Parents to care for baby after judge refuses care order bid

A baby boy born 10 weeks premature who has been at the centre of a court battle will now be cared for by his parents after a judge yesterday refused an application from the Child and Family Agency to have him placed in foster care.

Judge Tim Lucey instead granted a 12-month supervision order which will mean the boy, who weighed just 2lbs when he was born, will enter his parents’ care when he is discharged from hospital.

He has been in the hospital since his birth on Oct 3, and the HSE applied four days later for an interim care order before later applying for a six-month full care order.

Since Jan 1, the CFA has taken over the HSE’s role in child care cases.

Cork District Court had heard the key social worker held serious concerns over the ability of the mother to adequately care for the boy. The social worker also said she was afraid the mother might physically harm the child.

But Judge Lucey said he would grant a supervision order, with the matter to be mentioned in the Dublin District Court on May 2, at which time a date will be set in June for a review of how the order is proceeding.

The couple intend to move to the father’s parents’ house in Dublin as soon as the child can be discharged from hospital.

The couple agreed to a number of undertakings, including that the same social worker will stay involved with the case until the files are fully transferred from the current social work area to the area in Dublin. The court heard that process will take between four and six weeks.

Other undertakings include that the baby will be brought to all professional and medical appointments, that the couple do not smoke in the house or around the baby, and that they endeavour to ensure other people do not smoke near the baby. The couple said they had already given up smoking, while extended family had either given up also or cut down.

The parents will have to make themselves available for meetings with the social worker and comply with her suggestions, and sign consents to allow other professionals in the Dublin area, such as public health nurses, the HSE, GPs, and hospitals, to be contacted about the case.

Judge Lucey said while the baby was now thriving and weighted 9.5lb, he was still vulnerable and “we are at a very critical stage” regarding his transfer into a family home from a protected hospital environment.

However, he said that while some issues remained, “it is a good news story, generally”.

Speaking afterwards, the couple said they were “excited” and “happy”.

“Words can’t explain it,” the mother said.

“It has been a long road for all us all. Hearing that judgment, it is such a relief. The baby is coming home with his parents.”

The baby’s father said it had been “four months of hell”, and thanked everybody at the hospital who had helped care for his son since he was born, and also thanked the legal team.

“He is coming straight home so he can meet the rest of his family,” he said.

Before the ruling, the couple’s barrister, Mairead Carey, had said it was not “a beauty contest” and that the fact the couple were poor or living in a council house should not count against them.

She said there was “no evidence ” that the mother would have sought to take the child from the hospital or harm him.

Solicitor for the CFA, Katharine Kelleher, said that the case had not been taken “willfully or lightly” and the agency had a duty to ensure the care and wellbeing of the baby.

The judge, in awarding costs in the case to the couple, said he accepted the HSE/CFA’s bona fides in bringing the case.