The District Court made care orders until age 18 for two children, aged 12 and 11, after finding that the statutory threshold was met and that neither parent could provide appropriate and consistent care at that time. Both parents consented to the orders.
The Health Service Executive (HSE) applied under section 18 of the Child Care Act 1991. The children had been brought to Ireland by their mother in June 2010, in breach of a court order made in Country 1. The judgment says the HSE became involved in December 2010 over identified risks relating to alcohol use and inadequate supervision. Emergency and interim care orders followed in February and March 2011.
The court addressed whether it had jurisdiction to make long-term orders after the children’s removal from Country 1. It said the authorities there knew of the Irish proceedings and that no request had been made for the children’s return. Having considered the children’s time in Ireland, their settled foster placement and their wishes, the judge concluded that the Irish court could make full care orders.
The social worker gave evidence that the threshold criteria under section 18(1)(a), (b) and (c) were met. The guardian ad litem (GAL), appointed to represent the children’s separate interests, supported the HSE application and said it accorded with their wishes. The judge also considered evidence that the children needed therapeutic supports and interventions.
The children wished to remain in their foster placement for the foreseeable future and maintain regular contact with both parents. The court said access would be at the HSE’s discretion under section 37, with frequency to be agreed between the HSE and parents and arrangements guided by the children’s needs and family heritage. It directed that access take place in child-centred settings, including Skype for indirect contact with their father.
Under section 47, the court directed the placement committee to complete its consideration of the fostering assessment within six months. It ordered a review by 21 November 2012 to check the placement and therapeutic interventions, with updated care plans filed. The GAL was to remain involved until that review, then be discharged subject to costs. The case must return to court in specified circumstances, including a placement change, a four-week gap without an allocated social worker or fostering link worker, and an after-care review on each child’s 16th birthday. The HSE was also directed to provide translation services for the parents and ensure the children received the interventions in their care plan.