A lack of suitable placements for “exceptionally vulnerable” children in care was the “dominant issue” in more than a sixth of cases before the courts examined in a new report.
The ongoing placements crisis – which has meant Tusla’s increasing dependence on unregulated emergency arrangements for at-risk children, including hotel rooms and Airbnbs – was “at the centre of” 17 out of 106 child care cases monitored by the Child Law Project (CLP) in its latest report, published on Monday.
The cases involving the child and family agency were concluded or ongoing this year.
The CLP attends child protection court cases held in private, producing anonymised reports and identifying themes.
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While cases featured neglect, abuse, parental disability including mental health issues, addiction, domestic violence and the absence of one or both parents due to death or imprisonment, “what has been noticeable ... has been the number of cases where finding a suitable placement for the child has been the main issue,” the report noted.
“In most [of the 17] instances [where placement was the main issue] the child was in an unregulated special emergency arrangement, from which they frequently absconded, placing themselves at risk of criminality and sexual exploitation,” it said.
“Often these children had been deemed eligible for special care, but no place was available.”
Special care is the most secure form of care where children may be detained by the High Court because their behaviour is so chaotic as to be a danger to themselves or their community.
Just 15 of 26 special care beds are operating due to inadequate staffing.
A Dublin District Court judge described the case of a 13-year-old missing from his placement for about four days as “extremely concerning,” the CLP reported.
The boy surfaced only to collect his belongings and to ask that social media appeals for information on his whereabouts be taken down.
“The guardian ad litem [court-appointed advocate] ... indicated that the situation highlighted the need for a placement where the child could be properly supported.” The judge noted the seriousness of a child in care being unaccounted for.
In another case, a “young boy” with an attention-deficit/hyperactivity disorder diagnosis had been in care for seven months. Several placements had broken down and he had repeatedly tried to abscond. He was now in hospital as a “social admission”.
The court heard “therapeutic services were ready for the boy, but those services could not be provided while he was in an unstable situation”. His advocate’s solicitor said: “He’s been warehoused.”
Tusla’s national placement team was doing its “best” to find one, but there were 241 children on its waiting list.
In a provincial court, two “very young” disabled siblings remained with their parents, under Tusla supervision, despite the judge querying whether a full-care order should be sought.
Their advocate, fearing they could be split up and placed in different homes, noted “a shortage of disability-suited placements”.
CLP executive director Carol Coulter said it was “imperative” the placements crisis for at-risk children be addressed.
“We have been highlighting the lack of appropriate placements for an exceptionally vulnerable and at-risk cohort of children and young people for the past few years, reporting on the concerns of the judiciary who are hearing such cases week in and week out,” she said.
“Yet the problem seems to be getting worse rather than better. It is imperative that the whole Government, and not just Tusla, make it a priority to solve this issue.”
