THE STATE is removing children from parents who have mild intellectual disabilities “with little or no effort being made to support these people as parents”, lobby group Inclusion Ireland has said.
Deirdre Carroll, its chief executive, said the numbers of people with an intellectual disability coming to them for advice and support when faced with having their children removed had been “growing over the past two years”.
In the majority of cases, the HSE was successful in having care orders granted when the parent or parents had intellectual disabilities.
“We understand social workers will err on the side of caution if they feel the child may be at risk, but we also know there are very little supports for parents with mild learning difficulties, and often the decision to remove their children is based solely on the fact that they have this mild disability. The system seems to be totally stacked against them.”
Inclusion Ireland provided an advocacy service to “one or two” clients involved in childcare proceedings cases each year up to 2009, but last year dealt with nine such cases, and so far this year has had five new referrals.
The National Advocacy Service for People with Disabilities, which provides advocacy services to disabled people, including instances where they are involved in court proceedings, has been operating for just over a month.
A spokeswoman confirmed it was already involved in “a small number of cases” where people with intellectual disabilities were threatened with losing their children.
“Most really do want to parent,” said Ms Carroll. “They are genuinely distressed and worried about their children when they come to us. Our concern is that while there will be a social worker and a guardian ad litem assigned for the child, there seems to be no support for the parents. They are vulnerable, and often don’t fully understand what is happening.
“The disability is seen first. Yes, these parents may need guidance and support, but it is assumed they cannot learn to parent well. It is not even considered.
“Most of the parents coming to us are very clean-living, loving, and want to be good parents. There seems to be an assumption people with intellectual disabilities don’t have the same adult emotions and bonds with their children as everyone else.”
The Irish Timesis aware of one case before the courts, which cannot be detailed for legal reasons, where a couple were assessed at a child and parent assessment centre.
The final assessment report, seen by The Irish Times,says the couple are safety-conscious, aware of hygiene and "competent in their role as parents to x".
It recommends supports “in the first instance” after they leave the centre, but concludes “given adequate supports, M and P should be able to parent x into the future”.
They are fighting to have their child, taken into foster care some time ago, returned. They were at no stage offered any family support package or parenting advice.
Ireland signed the UN Convention on the Rights of Persons with Disabilities in March 2007, though it has yet to ratify it. It states people with disabilities have the right “to marry and to found a family on the basis of free and full consent”.
It also says: “State parties shall render appropriate assistance to persons with disabilities in the performance of their child rearing responsibilities.”
Prof Gerard Quinn, director of the Centre for Disability Law and Policy at the NUI Galway School of Law, helped write the convention, which he said is essentially an enunciation of the UN Convention on Human Rights as it applies to people with disabilities. It is “an interpretation of existing legal obligations”, he said.
“I would argue that to take children from a person with an intellectual disability, because they have an intellectual disability, is a violation of their human rights. The obligation of the State is to intervene to support a person with disability in achieving their rights, not to intervene to deny them. If we are willing to cut regular parents wide slack, which we do, why the double standard?”
Ms Carroll is calling for an advocacy service particularly dedicated to these cases and for sex and relationship education for young people with intellectual disabilities. This is generally not provided, she said, as sex with someone who is “mentally impaired” is illegal under the Criminal Law (Sexual Offences) Act 1993, unless the person is married.
A spokeswoman for the HSE said “all children should be with their parents, except in exceptional circumstances such as when the child is at risk”.
“When this situation occurs the HSE works to support all families equally, regardless of personal circumstances or level of intellect, with the ultimate goal of reunifying the family while protecting the child.”
