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Court hears 13-year-old girl with history of drug use and sexual exploitation needs to switch care unit
A 13-year-old girl who has had more than 200 incidents involving gardaí along with a history of drug use, sexual exploitation and severe neglect is to be moved from her secure-care unit for her own safety.
On Thursday, against the recommendations of her advocate, the High Court ordered the girl be moved due to 'very significant issues' with another child in her current unit.
Mr Justice John Jordan, acknowledging concerns of her guardian ad litem – an independent person appointed by the court to act as the child's voice – said
Tusla, the Child and Family Agency
, was 'between a rock and hard place in terms of resolving a situation which has to be resolved'.
The deteriorating situation of the girl, who was detained in secure care, also known as special care, earlier this year, has been reported to the court regularly since the admission of another child to the same unit.
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The two children, who are from the same locality, have a 'fractious' relationship.
The girl has said she 'should not have to live' with the other child.
William O'Rourke, assistant national director of alternative care in Tusla, said on Thursday the issues between the children were 'becoming more toxic, more fractious', and 'a move should occur as soon as possible'.
Margaret Fennell, the girl's guardian ad litem, described her as 'a very vulnerable... young girl who wants to be part of something. She is lost.' Until recently she had not engaged 'in any form of therapeutic service, nor wanted to'.
'She has over 200 incidents with
An Garda Síochána
... [there was] quite a significant incident [that] has gone to the DPP [
Director of Public Prosecutions
] in relation to a serious assault.'
Since coming into special care earlier this year she had built positive therapeutic relationships in her current placement.
This was 'amazing' and 'should be nurtured', said Ms Fennell. 'I still do believe it should not be [the girl in her charge] that is moving.'
Mr Justice Jordan noted that the girl came from 'an extraordinarily dysfunctional background'. When she first spent time in special care, at age 11, she had already experienced 'drug-taking problems, suicide attempts... serious sexual exploitation, despite her young age'. At the time, both her parents were in prison.
'[The girl] has had very few breaks in life and it is the position she was making improvements in [her unit which] appear to have come to a halt or to have slowed.' .
There was 'no doubt' it was necessary to separate the two children.
Each of the three special care centres was 'too small', he noted, to effectively keep children who had a negative impact upon each other apart.
The complexity of separating them lay in the fact that all 16 available special care beds are occupied, meaning a child currently staying in the unit to which the girl will move must also be moved to make space for her.
Tusla told the court it had identified a child in the second unit who would benefit from swapping places with the girl, due to 'escalating tensions and difficulties' they were involved in.
That child's parents agreed 'absolutely' with the move if the child was 'in danger'.
Making orders to arrange both moves, the judge said there were 'no guarantees' they would be without problems. He listed the three children's cases for review in coming weeks.
