Re Daisy Logan [2023] NSWChC 16

Children's Court New South Wales

Medium Neutral Citation: Re Daisy Logan [2023] NSWChC 16 Hearing dates: 27 October 2023 01 December 2023 20 December 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Care and protection Before: Children's Magistrate Sheedy Decision: Matter adjourned for further evidence and submissions Catchwords: CHILDREN – Care and protection – Assessment – Placement principles – Best interests Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Category: Procedural rulings Parties: Secretary, Department of Communities and Justice Ms G Flanders (Mother) Representation: Mr Menser for the Secretary (on 27 October 2023) Ms Heath for the Secretary (on 1 December 2023) Mr Piggott as agent for Ms Heath (on 20 December 2023) Mr Cicchini for Ms Flanders Mr Piggott, Independent Legal Representative for Daisy File Number(s): 2023/0013990 Publication restriction: Pseudonyms have been used to protect the identity of the children and family members.

JUDGMENT

Background 1. On 1 May 2023, the Secretary, Department of Communities and Justice ('DCJ'), filed an application for a care order for Daisy Flanders (now known as Daisy Logan). Daisy is an Aboriginal child, born April 2023. 2. Daisy's mother is Paula Flanders and her father is not known to DCJ or the Court. Ms Flanders has an acquired brain injury following an accident when she was 7 years old. 3. Daisy was exposed to Ms Flanders's illicit substance use in utero. When she was 4 days old Daisy was discharged into the care of the Anglicare Adoption Agency Team and placed with Greta and Peter (not their real names) as authorised pre-adoptive carers. Ms Flanders had entered a voluntary agreement with Anglicare for Daisy to be placed with Greta and Peter under their voluntary adoptive programme. Greta and Peter are not Aboriginal. 4. A few days after being placed with Greta and Peter, Daisy was taken to hospital with abnormal movements and irritability, thought to be symptoms of Neonatal Abstinence Syndrome ('NAS'). She was admitted to the Special Care Baby Nursery and commenced on Morphine to manage NAS. She was then discharged home to the carers to continue Morphine for 5 to 6 weeks. Daisy continued to have periods of being unsettled and had jerky movements and abdominal symptoms. Despite treatment, Daisy's unsettled behaviours continued and she was admitted to hospital for 2 more weeks whilst being weaned off Morphine and commenced on Clonidine. 5. Following discharge, Daisy continued to display symptoms of NAS and remained unsettled. Daisy was therefore weaned off Clonidine and recommenced on Morphine. Due to concerns regarding her overall neurological development Daisy was referred to a paediatric physiotherapist and a paediatric neurologist. 6. The paediatric neurologist recommenced Clonidine and tests undertaken were predictive of atypical neurological function. Assessment for cerebral palsy will be ongoing. 7. The neonatologist produced a report regarding Daisy on 23 August 2023. In that report, the neonatologist states that …in the last few months Daisy has been difficult to manage and is very complex. Greta and Peter have done a wonderful job looking after her and work well with the treating team. 1. An application for a care order was made on 1 May 2023 after Ms Flanders contacted Anglicare indicating she was strongly considering requesting Daisy be returned to her care. DCJ had significant concerns about Ms Flanders's capacity to safely care for Daisy. A summary of the safety concerns include: * Ms Flanders's ongoing significant substance misuse, including the use of Methamphetamine, Amphetamine, Buprenorphine and Norbuprenorphine and the effect of this on her parenting * Ms Flanders's Acquired Brain Injury which results in rigid thinking and significant impulsivity * Ms Flanders's history of violence towards others * Ms Flanders's exposure to domestic violence * Ms Flanders's lack of engagement with services * Hospital maternity staff's opinion that Ms Flanders would be unable to provide adequate basic care for Daisy without significant supports in place. They observed her falling asleep when feeding Daisy and become angry and kick Daisy's cot. * Ms Flanders's verbal aggression and emotional dysregulation * Ms Flanders demonstrated lack of understanding of the child protection concerns and non-acceptance that her drug use during pregnancy contributed to Daisy's NAS. * Ms Flanders having no stable accommodation. 1. The care application was appropriately brought. 2. Shortly after the care application was made, the Court made an interim order of parental responsibility to the Minister. 3. Ms Flanders is not seeking restoration of Daisy to her care. In the affidavit filed on 1 September 2023, Ms Flanders stated she is happy for Daisy to remain with Greta and Peter until a suitable long-term placement is found. She does not make any complaint about the care the current carers provide Daisy, only that they are not Aboriginal and that they are not family. Ms Flanders suggested her cousin Ms Deidre Logan as an appropriate long-term carer. 4. On 25 October 2023, DCJ filed a Care Plan for Daisy proposing her current placement with Greta and Peter as her long-term placement with a view to adoption and proposed that the Court make an order of Parental Responsibility to the Minister until Daisy is 18. [1] 5. In that Care Plan under the heading 'What is the proposed permanent placement for Daisy Jillian Logan', it states as follows: It is proposed that Daisy remain placed with her Anglicare carers as permanent placement with a view to adoption in the future. The placement principles for Aboriginal children are that long-term care should be considered before adoption, however, given that Daisy has significant health needs that will most likely be for the remainder of her life, adoption should be strongly considered to reduce the likelihood of placement breakdowns and to provide stability for Daisy. Daisy requires a carer who is able to understand her medical and health needs, who can attend multiple health and therapeutic appointments and provide the necessary at home care to meet Daisy's needs. While Ms Flanders has affirmed an affidavit stating she wanted a family member to be Daisy's carer, Ms Flanders has expressed to DCJ that she does not want Daisy placed with a family member but wants Daisy to remain with her current carers and to be adopted. Ms Logan, Daisy's maternal grandmother, has consistently expressed that her wishes are for Daisy to be adopted. 1. There can be no doubt that Greta and Peter are providing excellent care to Daisy and that they are willing to provide that care long-term. 2. On that same day as the Care Plan was filed at Court, 25 October 2023, the DCJ allocated caseworker filed an affidavit in which she included the following information under the heading 'Family Finding': On 19 September 2023 Ms Flanders sent me a text message asking if we could look at other places for Daisy to go. Ms Flanders said she would like Daisy to be adopted through Anglicare. On 21 September 2023 Ms Flanders sent a text message requesting for Daisy to be adopted to a family through the adoption agency. On 11 October 2023 Anglicare Adoptions and Foster Carer Recruitment team emailed me to advise that Anglicare were not able to contact Deidre Logan to discuss whether she was interested in being assessed as a relative carer for Daisy. They also advised that Anglicare are not able to proceed with Vanessa Logan [Daisy's maternal aunt] and her partner's application to be a relative carer as per the agency's policy on same sex couples (my emphasis). 1. The Court was not provided with a copy of Anglicare's policy. 2. There was no mention of Ms Vanessa Logan, Daisy's maternal aunt, in the Care Plan or Cultural Plan filed on 25 October 2023.