A 17-year-old heroin addict who has been in the care of the State since he was three years old, has received his 21st criminal conviction.
The youth, who was convicted in Mullingar District Court on Tuesday on two counts of theft, was voluntarily placed in care as a toddler and has just finished an 11 month sentence at St Patrick’s Institution, Dublin.
There was no representative of the HSE present, and the organisation has refused to comment on the case, the details of which have been widely condemned as a damning indictment of the service provided to children in care.
The boy does not know the name of his social worker who is based in Dublin, but is familiar with the language of the courts, suggesting to the judge that “if you put the case back for a really short period, I’ll comply with any bail conditions”.
He has convictions for offences ranging from possession of a forged prescription to possession of a firearm with intent to commit a crime, to handling stolen goods.
The boy who has “consistently flouted his bail conditions” was not granted bail on Tuesday’s theft charges.
Sentencing was adjourned as there is a three year suspended sentence in place from Mullingar Circuit Court. The boy was remanded in custody to St Patrick’s Institution. He will appear before the Circuit Court again in May where the judge will decide whether that sentence should now be activated.
The boy, who cannot be named for legal reasons, has only recently turned 17 and is currently on a methadone programme. He receives methadone “take outs” from a clinic in Dublin.
Judge Conal Gibbons said he was puzzled that there was no social worker and no representative of the HSE in court on the boy’s behalf, despite the fact that they are “legally obliged” to care for him.
The HSE acts in loco parentis for children in its care and foster parents do not have legal status before the court.
The judge also said the HSE is reputed to take the view that criminal cases are merely criminal justice issues and said “Everything leads into the other. It’s not purely criminal justice.”
“It puzzles me that they don’t see it as their function. They should be on the ball, proactive.”
He commended the boy’s foster father who was present and “doing his best”.
Also in Westmeath this week, Garda sergeants and inspectors once again called for 24-hour access to social workers, pointing out that the Gardaí are not equipped to deal with the level of need presented in children who are vulnerable.
AGSI treasurer Sgt Willie Gleeson who spoke on the subject at the conference, says that Gardaí have no access to social workers and “vulnerable young people are not getting help”.
He says Gardaí are often left "carrying the can and holding the baby", and believes a comprehensive social work service is necessary to offer short-term care to at-risk young people and to support their families in the longer term.
He believes the HSE has not followed through on commitments made to young people and Gardaí through the social work service.
Foster parents in the Midlands say the HSE offers inadequate support of teenage children and that when a child becomes seventeen, the social workers are merely “counting down the months” until the child is 18 and no longer in their care.
They say there is no multi-disciplinary team to assess the needs of vulnerable children when they come into care, and that lengthy deferrals for interventions mean that some children never get the care they need.
One foster parent spoke of having to privately source and pay for counselling because “psychology” provided by the HSE was inadequate and unhelpful.
They describe the annual care review as “a paper exercise”, and say there is no adequate progress assessment of children in their care.
