A judge has imposed a full care order for newborn baby which tested positive for cocaine at birth

A NEW-BORN BABY tested positive for cocaine after his mother late in her pregnancy returned a positive result for heroin, cocaine and cannabis, a court has heard.

At the Children’s Court in Dublin, Judge Conor Fottrell outlined the devastating story of how a baby, when born in January, “presented with withdrawal symptoms including tremors, sneezing, a high-pitched cry, and a toxicology test returned a positive result for cocaine”.

An emergency care order was secured by Tusla, the Child and Family Agency (CFA) on 15 January and Judge Fottrell records that the parents have not seen their child since January.

Judge Fottrell said that at a Child Protection Conference held shortly after birth, “the mother indicated that she did not feel she could care for the child at the time as she needed to address her addiction issues first”.

Judge Fottrell said that the mother wanted the father to care for the child.

He said: “However, concerns were raised around the father’s family and issues with Garda vetting, and it was later discovered that the father had been incarcerated for some time during the mother’s pregnancy in 2025”.

Judge Fottrell has now placed the five-month-old child in State care until he reaches the age of 18 following a full care order application by Tusla.

In his 10-page judgment on the case, Judge Fottrell said that this “is a very sad case where the application before the Court is for a full Care Order to the age of 18 years in respect of a five-month-old baby”.

Judge Fottrell has granted the full care order after concluding that the child’s health, development or welfare is likely to be avoidably impaired or neglected were the child to be placed in the care of the parents at this time.

He said that “the court is conscious of the very young age of this child, and this decision is not taken lightly but having considered all the evidence, the Court is satisfied that a full Care Order is necessary and proportionate and should be granted to the age of 18 years”.

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Providing background on the case, Judge Fottrell said that “sadly the mother has a long history of homelessness, substance misuse, domestic violence and mental health issues”

Judge Fottrell said that “there were grave concerns reported about the mother’s wellbeing throughout her pregnancy with reports that she was homeless and sleeping rough, and toxicology testing completed late in her pregnancy returned a positive result for heroin, cocaine and cannabis.

Judge Fottrell said that following the child’s birth, he was placed in the neonatal intensive care unit for a number of days.

He said that “both parents left the child in the neonatal intensive care unit for long periods of time over the following few days, and the mother was discharged from the hospital as she was not present on the ward following the child’s birth”.

Judge Fottrell states that “the mother has been known to the social work department since 2022 and has two other young children who are in the care of the Agency under care orders.”

At the full care order application hearing, Judge Fottrell said that regrettably the child’s parents did not attend the full care order hearing.

In his findings, Judge Fottrell said that the court accepts that the mother is extremely vulnerable and will require significant help and support in dealing with her difficulties, and it will take time for her to address her chronic drug use.

He said that reports submitted to the Court outline significant efforts made by the professionals to try and engage with the parents to maintain or develop a positive relationship with the child

Judge Fottrell said that “the Court is satisfied that the child is safe and being cared for by committed, loving foster carers who are available to him on a long-term basis. It is clear from the reports and evidence that he is adored by his foster family”.

Judge Fottrell said that “the child is only five months old and requires a high level of care. He was exposed to drug use in utero, experienced withdrawal symptoms following birth, and toxicology testing following birth returned a positive result for cocaine”.

He added: “While the child is now healthy and thriving in a safe environment, it is not clear whether his early life experiences will have any long-term negative impact on him.

The Judge said that “neither parent has to date been able to demonstrate any capacity to provide a safe, stable, drug-free, caring environment for the child. Currently, there is no evidence of any change in relation to their addiction, homelessness or ability to engage with professionals”.