The District Court has ordered fortnightly visits between a child in foster care and an incarcerated parent, with indirect contact by telephone on alternate weeks and additional visits for birthdays, holidays and other special events.
In a judgment dated 23 October 2013, the court found that the process used by the Health Service Executive (HSE) to reduce visits from weekly to fortnightly had lacked proper procedure. It said decision-making meeting minutes had not been kept, the child’s views and feelings had not been canvassed in an age-appropriate way in advance, and therapeutic intervention had not been assessed before the reduction.
The court nevertheless decided that fortnightly visits should continue, taking account of the child’s views and interests conveyed through a Guardian ad Litem (GAL). The GAL said the child loved the parent and wanted to see them every day, but considered fortnightly visits appropriate at that time because increasing contact could further confuse the child. The GAL supported telephone calls, cards and additional access on special occasions.
The child had been in HSE care under a care order granted on 4 May 2007 and was placed with HSE-approved foster carers. Visits in prison had initially taken place twice a week, then were reduced by agreement to weekly in 2009. The HSE reduced them to once a fortnight in July 2013 after the foster mother raised concerns about the child’s presentation after visits and questions about the parent’s imprisonment and the other parental identity. The HSE said the change formed part of a strategy to address those concerns and protect the child’s security in the foster placement.
The parent told the court that about 50 scheduled visits had been missed over 20 months, with some cut short and no make-up visits. The HSE team leader accepted that a significant number had been cancelled. The parent also described being promised telephone contact in writing, but said it was not later facilitated.
The court directed that the HSE make telephone contact available on alternate weeks and facilitate cards sent through the social work department, unless their content was considered contrary to the child’s best interests. It ordered additional access at Christmas, Easter, both the parent’s and child’s birthdays, and special events such as graduations. Those visits are to be in addition to regular visits.
The HSE social work department must engage with the probation and welfare service to identify appropriate services for the parent and provide details of the service and its start date. The parent may apply under section 47 of the Child Care Act if a suitable service is not identified within a reasonable period. The court also said access must not be reduced further without a prior court application, and required the precise access times, dates and conditions to be set out in a formal order under section 37.
The parent’s separate section 47 application for an independent child psychologist was adjourned generally, with liberty to re-enter. The court said that assessment was not merited in the child’s interests at that time. The GAL is to remain appointed until the access order is drawn and agreed and the child receives an age-appropriate explanation of the decision; the judgment provides for the GAL’s later discharge.