Child and Family Agency -v- R.T.

• Jurisdiction: Ireland
• Court: http://justis.com/court/2844
• Judge: Quirke J.
• Judgment Date: 14 December 2015
• Neutral Citation: [2015] IEDC 5
• Case Outcome: Approved
• Decision Date: 05 April 2012

[2015] IEDC 5

AN CHUIRT DUICHE THE DISTRICT COURT

THE CHILD AND FAMILY AGENCY

APPLICANT

-AND-

R.T.

RESPONDENT

CHILD CARE ACT, 1991- SECTION 18(1)

IN THE MATTER OF B., a Child

Background:

1. This is an applicat ion pursuant to sec tion 18 of the Child Care Act 1991 (hereinafter referred to as ‘the Ac t of 1991’) by the

Applicant Child B and the Child and Family Agency (the Agenc y) for a Care Order in respect of Child B, now aged four years and t wo

months old.

2. The Respondent mother is legally represented by a solicit or of the Legal Aid Board. A Guardian ad Litem has bee n appointed to

represent the w ishes and welfare of Child B, the subject of these procee dings. Child B is also legally represented. All parties above

were present and represente d at t he Hearing.

3. Child B was born in late September 2011 and was removed from her mother’s care a pproximately 4 days aft er her birth to a

placement where Child B continues to reside and where her two older siblings are also placed. The two older siblings are subject t o full

Care Orders having been made in relation to t hem on the 5th day of April 2012 for the duration of their minority up to t heir eighteenth

birthdays.

4. At t he outset of these proceedings it was advised t o the Court t hat all parties acce pt the Findings of Fact and law applied as set

out in the judgement of President Rosemary Horgan, dated the 5t h day of April 2012, which is att ached. T he effe ct of this judgement

was that a Care Order was made in relation to Child B, the subject child of this application for a period of t hree years from the 5th

day of April 2012. This order expired on the 5th day of April 2015 and the c hild has remained in care on Interim Care Orders up to this

date. T he other ef fect of this judgement was that Care Orders in relation to t he Child B’s two older siblings, with w hom Child B is

placed, up t o the age of eighteen.

5. The matter is now for hearing. The Agenc y are seeking a Care Order to be made for the remainder of the Child B’s minority up to

the age of 18 years old. The Respondent mother contest s this application and st ates through her legal advisers that t he threshold

criteria for a Care Order to be made at this time currently exists and she is not in a position to resume care of the child at t his time

but in light of her improved and improving circumstance s the only proportionate o rder that should be made is a Care Order for a

further one year period.

Evidence:

6. Evidence was heard over a period of six days with t he hearings beginning on the 30th September and commencing on the 8th

December 2015.

7. Evidence was adduced and given t o the Court by the fo llowing:

a. BJ, current allocat ed social worker;

b. SN, acc ess worker;

c. Dr CI;

d. Ms AO, previously allocat ed social worker who co mpleted t he Parenting capac ity ass essment;

e. DMcH, Guardian ad liem;

f. BC, Saol Project ;

g. Respondent mother.

8. A lett er from current supported housing unit, dated the 29th September 2015, and an e-mail from same unit, dat ed 1st October

2015, was admitted without t he nec essity for fo rmal proof.

9. A booklet of e xpert reports and documents were bef ore the Court and agreed t o be admitted and subjec ted t o cross e xamination

when evidence w as given.

10. Since Child B was taken into c are on the 4th day of October 2011, the Respondent mother has given birth to another c hild born in

March 2014. The mother is parenting and caring for the child full time.

Finding of Facts;

11. President Horgan’s judgement, on the 5t h April 2012, set s out t he fac ts as o f that time. This is acc epted by all parties. The

history cont ained in that judgement is agreed and not disputed.

• The Respondent mother was released f rom prison in March 2013.

• The Respondent mother is residing in supported accommodation and has been since being released from prison in

supported acc ommodation. The mother wishes to sec ure her own independent acc ommodation.