A High Court judge said it was "a disgrace" that he had no option but to return a profoundly disturbed girl back to the Central Mental Hospital yesterday.
The girl, who was sexually abused as a child, has engaged in heroin abuse and prostitution, suffers from a severe personality and behavioural disorder and is described as a very serious danger to herself and others.
Mr Justice Kelly said he made the order with reluctance and a heavy heart and said it was "a disgrace to the State and all the authorities responsible for the welfare of children" here that he had to do so.
The authorities "should be ashamed" that this was happening five years after the State was put on notice by the courts of its constitutional obligation to provide appropriate care and accommodation for such troubled children. The State had known for years of the needs of children such as this girl, but the provision of appropriate places was no better now than five years ago.
It was tragic and disgraceful that a secure facility of the type recommended for the girl three years ago had not been provided, the judge said. "This case is the crystallisation of the years of neglect regarding children with disabilities such as this."
He directed that a care plan be prepared for the girl and returned the matter to May 9th. He noted that the clinical director of the CMH, Dr Charles Smith, and other psychiatrists had warned that her prospects of successful treatment were no more than 10 per cent if she remained there and zero if she were put on to the streets. This was the girl's last chance, she would be 18 next January and the court or health board had no power to do more for her then, he said.
The girl was sent by Mr Justice Kelly to the CMH on March 10th after the East Coast Area Health Board (ECAHB) brought her case to court. The girl had been held in the acute psychiatric wing of a hospital for days, although this was deemed totally inappropriate and possibly illegal.
In the unit she had cut her arms and neck with razors and threatened staff. Before that she was in a high support unit where she was violent, aggressive and out of control, which had led to her being brought to the hospital.
Mr Justice Kelly brought forward a review after the girl wrote to him last week saying she was not mad but wanted somebody to be consistently there for her.
During the three-day review, the judge heard evidence in camera from Dr Smith, consultant psychiatrist, the manager of the high support unit where the girl was placed from 1997 to earlier this year and the girl's guardian ad litem. He also heard the girl's own views, expressed in camera, on what she wished to happen.
Closing legal submissions were made yesterday for the girl, ECAHB and State and the judge delivered his ruling later. He said the girl was profoundly disturbed and it was not difficult to explain why.
He had concluded that she was not suffering from any chronic mental illness and was in great need of a secure structured environment with therapeutic and psychiatric input.
