CASE OF N.P. v. THE REPUBLIC OF MOLDOVA
Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Non-pecuniary damage - award (Article 41 - Just satisfaction)
Branko Lubarda;Carlo Ranzoni;Johannes Silvis;Kristina Pardalos;Luis López Guerra;Mārtiņš Mits
5. The applicant was born in 1986 and lives in Chișinău. 6. The applicant lived with her four-year-old daughter, A., and with her mother, G. 7. Following a call from C.I., on 22 September 2011 the police removed A. from her home and placed her in the care of the Municipal Children’s Hospital “V. Ignatenco”. A medical report drawn up on the same day found that the applicant had severe alcohol intoxication. 8. C.I. later stated to the police that, as a salesman in a shop on a street near the applicant’s house, he would regularly see the applicant and her mother drinking alcohol and failing to take care of A., who often had an unkempt appearance and would wander around without adult surveillance, asking for food. He called the police on the evening of 22 September 2011 after A. had asked him to call for an ambulance because her mother and grandmother had been fighting. 9. On an unspecified date the Ciocana Police Office reported to the Ciocana Child Protection Service the circumstances of their intervention on 22 September 2011: “On 22 September around 8.45 p.m. [a call] was registered about domestic violence occurring at [the applicant’s address]. At the scene [the applicant and her mother], both visibly drunk, were found exhibiting aggressive behaviour and were unkempt in their appearance. Physical and psychological violence was exercised in the presence of the child. A child was found in the yard ... she looked unkempt and said that she had not eaten anything the whole day. From discussions with the neighbour who had called the police, it was established that the child had been without surveillance for a week, in an unkempt state and sometimes asking for food. Subsequently the child was identified as A. At the scene it was also established that the child lives in unsanitary conditions, without electricity. The child does not have the basic requirements for her physical and intellectual development, and is not enrolled in any pre-school institution. ... [S]he does not have a healthy diet [because she] begs food from neighbours. ...[The applicant] was directed to undergo an examination in order to assess the level and the nature of her intoxication. ...On 22 September 2011 the child inspector who was present at the scene called for an ambulance which took the child to [hospital] for medical investigation and appropriate medical assistance .... The Ciocana Police Office is currently investigating whether [the applicant] had committed an offence under Article 63 (2) of the Code of Administrative Offences. ... [We request] ... adoption of a decision on the placement of the child in a special institution and the lodging of an action in court seeking withdrawal of [the applicant’s] parental authority”. 10. On 23 September 2011 a social worker and a psychologist from a non-governmental organisation visited the applicant’s home and found that the house was in disorder and lacked running water, electricity and gas. 11. On 27 September 2011 the applicant was interviewed by a Ciocana police officer. On the same day a police report concluded that the applicant was failing to duly fulfil her parental duties of educating and caring for her child because her abuse of alcohol, quarrelling or fighting with her mother in the child’s presence, and at times using physical violence towards her mother. The report concluded that the applicant had committed an offence under Article 63 (1) of the Code of Administrative Offences and took into account the applicant’s personal and family circumstances as a mitigating factor. On 19 October 2011 the Ciocana prosecutor confirmed the police’s finding that the applicant had committed an offence under Article 63 (1) of the Code of Administrative Offences and sentenced her to an administrative fine in the amount of 200 Moldovan lei (MDL) (equivalent to 12.5 euros (EUR)). 12. Also on 27 September 2011, the Ciocana Child Protection Committee examined A.’s situation. When the applicant appeared before the committee she was allegedly intoxicated. The applicant disputed that allegation. Based on the findings of this meeting, on 28 September 2011 the Ciocana Child Protection Committee concluded that A.’s return to her biological family would put her life and health in danger. The Committee decided to place her in the Municipal Children’s Centre and to initiate proceedings to withdraw the applicant’s parental authority. 13. A. stayed in hospital from 22 to 30 September 2011. She was diagnosed with “residual encephalopathy with delayed motor skills, mild leg movement disorder, thyroid gland disease, decreased need for sleep (“hyposomnia”), urinary insufficiency and disorder of the function of the pancreas.” She was prescribed treatment. 14. On 30 September 2011 A. was transferred to the Municipal Children’s Centre. A psychological evaluation dated 14 February 2012 described A. as displaying “well-developed gross motor skills, corresponding to her age, at a slow tempo. Free, balanced and directional walking. Weak fine motor skills. ... Balanced and quiet behaviour, delayed development of cognitive processes and of communication abilities, with chances of recovery. Psycho-social deprivation.” 15. On 20 December 2012 the Municipal Child Protection Service approved A.’s placement with the family of C., a professional parental social worker. On 22 January 2013 C. took A. from the Municipal Children’s Centre and noted that A. was physically healthy, clean and without any skin eruptions. 16. On 29 September 2011 the Ciocana Child Protection Service instituted proceedings seeking the withdrawal of the applicant’s parental authority. They relied on four grounds for the withdrawal of authority under Article 67 of the Family Code: neglect of a child, a parent’s immoral conduct, a parent’s chronic alcoholism, and other reasons taking into account the interests of the child. They relied on the information provided by the police (see paragraphs 8-11 above) and the conclusions of the committee meeting of 27 September 2011 (see paragraph 12 above). 