Child and Family Agency and JO & Anor (Care Order - Proportionality)

• Judge: Daly J.
• Judgment Date: 12 August 2014
• Neutral Citation: [2014] IEDC 11
• Case Outcome: Approved
• Court: District Court (Ireland)
• Date: 12 August 2014

[2014] IEDC 11

AN CHUIRT DUICHE THE DISTRICT COURT

THE CHILD AND FAMILY AGENCY (The CFA)

APPLICANT

-AND-

JO

FIRST NAMED RESPONDENT

AND

MO

SECOND NAMED RESPONDENT

Child Care Act 1991 – Section 18 (1)

CARE ORDER

In the matter of Child 1, Child 2 and Child 3, Children

12 August 2014

1. This is an applicat ion by the Child and Family Agency (CFA) for a care order in respect of t hree children who are aged thirteen

years, four years and t hree years respec tively and will be referred to t hroughout this decision as Child 1, Child 2 and Child 3

respectively. Nothing may be reported c oncerning this c ase which w ould serve to identify any of the children who are the subjec t of

these proc eedings or the parents.

2. The respondent parents are originally from [a non European country], t hey are married but have experienced difficulties in their

relationship and live separately, however during the course of this hearing they have decided to reunite. At t he co nclusion of this

hearing they seek the ret urn of the c hildren to their joint care.

4. Each parent was separate ly represented in these proc eedings.

5. The c hildren’s wishes and interests were represented to the Court by their Court appointed Guardian ad Litem ( GAL).

BRIEF OVERVIEW

6. The respondent mother is from [a non European country] and a rrived in Ireland in 2000 whilst she w as pregnant with Child 1. The

respondent father remained in [a non European country]. T his family first bec ame known to the soc ial work department in 2005. The

respondent mother has a history of long- standing mental illness. In November 2005 the respondent mother was admitted to an ac ute

psychiatric ward and detained under the Ment al Health Act 2001 at which t ime the gardaí invoked section 12 of the Child Care Act

1991 (hereinafter the Act of 1991) and Child 1 was rec eived into the c are of (the then) Health S ervice Executive (HSE). Between

2005 and 2006 Child 1 was received into the c are of t he HSE on three oc casions.

7. In 2007 the respondent fat her moved to Ireland from [a non European country] a nd Child 1 was returned to his/her parents’ care in

2008. Child 2 was born in April 2009 and Child 3 was born in July 2010.

8. Between 2010 and 2012 the Soc ial Work Department received a number of referrals with regard to t he care of children. In May

2013 a supervision order was granted in respect of the t hree children the subject s of this application. In June 2013 the respondent

mother was again detained under sect ion 12 of the Ment al Health Act 2001. The gardaí invoked sect ion 12 of the Ac t of 1991 and the

three children were received into the c are of t he HSE on foot of an emergency c are order. An interim care order was subsequently

granted in respect of eac h of t he children in July 2013, which has been extended on oc casions since that date.

9. The respondent mother has long-standing mental health difficulties. Her consultant psychiatrist has diagnosed her as suffering from

bipolar affective disorder/schitzo-affe ctive disorder which is a chronic and relapsing mental illness c haracterised by episodes of

depression and/or elation and periods of psychosis, delusions and paranoid persecut ory beliefs (especially about her husband). The

evidence of the c ommunity mental health nurse and the senior registrar is that pat ients with s uch a mental health diagnosis need to

take medication on a regular basis and treatment is usually life-long. There is a strong likelihood of fut ure relapse if the pat ient does

not c omply with t he treatment regime. The soc ial worker has given evidence of serious c oncerns about t he impact of this diagnosis on

the respondent mother’s ability to parent.

10. The respondent mother has had a number of admissions to psychiatric hospitals and has exhibited symptoms of paranoia, auditory

and visual hallucinations, religious persecut ory beliefs and exhibited bizarre behaviours. Her bizarre behaviours have often involved the

children. During these periods of illness the respondent mother does not appear to believe that she is unwell and refuses to t ake

medicat ion and engage with mental health services. The soc ial worker has given evidence t hat in her opinion the respondent mother

does not appear t o have an understanding of the impact of her mental illness on the c hildren.

11. In 2007 Child 1 was referred to a child and adolescent mental health service due to emotional and behavioural difficulties

manifested by encopresis, enurisis and food related diff iculties. These difficulties now appea r to have resolved.

12. Child 2 and Child 3 have been diagnosed with sickle cell disease, a chronic and pote ntially life-threatening disorder of the blood

cells. The disease ca n result in sickle cell crisis which may ca use severe pain, t issue damage and can in certa in instances be f atal.

Children with t his disease require ongoing monitoring and supervision and medicat ion. I have heard the ev idence of t he medical social

worker at a c hildren's hospital that Child 2 and Child 3 regularly missed medical appointments. It is the fat her’s case t hat t he mother

kept details of a ppointments f rom him or told him she had atte nded with the c hildren when in fact she had not.

13. I have heard evidence that at various times the respondent mother has made allegations of domestic v iolence by the respondent

father. In January 2013 she obtained a barring order against the respondent father. From January 2013 until the children's reception in