Boy (16) with drug debt and at risk of death ‘very aggrieved' about detention in secure care, court hears
High Court
heard on Tuesday.
The 16-year-old, who had amassed a €1,000 drug-debt and was told 'war' would be declared if he did not pay, was taken by gardaí to secure care, known as 'special care', on June 5th on foot of a short-term High Court order.
The court had heard the boy, who has been in State care since 2023, had not been staying in his placement and was 'effectively' residing with his father.
Six shots were fired at two of his friends as they left his father's house on a date in the spring. One was hit and not seriously injured, but the boy was the intended target, according to gardaí.
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On Tuesday Mr Justice John Jordan heard the boy insisted he was not the shooting's intended target. He 'does not want to be in special care [and] doesn't believe he should be', the court heard.
Barrister Paul Gunning, for
Tusla
, said things went 'badly' in the first days of the boy's admission. He assaulted two staff members, fracturing the nose of one and biting another.
'It has been a difficult start to this child's time in special care. He did apologise afterwards. He does seem very aggrieved to be in special care,' said Mr Gunning, who sought an order for the boy to be detained in special care for a further three months.
Children
at risk of serious harm can be detained for their safety on foot of a High Court order in one of the State's special care units.
The court heard the boy's parents did not believe their son needed special care.
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Tusla's failure to provide secure care beds for children at risk an 'affront to rule of law', judge says
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Counsel for his mother, who is in hospital for a recurring condition, said she believes her son was 'managing far better in recent times'. He was attending school every Friday, applying for jobs and was hopeful of a position in a discount retailer.
The boy calls her daily from his unit and 'is quite disconsolate about his plight', particularly as he is unable to visit her in hospital, the court heard.
'She does appreciate that the social work department have their concerns', but she feels her son 'has done absolutely nothing wrong and he shouldn't be punished by being confined in special care'. She would like him to be there 'for the shortest possible time', the court heard.
'He feels safe in his father's house and would like to go home,' the court heard.
The boy's father said he believes the shooting was a case of mistaken identity and the guards were mistaken.
The boy's guardian ad litem – an independent person appointed by the court to be the voice of the child – supported Tusla's application for a three-month order.
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Replace secure special care units with one 'centre of excellence', Tusla told
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Granting the order, Mr Justice Jordan said it was 'appropriate'.
'I am not quite sure what the explanation for the different views concerning the threats to [the boy] are, and I expect this issue will be explored and developed between now and the first statutory review [on July 10th] at which stage the views of the Garda Síochána can be obtained.'
It is 'likely' there was 'considerable pressure' on the boy and his parents 'if there is a drug debt. Or it may transpire to be, as suggested by [the boy] ... a case of mistaken identity or a misunderstanding. I do wonder about that,' the judge said.
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