Child subject to secure care order arrested for allegedly driving stolen car, court hears

High Court Reporters

A highly vulnerable child subject to a High Court order compelling Tusla to place them in secure care was recently arrested for allegedly driving a stolen car under the influence of intoxicants, the court has heard.

Tusla, the Child and Family Agency, has not complied with the order to detain the child in secure care, as there are no beds available at any of 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 sought by Tusla.

Mr Justice John Jordan, who manages the High Court’s weekly special care list, on Thursday noted that the risk to the child was “escalating”, and said the special care order should be complied with.

Barrister Sarah McKechnie, appearing for Tulsa, told the judge that the child was this week arrested in relation to driving a stolen car. She said that an oral swab taken by gardaí tested positive for cocaine, and that the child refused to do a blood test.

The child reportedly became heightened during his interactions with gardaí, she said.

Barrister Maeve Cox, appearing for the child’s court-appointed advocate, told the judge that the position of both her client and the child’s parents is that efforts need to continue to place the child in special care.

Ms McKechnie also told the court that plenary proceedings have been issued in relation to the child’s case.

The proceedings, taken on behalf of the child by his mother, seek a court declaration that Tusla is in contempt of court.

In the case of another child, Paul Gunning, appearing for Tusla, told the judge that similarly, plenary proceedings have been issued over Tusla’s noncompliance with a special care order.

Mr Justice Jordan acknowledged that both sets of plenary proceedings were live before another judge of the High Court.

The cases of both children were adjourned to a date in December.

In another case before the court, Mr Justice Jordan granted an extension to a secure care order in respect of a child with “significant trauma” in their past. The child is currently receiving care at a secure unit.

The judge said the child has in the past been involved in criminality, assaults, consumption of drugs and alcohol, and suspected sexual grooming.

The judge said he was satisfied to extend the order for three months.