A leading psychiatrist has conducted an urgent assessment on a disturbed child considered a very high risk of harm to herself and others, the High Court has heard.

The child, who is being detained under a special-care order, has expressed a wish to murder and rape, but could be released into the community in a matter of weeks when she reaches the age of 18.

The child will then be considered an adult and can no longer be held in Tusla’s care.

The child and family agency has been struggling to find an adult care centre for her to move into at that point.

The matter is one of huge concern for those involved in the child’s care.

On Thursday, Tusla’s counsel Barry O’Donnell SC told the court that Professor Harry Kennedy, from the national forensic service at the Central Mental Hospital, had conducted a detailed forensic assessment on the child.

The assessment, which was described as “extensive”, took place on Wednesday and focused on the child’s capacity.

“Professor Kennedy told us he will try to have his report with us as soon as he can,” said Mr O’Donnell.

If the child is found to lack capacity, there would be potential for an application to make her a ward of court.

However, a previous assessment by English psychiatrist Dr Peter Misch found the child had capacity to function and make decisions independently.

Mr O’Donnell said efforts to find the child a placement were “presenting very significant difficulties”.

He said his client had statutory and other obligations to do everything it could to try to obtain an appropriate placement for the child when she reached the age of majority, and an aftercare plan that could accommodate her needs.

Mr O’Donnell said the views expressed by Prof Kennedy when he delivered his report would have “a significant influence on how that is to be approached and what the options are”.

Mr O’Donnell said: “When she reaches her majority, in the absence of any other legal mechanism, she will be as free as any other adult citizen to go about her business.”

Counsel said there was enormous concern among the parties involved that “adequate and appropriate arrangements are made” for when she reaches 18 and that included ascertaining whether or not she has full capacity.

“The court will appreciate if she lacks capacity that may open up other legal avenues,” he said.

Gerry Durcan SC, representing the child’s guardian ad litem, told the court he had expressed “real concern” about the passage of time.

“If there is to be applications, frankly those applications, I suspect, will be on the wardship side of all of this. They need to be made quickly so there is time enough that they can be decided,” he said.

“But time is running out. That is what the real difficulty here is to judge.”

John Fitzgerald SC, who is representing the child, said her legal team was anxious and had instructions to do anything it could to speed the matter up.

“Certainly, the greater clarity there is around those options the easier our task will be in taking instructions and informing the court as to what the child’s wishes are,” he said.

Mr Fitzgerald said that while he welcomed the fact Prof Kennedy had moved swiftly to conduct the assessment, there was still concern there was no timeline as to when his report will be available.

The matter was adjourned by Mr Justice John Jordan for a further update next week.

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