A High Court judge said yesterday he hoped he would never again have to face such an "appalling dilemma" as he had when trying to find a secure and appropriate place for an extremely disturbed girl.
Mr Justice Kelly said he was "very relieved" the 17-year-old had been located by gardai at the weekend, after escaping from health board care more than a week earlier.
He said the girl was returned to a therapeutic unit at 1 p.m. yesterday and he directed she remain there pending further review by the court.
The girl had escaped on October 13th while attending a hospital. Her escape prompted serious concerns as she is regarded as vulnerable to detrimental influences and seriously at risk.
The judge found himself at the centre of a political storm after he indicated early last week that three Government Ministers - all with responsibilities in the area of childcare - and a health board would be in contempt of court if an appropriate place was not found for the girl immediately on her being located by gardai.
He made that order after being told that a number of possible secure places for the girl were neither suitable nor available.
He would not consider sending the girl to Mountjoy Prison because she had no convictions and her thinking was so strange she regarded going there as an achievement.
The judge refused to vary the order so it would be against "Ireland" and not the Ministers. He said such an order would be unenforceable and would not protect the health and welfare of the girl. The State indicated it would appeal his refusal to the Supreme Court. The health board said it accepted the order.
The issue was defused last Friday after the health board said it was nominating the therapeutic unit, where the girl had been placed prior to her escape, as a safe and secure place of detention. The judge was told the unit had been modified physically, and also heard of steps being taken to recruit sufficient staff for the unit.
After hearing that evidence, and other evidence in camera, Mr Justice Kelly said he was satisfied the unit was appropriate for the girl and discharged his original order in place of a fresh order directing the gardai to search for, arrest and return the girl to the therapeutic unit.
Yesterday, the judge initially heard evidence in camera after all parties agreed such evidence should not be given in public as it might cause distress to the girl.
When the matter resumed in public, Mr Justice Kelly said he had heard the girl had been arrested by gardai at 5.10 a.m. on Sunday and detained at Kells Garda station, from where she was returned to the therapeutic unit at 1 p.m. yesterday.
The judge said he hoped he would never again be faced with the kind of difficulty he was faced with last week and that things would improve for the girl, who was into the last year of her minority.
He awarded costs to the girls' legal team against the State and health board and paid tribute to all those who had assisted in the case.
On the application of Ms Teresa Blake, for the health board, the judge also directed that, should the girl abscond again, the gardai should search for and arrest her. He hoped that situation would not occur.
Mr John O'Donnell, for the State, said it was grateful the health board had nominated the therapeutic unit for the girl and found staff for it.
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