17. In a note dated 7 November 2011 the Municipal Children’s Centre informed the Ciocana District Court that on 30 September 2011 A. had been transferred to the centre and that on 7 October 2011 she had been registered as a child in difficult circumstances. The note also stated that the applicant had neither visited nor inquired about A. since her placement in the centre. 18. In the course of the proceedings, the Ciocana Child Protection Service submitted the applicant’s character assessment drawn up by the Ciocana Police Office on an unspecified date, which read: “...[The applicant’s] family has been classified as a family unfit to educate (“needucogenă”) since 26 September 2011. It was found that [the applicant] drank alcohol at home with her mother, followed by violent behaviour in the child’s presence. Before the child’s placement in the centre, she was often seen without any parental surveillance and looked unkempt. The child did not attend any pre-school institution. [The applicant’s] family does not have electricity, water or gas in their house.” 19. It also submitted a letter dated 2 November 2011 in which the Ciocana polyclinic stated that A. was registered with that medical institution and that “P.E. (the applicant’s first name is N.), the child’s mother, abused alcohol, and did not look after the child’s health; a neighbour accompanied the child on medical visits.” 20. At the hearing on 24 January 2012 the representative of the Ciocana Child Protection Service submitted that during the visit to the applicant’s home on 23 September 2011 the applicant and G. had been intoxicated and displayed signs of physical violence. The applicant had been behaving inappropriately and had an unkempt appearance. The neighbours reported that A. was not attending any pre-school institution, was generally neglected by her family, was usually dirty, and often asked for food. She also alleged that the applicant had been intoxicated when she appeared before the Child Protection Committee at the meeting on 27 September 2011. 21. In court the applicant argued that she was a single parent and was receiving no support from anyone, including social services. She had financial difficulties, which prevented her from improving her living conditions, which were very basic. She explained that they used wood for heating and that the electricity had been cut off six months previously after an electrical accident. She contended that she cared for her child, supplying her with toys, clothes and shoes, and that A. had been provided with medical assistance by a medical institution other than the local polyclinic, submitting a copy of A.’s immunisation record. She stated her wish to be with A. and her commitment to discharge her parental responsibilities. She referred to the letter of 27 October 2011 (see paragraph 31 below) as evidence that she had requested access to her child, but to no avail. She argued that the incident of 22 September 2011 had not been typical and could not constitute grounds for the removal of her parental authority. She submitted that she had left in order to work in Turkey for a period of only two weeks, after which she had returned to unofficial employment in different jobs, and supplied confirmation that after the incident she had found official employment in Moldova. She also supplied confirmation that she had obtained the documents necessary to enrol A. in a pre-school institution. She denied having been intoxicated at the Committee meeting on 27 September 2011 and stated that she consumed alcohol only occasionally. 22. The court file also contained a statement signed by fifteen persons living in the applicant’s neighbourhood, according to which A. had never been seen wandering around dirty and hungry, or begging. 23. The applicant attended the first three hearings. She did not appear in court at the fourth and last hearing. 24. On 14 February 2012 the Ciocana District Court decided to withdraw the applicant’s parental authority, relying essentially on the arguments of the Child Protection Service. The court found, inter alia, the following: “The representative of the [Municipal Children’s Centre] submitted that A. had been transferred from the [hospital] and was undergoing treatment for residual encephalopathy with delayed motor skills, mild leg movement disorder, thyroid gland disease, decreased need for sleep (“hyposomnia”), and urinary insufficiency. ...[the applicant] lives together with her daughter A. ... in unsanitary conditions. She is unemployed and claims to leave periodically in order to work in Turkey. ... On 22 September 2011... the police found [the applicant] drunk and... quarrelling violently in the presence of A., who was dirty, crying, hungry and scared. According to the representative of the [Ciocana Child Protection Service], during her visit [on 23 September 2011] she had found [the applicant] and her mother drunk, aggressive and with an unkempt appearance, the house and the yard disorderly and in a completely unsanitary condition. Citing neighbours, [the representative of the Child Protection service submitted that] A. was neglected by her mother and grandmother, was not enrolled in a pre-school institution, was often seen wandering around dirty and asking for food. ...