Department of Communities and Justice (DCJ) and Skyla [2023] NSWChC 12

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Skyla [2023] NSWChC 12 Hearing dates: 28 August 2023 Date of orders: 27 September 2023 Decision date: 27 September 2023 Jurisdiction: Care and protection Before: Judge Ellen Skinner, President of the Children's Court of NSW Decision: Establishment Catchwords: CHILDREN – Care and Protection – Establishment – Availability of parent – No parent available Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Family Law Act 1975 (Cth) Cases Cited: Re Alistair [2006] NSWSC 411 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 Category: Principal judgment Parties: The Secretary, Department of Communities and Justice Skyla (Young person) The Mother Representation: Counsel: Ms Mahoney (Secretary)

Solicitors: Mr Mara (Skyla) Mr Kennard (the Mother) File Number(s): 2023/00157584 Publication restriction: Pseudonyms have been used to protect the identity the child and family members.

JUDGMENT 1. The Court must determine whether a child is in need of care and protection when their parent makes alternate care arrangements due to the parent's inability to provide primary care. The Court must consider the authority of a parent to delegate care responsibility, the factors that influence the capacity of a parent to delegate care responsibility, and whether the delegation accords with the safety, welfare and well-being of a child.