Family members who had been “harbouring” a highly vulnerable 13-year-old who was missing from care for weeks, while telling Tusla they were hugely concerned for the child, should “hang their heads in shame”, a judge has said.
Judge John Campbell told Dublin District Court it was “good news” the boy had been located but it was an “outrage” that “blood relations” would “be attempting to undermine the orders of this court” in such a way that could “jeopardise the health, welfare or indeed the life” of the boy.
As he spoke the boy’s father, who was present and legally represented in court, shook his head.
The child, who came into care late last year after his maternal grandfather was unable to manage him, was placed in an unregistered, unregulated placement known as a special emergency arrangement as no registered placement was available.
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On February 18th, Judge Conor Fottrell directed Tusla to provide the boy with a registered placement, but his order has not yet been complied with.
The boy, who has been the subject of 46 child protection referrals since 2012, has experienced parental substance misuse, domestic violence and neglect. His mother is dead and his father has had addiction issues.
He had repeatedly gone missing from his special emergency arrangement since February and was thought to be in the company of men involved in criminality, moving between various locations.
Last Friday, in his third published decision on the boy’s case, Fottrell said: “It simply beggars belief that a ... child in care can go missing for nearly a month and there has been absolutely no progress in finding [them] or providing [them] with a suitable registered residential placement.”
He was located by gardaí just after 10pm on Sunday at his paternal aunt’s home. A garda told the court on Thursday that the boy answered the door and “tried to evade” her “but just wasn’t fast enough”.
“On entering the residence I observed his father was there,” said the garda.
At previous hearings the father, through legal representatives, expressed “extreme” concern for his son’s whereabouts and safety.
“It is clear now he has been spending extended time with his father and aunt,” said the social worker.
She said the boy was using drugs. A youth worker, she said, had observed him with a “large cannabis joint” and “severely under the influence”.
“I do believe he is a child at extreme risk,” she said. “He is very vulnerable, being groomed into criminality and is using drugs.”
The boy was now in an special emergency arrangement nearer to his family and more settled, though he did go missing overnight on Monday night, having escaped through a window and been collected by a waiting car.
On Monday, the High Court ordered that the boy be detained in special care, though no bed is available. It was unknown when a bed would become available, said Paul Gunning, barrister for Tusla, on Thursday.
It was “of grave concern” that Fottrell’s direction that a registered placement be provided was still not complied with, said Campbell.
“What is more troubling is an adult in this room has been two-faced in their expressions of concern and at the same time refusing to co-operate [with Tusla and gardaí] in finding the child.”
Extending the interim care order to March 30th, he said: “Those harbouring this child should be ashamed of themselves ... For blood relations to be attempting to undermine the orders of this court, it is an outrage.
“This court expresses its anger and dismay [that their actions could] jeopardise the health, welfare and indeed the life of this child. They should be ashamed of themselves and hang their heads in shame.”
