District Court grants Care Order under Child Care Act 1991 s.18 for child with no guardian.

[2012] IEDC 13

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

MK (DECEASED)

RESPONDENT

CHILD CARE ACT, 1991— SECTION 18

IN THE MATTER OF A CHILD

13 September 2012

1. This is an application for a Care Order under section 18 of the Child Care Act, 1991 in respect of a Child who is residing with his

maternal aunt since he was approximately four years of age.

2. The Child’s mother, the Respondent, died on 14 May 2012 and prior to her demise she had a history of poly-substance abuse and

psychosis consequent on drug use. She placed the Child in the care of her sister and her family in a private care arrangement. The

Child has one older sibling, who is fifteen years old and who has resided with his grandparents for most of his life at a different venue.

The siblings have a good relationship not withstanding the age differential.

3. The Child’s father is unknown and enquiries regarding his paternity are on-going.

4. The HSE sought an Interim Care Order in respect of the Child on 16 June 2012 after the death of his mother in order to secure his

status in care and because he has no legal guardian. The HSE wish to discharge their obligations to him under the Child Care Act,

1991.

5. The HSE have approved the kinship placement of the Child with his aunt and her family. The Child’s aunt is now an approved foster

carer having been assessed as suitable in that regard pursuant to section 36 of the Child Care Act, 1991.

6. The Child’s interests were represented in these proceedings by his Guardian Ad Litem. The GAL has specifically canvassed his

wishes and views which he has his clearly expressed. His clear wish is to remain in the long term care of his aunt. The GAL supports

the application of the HSE for a full care order in respect of the Child until he is 18 years old.

7. The allocated HSE Social Worker, gave evidence to the Court regarding the history and background of the case. The Care Plan of

the HSE in respect of the Child was filed in Court.

8. The GAL expressed satisfaction with the Care Plan for the Child but remained concerned that the HSE would pursue all enquiries

regarding the Child’s paternity and that life story work would continue with him and that he would continue to receive special help at

school.

Section 18 Threshold Criteria

9. Having read the GAL Report, the Care Plan filed, and the evidence of the Allocated Social Worker and the GAL, I am satisfied that

the threshold criteria of the Child Care Act 1991 are met under section 18(1)(c) and I am satisfied on the evidence adduced that the

Child’s health, development, and welfare would suffer if a Care Order was not granted in respect of him. The Child does not have a

parent or guardian in this jurisdiction; accordingly, the Care Order should be made until the Child is 18 years on 7 November 2019.

The GAL has requested the Court to make Directions and the HSE accede to this request on Consent. The GAL may now be

discharged and her costs to be taxed in default of agreement.

Section 47 Directions

10. The Court makes the following Directions pursuant to section 47:

1. That the Case is Re-Entered before the Court and the GAL is re-appointed four weeks before the date of re-

entry in the event that

(a) The case becomes unallocated to a Social Worker/Fostering Link worker for a period of 4 weeks;

(b) A planned or unplanned change of the current kinship foster placement;

(c) After Care Review (on 17th birthday [date given], to assess After Care service needs)

2. I also direct that the case be re-entered before the Court on 11 March 2013 to allow for the completion of the

Care Plan having regard to the current incompleteness of investigations regarding the Child’s paternity. The Court is

assured that same are likely to have been completed at that time. The GAL to be reappointed on 28 January 2013

for the purpose of the re-entry and provided with access to all HSE files in that regard.