District Court grants care order for child due to mother's learning disability and inability to provide safe care.

[2012] IEDC 15

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

TC & BD

RESPONDENTS

CHILD CARE ACT, 1991— SECTION 18

IN THE MATTER OF CHILD 1

26 September 2012

1. This is an application under section 18 of the Child Care Act 1991 for a Care Order in respect of Child 1. The application was heard

on 6 September 2012 and 24 September 2012. This decision was delivered on 26 September 2012.

2. A booklet of documents, prepared by the applicant, was received. Evidence was heard from social worker 1, the psychologist, the

access worker, social worker 2, the mother (who is the first named respondent) and the guardian ad litem (“GAL”).

3. I have excluded the letters and reports at times 11, 12, 13, and 14 of the booklet of documents lodged.

4. Mother contested the application. Father consented to the application.

5. All parties and the GAL attended and were legally represented at the hearing.

6. I make the following findings of fact:

• Mother has been assessed by the psychologist as having a mild to moderate learning disability and a global

memory deficit, which has a significant impact on her capacity to provide an adequate and safe level of parenting.

• Mother was unable to meet Child 1’s basic needs after birth, and without the support of the social work

department, Child 1 would have been at a higher risk of neglect in the weeks following his birth.

• Child 1 requires a high level of care in respect of his feeding/weight gain/medical follow-up which mother is not in

a position to provide.

• Mother shows little insight of the potential impact of her aggressive and violent behaviour on Child 1, her other

children, or other family members.

• Mother has limited understanding of the appropriate level of supervision and safety awareness required when

looking after a young baby.

• Mother’s ability to provide basic care and supervision of Child 1 during access has not improved significantly

despite a high level of support from family support workers, public health nurses, access workers, social workers,

and other professionals.

• The extensive involvement of the social work department with the mother’s family for a number of years has

illustrated mother’s lack of progress in respect of her parenting capacity despite a wide range of support available

to her.

• This pattern indicates that mother is unlikely to be able to provide a safe and stable environment for Child 1 in

future.

7. I am satisfied that while mother may have the motivation to care for Child 1, she lacks the capacity to do so. I am satisfied that

appropriate supports have been offered, and that there are no reasonable supports which have not been offered which would have

any realistic chance of improving mother's capacity to the extent that she could care for Child 1.

8. I have had the benefit of the evidence of the GAL, who supports the application.

9. I am satisfied that in all the circumstances of the case that the making of care order is a proportionate response.

10. I have no doubt mother can have a very important place in Child 1’s life, with the support identified the psychologist and the

support of her daughter.

11. I am satisfied that the best interests and welfare of Child 1 are best served by the making of a care order to the age of 18, and

that he requires care and protection that he is otherwise unlikely to receive unless the care order is made.

12. I therefore make a care order in respect of Child 1 until his 18th birthday on [date given].

13. After care review on [date given] or the next business day.

14. In the event that there is no allocated social worker, in the event that there is no fostering link social worker, in the event the

child-care reviews are not held on time as set out in the regulations, or in the event of a placement to change, the case is to be re-

entered in Court by the applicant and the GAL (or an alternative GAL if this GAL is no longer in practice) to be appointed.

15. Access is to be in accordance with section 37 of the Child Care Act 1991.

16. The GAL is discharged with an order for costs.