A teenage boy “at real risk of death” and brought by gardaí to secure care last week “has no interest in court, no interest in care” and “would like his own solicitor”, the High Court heard on Thursday.
Judge John Jordan, at a vacation sitting, heard the boy had not met his guardian ad litem (GAL) since arriving at the unit as it had “not been deemed safe”.
A GAL is an independent person appointed by the court to be the voice of the child. A child or young person who is deemed to be at such a risk to themselves, or others, as to need therapeutic residential care may be detained in secure care by the High Court.
The court heard the 16-year-old, who has been in State care since 2023, was not staying in his placement recently and was “effectively” residing with his father.
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He had become involved in drug dealing, had amassed a drug debt and in March, two other teenagers who were leaving his house were shot at.
One was injured, but gardaí advised that the 16-year-old “was the target for the attack” and “there was an intent to kill”, the court heard last week, when an interim secure-care order was granted.
On Thursday, Judge Jordan extended the interim order for six days to allow Tusla – the child and family agency – to apply for a full secure-care order on Tuesday.
Counsel for Tusla noted the boy “said he had no interest in court, no interest in care. He doesn’t want to talk about it. It appears from [Tusla] reporting that he would like his own solicitor.”
It was “apparent there is considerable difficulty getting him to settle”, said Judge Jordan.
He added: “I am satisfied . . . things have not changed in the intervening period save to say that [the child] is now in [a special care unit]. It is clear that the narrative surrounding [the boy] and his time in the community, allegations of involvement in significant aspects of criminality, the serious situation that exists in relation to threats made against him culminating in the incident which occurred . . . do prove that the risk to life, safety, development and welfare of [the boy] is very real.”
In another case, the court heard the constitutional rights of a 13-year-old girl in a secure-care unit were not secure as she feared for her safety from another child.
The “very vulnerable” girl alleged she was assaulted by a boy there and “this issue is now consuming her”, the court heard.
Judge Jordan, who met both children in their unit last week, said one of the children would have to be moved to another unit.
Counsel for Tusla, Shane Costello SC, said a “very detailed safety plan” was being prepared “to keep the two children apart”.
The alleged assault was not proven but was being “taken very seriously”. It was not Tusla’s intention to move the girl. “There is no other space available in the special care system at the moment” and to move her would “jeopardise the progress” she had made, said Mr Costello.
Counsel for her GAL said it was their preference that the boy be moved. “If you have a situation where a child at this level of vulnerability is being put at further traumatic risk, then their constitutional rights are no longer being vindicated,” he said.
Judge Jordan commented: “What’s happening, because of the presence of both children together, it’s interfering with the care available to them and the prospect of making some progress, it seems to me, is being reduced.”
Listing the matter for next Thursday, he asked Tusla to advise those working with the boy “of the court’s view that one or other of the children will have to be moved”.
