Western Health Board v. M. (K.) [2001] IEHC 135; [2001] 1 IR 729 (14th March, 2001)

Western Health Board v. M. (K.) [2001] IEHC 135; [2001] 1 IR 729 (14th March, 2001)

Section 36 of the Child Care Act, 1991 does not empower a health board to place a child with relatives or foster parents outside the State, but Section 47 empowers the District Court to direct such placement, with or without limitation on the period.

Citation
[2001] IEHC 135
Parties
Applicant: Health Board; Respondent: K. M.
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated (child Care Act, 1991) / High Court Determination of District Court Questions
Outcome
Consultative questions answered: Health board cannot place child outside State under Section 36; District Court can direct placement outside State under Section 47, with or without limitation on period.
Legal Topics
Child Placement, Jurisdiction of District Court, Care Orders, Placement Outside State
Child Law Family Law Administrative Law Child Placement Jurisdiction of District Court Care Orders Placement Outside State

Case Brief

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Parties

Health Board

Applicant

K. M.

Respondent

Procedural Posture

Consultative Case Stated (child Care Act, 1991) / High Court Determination of District Court Questions

Legal Issues

  1. 1 Whether a health board can lawfully place a child with relatives or foster parents outside the State under Section 36 of the Child Care Act, 1991
  2. 2 Whether the District Court can lawfully direct such placement under Section 47 of the Child Care Act, 1991
  3. 3 Whether the period for such placement can be limited

Ratio Decidendi

Section 36 of the Child Care Act, 1991 does not empower a health board to place a child with relatives or foster parents outside the State, but Section 47 empowers the District Court to direct such placement, with or without limitation on the period.

Court Disposition

Consultative questions answered: Health board cannot place child outside State under Section 36; District Court can direct placement outside State under Section 47, with or without limitation on period.

Orders

  • No order for health board placement outside State under Section 36
  • District Court may direct placement outside State under Section 47