Judgment: 2010-11-07 · Court archive

District Court makes care orders until two children turn 18

The court found the statutory threshold met, ordered long-term care for two children and directed reviews, including a review of reunification prospects in 2014.

An Chúirt Dúiche / The District Court · [2010] IEDC 6

Who, what, where, when and why

Who
  • Health Service Executive (Applicant)
  • Guardian ad Litem
  • Allocated Social Worker
What

The court found the statutory threshold met, ordered long-term care for two children and directed reviews, including a review of reunification prospects in 2014.

Where

No place detail is included in this summary.

When

Judgment:

Other dates in the report
  • 6 February 2013; 10 December 2014

    Under section 47, the court directed a review on 6 February 2013 concerning the long-term foster placement and updated care plans, and a further review on 10 December 2014 to assess the parents’ consistency and reunification prospects. It also ordered specified re-entry and Guardian ad Litem arrangements in certain circumstances, and directed the HSE to provide therapeutic services to the parents and children.

Why

Reasons reported in the judgment

The District Court made care orders until two children reach 18 after finding that their health, development and welfare had suffered avoidable impairment during periods of care by their mother. The orders include a full review in two years and directions to assess whether family reunification may become possible.

The District Court made care orders until two children reach 18 after finding that their health, development and welfare had suffered avoidable impairment during periods of care by their mother. The orders include a full review in two years and directions to assess whether family reunification may become possible.

In a judgment dated 7 November 2010, the court refused the father’s request to adjourn the hearing. It said further delay would prejudice the children’s welfare and found he had sufficient time after notification to seek legal representation. He was in custody and appeared under a production order without a lawyer. The mother was represented and opposed the application.

The Health Service Executive sought the orders under section 18(1) of the Child Care Act 1991. It argued that returning the children to their mother would expose them to likely impairment or neglect, citing periods of addiction, homelessness and chaotic circumstances. It also raised the father’s periods of imprisonment and domestic violence concerns. Those were the HSE’s grounds, not findings that the court made against the father.

The court heard evidence from an allocated social worker, a Focus Ireland worker, both parents and the children’s Guardian ad Litem. The social worker described periods of good parenting as well as episodes of homelessness, missed school, neglect and disrupted care. She said the mother had engaged more consistently in the preceding six months, but had not completed a psychological parenting assessment. The Guardian recommended that the children remain in care despite their stated wish to return to their mother.

The judge found that the section 18(1) threshold was met. The judgment said the children’s welfare had suffered avoidable impairment in 2003, 2004 and 2010, leading to voluntary care because of the mother’s incapacity during those periods. The court also found the HSE had made reasonable efforts to avoid the need for care, including social work, housing advocacy and other support.

The court concluded that a shorter order would not provide the long-term stability and security required. It ordered care until each child reaches 18, while directing the HSE to review reunification prospects if the mother secures housing, remains substance-free, engages consistently with supports and maintains access. Access is at the HSE’s discretion under section 37, with a risk assessment to be undertaken to facilitate access with the father.

Under section 47, the court directed a review on 6 February 2013 concerning the long-term foster placement and updated care plans, and a further review on 10 December 2014 to assess the parents’ consistency and reunification prospects. It also ordered specified re-entry and Guardian ad Litem arrangements in certain circumstances, and directed the HSE to provide therapeutic services to the parents and children.

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