The District Court made care orders until age 18 for two children after finding the statutory threshold met, citing evidence of unintentional neglect and risks to their welfare. It also ordered a review in three years and gave directions on placements, contact and support for the parents.
The Health Service Executive (HSE) had sought full care orders under section 18 of the Child Care Act 1991. The mother consented to a care order to give her space to address her poly-substance addiction, while denying intentional neglect. The father opposed a full care order and proposed a year-long supervision order with HSE support, including childcare and a family support worker. He denied neglect and alcohol addiction, though he accepted that alcohol had caused problems in his life.
The court found the section 18(1)(a), (b) and (c) thresholds met for Child 1, and the section 18(1)(c) threshold met for Child 2. It accepted evidence from social workers and a Garda about their personal observations where it conflicted with the parents’ accounts, while discounting concerns unsupported by direct evidence, including head lice and general presentation at crèche. The judgment described the neglect as unintentional.
The court relied on psychological assessments that identified the mother’s addiction and memory difficulties and the father’s limited parenting capacity. The psychologist’s evidence was that returning the children to their parents at that time would expose them to significant risk of emotional disturbance and intermittent neglect. The court also noted that both children had bonds with their parents and that supported access was beneficial in its current form and frequency.
The court directed that the children remain in their existing foster placements until a suitable joint sibling placement is found, with a phased transition. The HSE was given discretion over access by the parents, siblings and extended family, subject to respect for family relationships and private and family life. It must review the care plans annually and provide the parents with social work assistance and referrals to support services aimed at family reunification.
The case is to return for review on 4 May 2015. Further re-entry is required in specified circumstances, including if a joint placement is not achieved within six months or there is a change in that placement. The court said the parents may apply to vary or discharge the orders if their circumstances change sufficiently.