A judge in a rural town extended a care order for one year for an infant and a primary school going child. The two children had the same mother and different fathers and the judge heard both cases together. The Child and Family Agency (CFA) had sought an extension of the care order for two years, but the mother consented to extending it for just one year. The mother was present and had legal representation. Neither father was present or represented.
Evidence of the Child and Family Support Service Manager
The manager of the parent and infant unit in the child and family support service said that the mother had completed a 16-week parental capacity course in the assessment unit of the child and family support service. This was a 16-week residential course where the mother’s parenting ability and her capacity to improve it were assessed and supported. The manager said that the main concerns initially related to the mother’s neglect of the older child, her previous drug use and her own mental health and functioning.
The manager said that the mother’s psychometric testing results had been reviewed and there were no concerns about her cognitive ability. However, she had shown a complex personality style with various components to this including anxiety, poor sense of self, tendency to self-sabotage, mistrust in relationships and possible PTSD. An ADHD traits assessment also showed that the mother was at the cutoff point for this. During the 16-week assessment the mother attended different parenting classes which were tailored to her individual needs and her goals for self-care of herself and play and interaction with the baby. The mother also informally worked with the social work team who were present throughout on a 24/7 basis.
The manager said that the mother was eager to attend but found it hard to remain focused on the content, distracted by what was going on in her own life. She said that the mother was motivated after initially not wanting to attend the parenting course, but the integration of the learning into her actual practice was blocked from what was going on in her mind. The manager said that until she spent time with the relevant experts dealing with this, she would not make progress, and she had a complex personality style. The manager said that the mother had some understanding at times, and she spoke about having a very positive childhood experience herself but then a lot of loss in her adulthood, and there may in fact be trauma from childhood which was unresolved.
The manager said that quite a high level of scaffolding had been provided during the assessment. She said that even though the expectation was that the parents look after their own babies, the mother required quite a high level of intervention even on the most basic care needs. The mother was easily distracted with her own issues, she could show lovely warm moments and play with the baby, but it was inconsistent. Her mood could be low and frustrated.
Judge: “What would you need to see from the mother?”
Manager: “The mother needs to engage in adult mental health services and take part in groups and classes, so she can build strategies in relation to overthinking and multi-tasking. It was also recommended that she would undertake psychotherapy to deeply reflect on past traumas and to try and resolve some of these this so she can move forwards.”
The manager said that the concerns for the child, given the mother’s current presentation, was that the baby’s basic care needs could not be met. She said the baby was developing her own personality right now and if she was not responded to appropriately, she might develop her own mental health issues. The manager stressed that it was the adult mental health steps that would need to be taken before the mother could benefit from more parenting classes.
Solicitor for the mother: “Do you believe that the mother can make the necessary changes? We need to start moving this along. Can she make positive progress?”
Manager: “It will be a struggle, as the mother has tended to over think and then miss appointments. She will need a support system, but change is possible”. The manager consented to the results of the psychometric testing being shared with other appropriate adult mental healthcare providers.
The judge noted that the potential was there and that this was pertinent for both children.
Evidence of the social worker
The social worker said that in her view, the granting of a 12-month care order following the parental capacity assessment was proportionate and necessary.
The social worker said that over the next 12 months it was hoped that the mother would address and improve her home conditions and attend at the services that had been recommended by child and family support service. She said the mother had engaged well with the social worker and the social work team wanted the mother to take the initiative in seeking and exploring the services that were available to her. The social worker said that the baby was in a general foster placement. She was a lovable baby who doing very well and had no health concerns.
The mother’s solicitor asked if a support worker could assist the mother in attending the necessary mental health appointments. The social worker confirmed that a social care worker had been appointed, and it was hoped that the mother and the social care worker could establish a positive relationship in time.
The social worker said that the baby had access with her mother one hour a week in a care house. She said that there were no plans to move this access to another venue yet, but it would be considered in a few months after the case had been transferred to another social worker. The social worker said that the infant’s paternal grandmother was present in her life through contact, and she had seen her on two occasions.
Solicitor for the mother: “The paternal grandmother is in the vicinity of the courthouse, can the social worker engage with her today to progress grandparent access?”
Social worker: “Yes”.
The solicitor for the GAL said that in relation to promoting regular sibling access between the two children, there was a concern that this was being left to the foster carers, and the GAL was of the view that this was for the CFA to establish. The judge said he agreed wholeheartedly with this as it was important for the sisters to get to know each other.
The social worker said that the older child was of primary school age and she resided with her paternal grandmother. She said that her behaviour had stabilised, and she was benefitting from the stable placement. The social worker added that the school had reported positive outcomes in respect of the girl.
The social worker said that the parental capacity assessment had helped inform her view that the care order was proportionate and necessary at this point. The child had access with her mother once a week in the house, and it was more supported than supervised. The social worker said that the child had had the benefit of speech and language therapy, occupational therapy and play therapy. The social worker said that these treatments were funded by the CFA and she was satisfied that the grandparents were meeting her care needs. There had been no contact from the girl’s father who lived abroad.
The mother’s solicitor asked if access with the older child could be in a more normal fun place, and for longer than one hour a week. The social worker said that she would look into increasing it to one and a half hours per week.
The solicitor for the GAL asked if a paternal grandaunt could be considered for providing respite to the paternal grandmother in respect of the care of the primary school-going child. The social worker agreed that she would be considered, and she said that they were a family who were always together and she already took care of the child at times.
Evidence of GAL
The GAL said that both girls were in placements where their needs were being met, and both were thriving. The GAL said that she had met the baby and her mother together and the baby had a good rapport with her mother. The GAL confirmed that she supported the extension of the care order for 12 months, with the mother’s access to be left to the discretion of the CFA.
The GAL said that her only concern was to give the mother a bit of time before allowing access in the community with the baby as she was still only nine months old. The GAL agreed that sibling access should be organised, but the CFA needed to establish it and the foster parents of both children would then take it over once it had been established.
Mother’s solicitor: “Can further and better access be explored, especially coming up to Christmas and holidays?”
GAL: “Yes it would be nice for the girls to have more time with their mother in the supervised setting first and then in a community setting later on.”
Judge: “Some work has been done by the mother but there is a lot more to do. The mother is motivated to do better and her motivation to engage with the services can only be a good thing for the children involved.”
The judge said that he was satisfied that the threshold had been met and he made a care order for 12 months under section 18 of the Child Care Act in respect of both children. He directed that sibling access between the two children be facilitated and encouraged by the CFA. The judge listed the matter for mention only on the two months later to see whether the mother had engaged with the adult mental health services, and to ensure that the sibling access was up and running.