District Court grants Care Order under Child Care Act 1991 s.18 for child's best interests.

[2012] IEDC 16

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

MF & RC

RESPONDENTS

CHILD CARE ACT, 1991— SECTION 18

IN THE MATTER OF CHILD 1

3 October 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 3 October 2012 and this decision was delivered on the same date.

2. A booklet of documents, prepared by the applicant, was received. In addition, the following documents were furnished to the

court:

(i) Undated report of the Family Support Worker; and

(ii) Court Report GAL, dated 27 September 2012.

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

4. Both Mother and Father consented to the application.

5. Evidence was heard from the social worker, access worker, and GAL.

6. In addition to dealing with the case today, I have dealt with it on a considerable number of occasions in the past and have some

knowledge of how the matter has progressed since the initial admission to care.

7. I am grateful for the outline of the case submitted by the applicant and the proposed findings of fact therein (TAB 22). It is

appropriate that the court make findings of fact in these proceedings, where a care order is being made.

8. I make the following findings of fact:

• At this time, neither mother nor father can offer the child the stability and consistency of parenting that he

requires.

• If the child were to be returned to the care of either or both parents, his health, development, and welfare is

likely to be avoidably neglected or impaired.

• In respect of the mother, the evidence points to the following specific concerns:

1. The neglect of the child’s needs whilst in her care in the past;

2. Her drug and alcohol use;

3. Her inconsistent engagement and disengagement with relevant agencies in the past; and

4. Her inability to maintain contact and attend access visits with the child and follow through on

recommendations of professionals in relation to the child’s care.

• In respect of father, the evidence points to the following specific concerns:

1. The father’s inability to assess risky situations regarding the child and take appropriate decisions to

act in the child’s best interest;

2. His inability to deal with the child's day to day care and meet all of the child’s needs

3. His historic drug use; and

4. His inability to provide full time care for the child due to his own health difficulties.

9. Therefore, on the balance of probabilities, I find that the child’s welfare has been neglected by each of the Respondents; that his

health, development, and welfare has been avoidably impaired or neglected; that he requires care and protection which he is unlikely

to receive unless the order is made; and that in all the circumstances, the Court should make a Care Order pursuant to section 18 of

the Child Care Act 1991.

10. I note the evidence of the GAL, who supports the application, and the recommendations that have been made in the GAL report

to the court which have to all intents and purposes have been taken on board by the HSE. I note that the GAL is satisfied with the

contents of the care plan which has been prepared.

11. I acknowledge that both parents have accepted their limitations. It is a brave step to come into court to consent to an order of

this nature and also to face up to the limitations that are there. Both parents, through their representatives have expressed their

desire to maintain contact and to be an integral part of the child’s life into the future. With the appropriate supports and the

appropriate engagement, I have no doubt that both can make a great contribution to the child in the future.

12. The issue of access has been raised and the steps that need to be taken by mother with regard to recommencing access have

been discussed and mother has indicated an acknowledgement of what needs to be done. Father’s access has been discussed in

considerable detail and the Court acknowledges that there is and has been a very good relationship between the father and the child

which is to be encouraged into the future. With regard to the issue raised about access to members of his extended family and in

particular to his brother, the Court recommends that all steps be taken by everyone involved to encourage that access to

recommence and continue into the future.

13. I am satisfied that it is in the child’s best interests to make a care order to the age of 18 and that the making of such a care

order is proportionate there being no other order available which will meet the child’s needs.

14. I, therefore, make a care order in respect of the child until his 18th birthday [date given].

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

16. A care order review is scheduled for 7 May 2014, and I note that the principal purpose of that review will be with regard to the

child’s progress in education and any needs that may be identified with regard to that, and I emphasise that such review will be a

review of the working of the care order and not a reconsideration of the care order; the GAL is to be reappointed four weeks in

advance of review.

17. In the event that there is no allocated social worker for a period of six weeks; in the event that there is no allocated fostering link

social worker for a period of 6 weeks; in the event the child-care reviews are not held on time in accordance with the regulations; or

in the event of a placement breakdown or 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.

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

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

20. The section 37 application listed for today is struck out.