B v Director General, Department of Community Services [2000] NSWADT 1

Set aside by Appeal : Appeal allowed in part on 6/12/2000

CITATION: B v Director General, Department of Community Services [2000] NSWADT 1 DIVISION: Community Services Division APPLICANT B PARTIES: RESPONDENT Director General, Department of Community Services FILE NUMBER: 994014 HEARING DATES: 10/11/99 SUBMISSIONS CLOSED: 11/10/1999 DATE OF DECISION: 01/07/2000

BEFORE: Hennessy N (Deputy President); Houlahan L - Member; Monoghan-Nagle L - Member APPLICATION: Custody - decision to terminate the custody of a ward MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Children (Care and Protection) Act 1987 CASES CITED: APPLICANT REPRESENTATION: In Person RESPONDENT B Jarvis (Assistant Manager, Shoalhaven Community Services Centre) ORDERS: The Minister's decision to terminate the custody of a ward is affirmed.

Background 1 This application was made by B, maternal grandmother of A, against the decision of the Minister for Community Services to remove A from her care.

2 A is a 9 year old boy with a diagnosis of attention deficit hyperactivity disorder and severe behavioural disabilities. His father, who is now deceased, was an Aboriginal person. His mother, has a record of violent behaviour. According to Departmental records, the first notification of A as a "child at risk" was made in 1992, the second, third and fourth in 1996 and a further two notifications in 1997. Each of the notifications concerned allegations about A's natural mother, her inability to care for her children and the risk of harm or abuse while in her care.