High Court finds only 13 of 26 special care beds open for at-risk children

Thirteen of the 26 available beds in Ireland's special care units are currently open, a gap that has left several at-risk children without secure placement. The High Court heard on Monday that this staffing shortage is preventing Tusla from complying with existing court orders. The units serve children aged 11 to 17 who are deemed a threat to their own lives or to those around them.

A boy recently vomited up 37 bags of crack cocaine he had swallowed to hide from gardaí. He is also using fentanyl, a synthetic opioid. The court noted he is at serious risk of death due to drug use or debts. Sarah McKechnie, barrister for Tusla, stated the boy became upset when told the drugs would be handed to police. He left the unit when gardaí arrived and has been missing since. Tusla accepts he should be in special care but has no bed available.

Two teenage girls, ages 17 and 14, also lack secure beds. They are being sexually abused by multiple men. The older girl was found unresponsive on a roadside with little memory of events. She reported pelvic pain at the hospital. Paul Gunning, barrister for Tusla, described her as being at risk of serious gravity, including death by misadventure. The younger girl continues to enter pubs seeking men to provide her with substances.

Judge John Jordan said the three children are in grim situations experiencing ongoing damage because Tusla is not complying with orders it sought. Jordan noted this is the first time fentanyl has been mentioned in reference to the no-beds list. He stated the boy would not be using fentanyl if Tusla had complied with the court order for his special care.

The Health Information and Quality Authority has prohibited Tusla from admitting further children to Crannog Nua in north Dublin. The ban is due to ongoing safety concerns around staffing. The unit cannot accept new residents even when current ones are discharged. Jordan said the obvious solution is improved pay and conditions for special care workers. He said he was sick and tired of raising the issue.

Jordan said both Tusla and the Government must fund better pay in the sector. He criticized the inaction and lethargy of those with the power to sort the situation out. The judge lifted the in-camera rule in the three children's cases to allow proceedings against Tusla for alleged contempt. This rule normally protects the privacy and identity of the children involved.

A different teenage boy recently discharged from special care needs to return, according to his social workers. They view special care as the only alternative. Tusla opposes his return. The boy was earlier before Dublin District Children’s Court for charges related to three instances of allegedly traveling in stolen cars. The case was put back to the end of the month due to an ongoing solicitors’ dispute.