Health Service Executive -v- MM (Section 47 Order Effect on Deportation)

• Judge: Toale J.
• Judgment Date: 09 July 2010
• Neutral Citation: [2010] IEDC 3
• Case Outcome: Approved
• Date: 09 July 2010
• Court: District Court (Ireland)

[2010] IEDC 3

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

MM

RESPONDENT

CHILD CARE ACT, 1991— SECTION 47

IN THE MATTER OF CHILD 1

9 July 2010

Summary of the Proceedings to Date

• These proc eedings are brought by the applicant, t he Health Service Execut ive (HSE) under the Child Care Act 1991 (the Act ).

• The proc eedings conce rn Child 1, born in March 2007.

• The Respondent is Child 1’s mother.

• On 26 February 2010, the HSE made an application pursuant to sec tion 13 of the Act for an emergency c are order, which was

granted (the emergency c are order expiring on 5 March 2010).

• On 5 March 2010, the HSE made an application pursuant to sect ion 17(1) of the Ac t for an interim ca re order, which was granted

(the interim care order expiring on 16 April 2010).

• On 16 April 2010, the HSE made an application pursuant to sect ion 17(2) of the Ac t for an extension of t he interim care order,

which was grante d (the interim care order expiring on 13 May 2010).

• Also on 16 April 2010, the Court made an order pursuant t o sec tion 47 of the Child Care Act 1991 (the Order) that Child 1 not be

removed from the jurisdiction without 7 day s’ prior notice to t he Court.

• On 13 May 2010, the HSE made an application pursuant to sect ion 17(2) of the Ac t for an extension of the inte rim care order, which

was granted (t he interim care order expiring on 10 June 2010).

• Also on 13 May 2010 the Minister for Just ice Equality and Law Reform (the Minister) applied to bec ome a Notice Pa rty in the

proceedings, which applicat ion was granted.

• On 20 May 2010, the Minister st ated t hat he wished t o apply to have the Order revoked or varied. The applicat ion was listed for

hearing on 17 June 2010.

• Also on 20 May 2010, the c ourt appointed a guardian ad litem (GAL) for Child 1 pursuant to sect ion 26 of the Ac t.

• On 10 June 2010, the HSE made an application pursuant to sec tion 17(2) of the Act for an extension of the interim care order,

which was grante d, the interim care order expiring on 16 July 2010.

• On 17 June 2010, the Minister’s application to v ary or revoke the Order was heard.

Summary of Facts

1. The proc eedings are an on-going inquiry. As is usual in proceedings in this Court under the Act , the Court has been furnished with

copies of reports, which are as follows:

• Report of Soc ial Worker 1, 25 February 2010

• Report of Soc ial Worker 2, 2 March 2010

• Report of Soc ial Worker 3, 15 April 2010

• Report of Doctor 1, 19 April 2010

• Report of Soc ial Worker 4, 10 May 2010.

• Report of Soc ial Worker 5, undated, submitted f or hearing on 10 June 2010

• Report of the guardian ad litem, 16 June 2010

For the purposes of this decision, I rely on t he cont ents of those reports, a nd such oral evidence as has been given. T he mother has

been present at each hearing, she was unrepresented until 17 June 2010. The mother has not given any evidence. Child 1 is an

infant, and is not a party t o the proc eedings. He has the benefit of a guardian ad litem appointed on 20 May 2010. There has been no

cross examination of any HSE witness. None of the matters set out herein are final, all remain susceptible to c hallenge by any party.

2. The mother is a Country 1 c itizen, who c ame to Ireland in January 2007.

3. Child 1 was born in Ireland on 22 March 2007. He is not an Irish citizen.

4. Child 1’s parents are not married to e ach ot her. The fat her has been identified (in the report of the guardian ad litem dated 16 June