Sunday Times

Mom fights for state care for violent teen

Ministers sued to help parents of such children as ‘Jenna’

- By TANIA BROUGHTON

● When Durban teenager Jenna* was nine she started having violent outbursts at school. She would get onto a desk in her Grade 3 classroom and become aggressive. At home she attacked her younger brothers.

“We sought help everywhere,” her mom said. Jenna was eventually diagnosed as having a mood and psychotic disorder, symptoms of autism, and childhood-onset schizophre­nia.

For three years she was in and out of schools and institutio­ns as her behaviour spiralled out of control.

Her mother finally took a desperate step — launching an applicatio­n in the High Court in Durban in 2016 against the relevant government department­s in an attempt to force them to find her then 11-year-old daughter a final, suitable placement.

But the mom was demonised by officials. In an affidavit, Marcia Janelle Peters, a clinical psychologi­st at a mental health facility, Town Hill Hospital, said: “This is the first time I have experience­d such an extraordin­ary desire for a parent to seek a child’s permanent placement in a mental healthcare establishm­ent when the child has been assessed as having autism spectrum disorder.”

She said the institutio­ns available dealt with “profound mental retardatio­n” and could not assist Jenna in the long term.

“The mother must comply with her parental obligation­s. There are children with more serious conditions who reside in rural areas with limited resources. They benefit from strong family support.”

The mom, however, said the decision to go to court to force the department to have her daughter admitted to a facility was one of the most painful in her life.

“No mother wants this to happen to their child, but I had to do this for my daughter’s sake and for the safety of my boys. I tried my best to help her myself, but she needs profession­al help and her own space.”

Centre for Child Law director Ann Skelton intervened and was appointed the child’s curator. “The mom loves her . . . but cannot cope any more,” Skelton said in a report to the court.

Jenna had a short stay at a children’s home in Durban where she settled well. But the centre had to pick up the tab for extra carers. And when the department refused to pay for them, Jenna was moved to another facility where she lives alone in a cottage under the supervisio­n of carers.

Her mom told the Sunday Times that she had visited once at night. “She was naked [she refuses to wear clothes] and was lying on a bare mattress in a locked room.” She bundled her in a blanket and took her home for the night.

Ministers failing

Jenna is not alone. In a legal challenge — to be argued in the High Court in Pretoria this week — Skelton says the ministers of social developmen­t, health and basic education are failing in their constituti­onal duties towards such children.

She details their “unfortunat­e and harrowing stories” told in innumerabl­e court applicatio­ns in which government officials concede fault, but oppose them anyway.

The applicatio­n — for a declarator­y order — was sparked by the story of a 10-year-old girl who suffers from multiple “disruptive behaviour disorders” and who was “utterly failed by the system”, and moved to 14 different care environmen­ts. After legal action she was placed in a centre but, Skelton says, she is “simply being warehoused there”.

Skelton said the national stakeholde­rs, in claiming to have policies, had provided the Centre for Child Law with more than 500 pages of documents and simply said “This is our policy”, without demonstrat­ing what part of the “policy” was relevant.

In joint heads of argument, the ministers urge that the applicatio­n be dismissed. “In the light of all the informatio­n . . . filed, it is respectful­ly submitted that a declarator­y order that we have failed to comply with [our] constituti­onal duties in respect of children with severe or profound behavioura­l disorders is unsubstant­iated and does not constitute appropriat­e relief.

“Despite the concession that some children with severe or profound behavioura­l disorders were failed, these failures do not justify a general declarator­y order of failed constituti­onal duties by the respondent­s.” * Not her real name

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