A Dublin District Court judge granted an application for an interim care order (ICO) for a boy with an extremely rare medical condition. A supervision order had previously been granted after a three-day hearing.
Risks were characterised as non-attendance at medical appointments, substance abuse by the boy’s father and longstanding concern that the child was not reaching his potential. He was listed on the child protection notification system (CPNS) under “medical neglect”.
The mother’s engagement with professionals was mixed. Under the supervision order, she sometimes did not let professionals into the house. Her mother, who was not well, was also living in the house. The mother maintained that she only required respite in order to be able to care for the boy, yet she did not avail of respite that was offered. She had agreed to undergo urinalysis and on one occasion, cocaine use was detected. The CFA was to parallel plan for a foster placement, but none was identified which would meet the boy’s needs. A residential care unit had been identified for him.
As part of a safety plan, it had been agreed that the boy should not be in his father’s house. The mother’s family had installed cameras in her home in an effort to stop the father from calling there. On one occasion, the mother went to the boy’s father for two days, and brought the disabled boy with her. The CFA said there were “cannabis and cans” in the house, and it was not a safe or appropriate environment for the boy.
The social worker gave evidence that it was accepted that the mother loved the boy, but there were very few children in Ireland with his profile of medical needs. “She does her best, but is afraid to admit how hard it is caring for him.” The social worker was satisfied that the residential placement identified in the north-east would meet the boy’s needs.
She said there were frequent buses which would allow the Dublin based mother to visit, taking about an hour and a half. Staff from the residential unit would be happy to collect her from the bus or arrange a taxi to the residential home. The CFA declined to fund the cost of the mother staying overnight in a hotel or bed & breakfast. The judge commented that “the CFA never fails to delight us.”
The judge rose to consider his decision. On returning, he said that this was a “truly unique hearing” concerning a child with co-morbidities, who was non-verbal and had sight and metabolic issues. He said it was a “catastrophic situation to expect a sole parent” to care for him. “No doubt she loves him. It is a sad and frightening situation. This court knows only too well that love does not make the world go around.
“She is overwhelmed, a single parent with a disabled child, an on-off relationship with the father (not a party to the proceedings), and living with a mother with [needs]. She faces a constellation of difficulties.”
“The supervision order has not worked. This court’s adage is ‘parents should show us, not tell us.’ She did not access supports available, was difficult to contact and visited the father.
“On one occasion, her car was damaged while at his dwelling. The status quo cannot continue. If it continues as is, the child will be lost sight of. He must be central to it all and there is only a window of opportunity to help him. He was able to attend [his] creche, which is a sign of his strength and ability to adapt.
“The court has tremendous sympathy, but what if anything happened to her [the mother]? He would be in an emergency situation with no plan. Now there is a place for him, and access is there if she wants it. This is not a 50:50 case. This Court cannot ignore the preponderance of evidence that this is in the child’s best interests.”
“The threshold is met. It is in the child’s best interests to grant an ICO. Access to be arranged at the CFA’s discretion. I grant this ICO without any hesitation. I hope that the mother continues to avail of supports.” The judge also granted the CFA a warrant, to be used as a last resort, for the transfer of the boy to the residential unit. He set a statutory review date for one year’s time.