Special care is where a child, in the absence of criminal charges, is detained on foot of an Order of the High Court, so that the child, deemed to be at immediate risk of harm to his or her life, safety or well-being, can receive the appropriate therapeutic support.
The decision to detain a child is not one that is taken lightly. The Child Care Act 1991, as amended, provides the statutory framework governing Special Care. Part IVA of the Act sets out the process for a child's entry into Special Care. This includes a determination by the Child and Family Agency that a child requires special care (23F), the notice of application for special care order or interim special care order (23G) to relevant parties, and criteria which must be met for the High Court to make a Special Care order (23H).
Tusla has advised that the Agency has put in place the requisite statutory steps to enable it to make an application for Special Care pursuant to the legislation.