“Search and deliver” orders for two children deemed to be at “extreme” high risk were issued by the High Court on Monday in the face of protestations by Tusla.
Judge John Jordan issued the orders empowering gardaí to find the teenagers and convey them to special care despite concerns other children may need beds more urgently than they did.
Two beds became available during the hearing when the judge issued discharge orders for children deemed ready to leave special care.
The judge said it was “wholly unacceptable” that Tusla was not moving to “immediately comply” with orders already in place in respect of two children whom he ordered be detained several weeks ago.
Special care is the most secure form of care in which children aged between 11 and 17 can be detained by High Court order, where their behaviours put their lives or those around them at risk.
Just 15 of the 26 special-care beds are open, however, due to severe challenges recruiting and retaining staff.
Sarah McKechnie for Tusla told the court there were up to seven children who urgently needed special care.
[ Tusla in breach of High Court special care direction again over capacity issuesOpens in new window ]
When the two beds became available the judge said he expected the two waiting since last month to be taken into special care immediately.
“I very much regret to inform you that [Tusla] intends to have a prioritisation meeting in the morning,” said McKechnie.
Among the other children, she told the court, was a young teenage boy who is manufacturing, selling and using crack cocaine, and swallowing packages of the drug to avoid being caught by gardaí. A new order was granted in respect of the boy whom the judge said was “completely out of control”.
Other cases included a child “in a hospital bed close to death after a suspected overdose” and another subjected to ongoing and repeated sexual assaults in her community, said McKechnie.
The judge said there was a “situation” where two children subject to orders were waiting for beds and two beds were available.
“If these two children are not received into special care this evening I want an explanation filed by way of affidavit from the director and assistant director of special care. I want it sworn by 9.30 tomorrow morning and filed in the central office in each of these cases.
“How it can be that the CFA [Child and Family Agency] can flout a court order, having been declared in contempt?” he said referring to a High Court ruling in July that the agency was in contempt by failing to provide special care to children whom the court has ordered be detained.
“They [Tusla] now have two beds and have decided: ‘We’ll leave it over until we have a chance to discuss it in the morning.’ That is disgraceful ... It’s quite offensive. It is wholly unacceptable,” he said.
“In both cases I will grant search a delivery orders,” he said, adding he expected the children to be in special care by the morning.
Subsequent to the hearing Tusla confirmed the two children awaiting beds would be located by gardaí and taken into special care.