Health Service Executive -v- MK (Deceased) (Care Order on Consent - - Relative Foster Placement)

Case OutcomeApproved
CourtDistrict Court
Docket NumberN/A
JudgeHorgan P.
Judgment Date13 Sep 2012
Neutral Citation[2012] IEDC 13
[2012] IEDC 13
AN CHUIRT DUICHE THE DISTRICT COURT
HEALTH SERVICE EXECUTIVE
APPLICANT
-AND-
MK (DECEASED)
RESPONDENT
CHILD CARE ACT, 1991— SECTION 18
IN THE MATTER OF A CHILD
13 September 2012
1. This is an applicat ion for a Care Order under section 18 of t he Child Care Act, 1991 in respect of a Child who is residing with his
maternal aunt since he was approximately four years of age.
2. The Child’s mother, the Respondent, died on 14 May 2012 and prior to her demise she had a history of poly- substanc e abuse and
psychosis c onsequent on drug use. She placed the Child in the c are of her sister and her family in a private c are arrangement. The
Child has one older sibling, who is fiftee n years old and who has resided with his grandparents f or most of his life at a diff erent venue.
The siblings have a good relationship not withst anding the age diffe rential.
3. The Child’s father is unknown and enquiries regarding his paternity are on- going.
4. The HSE sought a n Interim Care Order in respect of the Child on 16 June 2012 after the de ath of his mother in order to sec ure his
status in care and bec ause he has no legal guardian. The HSE wish to discharge t heir obligations to him under the Child Care Act,
1991.
5. The HSE have approved t he kinship placement of the Child with his aunt and her f amily. The Child’s aunt is now an approved foster
carer having been assess ed as suitable in that regard pursuant to sec tion 36 of the Child Care Act, 1991.
6. The Child’s interests we re represented in these proc eedings by his Guardian Ad Litem. The GAL has specifically c anvassed his
wishes and views whic h he has his clearly expressed. His clear wish is t o remain in the long term care of his aunt. The GAL supports
the applicat ion of the HSE for a f ull care order in respect of the Child until he is 18 years old.
7. The alloca ted HSE Social Worker, gave evidenc e to t he Court regarding the history and bac kground of the c ase. T he Care Plan of
the HSE in respect of the Child was filed in Court.
8. The GAL expressed satisfac tion with the Care Plan for t he Child but remained conc erned that t he HSE would pursue all enquiries
regarding the Child’s paternity and t hat life st ory work would continue with him and that he would cont inue to receive s pecial help at
school.
Section 18 Threshold Criteria
9. Having read the GAL Report, the Care Plan filed, and the evidence of the Allocat ed Social Worker and the GAL, I am satisfied that
the threshold c riteria of the Child Care Act 1991 are met under section 18(1)(c) and I am satisfied on the evidenc e adduced t hat the
Child’s health, deve lopment, and we lfare would suffer if a Care Order was not granted in respect of him. The Child does not have a
parent or guardian in this jurisdiction; ac cordingly, the Care Order should be made until the Child is 18 years on 7 November 2019.
The GAL has requested t he Court t o make Directions and t he HSE acc ede to t his request on Consent . The GAL may now be
discharged and her cost s to be taxed in default of agreement.
Section 47 Directions
10. The Court makes the following Directions pursuant to s ect ion 47:
1. That the Case is Re-Entered before t he Court and the GAL is re-appointed four weeks before the date of re-
entry in the ev ent that
(a) The c ase becomes unallocated t o a Soc ial Worker/Foste ring Link worker for a period of 4 weeks;
(b) A planned or unplanned change of t he current kinship foster placement;
(c) Af ter Care Review (on 17th birthday [dat e given], to assess Aft er Care service needs)
2. I also direct t hat t he c ase be re-e ntered before t he Court on 11 March 2013 to a llow for the c ompletion of t he
Care Plan having regard to the c urrent incompleteness of investigat ions regarding the Child’s paternity. T he Court is
assured that same are likely to have been completed at that time. The GAL to be reappointed on 28 January 2013
for the purpose of the re-ent ry and provided with ac cess to all HSE files in that regard.

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