[The applicant] was drunk at the meeting on 27 September 2011 of the Child Protection Committee. The Committee concluded that the child’s return to the family would put her life and health in danger. ... [The applicant] had neither visited nor asked about [A.] since her removal from home, which was evidence of [the applicant’s] indifference towards [A.], and her immoral life style and inappropriate behaviour prove that she is unfit to raise a child. On 22 September 2011 a medical examination confirmed [the applicant’s] severe alcohol intoxication. ... On 19 October 2011 the Ciocana prosecutor’s office found [the applicant] guilty, under Article 63 (1) of the Code of Administrative Offences, of failing to discharge her parental duties and fined her 200 Moldovan lei (12.5 euros). ... [A.’s] psychological assessment reported balanced and quiet behaviour, delayed development of cognitive processes and of communication abilities, introversion, and a positive emotional state. ... [The applicant] neglected her parental duties, did not appear in court to object, did not take care of the child, did not provide material or emotional support, and had a negative influence on the child through her immoral conduct.” 25. The applicant appealed, arguing, inter alia, that she had been in legitimate employment since 4 October 2011, was making significant efforts to improve her life and wished to be with A. She referred to the evidence in the file that she had repeatedly attempted to visit her daughter but had been allowed to do so on only two occasions. She referred to the statements of a social worker before the court, according to which there had not previously been any reason to remove the child from the family or to withdraw the applicant’s parental authority and no family support measures had been undertaken. The applicant submitted that she had not attended the last hearing due to health problems. 26. In the appellate proceedings, the representative of the Ciocana Child Protection Service stated that the applicant had been warned on several occasions that she needed to bring order to her house. She also submitted that A. had described to social services “horrifying” (“de groază”) moments experienced with her mother, entire days spent without eating anything and that she had expressed her wish not to be returned to her mother. 27. On 24 October 2012 the Chișinău Court of Appeal dismissed the applicant’s appeal as ill-founded, reiterating the reasons relied upon by the district court. 28. The applicant appealed again, arguing, inter alia, that her rights under Article 8 of the Convention had been violated. She submitted that in 2012, while the proceedings were ongoing, she had cleaned up her house and improved the living conditions. She submitted that she had regularly visited A. at the Municipal Children’s Centre and had brought parcels for her. She denied having been intoxicated at the meeting on 27 September 2011 of the Child Protection Committee and noted that no evidence to support this allegation had been presented. She agreed that, in the light of her difficult material situation, A.’s placement was an appropriate solution if applied in conjunction with measures to provide her with the necessary support, with a view to reuniting the family as soon as possible. She did not agree that the withdrawal of her parental authority was a proportionate measure under Article 8 of the Convention. 29. On 8 May 2013 the Supreme Court of Justice upheld the previous judgments for identical reasons. That judgment was final. 30. The applicant complained to the Ciocana prosecutor’s office about A.’s removal from her home on 22 September 2011. On 7 October 2011 the Ciocana prosecutor’s office informed her that A. had been lawfully removed from home and sent to the hospital for medical examination, given that on 22 September 2011 the Ciocana police officers had found the applicant and her mother intoxicated and aggressive, their house in an unsanitary condition and the child A. hungry and looking unkempt. The applicant was informed that A. had been placed in the Municipal Children’s Centre under the care of the Ciocana Child Protection Service and that proceedings had been instituted on 29 September 2011 to withdraw her parental authority. 31. On 27 October 2011 the applicant submitted a request to visit A., stating that she had not been kept informed about A.’s fate and that all her previous verbal enquiries had been refused. On 23 November 2011 the Ciocana Child Protection Service refused the request and informed her that visits were prohibited while court proceedings concerning the withdrawal of her parental authority were pending. 32. In a letter dated 17 January 2013 the head of the Municipal Children’s Centre stated that the Ciocana Child Protection Service had placed A. in the care of the centre on 30 September 2011 and had prohibited any visits by the applicant until the end of the court proceedings. The letter confirmed that the applicant had requested visits. Even though her requests had been refused, the applicant had managed to see her child on 1 and 12 August 2012. During the winter holidays, she had brought several parcels with sweets and toys and had asked for further meetings. The applicant had been redirected to the Ciocana Child Protection Service to obtain an authorisation to visit A. before the end of the court proceedings. 33. In a letter addressed to the Municipal Child Protection Service dated 22 August 2013, the Ciocana Child Protection Service submitted that it was inappropriate to examine the applicant’s request of 1 August 2013 to visit A. because the applicant’s parental authority had been withdrawn, the child was to be placed under a relative’s guardianship and it was for that guardian to decide on the frequency of contact between A. and her biological mother. 34. On 31 October 2013 H., an aunt, was appointed as A.’s guardian and the beneficiary of her child-care allowance. The applicant’s requests to visit A. were refused by H. on the grounds that she no longer had any parental rights. 35. Following the applicant’s repeated requests to visit A., on 26 December 2013 the Municipal Child Protection Service allowed visits on Saturdays in the presence of A.’s guardian. 36. On 20 February 2014 the applicant gave birth to her second child. Four days later, citing the lack of a home or resources to take care of the child, she declared her consent to the child’s adoption.