Health Service Executive -v- JG & anor (Care Order - Physical Abuse)

Case OutcomeApproved
CourtDistrict Court
Docket NumberN/A
JudgeKelly J.
Judgment Date18 Oct 2013
Neutral Citation[2013] IEDC 16
[2013] IEDC 16
AN CHUIRT DUICHE THE DISTRICT COURT
HEALTH SERVICE EXECUTIVE
APPLICANT
-AND-
JG & SG
RESPONDENT
CHILD CARE ACT, 1991— SECTION 18
IN THE MATTER OF CHILD 1 AND CHILD 2
18 October 2013
This is an application by the Health Service Executive (HSE) for a Care Order under Section 18 Child Care Act 1991 (herein after
referred to as ‘the 1991 Act’) in respec t of two c hildren, Child 1 born on 16th February 2012 and Child 2 born on 3rd February 2010.
Evidence for t his application was heard at the District Court on: 9th – 12t h April 2013; 29th – 31st May 2013; 12th – 14th June 2013;
28th June 2013; 19th July 2013; 26th July 2013.
Following a large number of interim applications, and inc luding an appeal of one order to the Circuit Court, this c ase came for hearing
on the 9th April 2013, and cont inued, with a number of breaks due to time and listing constraints, until the 26th July 2013; a tot al of
17 days at hearing. The parties were t hen given the opportunity to file writt en submissions by the 9th August 2013. T he Interim Care
Order was then extended t o the 20th September and once again to the 18th Oc tober.
The following witnesses gave evidence :
(a) the Pa ediatric Cardiologist;
(b) the Consultant Paediatrician 1;
(c) t he Consultant Pa ediatrician 2;
(d) the Consultant Paediatric Neurologist;
(e) the Consultant Radiologist 1;
(f) the Consultant Radiologist 2;
(g) the Consultant Paediatrician 3;
(h) the Consultant Paediatrician 4 & Forensic Examiner;
(i) the Consultant Psychiatrist;
(j) the Consultant Psychiat rist;
(k) the HSE Principal Social worker;
(l) the Solicitor for SG;
(m) the HSE Social worker;
(n) the hospital Soc ial worker;
(o) the HSE T eam Leader;
(p) the Guardian ad Litem;
(q) the F orensic Clinical Psychologist;
(r) the HSE Social worker 2;
(s) the mother; and
(t) t he Consultant Clinical Psyc hologist.
The Background
1. This c ase c ame to the at tention of the HSE on 30th Marc h 2012, when a referral was rece ived from the hospital Social worker at
hospital 2, advising that Child 1 was undergoing treatment for frac tured ribs, a possible fract ure to t he skull, and a bleed on the brain.
No medical explanation was found, a nd medical professionals were c oncerned that Child 1’s injuries were c onsistent w ith a non-
acc idental injury (N.A.I.). Subsequent medical investigations revealed what w as desc ribed as a “const ellation” of injuries as follows:
bilateral subdural haemorrhage; possible parietal skull fracture; hypoxic brain injury with encephalopathy and seizures; and bilateral rib

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