Aftercare Entitlement Bill - Note

Note on Aftercare Entitlement Bill “The Child and Family Agency provides leaving and aftercare services for young people which are responsive and relevant to each young person’s circumstances under Section 45 of the Childcare Act 1991. All young people who have had a care history with the Agency are entitled to an Aftercare Service. Services are provided on the basis of assessment of need, age and the length of time the young person was in care.”

The above is a quote from Túsla, the designated agency providing Aftercare to young people who leave care. This care is to provide them with a support when transitioning from care to adult life and is vital to providing the child the best opportunities upon leaving care.

In late 2015 the then Minister for Children James Reilly brought the Child Care (Amendment) Act 2015 before the houses. This Bill was to provide for an entitlement of a child to have an Aftercare Plan drafted while in care, yet did not entitle any child to the support the implementation of the plan required upon leaving care.

The Bill had some serious deficiencies, but passed through both houses without being amended due to a strong Government in both the Seanad and the Dáil at the time.

Sinn Féin has drafted what is to be cited as the “Aftercare Entitlement Bill 2017” in an attempt to address many of the pitfalls in the 2015 Act. We hope this will lead to an entitlement of Aftercare being a statutory requirement on the states behalf, allowing for young people leaving care being supported in a way that gives them an opportunity to transition and adapt to a new way of life in a steady and progressive manner.

There are 5 sections in the Bill, as follows

Section 1 Interpretation Section 2 Extends the definition for what is an ‘eligible adult’, who would be entitled to aftercare, from a maximum age of 21 (or 23 if in full time education), to 27.

Section 3  Creates a statutory right to aftercare for an ‘eligible adult’, not simply an aftercare plan, but the services and supports connected to aftercare.  It creates an option for young adults leaving care, to defer for up to 24 months, without potential loss of SUSI grants and other supports – The period directly after care formally ends can be a difficult time, and a time of much change – therefore the additional flexibility is important, to ensure care leavers have the best possible chance of pursuing education

 Creates an entitlement to supported accommodation for care leavers immediately after leaving a care setting, if they so wish to avail of it  Creates a responsibility on the part of Túsla, to inform a Child in care, at 16, that they are entitled to an aftercare plan, and to keep the Child informed of that development of that plan.  Creates a responsibility on the part of Túsla, to have at all times, a named person responsible for the implementation of the plan, and providing timelines for implementation  Ensures that the Aftercare plan is developed in consultation with an eligible child  Creates an obligation on Túsla to ensure that the plan be reviewed every 12 months, and that the eligible adult to participate in that review  Creates an obligation on Túsla to re-engage every six months with eligible adults Section 4 This section allows Túsla to deem a child an ‘eligible child’ – and consequently, entitled to an Aftercare plan and Aftercare – in exceptional circumstances, where they would not qualify according to the criteria set out under the Acts1, but who may benefit from the dedicated support and plan provided under Aftercare.

Section 5 Short title and Commencement

Note on Aftercare Allowance - Aftercare allowance is currently administered by Túsla, for people leaving care up to the age of 21 as long as the care leaver is in full time training or education. Care leavers not in training or education apply to DSP for payments. While it is not a legislative matter, as the scheme is non statutory, we support extending aftercare allowance to those not in education and training. This Bill extends eligibility for Aftercare, in terms of supports resources and plans, therefore, extending the Aftercare allowance to all those who are receiving aftercare, up to the age of 27, regardless of whether in education/training or not, is consistent with that approach.

1 a person aged between 18 and 27 years who was in the care of the Child and Family Agency for a period of not less than 6 months in the 5 year period immediately prior to the person attaining the age of 18 years;”