The Eastern Regional Health Authority will tell the High Court today whether it plans to challenge the court's jurisdiction to hold an inquiry into the circumstances surrounding the death of a 15-year-old girl of a suspected drug overdose in a Dublin city bed and breakfast more than three weeks after she escaped from care. The child's parents support the court's proposal.
Mr Patrick MacEntee SC, for the ERHA, will indicate to Mr Justice Kelly this morning whether his clients intend to challenge the judge's jurisdiction to hold an inquiry into how Ms Kim O'Donovan escaped from the South-Western Area Health Board's residential unit at Newtown House, Co Wicklow, and what efforts were made to search for and arrest her, pursuant to a warrant issued by order of the judge on July 31st.
The child was found dead in a premises on Talbot Street, Dublin, on August 24th.
Mr Cormac Corrigan SC, for the parents of the dead teenager, supported Mr Justice Kelly's proposed inquiry and Mr John O'Donnell, for the Minister for Health and Children, said he was not raising any jurisdictional point.
The judge said he had hoped the inquiry could proceed by agreement. His concern was to ensure that when he made orders committing children to the care of the ERHA, those orders were followed in a realistic way. He wanted to know the precise parameters of what security was afforded to children in care and information regarding how court warrants were to be executed.
If there is no jurisdictional challenge, the inquiry is listed to proceed on December 5th. The judge has directed that affidavits in the matter be filed by November 28th and ordered that the Ministers for Health and Children, and Education and Science, and the Garda Commissioner, be involved in the proceedings.
Mr Corrigan indicated that the girl's parents would like an inquiry into allegations made by their daughter concerning her treatment at Newtown House. Those allegations were set out by Kim in a letter to the judge, dated July 29th last, which he received on July 31st. Whether there will be an inquiry into those allegations will be decided on November 28th, if there is no jurisdictional challenge.
Mr Justice Kelly noted that the child's case had been before the court since October 1998, when a secure facility was sought for her because her behaviour was out of control. There was no such facility available. She was placed in Newtown House and in May last appeared to be doing well.
The case was listed for further review on July 31st, when Mr Justice Kelly was told she had escaped from Newtown House. He informed the court of having received a letter from her in which she made clear she had escaped, was staying in a bed and breakfast paid for by an unnamed journalist and, in her view, was free of the problems that were manifest in her behaviour.
On the application of the ERHA, supported by the child's parents, the judge said he issued a warrant directing the Garda to search for, arrest and return Kim to Newtown House. About a month later, Kim was found dead in tragic circumstances.
The judge said he wanted to know the precise circumstances under which the child was held at Newtown House and the regime which enabled her to effect her escape. He also wanted detailed information as to what happened in relation to the execution of the warrant issued by the court on July 31st.
Mr Corrigan said that the O'Donovans wanted an investigation into who the journalist was who allegedly paid for Kim to stay in a bed and breakfast.
