'Beggars belief' child in state care can go missing for nearly a month, judge says
Gordon Deegan
A judge has stated that it “beggars belief” that a 13-year-old child in State care can go missing for nearly a month, and there has been absolutely no progress in finding him or providing him with a suitable registered residential placement.
In the childcare case before Dublin District Court, Judge Conor Fottrell has stated that the position of the Child and Family Agency (CFA) “is completely unsatisfactory and unacceptable”.
In his four-page ruling extending the Interim Care Order (ICO) for the 13-year-old by one week only, Fottrell states that “the situation is just shocking, with a vulnerable 13-year-old child still missing in care and the only placement option remains that of a Special Emergency Arrangement (SEA)".
The boy’s mother is deceased, and his ruling, Fottrell says: “The child remains at a significant risk of harm, and understandably his grandfather, father and wider family are very worried and distressed by this situation.”
The ICO for the boy was first granted on November 17th last.
Fottrell recounts that a court order was made on February 18th, directing the CFA to provide a suitable and appropriate registered placement to meet the needs of this child.
The court granted the order following an application by the court-appointed independent voice of the child, Guardian ad Litem, seeking a court direction for a suitable placement for the child.
The boy’s father and maternal grandfather attended the court hearing and were legally represented.
In the written ruling dated March 11th, Judge Fottrell said: “The court was updated today on the position of the child and unfortunately, he still remains missing in care. He has now been missing from his SEA placement since the 17th of February. He was also missing for a period of five days prior to this.”
The Judge said this is the sixth time in one month the case has come before the court.
He reports that while the child has had some phone contact with his court-appointed Guardian ad Litem and social worker, he has not been seen in person by any professionals in nearly a month.
Fottrell said that the boy “has very clearly stated that he does not want to return to the SEA, and he is believed to be moving between various locations”.
Fottrell said that the Guardian ad Litem believes the child “remains an extremely vulnerable young person with a history of risk-taking behaviour, criminal association and substance misuse”.
Fottrell commented: “All of these concerns are significantly heightened, given the fact that the child has been missing for over three weeks.”
The judge said that the CFA updated the court that the residential placement, which was indicated as a possible option for the child last week, is no longer available.
Fottrell said that “the SEA remains the only placement option for this child, and this has been the Agency’s position since last November”.
In the conclusions of his ruling, Judge Fottrell says that “the circumstances outlined to the court today remain extremely concerning”.
He said: “There has been no material change in the position over the past four weeks, with the case coming before the court on six occasions during that time.”
Fottrell states that “the child has not seen or met with a social worker or the court-appointed Guardian ad Litem since he went missing”
He said that “the court order made three weeks ago — that the Agency provide a suitable and appropriate registered residential placement — has not yet been complied with”.
Fottrell says: “The immediate priority is for this child to be found safe and well. However, the Agency must comply with the court order to find an appropriate placement as a matter of urgency.”
