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

CourtDistrict Court (Ireland)
JudgeToale J.
Judgment Date18 September 2012
Neutral Citation[2012] IEDC 14
Case OutcomeApproved
Docket NumberN/A
[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

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