Clare judge told garda invoked special powers to remove 'vulnerable' teen from her home

A GARDA has told a court sitting in Clare that a teenager appeared to be in fear before he made the decision to invoke special garda powers to remove the teenager to safety from her family home.

In evidence at Emergency Care Order (ICO) proceedings at the Family Law court in Ennis, the garda told the court that he invoked Garda powers under Section 12 of the Childcare Act after the teenager told him “that she was not safe in the house”.

The garda said that he was making a welfare check at the address in Limerick after the girl had, earlier that day, made contact with TUSLA.

In the case, Judge Mary Larkin has granted an Emergency Care Order to TUSLA concerning the girl after hearing evidence from the Garda witness and a social worker from TUSLA, the Child and Family Agency (CFA)

The TUSLA social worker told the court that the girl had presented earlier that day as being “very upset and very distraught - things at home had deteriorated and she felt that she couldn’t remain there”.

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The social worker told Judge Larkin that there was a lot of worry for her safety “due to parental and sibling substance misuse and a lot of concerns about her overall care and mental health”.

The social worker described the girl “as a very vulnerable teenager”. 

She said that earlier this year, TUSLA received a number of referrals concerning the girl from her school.

The TUSLA worker stated that while at the address, Gardai had made contact with her by phone to tell her that “the girl’s father had made a direct threat against me”.

The worker stated that the father was not consenting to the ICO but that the mother was consenting. Neither parent were in court.

The social worker stated that TUSLA is very worried about the threat that the father would pose if he knew where his daughter now is.

She said that the father “is not happy that his daughter is in our care and has stated that will do whatever it takes”.

She said that “he wants to know where she is and have her back”

The social worker told Judge Larkin that she was satisfied that there is an immediate and serious risk to child’s welfare that necessitates the making of the ICO.

In further evidence, the garda told the court that when he called to the door of the home at 7.05pm for the welfare check, the father came to the door and was extremely aggressive and irate.

The Garda told the court that when given the opportunity to speak to the teen daughter boy by herself, “she appeared to be in fear and she stated that she was not safe in the house when I spoke with her”.

The Garda said that the teen told him “I would like to leave this house”.

The garda said that the girl’s father and a brother burst in the door of the kitchen and the garda tried to calm down the “extremely aggressive father”.

The garda said that he called for back-up and two other garda units arrived at the home and the girl was taken from the home after she had packed a bag of belongings.

The garda said that later that night, he brought to the girl to her emergency foster placement.

Judge Larkin adjourned the case to a family law court sitting in Limerick.