State has no secure care for teenage girl at risk of being shot by drug gang exploiting her, court told

High Court heard girl, 16, was currently in non-secure private residential care, where drug dealers called to collect her, as there was no special care bed currently available in the country 

Judge heard on one occasion, when teenage girl was being driven in a car on a motorway, another car with five men in it had driven up alongside the vehicle, shouting threats at her.

The State has no secure special care space for a teenage girl threatened with being shot if she does not co-operate with a drug gang that had set out to exploit her, a High Court judge was told on Tuesday.

Mr Justice Oisín Quinn said he was concerned while there were 26 special care beds in the country, only 15 were currently staffed and none was available for the 16-year-old girl whose life had been threatened.

Barrister Paul Gunning told Judge Quinn while the girl required “civil detention” for her own health and safety in a secure special care unit, the Child and Family Agency would be powerless to abide by any court detention order because of the lack of staffed beds.

“There are only 15 staffed beds in two special care units in Dublin and one in Limerick, yet there is no bed available for this child,” Mr Gunning said.

Judge Quinn heard the teenager, who cannot be identified by court order, was currently in the care of a non-secure private residential agency, where the manager had no authority to restrain her from leaving, should she wish, with adult drug dealers seeking to exploit her and who called to collect her in cars.

Mr Gunning, who appeared for the Child and Family Agency, said gardaí were unable to investigate, detain and prosecute the male adult exploiters involved, as they required voluntary statements from her and she was living in constant fear of being killed.

Judge Quinn said he was deeply concerned to learn of the threat of shooting that had been made to the girl, who was in danger of being exploited and possibly used for drug-dealing.

The judge heard there was a risk of the girl absconding from where she currently resides and there had been previous attempts by her to abscond. On one occasion, when she was being driven in a car on a motorway, another car with five men in it had driven up alongside the vehicle, shouting threats at her.

“Even if the special care detention order is made, the Child and Family Agency will not be able to comply with it,” Judge Quinn said.

He said he intended to make an order empowering gardaí, in the event of her absconding and being in the company of inappropriate people, to search for, detain and return her to the place where she is currently residing. The court could only hope a staffed bed in one of the three secure units would quickly be made available for her.

Mairead McKenna SC, for the child’s guardian ad litem, and barrister Maeve Cox, for the girl’s mother, told the court their clients would welcome an additional order whereby the gardaí could return her in the event of absconding.

“Until a bed can be found for her, she remains at risk and anything that will support her safety is absolutely welcome and helpful,” Ms McKenna said.

Mr Gunning said a detention order would remain in place for three months and, thereafter, could be renewed on a three-monthly basis for a maximum of nine months. There would be four-weekly reviews by the court.