Health Service Executive -v- AB & ors (Care Order)

• Jurisdiction: Ireland
• Court: http://justis.com/court/2844
• Judge: Ní Chúlacháin J.
• Judgment Date: 18 December 2013
• Neutral Citation: [2013] IEDC 21
• Case Outcome: Approved
• Decision Date: 22 August 2011

[2013] IEDC 21

AN CHUIRT DUICHE THE DISTRICT COURT

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND -

AB (FORMERLY C),

DE & FB

RESPONDENTS

SECTION 18 OF THE CHILD CARE ACT 1991

IN THE MATTER OF CHILD 1 AND CHILD 2

18TH DECEMBER 2013

Background

1. These are applications by t he Health Service Exec utive (“HSE”) under sect ion 18 of the Child Care Ac t 1991 for Care Orders in

respect of tw o children, Child 1 and Child 2. The applications were heard over 10 days between the 4th a nd the 18th November, 2013

and the 2nd to 5th December, 2013, with the dec ision reserved to 18th Dec ember, 2013.

2. Child 1 was born on 30th November, 2010 and had his/her third birthday during the c ourse of t he hearing. He/she was place d in

voluntary care on 2nd August , 2011 following a section 12 removal. An Emergency Care Order was made under section 13(1) on 30th

September, 2011 and an Interim Care Order was made on 7th October, 2011 which has been extended on 25 oc casions since that

date.

3. Child 2 is 14 months old. He/she was t aken into c are on the day he/she was born, on f oot of an Emergency Care Order on 25th

September, 2012 and an Interim Care Order was made on 2nd October, 2012, which has been extended on 14 occ asions.

4. AB (nee C), the respondent mother of both c hildren the subject of these proceedings has been properly served wit h notice of

these proc eedings and she has been represente d throughout by solicitor and c ounsel. She contest ed the applicat ions.

5. The f ather of Child 1, DE, has had no c ontac t with Child 1 since t he end of October, 2011. His whereabouts are now unknown and

he has not bee n served or represented in these proceedings although he was put on not ice of the sec tion 18 application in

September, 2011. I am satisfied t hat he c onsented to the placing of Child 1 in voluntary care on 22nd August 2011. I am also

satisfied that he was served with and was aware of t he making of the Emergency Care Order herein and the Interim Care Order of the

7th Oct ober and of t he application for an exte nsion on the 1st November, 2011. He left Ireland in or around the end of Oc tober 2011

and the soc ial worker for Child 1 had one telephone conversation wit h him in November, 2011 and there has been no further cont act

with him despite efforts t o serve him, personally and by registered letter, at his mother’s address in Eastern Europe. I am also

satisfied that it is in the best interest s of Child 1 to proc eed with the hearing notwithstanding the a bsence of his father.

6. The mother married FB, the f ather of Child 2, on 20th May 2012, prior to the birth of Child 2. He has been properly served with

notice of these proceedings and has been represente d throughout by solicitor and c ounsel. He contested the applicat ion.

7. Both children were represented in these proceedings by t he same Guardian Ad Litem (“GAL”) who was represented by his solicitor

and counsel throughout t he hearing. The GAL indicated t o the Court his support for Care Orders in respect of the both c hildren and

recommended such Orders be for t he full duration. The GAL provided a booklet comprising 23 reports prepared by him to the Court.

8. I am satisfied that this District Court Area has jurisdiction to hear this applicat ion and I am a Judge for the t ime being assigned to

this District Court Area. On a number of hearing days, t he c ourt physically sat in a courthouse in an adjoining District Court Area (t o

which I am also assigned) with the c onsent of the part ies.

Evidence

9. The HSE c alled the following witnesses in support of their application:-

a) Manager of t he Acc ess Centre;

b) A, Ac cess Worker;

c) B, Ac cess Worker;

d) A forensic psy chologist, who provided 2 reports a) an undated parenting c apacity report relating to t he mother

and b) a risk assessment report dated 22/2/2013 relating to t he fat her of Child 2;

e) FB’s psychologist, who provided a report dated 1/9/2013 relating to t he father of Child 2;

f) AB’s psychologist, w ho provided an undated report relating to t he mother;

g) A consulta nt psyc hiatrist, who gave evidence relating to a report dat ed 12/9/2012 from a locum consultant

psychiatrist relating t o the mother;

h) A nephew of FB;

i) A social worker for FB’s two older c hildren;