Mattie McGrath (Tipperary, Independent)
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Last week, we learned from a reply to a parliamentary question put by Deputy Tóibín that 40 children who were taken into State care by Tusla are currently missing. It is understood that 22 of those missing are separated children seeking international protection and unaccompanied minors. On 29 February, Deputy Tóibín raised in this House for the second time with the Minister, Deputy O'Gorman, the case of a 14-year-old girl who went missing within an hour of being placed by Tusla in State care, only to be found a year later locked in a brothel.

There are 40 children missing from State care and there is no outcry, just as there was no outcry or, indeed, Government outrage in June 2023 in response to a report from University College Dublin's school of social policy which revealed that children taken into State care by Tusla are going missing and are being targeted and sexually exploited by co-ordinated gangs of predatory men. A major contributing factor leading to children missing from care is the placement of vulnerable children in emergency accommodation and private residential settings that are not subject to inspections. Following a report in The Irish Times, one of those providers is now subject to a Garda investigation for allegedly falsifying Garda vetting documents and pre-employment screenings of staff.

Last September, the Minister, Deputy O'Gorman, admitted that his Department deleted three out of four reports pertaining to children taken into care by Tusla which were sent to him in May 2023 by a now retired judge, Dermot Simms, while he was still on the Bench. Judge Simms told the Minister about this and he expressed his "utmost concern for the immediate predicament and welfare of children who are in the care of the State”. Tusla's failure to comply with several High Court orders to provide specialist residential care for at-risk children is now bringing the country's judicial system into disrepute. In February, Tusla lost its Supreme Court appeals against three court orders in the same week. If I or any other citizen had done this, we would be in contempt of court and there would be a huge outcry. It is just not acceptable. It beggars belief. It is hard to fathom how Tusla is allowed to operate in breach of statutory obligations and flagrantly remain in contempt of High Court orders.

The final report from the Child Law Project, which has been reporting since 2013 on Tusla cases in family courts, was published this week. It contains 70 reports about children taken by Tusla into State care before the courts. It is a horrific litany that details children in care not being assigned a social worker; children being sexually abused in foster care; and children being trafficked across the country for sex by predatory males. Indeed, top judges have said they are in despair at the lack of placements by social workers. Responding to the report, the Ombudsman for Children, Dr. Niall Muldoon, expressed his despair at the situation facing children taken into care by Tusla. According to his statement:

It is unheard of that judges now have to continuously and repeatedly hold Tusla to account for their failings in their statutory duty to children. It is not only judges that are worried. I have heard from social workers, social care workers and guardian ad litems (GAL) about their real fear for the welfare of these children.

Dr. Muldoon went on to say that 2024 was "the 15th Anniversary of the Ryan report", which we all remember. He said that the Ryan report "exposed the darkest abuse of children in care, and yet this Government is allowing the only agency with authority to publicly report on these cases, to simply quietly dissolve, without any alternative in place". The Department must renew that contract or put out a tender for a new organisation to monitor what is going on here. It is totally unacceptable. The Child Law Project headed by Dr. Maria Corbett is the only insight the public is getting into court cases involving children taken into care by Tusla-----

Catherine Connolly (Galway West, Independent)
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The Deputy will get a chance to come back in.

Mattie McGrath (Tipperary, Independent)
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-----because of the in camera rule.

Colm Burke (Cork North Central, Fine Gael)
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I thank Deputy McGrath for raising this very important issue. Children reported missing from care are recognised as being among the most vulnerable in society. It is always concerning where a child appears to be missing or has absconded from care, even for a short period of time. Tusla has a statutory responsibility under the Child Care Act 1991 for children in care, and the agency collects information regarding the number of children who go missing or abscond from a placement.

Missing children in care is an issue which covers both mainstream services for children in the care of Tusla and separated children seeking international protection, SCSIP. The Department of children receives fortnightly reports from the Tusla SCSIP service that includes the most recent statistics on referrals to the service, the number of admissions to care, placement types and the numbers missing from care. The latest data received from the Tusla SCSIP service on children missing from care, as of 4 July, indicates that 33 children are missing from care, of whom 22 are missing from Tusla’s SCSIP service and 11 are missing from mainstream care. Of the total of 33 children in care who are currently missing, nine went missing in 2023 and 24 went missing in 2024. Of the 22 SCSIP children currently missing, 21 have been missing for over two weeks. All of the 11 children currently missing from mainstream care have been missing for less than two weeks.

The vast majority of young people in the SCSIP service reported as missing are over 16 years of age. Some children or young people who go missing from care communicate their intention to travel on to other countries to join family members, and some indicate that it was never their intention to remain in Ireland and leave soon after they arrive in the country. Nonetheless, those young people who do not subsequently make Tusla aware of their whereabouts are counted as missing and An Garda Síochána is notified accordingly.

