CFA secures court order to place at-risk teen in secure special care unit

ireland
Cfa Secures Court Order To Place At-Risk Teen In Secure Special Care Unit
Previously the court heard that teen's family life has been chaotic from a young age
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Aodhan O'Faolain

High Court proceedings brought on behalf of an at-risk teenage girl have been resolved after the Child and Family Agency CFA provided her with a place at a secure special care unit.

The action was launched after the teen's court-appointed guardian expressed fears that the girl's health, welfare and life were at risk from self-harm unless she was urgently put into special care.

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In an application made to the court on Thursday the CFA secured orders allowing it to place the girl at a special care facility where it is hoped she will get the supports and therapies she requires.

The temporary order allowing the CFA, represented in court by Cormac Hynes Bl and Hason Hayes & Curran solicitors, place the teenager, who cannot be identified for legal reasons, at the unit was granted by Mr Justice Brian O'Moore.

Mr Hynes said that it was accepted that the girl urgently required to be placed in special care, and that a place had become available for her.

Earlier this week lawyers representing the girl's interests launched High Court judicial review proceedings aimed at compelling the CFA to provide her with a place in special care.

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When that action returned before the court on Friday, Mr Justice Richard Humphreys was told by Brian Barrington Bl, instructed by solicitor Sarah Molloy, for the teen that the proceedings had been resolved and on consent that action could be struck out, with an order that the CFA pay the teen's legal costs.

The judge welcomed the resolution of the action.

Chaotic family life

Previously the court heard that teen's family life has been chaotic from a young age, and that she had been both neglected and exposed to domestic violence.

The girl, the court also heard, has a history of substance abuse, as well as being threatening and violent to staff at facilities she had been placed at.

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She has absconded from some of her placements, which had not worked out and had come to the attention of the gardaí.

There were also fears that she may have been assaulted and exploited by other older persons.

She has also required medical treatment at a hospital following incidents of self-harm.

Serious concerns

Her court appointed guardian had expressed serious concerns about the teen's welfare if she was not put into special care, where she can get the help, she urgently needs.

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The girl's case will be mentioned before the High Court later this month.

In her judicial review action, her lawyers had argued that the CFA's National Special Care Referrals Committee, which considers application for special care found the girl is in need of special care.

It was alleged the CFA, which is the provider of child protection services in Ireland, had withheld making a formal decision in respect of the teen until a placement becomes available.

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It was claimed the CFA was not entitled to defer making any formal determination regarding the girl.

The failure to make an application to the High Court for a special care order was unlawful and contrary to its obligations under the 1991 Child Care Act, it was claimed.

The teenager had sought various declarations from the court including that the CFA has failed to determine whether she needs special care, and to act on such determination.

She also seeks orders requiring the CFA to make a determination whether she needs to be placed into special care, and to act on that determination.

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