M -v- F & anor; R -v- F & anor; Health Service Executive -v- F & anor (Removal from Placement)

• Judge: Toale J.
• Judgment Date: 18 September 2012
• Neutral Citation: [2012] IEDC 14
• Case Outcome: Approved
• Court: District Court (Ireland)

[2012] IEDC 14

AN CHUIRT DUICHE THE DISTRICT COURT

M

APPLICANT

-AND-

F & C

RESPONDENTS

CHILD CARE ACT 1991, SECTION 43A

IN THE MATTER OF CHILD 1

R

APPLICANT

-AND-

F & C

RESPONDENTS

CHILD CARE ACT 1991, SECTION 43A

IN THE MATTER OF CHILD 2

HEALTH SERVICE EXECUTIVE

APPLICANT

-AND-

F & C

RESPONDENTS

CHILD CARE ACT 1991, SECTION 17

IN THE MATTER OF CHILD 1 AND CHILD 2

18 September 2012

1. These proceedings conc ern Child 1, who has recent ly turned 14, and Child 2, who will shortly turn 13.

2. A few days aft er being born, Child 1 was placed in the fos ter c are of M, and has remained in M’s care sinc e that date.

3. A few days aft er being born, Child 2 was placed in the fos ter c are of R, and has remained in R’s care sinc e that date.

4. On 4 July 2012, each of the fos ter c arers issued applications under sect ion 43A of the Child Care Ac t 1991 (the Ac t), in respect of

the c hild/young person in their care. Each applicat ion was ac companied by a copy of c onsent of the HSE to the making of an order

under section 43A. Hereaft er, I refer to t hese applicat ions collect ively as “the sect ion 43A application”.

5. The se ction 43A applicat ion was initially returnable to 11 July 2012 in this Court; it was adjourned to 31 July 2012 and, on 31 July

2012, was adjourned to 5 Septe mber 2012.

6. Although not a part y to t he section 43A application, t he HSE has been legally represented on eac h occ asion the sect ion 43A

application was listed.

7. On 11 July and 31 July 2012, the sec tion 43A application did not proce ed, owing to doubt s and difficulties t hen existing regarding

service of the sec tion 43A applicat ion on the mother.

8. During August 2012 (and with t he permission of her treat ing clinician), the sec tion 43A applicat ion was served on t he mother.

Service was effec ted personally by the solicitor for the applicant fost er carers.

9. I am satisfied from what has been submitted by t he solicitor for t he applicant fo ster c arers, and from the evidence of Dr OR

(consultant psychiatrist) that while service was being effect ed, mother stat ed that:

• she wante d the c are of her c hildren to be returned to her;

• she had never agreed t o her children going into care; and

• she had been forc ed to sign a voluntary care agreement in respect of the children.

10. On 5 September 2012, the HSE issued applications for Interim Care Orders in respect of eac h of t he children (hereafter

collect ively referred to as t he section 17(1) application), returnable to 18 Se ptember 2012.

11. On 5 September 2012, the sect ion 43A application was adjourned to 18 Sept ember 2012.

12. On 18 September 2012, the sect ion 17(1) application proceeded t o hearing. Mother was not present, but was legally represented.

Father was not present or legally represented. Evidence was given by Social Worker 1, who also submitted a soc ial work report dated

17 September 2012, and by mother’s consultant psychiatrist, who submitted a report dat ed 17 September 2012. Interim Care Orders