In the matter of Ruby (Care order) [2015] JRC 235 (20 November 2015)

In the matter of Ruby (Care order) [2015] JRC 235 (20 November 2015)

Due to the mother's lack of engagement and concerns about her capacity, the Court supports the appointment of a curator and directs a cognitive and mental capacity assessment, while maintaining procedural safeguards and representation through amicus curiae.

Citation
[2015] JRC 235
Parties
Applicant: Minister; First Respondent: Mother; Amicus Curiae: Advocate Glynn; Advocate: Advocate Benest
Jurisdiction
Jersey
Judgment Date
20 November 2015
Procedural Posture
Child Protection / Directions Hearing
Outcome
Further directions issued; appointment of curator supported; cognitive and capacity assessment ordered.
Legal Topics
Interim Care Order, Emergency Protection Order, Capacity Assessment, Curator Appointment, Freeing for Adoption
Family Law Child Protection Interim Care Order Emergency Protection Order Capacity Assessment Curator Appointment Freeing for Adoption

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Parties

Minister

Applicant

Mother

First Respondent

Advocate Glynn

Amicus Curiae

Advocate Benest

Advocate

Procedural Posture

Child Protection / Directions Hearing

Legal Issues

  1. 1 Mother's capacity to engage in proceedings
  2. 2 Appointment of curator
  3. 3 Mother's involvement in care proceedings

Ratio Decidendi

Due to the mother's lack of engagement and concerns about her capacity, the Court supports the appointment of a curator and directs a cognitive and mental capacity assessment, while maintaining procedural safeguards and representation through amicus curiae.

Court Disposition

Further directions issued; appointment of curator supported; cognitive and capacity assessment ordered.

Orders

  • Leave granted to Minister to instruct psychologist for cognitive and mental capacity assessment of mother
  • Minister to file final statement/care plan and witness statements by 12 February 2016