The District Court made one-year Care Orders for two anonymised children and directed the parties to begin the Resolutions Approach, a staged process aimed at assessing whether reunification with their parents could be achieved safely.
The decision, dated 18 October 2013, followed 17 hearing days between April and July. The Health Service Executive (HSE) had sought Care Orders under section 18 of the Child Care Act 1991. The court directed that the children remain in their current placements while the process is explored, ordered a review after six months and continued the Guardian ad Litem’s appointment for that review.
The case came to the HSE’s attention after Child 1, then an infant, was treated for serious injuries including bleeding on the brain, brain injury and rib fractures. The judge found that the medical evidence established the injuries were non-accidental and had been inflicted on at least two occasions while Child 1 was in the care of one or both parents. The court could not determine which parent caused the injuries. Both parents eventually accepted that the injuries were non-accidental, but neither provided information about how they occurred.
The judge found the section 18(1)(a) threshold met for Child 1. Child 2 had not been physically harmed and was receiving good care, but the court found the separate threshold under section 18(1)(c) met because the parents had caused harm to Child 1 and the children would otherwise return to the same environment. The court’s findings did not identify which parent inflicted the injuries.
The HSE argued that the injuries, lack of an explanation, breaches of the care plan and concerns about relative carers meant it could not ensure the children’s safety with their parents or carers. The parents argued that the HSE had closed its mind to alternatives and reunification. The Guardian ad Litem supported trying the Resolutions Approach, with progress through its phases subject to review. The judge said the HSE had acted properly but had not exhausted alternatives to a long-term Care Order.
The judge ordered revised Care Plans to be presented within one month. Existing access between the parents and children was to continue, though routines could change as the Resolutions Approach proceeded. The parties could return to court if directions on access were needed. The judgment did not order the children’s return to their parents; it required the reunification process to be explored under the court’s directions.