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

• Judge: Kelly J.
• Judgment Date: 18 October 2013
• Neutral Citation: [2013] IEDC 16
• Case Outcome: Approved
• Date: 18 October 2013
• Court: District Court (Ireland)

[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