A high court order directing three Government Ministers and a health board to nominate a secure place for the detention of a disturbed 17-year-old girl was varied yesterday by Mr Justice Kelly.
He had been told the health board was reconstituting a therapeutic unit for the girl, who has now been at large for more than a week. The State is to provide whatever funding is required for the unit and additional supports for the girl.
She escaped while attending a hospital near the same therapeutic unit on October 13th but yesterday the judge was told she had contacted her foster parents.
The judge has appealed to the girl, through the media, to contact her solicitor, Mr Patrick Goodwin, at 086-8520346. He said he was aware from evidence heard in camera that the girl was aware of what was happening in the courts regarding her case.
He assured her the only intention was to try to ensure her safety and welfare by providing her "with a measure of comfort and happiness that sadly has not been her lot in her life to date".
He said the court would be available at any stage over the weekend and afterwards to sit in relation to the case.
The girl's case was before the judge yesterday to decide whether her identity should be disclosed in an effort to find her. When the matter opened yesterday afternoon, Mr Mark de Blacam, for the girl, said she had contacted her foster parents and he wished to make an in camera application.
Mr Justice Kelly consented and, when the case resumed in public, the judge said he had been told of some developments but that evidence had to remain immune from public attention.
He then heard additional evidence from Mr Donal McCormack, of the health board, of efforts made to reconstitute the therapeutic unit where the girl had been placed prior to her escape on October 13th.
That unit was built by direction of the court last May when the only place available for the girl was the locked ward of an adult psychiatric hospital with 29 mentally ill adults.
Mr McCormack outlined efforts to recruit additional staff and said it was possible the unit would be able to take the girl from next Monday.
He said physical changes had been made to the unit and as an additional security measure, it would be helpful if the Garda would assist in escorting the girl to any future medical appointments.
Mr Justice Kelly said there had been developments regarding the therapeutic unit and other developments.
He was now making a wholly unusual appeal to the media. It would be beneficial to the girl if she was to become aware of an appeal. He was satisfied the girl was aware of the court proceedings and these had had an effect on her.
The one interest everyone in court had was that she should be well and safe and looked after and to enable that to happen he was appealing to her to contact her solicitor, Mr Goodwin, without delay.
In relation to his earlier order this week directing the three Government Ministers - the Ministers for Education, Health and Children, and Justice - to nominate a secure place where the girl might be detained, the judge said he was satisfied the reconstituted therapeutic unit would be capable of accommodating her and providing for her needs from next Monday.
The nomination having been made, and he being satisfied the unit was appropriate, he was directing that his order of last Wednesday be varied. He was now making a fresh order directing the Garda to search for, arrest and return the girl to the therapeutic unit. He hoped it would not be necessary for the gardai to execute the order.
Legal sources say the State will now be unable to appeal Mr Justice Kelly's threat to hold three Ministers in contempt, following the judge's decision to vary his original order, writes Mark Brennock, Political Correspondent.
The Attorney General, Mr Michael McDowell, was last night considering his options. However, legal sources said the Supreme Court would not entertain an appeal against an order which effectively no longer existed. The Government had intended to lodge an appeal.
