There was “extraordinary potential” in many of the damaged and vulnerable children detained in special care, the High Court heard on Monday.
Mr Justice John Jordan held up artwork given to him last week by a child he visited in the most secure form of care, known as special care.
Showing the child’s print of a “soldier’s moll” during the second World War, he said the young person had explained the face was blank because “many of these women were used by soldiers and they didn’t even remember their face afterwards”.
“[The child] is a writer and a singer and an artist. She gave me one of her poems ... charting her movement through various placements – a very moving, sad poem and a very brilliant poem,” said Mr Justice Jordan.
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The girl also wrote her own songs, he noted.
“This is young girl of extraordinary potential which is not unusual among these young people that one meets in special care. It emphasises once more the importance of the therapeutic interventions [provided in special care] in order to give these young people a chance.”
Mr Justice Jordan hears the weekly special care list at which Tusla applies for orders to detain children, aged between 11 and 17, when their behaviour is so chaotic they pose a significant danger to themselves or their community.
Just 15 of the 26 special care beds in the State are operational due to severe challenges recruiting and retaining staff.
A child the judge had ordered to be detained in special care several weeks ago remains unable to access a bed, while two children ready for discharge cannot leave because Tusla cannot source suitable onward placements, the court heard.
Paul Gunning, barrister for Tusla, said the child without a bed had recently absconded from their current placement.
“Gardaí had to be called to de-escalate [their] behaviour.”
It was an “appalling situation” said Mr Justice Jordan. “Is there any idea when the [child will get a bed]?”.
“No judge,” replied Mr Gunning.
“It is really pointless my saying anything,” said the judge. “It is completely unacceptable.”
A third three-month extension to continue detaining a child was sought and granted, despite them being ready to leave special care, as no suitable onward placement had been identified. The child, now in their second time in special care, has been detained for almost a year.
“By any standards [the child’s] time in special care is protracted,” said Mr Justice Jordan.
While noting the great efforts made to find an onward placement, he said he was “disappointed” none had been. The child was beginning to “disengage” from therapies in special care as they were frustrated at still being there.
“Something needs to be done ... [The child] could go into reverse,” said the judge.
A child who the court ordered be detained in special care almost three months ago, and for whom a bed has been available since last week, cannot be located, the court heard.
The young teenager, who is involved in criminality including drug taking and selling, has been missing from their placement for almost a week. Gardaí had been notified that the child must be located, said Sarah McKechnie for Tusla.
“The order has to be executed,” said the judge. “This young [person] is completely out of control and in a perilous position” due to non-compliance of the order.
