AN 11-year-old boy who sat crying in the dock at Orange Local Court on Monday had to be taken to a juvenile correction centre on Monday night as a last resort.
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Relieving magistrate Roger Clisdell called a Department of Family Community Services caseworker to the court but they could not find anywhere for the boy to live.
The crying boy was comforted by a police officer as Mr Clisdell tried to find someone to look after the child.
“This is a tragic situation - the police could not find any adult from the family,” the boy’s Aboriginal Legal Aid solicitor Bob Lulham told the court.
The child was on strict bail while on a string of charges with the proviso he was to be closely supervised by his family in Cowra.
However, when he was spotted by police without any supervision on Sunday the boy jumped in the Lachlan River and tried to escape.
He spent the night in the cells at Orange Police Station after he was apprehended by police.
Mr Clisdell was adamant he wanted to keep the boy safe.
“No 11-year-old child should be in custody,” he said.
“He needs to be in a foster home and under appropriate care.”
Mr Clisdell directed the court registrar to call the Department of Family and Community Services (DOCS) to take responsibility for the boy.
Police prosecutor Sergeant Beau Riley said the case presented challenges for the court.
“This is very difficult as it appears he has no supervision,” Sergeant Riley said.
“Where are DOCS - they have to be responsible for him - he should be in a foster home and should not be in custody at this age,” Mr Clisdell said.
Mr Clisdell was then told by a court officer the Department of Family and Community Services could not intervene on Monday.
“I direct them to be here by 3pm or I will ring the minister [responsible],” Mr Clisdell said as he stood the case over to the afternoon.
After 3pm when the boy was returned to the courtroom, he sat in the dock once again to hear a Department of Family and Community Services caseworker say time was against them in finding alternative accommodation.
“In the limited time we have no care options,” the caseworker said.
“We will find out overnight about getting him into care.”
No family member appeared in court to support the boy, however Mr Lulham said his office had received a telephone call from the child’s mother during the day.
Turning to the boy Mr Clisdell told him going to Orana Juvenile Justice Centre as a temporary measure last night was the only option he had.
“You probably don’t understand but I am trying to do something to help you,” Mr Clisdell said to the boy who continued to cry.