Nonetheless, for those who do not subsequently make Tusla aware of their whereabouts, these young people are counted as missing and An Garda Síochána is notified accordingly. Tusla and An Garda Síochána work together collaboratively on children missing in care cases through the An Garda Síochána -Tusla joint working protocol on missing children. Most of the children and young people reported missing return to their placement after a brief period of time and remain in a safe and caring environment. It is important to note that where a child is absent from their residential care placement for more than 15 minutes they may be reported as missing from care under the joint protocol. This could be for a range of reasons, such as missing their curfew or not returning to their placement at an agreed time. This joint protocol is being reviewed and updated by Tusla and An Garda Síochána. Once An Garda Síochána is notified that a child is deemed missing, and once a child has been reported absent, the Garda has primary responsibility for investigating the child’s whereabouts. While the Garda has primary responsibility for investigating once a child is reported missing, Tusla staff maintain regular contact with the Garda throughout the investigation, and pass on all relevant information to assist in the safe return of the child. Tusla also prepares an absence management plan for each child in care. This plan is a tool to manage the risk in the event of a child going missing. The Garda national missing persons unit has oversight over a Garda investigation on the ongoing attempts to locate the child, including liaison with Interpol if there is a concern that the child has left the jurisdiction.

Mattie McGrath (Tipperary, Independent)
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With all due respect, the Minister of State's response grossly understates the underperformance of Tusla in meeting its statutory obligation to protect the country's most vulnerable children in State care. Tusla's dysfunction is hiding in plain sight, as was pointed out to those present on 13 June in the Dáil public petitions committee meeting by the Alliance of Birth Mothers Campaigning for Justice. They are petitioning to have legislation introduced to provide HIQA with statutory powers to sanction Tusla where inspections find that the agency is non-compliant with regulatory standards.

Last week, Judge Conor Fottrell said it was shocking, appalling and damning that 225 children taken into Tusla's care in Dublin, south-west Kildare, west Wicklow and Dublin south-central have no social worker. They are his words, not mine. Tusla's "failure to inform the courts of this, as the agency was obliged to do, was "a failure of management at local, regional and national level" and raised "serious concerns" about issues of governance and communication within the agency at all levels.

It is a welcome development to see members of the Judiciary are now raising their voices on a regular basis. However, we must not forget there are some rotten apples in the barrel who, along with Tusla, are sheltered from public scrutiny by the in camera rule. This rule is very discouraging and damaging to cases. In May, former Circuit Court judge Gerard O'Brien was jailed for four years for assaulting six boys and attempting to rape one other. Following this jailing, I was contacted by a mother who believes her children were unlawfully detained by gardaí and handed over to Tusla and social workers, who were successful in getting a court order to take the children into State care following an ex-parte hearing at the District Court. She was not informed of that. It is an appalling litany. For the Minister of State to come in here and just read out that bland statement is totally unacceptable. It is time the Government took this highly dysfunctional organisation under proper legal process and made them accountable to the families they are wrecking in many cases.

Colm Burke (Cork North Central, Fine Gael)
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If I may just respond to the Deputy, in relation to 33 children missing, the whereabouts are unknown in relation to the 33. However, ten of them have actually been in contact. Ten out of the 33 have been in contact but their whereabouts are still not known, just to put it into perspective.

There is close co-operation between the Garda and Tusla. Operation Cosnaím was set up and, as part of same, all concerns of potential child sexual exploitation regarding a child who is in the care of Tusla, are notified to a centralised point in the Garda national protective services bureau. Operation Cosnaím is currently been reviewed and updated. The Department chairs a core group which includes the Department of Justice’s international protection office, Tusla, the International Protection Accommodation Service, and the child care performance and social work unit in the Department.

The Minister is continually working with colleagues in the relevant Government Departments and other State agencies to address and manage the risk and to meet the needs of this cohort of children and young people. Ireland has been accommodating increasing numbers of those fleeing the conflict in Ukraine and also international protection applicants, resulting in an unprecedented level of pressure on State services including Tusla’s residential, foster care, alternative care and social work services. The Department and Tusla work closely on the safeguarding framework for all children in care to ensure that it continues to be sufficiently robust to protect children from evolving risks.

It is important to note this issue, whereby young people seek international protection here and then reunite with their families afterwards. There are figures on that as well. Of the 33 who are reported missing, ten are in communication with the services. Tusla and the Garda work very closely together on identifying the location of any child who goes missing.

Catherine Connolly (Galway West, Independent)
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The Deputy is not here for the second matter. I am moving on to the third, in ainm an Teachta David Stanton.