A JUDGE has issued a witness summons to bring a senior HSE official to court over the welfare of a 12 year old who has been repeatedly arrested and has tested positive for cocaine and cannabis use.
Amid emotional scenes yesterday at the Children’s Court, the small boy screamed and groaned when he thought he was going to be sent into emergency hostel accommodation under a care order.
Judge Clare Leonard said she noted that the HSE had been ordered by the court last week to convene a family welfare conference. However, she was disappointed the HSE was not present for yesterday’s proceedings, which went on for several hours.
She issued a witness summons for a senior HSE official involved in special care to attend the case next week. She said she was doing so because “the situation is so urgent and it is of such importance that we deal with it properly. We need to have the ultimate person responsible before the court”.
The boy was charged with causing criminal damage to a chair by burning it with a cigarette in the Ilac shopping centre, in Dublin, last week.
On Friday last he was remanded in custody to Oberstown Boys’ Centre, a detention unit for older juveniles.
Judge Leonard heard it was hoped that by yesterday a place would be available in a more appropriate centre in Finglas, for behaviour, psychological and educational assessments to be made.
Garda Aidan Reilly of Store Street station outlined to the court four incidents in Dublin’s city centre in recent weeks, where the boy was arrested for theft of alcohol, trespassing and a Public Order Act offence, and for being intoxicated to such an extent that he was a danger to himself and others. Some happened in the early hours of the morning.
He added that “urine analysis was carried out and found traces of cocaine and cannabis”. The court was told a place was not available in the Finglas centre.
The judge said that she may order an emergency order instructing gardaí to deliver the boy into the care of the HSE.
Defence solicitor Sarah Molloy said the parents were deeply concerned for the welfare of their son and were agreeable to having him assessed in custody, with the hope that this could lead to recommendations for his welfare which could be followed up by the HSE.
She submitted that if a care order were made, the only place the boy could be sent was into “out-of-hours” hostel accommodation for homeless youths, many of whom have addiction problems.
At that point the boy leapt up from his chair and roared “No”. His father ran over and along with a court garda, restrained him.
The father spoke into the child’s ear, whispering “stop, stop sshh”. But his son screamed, with tears streaming down his face, “I won’t go anywhere you send me.” His upset father said to the judge: “That’s for junkies,” referring to hostel accommodation.
The judge said that she was “not for one minute going to put him into out-of-hours accommodation”. She said she did not want the boy to be criminalised. She granted bail but refused to impose bail conditions, saying it was the mother and father’s responsibility “to exercise control over him”.