1055. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality whether the Government has undertaken, or intends to undertake, an independent joint audit of the operational handover and follow-up arrangements between An Garda Síochána and Tusla following emergency child removals under section 12 of the Child Care Act 1991; and the statutory framework that exists to ensure joint inspection and clear allocation of safeguarding responsibilities during and immediately following such interventions. [65251/26]

The Joint working between Tusla and An Garda Síochána forms an essential part of the child protection and welfare service in Ireland. It aims to set out the various tasks undertaken by Social Workers in Tusla and the roles and obligations of An Garda Síochána in safeguarding children.

The statutory responsibilities of An Garda Síochána and of the Child and Family Agency in the situation where a member of An Garda Síochána exercises powers to take a child to safety and then deliver the child to the custody of the Child and Family Agency are set out in section 12 of the Child Care Act 1991. This is also set out in the Joint Working Protocol for An Garda Síochána/Tusla – Child and Family Agency Liaison.

Where, on foot of such action, the Child and Family Agency applies for an emergency care order under section 13 of the Act, the Agency may retain custody of the child pending a hearing at the next sitting of the District Court, or a sitting arranged for that purpose. Regulations and Standards for Foster Care, Residential Care, and Special Care set out detailed criteria against which Tusla is inspected in its provision of services for the placement of children in alternative care.

A report by the Special Rapporteur on Child Protection entitled "Audit of the exercise by An Garda Síochána of the provisions of Section 12 of the Child Care Act 1991" was published in 2017 and considered as part of the comprehensive review of the Child Care Act 1991. Following this review, the General Scheme of a Bill to amend the Act was published in 2023 and the Child Care (Amendment) Bill 2025 was published in December 2025. The Bill, which is before the Houses of the Oireachtas, includes new measures to strengthen inter-agency co-operation and national coordination on child protection and welfare. Designated public bodies will have a duty to cooperate on child protection matters, and be required to proactively share information and collaborate to deliver more coordinated and effective services.

Tusla and An Garda Síochána are reviewing the Joint Working Protocol 2017 under Children First, to be finalised in 2027. Operational arrangements under Section 12 of the Child Care Act 1991 are included in this review.

There Government has no plans at this time, to conduct or commission any audit into the Joint Working Protocol.