Teen treated for STD after exploitation by abuser

The latest Child Law Project report shows a continuing difficulty with finding suitable care placements for children in care, with added difficulties in securing social workers and support services.

The report covers 70 cases during the first half of 2024 – including 67 from the District Court, and one each from the Supreme Court, the Circuit Court and the High Court.

Judges 'in despair'

One High Court judge described the lack of special-care beds as “a tsunami about to reach shore and nothing is being done”, while other judges said they were “in despair” at the chronic situation.

Chief executive Dr Maria Corbett said: “The lack of suitable care placements is having a domino effect that risks collapsing the care system. The knock-on effects of a lack of appropriate placements are compounding existing difficulties for children and staff, and so we fear the system has begun to unravel.

“The knock-on effects of a dearth of placements include the CFA delaying applications to take children into care and continuing to use unregulated or unsuitable emergency placements.

“Many children are experiencing multiple placement moves, often over a short period of time, despite stability being a known key ingredient for a successful outcome to care. Urgent action across government is needed to halt this spiral of poor practice and to build trust in the care system.

“Of particular concern in this volume are a number of cases where there was concern that the child was being sexually or criminally exploited and the level of support in their current care placement was not sufficient to stabilise them and address these risks.”

Arrived unaccompanied

One case covered an interim care order (ICO) which allowed a teenager, who had arrived unaccompanied in Ireland, to return to her home country to see her dying mother.

The court granted permission to the CFA to allow the minor to travel with two social workers and her foster mother.

The CFA solicitor said that the teenager had only come to its attention following the invocation of section 12 of the Child Care Act 1991 by the gardaí following sexual abuse allegations.

The child was on an antibiotic for a sexually transmitted disease.

The social worker said that disclosures had been made to a guardian ad litem (GAL) about exploitation and abuse by a man who had brought the teen to Ireland, and how she had been engaged in sex acts with him and other men and brought to night clubs in her home country

Cutting wrists

In addition to the health concerns about her mother, the teenager had suicidal ideation and had spoken about cutting her wrists and jumping off a bridge or balcony if her mother died.

The social worker told the court of the intended travel plans.

The GAL gave evidence that the man who had brought the teenager to Ireland was in custody for assaulting her foster carer and he was also being investigated for sexual abuse and exploitation allegations.

The social worker confirmed that she had been in touch with police and international social-work services.

The court pointed out that it had no jurisdiction if the teenager decided to stay and not return to Ireland.

The court granted the extension of the ICO and noted that the teenager had been in care since the autumn.

There was no legal guardian in Ireland, but the court approved the ex parte application to allow the teenager to travel.

Subsequent hearing

When this case returned to court, the CFA sought a care order for the teenager until she reached 18.

The social worker was asked to outline what supports were in place regarding the sexual and physical abuse.

It was agreed that a referral would take place in early 2024.

It was believed that the teen was trafficked to Ireland and had been subjected to both domestic violence and sexual abuse.

The social worker said that the main domestic violence and trafficking services in Ireland would not accept a referral for someone under 18.

The teenager had no idea that she needed to brush her teeth. The social worker said that she was now attending the dentist regularly.

The teen did not want to attend mainstream school but was engaging with Youthreach and had started one-to-one English classes.

No legal guardian

The social worker said that there were few relations with an interest in caring for the girl in her home country, and she had no legal guardian.

The guardian ad litem said that the teenager now needed stability and care.

The GAL was agreeable to the case coming back for review in two months’ time.

The GAL said that the key for the teenager would be that she made good choices, adding that she was still a draw to poor relationships, with a fear of prostitution.

The GAL said that a care order was in her best interests. The GAL felt some in-house Tusla therapy teams might be able to help with supports and a psychologist could provide support.