District Court grants Care Order under Child Care Act 1991 s.18(1)(c) for child's welfare protection.

[2012] IEDC 8

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

NC & RM

RESPONDENTS

CHILD CARE ACT, 1991— SECTION 18(1)(C)

IN THE MATTER OF A CHILD

27 March 2012

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

2. Each of the Child’s parents is separately represented (with the support of their respective advocates) within these proceedings.

3. The HSE are represented by a solicitor.

4. The Child was appointed a Guardian Ad Litem (“GAL”) on 11 April 2011 to represent her separate interest in the proceedings. The

GAL is represented by solicitor and counsel.

5. The Child came into the voluntary care of the HSE on the 28 February 2011 and, when her parents withdrew that consent, the HSE

applied for an Interim Care Order.

6. The following Orders have been made in respect of the Child:

• Interim Care Orders under section 17 of the Child Care Act 1991 (25 March 2011); and

• Extensions of the Interim Care Order under section 17(2), granted some ten occasions until the hearing dates

fixed for 5 days commencing 26 March and adjourned to today on Consent.

7. The HSE brought this application for a Care Order on the basis that the Child’s health, development, and welfare is likely to be

avoidably impaired or neglected and she requires care and protection which she is unlikely to receive unless the Care Order is made in

respect of her.

8. The Court was informed that the matter would proceed on consent when the matter was listed for Mention on 22 March and

further that the matter would proceed on 27 March rather than the 26 March.

9. The Social Worker gave evidence as per her report furnished on the 23 March 2012 being the final report to Court and affirmed that

the contents of same were true and that her professional opinion was that the threshold criteria were met and continue to be met

pursuant to section 18(1)(c).

10. Evidence was also provided establishing that the current foster carers are approved foster carers and that it is anticipated that

the fostering matching assessment will be completed shortly.

11. Evidence was also given that at this time noting that no therapeutic interventions are required to be provided for the Child as she

is meeting all her milestones.

12. The GAL, expressed satisfaction with the Care Plan for the child but remained concerned that reviews would take place and her

concerns, as expressed through her counsel, will be addressed by the Court in section 47 Directions.

Section 18 Threshold

13. Having read the reports and booklets furnished and the GAL’s report and the evidence of both the Social Worker and the GAL, I

am satisfied that the threshold criteria are met under section 18(1)(c) and that having considered the evidence, I am satisfied that:

14. The HSE have made reasonable efforts to prevent or eliminate the need for the Child to come into the care of the HSE and

remedial services, targeted towards family reunification (if possible), were offered to the parents including:

• On 30 December 2011, providing post birth mother and baby unit at the hospital to facilitate support to develop

‘good enough parenting’ and to facilitate an independent parenting capacity assessment to be completed to identify

parental support needs;

• Providing a six week baby massage course with a Family Support Worker, which each of the parents accepted and

attended from 19 April 2011–26 May 2011;

• Providing regular access for the parents and on-going social work support;

• Providing supported access at their Family Centre; the Family Support Worker also provided both parents with

individual parenting sessions with the purpose of supporting their understanding of children’s development alongside

the Child’s development;

• Offering further access to counselling;

• Providing a referral to National Advocacy Service;

• Providing a referral to Irish Association of Young People in Care for the mother;

• Securing a psychological parenting assessment in respect of both parents; and

• Securing a psychological risk assessment with Forensic Psychological Services for the father.

15. Both parents love their daughter, but neither has sufficient parenting capacity or ability to provide appropriate care to the Child or

meet her individual needs from infancy through adolescence to adulthood. Accordingly, the Care Order should be made until the Child

is 18 years [date given].

16. Both parents have, through their legal representatives, consented to the making of a full Care Order with considerable regret and

with each accepting that they cannot provide adequate care for the Child. They wish to state that they have put her welfare and

interests to the forefront in arriving at this decision. Each of the parents consents to the making of the Care Order. Each states that

they wish to be involved in her life as she grows up.

Section 37 Access

17. According to section 37, access shall be as follows

a) Access shall be at the discretion of the HSE and within the parameters of section 37. Frequency of access is to

be within the parameters agreed between the parents and GAL and HSE. In respect of the mother, access shall be

once per month for 2.5 hours supported by the HSE in the Family Centre. In respect of the father, access shall be

once every two weeks for 2.5 hours supported by the HSE in the Family Centre or some other suitable venue

mutually agreed by all the parties.

b) Access must meet the needs of the child and parents.

c) The Court recommends that the access take place in child centred venues and locations to allow the Child and

her parent(s) maintain a good quality parent/child relationship notwithstanding the making of the care order.

Section 47 Directions

18. According to section 47, the Court makes the following directions:

1. That the Placement Committee considers the outcome of the fostering assessment process to be completed at

the earliest opportunity and in any event within three months of this date.

2. That the Court reviews the case within 3 months from the date of this Order unless the Long Term Foster

placement has been resolved and the updated Care Plan filed in Court as approved by the GAL. The GAL is to be re-

appointed for the purpose of re-entry if the matter needs to be re-entered before the Court in this context.

3. That the Case is Re-Entered before the Court and a Guardian re-appointed 6 weeks before the date of re-entry

in the event that:

(a) The Long Term Foster Placement remains unresolved after 3 months or in the event that the GAL

has not approved the updated Care Plan by that date;

(b) The case becomes unallocated to a Social Worker/ Fostering Link worker for a period of 6 weeks;

(c) A planned or unplanned change of foster placement with the current foster placement. In the event

of a planned change of foster placement or in the event that the breakdown of the foster placement

becomes likely, the HSE shall re-enter the matter before the Court forthwith; and

(d) After Care Review on the Child’s 17th birthday [date given] to assess After Care Services is to be

made available for her.

4. That the HSE provides all appropriate therapeutic interventions and services for the Child, tailored to meet her

specific needs as identified by the Child in Care Reviews.

5. That the HSE provides all appropriate tailored therapeutic supports and services to the parents to facilitate

access in the light of their individual identified needs (from the parenting capacity and risk assessment already

undertaken) for the benefit of the Child as identified in her Care Plan under the headings identity, family, and social

relationships.

6. That a Re-Entry Date for After Care Review is to be set in place and that the GAL is reappointed 6 weeks in

advance of the date of Re-entry and provided with access to all HSE files in that regard.

7. That the GAL is discharged with reasonable costs to be discharged by the HSE, with costs to be taxed in default

of agreement.