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, sets out criteria which must be met for the High Court to make a Special Care order. In addition, Section 23F of the Act requires that Tusla, the Child and Family Agency, shall not apply for a special care order in respect of a child unless it is satisfied that the child has attained the age of 11 years and it has made a determination, in accordance with that section, that the child requires special care.
I am informed by Tusla that the case referred to by the Deputy was most recently considered by the Tusla Special Care Committee on the 23rd August 2022, and that the Committee concluded that the young person in question does not meet the criteria for admission to special care at this time.