Child and Family Agency -v- S & T

CourtDistrict Court (Ireland)
JudgeToale J.
Judgment Date26 January 2018
Neutral Citation[2018] IEDC 6
Case OutcomeApproved
Date02 October 2009
[2018] IEDC 06
Dublin Metropolitan District Court
In the matter of H and J, children
In the matter of the Child Care Act 1991
Child and Family Agency,
S and T
EB, guardian ad litem
[Note: This ve rsion of the original decision delivered is prepared for the purpose of publication. Any c hanges from to the
original are intended only to be as t o form and not as to substanc e, and are for t he purpose of reducing t he possibility of
identification of t he children.]
1. This is an applicat ion by the Child and Family Agency under sect ion 18 of the Child Care Ac t 1991 [“the 1991 Ac t”] for c are orders
for a period of 18 months in respect o f H born 2 October 2009, and J born 18 August 2013.
2. Sect ion 18 Child Care Act 1991, in so far as relevant, provides as follows;
“18.—(1) Where, on the applicat ion of the Child and Family Agency with respec t to a c hild, the Court is satisfied t hat—
(a)the c hild has been or is being assaulted, ill-treated, neglec ted or sexually abused, or
(b)the c hild’s health, development or w elfare has bee n or is being avoidably impaired or neglec ted, or
(c)t he child’s health, development or welfar e is likely to be avoidably impaired or neglec ted, and that t he child
requires c are or protec tion which he is unlikely to re ceive unless t he Court makes an order under this sec tion, the
Court may make an order (in this Act referr ed to as a “c are order ”) in respec t of the c hild.
(2) A care order shall com mit the child to t he ca re of t he Child and Family Agency for so long as he r emains a c hild or
for suc h shorter period as t he Court may det ermine and….
(3) Where a c are order is in forc e, the Child and Family Agency shall—
(a) have t he like control ove r the child as if it we re his parent ; and
(b) do what is reasonable (subject to the provisions of t his Act) in all the circ umstanc es of t he case for the
purpose of saf eguarding or promot ing the c hild’s health, development or w elfare;
And shall have, in particular, t he authority to—
(i) decide the type of car e to be provided for the c hild under sect ion 36;
(ii) give consent t o any necessary medical or psychiatr ic examination, tr eatment or assessment w ith respec t to
the c hild; and
(iii) give consent t o the issue o f a passpor t t o the c hild, or to the provision of pas sport f acilities for him, to enable
him to tr avel abroad f or a limited period.
(4) ….
(5) Where, on an application fo r a c are order, the Court is sat isfied that—
(a) it is not necess ary or appropriate t hat a care order be made, and
(b) it is desirable t hat the child be visited periodically in his home by or on behalf of the Child and Family Agency,
the Court may make a supervision order under sect ion 19.
(6) Between t he making of an application for a c are order and its det ermination, the Court, of its own m otion or on t he
application of any pe rson, may give such direc tions as it sees fit as t o the c are and custody of, or may make a
supervision order in respec t of, the child who is the subjec t of the applicat ion pending such determinat ion, and any such
direction or supervision order shall c ease t o have eff ect on the determination of the applicat ion.
3. Sect ion 24 of the 1991 Act applies t o this c ase, as does article 42A of the Const itution, in particular with regard to the best

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