Troubled teen refugee gets care order extended
Naas Courthouse
TUSLA, the Child and Family Agency, was granted an extension with an interim care order for a teenage refugee in their care after evidence of domestic violence at home.
Behind closed doors at Naas District Court recently, the solicitor for TUSLA told visiting Judge Catherine Hayden that even though Judge Desmond Zaidan had ordered a guardian ad litem (GAL) on 28 July “the GAL hasn’t been appointed yet”.
“That’s outrageous!” said Judge Hayden. “So now the child has no representation?”
The solicitor handed in a progress report to the judge, but she replied: “I know nothing about this case, so I don’t want to make any extension on the care order.”
Then she re-evaluated, saying: “I’m here for the next two weeks, so I will want reports the day before, because on the day is unacceptable. Where is the child now?” she asked.
The social worker replied: “In the last 24 hours, the child’s foster care has fallen through. We have received some communication from the National Guardian ad Litem office, which explained how much care is needed because of complex issues, but nothing since. He is now receiving out-of-hours fostering.
“The behaviours are about placement, and while I’m not blaming the child, he can be aggressive with younger children. He’s acting out of significant trauma from domestic violence, and talking a lot about the war in Ukraine. It is a very sensitive issue.
“We’re only looking for foster placement without younger children, because he gets on well with older children. We’ve approached all fosterers nationally, and private fostering as well. At the moment, the longest he can be held is five days, which adds to his level of trauma.
“It is very destructive for children, and we’re very mindful of that.
“On 7 August there was a good engagement with the mother, great hugs, and she was very appreciative. The father was there as well.
“The mother has a plan to manage reunification. We’re working for that, and it would be the best option for the child,” explained the social worker.
“The biggest issue is domestic violence?” asked the judge.
“Yes. The mother has made statements to gardaí, and there has been other witnesses. There was a large amount of alcohol in the house, and the atmosphere was toxic,” she added.
“You say in your report the parents have refused to engage?” asked the judge.
“Up until very recently, but mum has begun to engage,” said the social worker.
“For the interim care order to continue to exist, I will extend,” said the judge.
“We’d be seeking an Athy court date,” said barrister Sean Egan for the mother, and he was initially given a date of 8 September.
“You must tell the agency that a GAL must be appointed and has a meeting with the child before then,” said Judge Hayden.
“I don’t think you can enforce that,” warned the TUSLA solicitor. “Perhaps you could put it in a form to make sure the GAL has been engaged?” he suggested.
“I’m here in two weeks’ time,” said the judge.
“I assume the responding parents won’t have to appear on that date?” asked Mr Egan, so the judge adjourned the case until 27 August in Naas for mention to make sure the GAL has been informed.
“Can you certify for a Ukrainian interpreter for today, and the Athy date?” asked Mr Egan, and the judge granted that.
