DUBLIN, Ireland: A minor suspected by gardaí of dealing drugs at the direction of an older individual is not being held in a secure care unit, despite a judge's order requiring the placement, the High Court has heard.

The court heard evidence on December 18 from a senior garda at the hearing of two actions brought against Tusla, the Child and Family Agency, after failure to comply with court orders to place vulnerable minors in special care.

In the action, the children, through their mothers, are seeking a declaration that Tusla has committed contempt of court.

Distraught and vulnerable children aged 11 to 17 can be detained in a secure care unit, known as special care, on foot of a High Court order granted to Tusla.

In recent weeks, Justice John Jordan issued two such orders for children.

However, the orders were not complied with, and no beds were made available for the two children at any of the State's three secure care units.

Opening one of the cases, Joe Jeffers SC told Justice Emily Egan that the minor and their family are being threatened because of the minor's drug dealing and an apparent drug debt owed by the child. As a result of that debt, the family home was attacked with a petrol bomb, he said.

Jeffers told the court that the child's relationship with their family has broken down and that the minor is currently placed in a special emergency arrangement (SEA). Appearing with barrister Brendan Hennessy, he said the minor's behaviour has deteriorated since the special care order was made, and that the child has been charged with several criminal offences.

A senior garda familiar with the case told the court he believes the minor is "under the control" of an older male and is dealing drugs—particularly crack cocaine—on that person's instructions. He said this appeared to be an "obvious" example of an offence under the Criminal Justice Act 2024, which criminalises the coercion of a minor into engaging in criminal activity. The garda said he has begun an investigation into the alleged offending.

However, he added that as long as the minor remains in the community, it is difficult to progress the investigation to arrest or detention, for fear of harming the child's well-being or safety. In recent weeks, since the special care order was made, the minor has been observed dealing drugs, he said.

The garda told the court that the child had been arrested on several occasions and had appeared before the courts charged with drug distribution offences. He added that he believes the minor is breaching strict bail conditions linked to those charges.

Under cross-examination by Seán Guerin SC, appearing for Tusla, the garda agreed that the minor was convicted of drug offences earlier this year. Asked by Guerin whether remanding the minor in custody for breaches of bail and probation conditions might provide some "respite," the garda said one would hope that detention in special care would have that effect.

The child's mother briefly gave evidence, stating that she felt her child's behaviour had escalated in the last month.

The case was adjourned to January, when it is expected that Tusla chief executive Kate Duggan will be among the witnesses called by the agency.