Child And Family Agency Case Study
In January 2014, the Child and Family Agency, (Tusla), became the dedicated state entity in Ireland to deliver services to children and families, with legal responsibility towards safeguarding the welfare and protection of children at risk of abuse. Operating under the Child Care Act (1991), and the progressive Child and Family Agency Act (2013), the Child and Family Agency (CFA), has a central role in supporting communities to keep children safe, and provide care for children in circumstances where their parents are unable to. They do this by striking a balance between offering parents’ supports to care appropriately for their children, and providing sufficient early intervention to protect children. Under the “Children First Act (2015)”,
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This essay explores the statutory role and responsibilities of TUSLA Child and Family Agency in Public Law Child Care Proceedings, with specific focus on the placement of children in state care under the provisions of the Child Care Act …show more content…
Figures show that in January 2016, there were 6,371 children in care, with an additional 25,568 open child welfare and protection cases, 5987 of which had not been allocated a social worker (Tusla’s target of cases not allocated a social worker is 134). (Tusla, 2016). To put it in context, in 2011 the open number of welfare and protection cases was 21,040. With a growing number of concerns being reported, it is easy to see how those working in the agency have a difficult task. Initial assessments must be carried out to establish whether there are grounds for concern, and if necessary, the 1991 act gives the CFA the power to apply to the District court for a number of child protection measures. The type of court orders sought largely depend on the individual case. However, public law child care proceedings operate on the assumption that the best place for a child is with his/her parents. Both the courts, and the CFA therefore take a strong view, that care should be used as a last resort, and decisions are based on the balance of probability. This is reflected in the high thresholds, which must be met before orders can be granted by the District Court. For example, in, N v Health Service Executive [2006], Mr Justice Hardiman
This essay explores the statutory role and responsibilities of TUSLA Child and Family Agency in Public Law Child Care Proceedings, with specific focus on the placement of children in state care under the provisions of the Child Care Act …show more content…
Figures show that in January 2016, there were 6,371 children in care, with an additional 25,568 open child welfare and protection cases, 5987 of which had not been allocated a social worker (Tusla’s target of cases not allocated a social worker is 134). (Tusla, 2016). To put it in context, in 2011 the open number of welfare and protection cases was 21,040. With a growing number of concerns being reported, it is easy to see how those working in the agency have a difficult task. Initial assessments must be carried out to establish whether there are grounds for concern, and if necessary, the 1991 act gives the CFA the power to apply to the District court for a number of child protection measures. The type of court orders sought largely depend on the individual case. However, public law child care proceedings operate on the assumption that the best place for a child is with his/her parents. Both the courts, and the CFA therefore take a strong view, that care should be used as a last resort, and decisions are based on the balance of probability. This is reflected in the high thresholds, which must be met before orders can be granted by the District Court. For example, in, N v Health Service Executive [2006], Mr Justice Hardiman