Judge commends mother’s bravery as Tusla secures full care order for siblings

By Darragh McCann, The Wicklow People

A full care order has been granted for two young children after Bray District Court heard evidence of significant neglect that has led to complex behavioural issues, with the presiding judge praising the mother for her bravery in attending the hearing.

Representatives for Child and Family Agency (Tusla) appeared before an in-camera family law sitting of Bray District Court seeking a full care order, which would allow the agency to assume parental responsibility and make decisions regarding the child’s care, including medical decisions, without requiring parental consent.

Counsel for the mother told the court that her client is not currently in a position to take the children into her own care, but will request access once she achieves a period of sobriety, which was described as “further down the line”.

Judge Fiona Brennan stated that it is a brave step for any mother to take.

A specialist who works with children with attachment issues, and is also “trained in various therapeutic methods”, testified that she has been working with the oldest child for a substantial period of time. She explained that the youth has multiple behavioural issues.

“The child’s traits are due to neglect and seeing violence from an early age,” said the specialist.

It is alleged that the youth is in reactive mode at all times. The mother left the hearing after a short period, with her solicitor remarking that she did not expect her to attend, let alone remain for the full session.

However, solicitor for the guardian ad litem, David Stafford, noted that the youth now wants to move into residential care, but has had two previous placements cancelled due to his behaviour.

“Once their nervous system is regulated, they will be ready for therapy,” said the specialist.

The court also heard from multiple social workers, who testified in chronological order about the boy’s circumstances since entering care.

In 2023, the children were placed with another family member, after it was found that the mother was struggling, with faeces and a damaged mattress found in her home.

A social worker recalled a day visit and remarked that the mother’s behaviour towards the children was not “maternal”, stating that she swore frequently, and did not engage with the children.

On another occasion, a social worker called to the house and found the mother intoxicated. She had left the youngest child with an unknown male. The child was found with a dirty nappy and had not eaten breakfast.

When confronted, the mother admitted that it was not the first time she had left the children with a stranger.

“She failed to see the seriousness of the issue,” said the social worker.

In 2024, gardaí had to intervene in a fight between the mother and her then-boyfriend. This led to the youngest child being removed from her care.

A third social worker, who dealt with the case last year, recalled that monthly contact had been going well until the mother travelled abroad and had a “slip”, going on a multiple-day drinking binge.

In another incident the mother was allowed to bring the youngest child on holiday to mainland Europe.

While abroad, a foreign police service had to intervene after the mother was observed intoxicated with the child in “40-degree heat”. The child was placed into the care of the hotel after the mother was found unconscious in the hallway.

The court was told that the mother had attempted traditional rehabilitation, but has yet to address her alcohol problems.

The oldest child has been placed in multiple Special Emergency Arrangement (SEA) placements and is currently out of a school routine.

An SEA facility is a form of short-term emergency accommodation used by Tusla when no standard foster or residential care placement is immediately available.

The court heard that the mother is engaged to be married and that access between her and the children was taking place regularly, with some visits described as “positive”.

Counsel for the agency said a new report had been prepared due to changes observed in recent months. The report outlines plans involving a specialist class placement, as well as future transition and care planning.

The youngest child is currently living in foster care with a family who have children of their own.

However, the guardian ad litem told the court that when he first met the the child they could not make eye contact, but during a visit in November he was struck by how well the child presented. The court heard the youth, who has additional needs, is now thriving, playing and receiving a high level of care in the placement.

The court heard that since November there had been difficulties relating to school systems and forming trusting relationships, although staff continue to work with the youngest child.

Tusla indicated that long-term matching is being pursued and that the child may re-enter foster care if a suitable placement is identified within the next six months.

Counsel for the agency told the court that the case would conclude for now, but asked that the matter be reviewed again in four weeks. The court heard that the mother should return with a roadmap outlining future plans and access arrangements.

Judge Brennan noted that the legal threshold had been met and that the order could be made with the consent of the mother.

She also commended the mother for attending court, noting that she had previously indicated she might not remain. The judge said it had shown bravery to attend before confirming that the order would be made.