The District Court made a care order for Child 3 until she reaches 18, finding that the threshold under section 18 of the Child Care Act 1991 was met. It also directed the case to return in six months for an update on a relative fostering assessment and ordered a full court review in one year.
The Health Service Executive (HSE) sought the order because it said the child’s health, development and welfare had been avoidably impaired or neglected, and were likely to be impaired if she returned to her mother’s care. The judgment records evidence of the mother’s continuing substance misuse, homelessness, mental health difficulties and unstable circumstances. The mother, who was not in court but was represented, accepted that she could not care for the child at one point and wanted relative care. Her representative opposed an order lasting until 18 and argued for a one-year order to allow her time to address her circumstances.
The court found that the child had experienced three foster placements in 10 months, raising concerns about attachment and stability. It said the HSE care plan did not adequately address the child’s medium- or long-term placement. A relative fostering assessment was underway, and the court said the HSE should explore whether a placement within the travelling community could preserve the child’s cultural links.
The judge concluded that a shorter care order would not meet the child’s need for long-term security. The court said the HSE must review the possibility of reunification if the mother resolves her homelessness, achieves a substance-free lifestyle, establishes consistent access and engages with therapeutic and other supports.
The court directed the HSE to update the care plan to address the needs of both mother and child, including supported access and the child’s identity and cultural needs. It said access with the mother, siblings and extended family was to remain within the HSE’s discretion, subject to the statutory framework and the family’s rights.
The case was to return in six months for an update on the relative fostering assessment and any alternative placement proposal, with a fostering team leader or link worker attending to explain the long-term placement and support. The judgment also directs the case to return if the foster placement changes or specified social work support is no longer allocated, and for an after-care review on the child’s 17th birthday.
The judgment is dated 19 December 2012. Its six-month return date is stated as 18 June 2012, which predates the judgment.