High Court 

In Re Section 2 of the Summary Jurisdiction Act 1957 (19 & 20 Vict C 43) as extended by Section 52(1) of the Courts (Supplemental Provisions) Act 1961 and the Child Care Act 1991; 

Eastern Health Board v Mooney

1997/1922 SS 

20 March 1998 

CARNEY J: 

The learned judge of the District Court has of his own motion in the course of hearing proceedings under the Child Care Act, 1991, by way of consultative case stated, sought the opinion of this Court on three questions, namely:- 

1. Whether hearsay evidence is admissible in cases pursuant to the Child Care Act, 1991. 

2. Whether hearsay evidence is admissible in cases pursuant to the Child Care Act, 1991 when witnesses are competent and compellable and available to give the aforementioned evidence as direct evidence. 

3. Whether in cases pursuant to the Child Care Act, 1991 foster parents are compellable witnesses, and should be made available to the Court at the request of the District Judge to be examined by the District Judge and legal advisers for both sides. 

I would answer the questions as follows:- 

1. Yes, depending on the circumstances. See judgment of Costello P in In Re K (infants), (unreported, the High Court, 18 January, 1996). See also Southern Health Board v CH, [1996] 1 IR 219 which applies the principles of wardship proceedings in relation to the admissibility of hearsay evidence to proceedings under the Child Care Act, 1991. 

2. Yes, depending on the circumstances of the case. See judgment of Costello P in In Re K (infants), (already cited). Where witnesses are competent, compellable and available, it may not be necessary or appropriate to receive hearsay evidence. 

3. Yes. Foster parents are compellable witnesses. The District Court Judge is entitled to call them of his own motion if, in all the circumstances of the case, he thinks it appropriate to do so.