Judge to outline his concerns over death of girl in ERHA care

A high Court judge is to set out today his concerns arising from the death of a disturbed young girl last August, more than three weeks after she disappeared from a residential home operated by the Eastern Regional Health Authority.

Mr Justice Kelly said yesterday that he had listed the matter of Ms Kim O'Donovan before him today. He indicated to counsel for the authority that he would outline what his concerns are about the child's death and would hold a full hearing at a later stage after the authority had had an opportunity to respond.

He made the comments after dealing with 10 cases of troubled children yesterday afternoon. In one case, the judge expressed serious concern that he had last night to retain a 14-year-old boy in his "chaotic" family home, in circumstances of a report stating that the boy was at risk of violence from his father, because neither the State nor ERHA had anywhere for the child to go.

The judge was initially told there would be no place for the boy until early December but, after he voiced serious concerns about keeping him at home for even one night, it was agreed that the case would be mentioned again before the court today, when there may be a possibility of a place in a new special care unit at Ballydowd, Lucan.

The judge, in addition to outlining his concerns about the death of Ms O'Donovan, will also today conduct a hearing about delays in the bringing into operation of the ERHA's new 24-bed special care unit for troubled children at Ballydowd.

Ms O'Donovan died of a suspected drugs overdose in Dublin on August 24th last. She had been in the care of the ERHA and was in residential care in Newtown House, Co Wicklow. She disappeared from the home in late July and the ERHA brought her disappearance to the attention of the High Court on July 31st.

At that hearing, Mr Justice Kelly heard that the girl had engaged in drug-taking and prostitution. He had received a letter from her, saying she was no longer a danger to herself and others and was staying in bed and breakfast accommodation. She said in the letter that she no longer wished to be in the residential unit.

The ERHA said it was seeking her return to the unit. Counsel for the authority said the girl was still a child and, while it was arranging for a programme of phased withdrawal from the unit, it wished this to be done in an orderly way.

Counsel for the girl's parents supported the authority's application for her return to the unit but voiced concerns about the programme for her phased removal. The judge said he could not allow court orders to be flouted where the authority and the girl's parents were concerned about her being at large. He made an order for the arrest of the girl and her return to the centre and directed that the matter be brought before the court within 24 hours of her arrest.

Ms O'Donovan was found dead in a bed and breakfast in Dublin city-centre on August 24th. Yesterday, Mr Patrick MacEntee SC, for the ERHA, said that as soon as the death occurred, the High Court was informed of the fact.

The Minister for Health and Children has directed reports to be prepared on the steps taken to trace Ms O'Donovan.

Among the other children's cases dealt with by the judge yesterday was that of a 17-year-old girl who has been detained at the Central Mental Hospital since March last in the absence of any suitable alternative. When sent to the CMH, the girl was described, although not mentally ill, as a "very serious risk" to herself and others. She had previously been detained in the acute psychiatric unit of a general hospital.

Yesterday, the judge heard that the girl has made good progress at the CMH and no longer needed to be in such a high-security premises. The ERHA is proposing to make available a staffed house as a "step-down" facility to ease her transition from a highly-structured environment to society. However, no premises has yet been acquired.

Because of the lack of a stepdown facility, Dr Helen O'Neill, of the CMH, said she was recommending that the girl remain at the CMH pending availability of the proposed facility. Mr Justice Kelly noted that she had expressed a desire to live with her sister, but said that would not be appropriate at this stage.