A teenager who experienced “significant early adversity”, including childhood neglect and physical abuse, is “doing well” after spending 12 days in special care.
The youth had made multiple suicide attempts in recent months and has had 10 foster placements break down.
The High Court this week heard this was a “very, very good news story” when compared to reports provided while the teenager spent weeks waiting for a special care bed.
Judge John Jordan, granting an extension to an order for the child to remain in special care, noted the teen had thrown themself off a bridge and had been recently found with their legs in a river having consumed a significant amount of vodka.
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“After a short time in special care, [the young person] is now doing quite well,” said the judge.
However, other cases before his weekly special care sitting illustrated “utter chaos” in the system, he said.
Where the circumstances of a child, aged between 11 and 17, are deemed so dangerous they are at risk to themselves or others, the High Court may order their detention in the most secure form of care, known as special care, where they receive specialised therapeutic care.
Just 15 of the State’s 26 special care beds are open due to severe challenges for Tusla in recruiting and retaining special care staff. Seven staff are needed per bed.
On Monday, three children for whom special care detention orders are in place have not yet been allocated beds.
A young teenager ordered to be in special care eight weeks ago remains without one and is “in significant danger”. They were absconding “repeatedly” and smashing property in their placement.
“[The child] needs to be in special care and that really needs to happen sooner rather than later,” said barrister Maeve Cox for the child’s court-appointed advocate.
Michael Lynn, senior counsel for the child’s mother, said proceedings have been issued against Tusla alleging it is in contempt of court by failing to comply with the order. “This is a 15-year-old who is not in a safe place, is at risk,” he said. “There isn’t even an indication as to when a place may become available.”
Describing the situation as “disgraceful”, the judge noted the proceedings. “It must be the position that hundreds of thousands are being spent on litigation” by Tusla due to its “failure to comply with court orders”.
He said: “It is ... further illustration of utter chaos in the system that the authorities appear to be content to deal with litigation in this issue as opposed to dealing with the root problem [by] employing sufficient staff to open up the beds.”
Another child said to have done “so well” in special care is now in a “really quite bleak place”, because no onward placement has been identified to allow them to leave.
A fresh order was made two months ago to continue detaining the child while Tusla looked for an onward placement. None has been found, barrister for Tusla Paul Gunning said.
Donal Ó Muircheartaigh, counsel for the teenager’s court-appointed advocate, said the child is “tremendously upset” by the delay.
“If we are not already, we are tending to move into unconstitutional space where [the child] has been ready to move for a significant period ... and there is no hope of moving on.”
Jordan said the young person was not only “taking up a bed” they did not want while “others are deprived of special care”, but it is “not helpful” for the child to be there. “In other words, [Tusla] is failing on both fronts,” he said.
