Foster mother challenges agency decision to remove girl from her care

A High Court challenge has been brought against the Child and Family Agency's decision to remove a teenage girl from the care of her foster mother.

The teenager, who cannot be identified for legal reasons, had been in the care of her foster mother for several years.

During that placement, the teenager, who has several health conditions, developed a very strong and loving bond with her foster mother and her family.

However, in recent months Tusla/the Child and Family agency decided to move her to a residential care unit in Dublin, many miles from where she had been in foster care and attending school.

The teenager, who has been in the care of the CFA for several years, was removed by the agency from her foster mother in recent days.

As a result, the foster mother, represented by Colm O’Dwyer SC with Sinead McDonagh Bl, has brought High Court judicial review proceedings aimed at quashing the decision to remove the teen from the foster mother, and that the girl be returned to the foster mother’s care.

The foster mother also seeks a declaration that the removal of the teen violated the girl’s constitutional rights and her rights under the European Convention on Human Rights.

Counsel told the court that the decision to remove the child was done without any proper consultation with the girl herself or the foster mother.

Care plan

Counsel said his client has not been given any reason by the CFA why the girl has been moved.

Counsel said that the decision to remove her came after a care plan in respect of the girl was compiled earlier this year.

That plan, counsel said recommended that the girl should remain with the foster mother, to be reviewed at a later date.

An undertaking had been given by the CFA earlier this month that the proposal to remove the teen from her placement would not occur until a judge of the District Court had appointed a guardian in respect of the teen was given to the foster mother, counsel said.

However the removal occurred without the teen’s case going before that court or before a guardian had been appointed, counsel said.

The CFA removed the girl from her care a few days after the undertaking was given, counsel said.

Permission to bring the challenge was granted, on an ex-parte basis, by Mr Justice Max Barrett. The judge adjourned the matter to a date in early October.

The judge also agreed to appoint a guardian ad litem to represent the teen in the proceedings.