High Court directs detention of three vulnerable minors in secure care

High Court Reporters

A child whose drug use is being facilitated by a family member is among three highly vulnerable minors who the High Court has directed must be placed in secure care by Tusla, the child and family agency.

Judge John Jordan was told this week that, in spite of Tusla’s mandated application to the court for the orders concerning the three children, the agency would not be in a position to comply with the directions.

This is because there are no beds available across the State’s three secure-care units.

Highly troubled and vulnerable children aged 11 to 17 can be detained in a secure-care unit, known as special care, on foot of a High Court order granted to Tusla.

Of the existing 26 beds across the State’s three secure-care units, just 15 are operational due to severe difficulties in recruiting and retaining staff.

There are now four children subject to secure-care orders who do not have a bed in a unit.

At this week’s hearing, Paul Gunning, barrister for Tusla, said he was seeking a secure-care order for a child at risk of exposure to serious criminality and who has been facilitated in hard-drug use by a family member.

Gunning said the child is constantly missing from their accommodation placement.

The judge said he would grant the order sought. He said that to describe the minor’s life as “chaotic” was an understatement. He observed that the child was born into an impoverished, dysfunctional family, with drug and alcohol abuse present.

Sarah McKechnie, another barrister for Tusla, said she was applying to detain in secure care a child who is being sexually exploited, is using hard drugs and is suspected of being involved in drug dealing.

The child has been in care for some time, with previous placements breaking down due to their complex needs and behaviours, counsel said.

Describing the minor’s situation as a “sad case” and “hugely concerning”, the judge granted the order sought.

In the case of another child, McKechnie said that, since entering the care system, several of this minor’s accommodation placements have broken down.

This was due to their violent and abusive behaviour, including physical assaults on placement staff, counsel said.

McKechnie said the minor’s mental health has significantly deteriorated since last year.

The judge granted the secure care order.

Noting Tusla was not immediately able to comply with the directions, the judge said he was granting the orders with the expectation that they would be complied with without delay.