Re Lawrence [2008] NSWLC 24

Local Court of New South Wales

CITATION: Re Lawrence [2008] NSWLC 24

JURISDICTION: Children's Court

PARTIES: Director General of Department of Community Services; Re Lawrence

FILE NUMBER:

PLACE OF HEARING: Moruya

DATE OF DECISION: 05/09/2008

MAGISTRATE: Magistrate C Bone

CATCHWORDS: Previous removal - circumstances that gave rise to previous removal

LEGISLATION CITED: Children and Young Person's Care and Protection Act 1998

CASES CITED:

TEXTS CITED:

REPRESENTATION:

ORDERS:

1. 'Lawrence' was born in [ ] Hospital on 1st July, 2007. On 3rd July, the Director General (DOCS) made an application to the Children's Court in which an order was sought allocating parental responsibility to DOCS. The parents of the child are 'Ms Allnut' and' Mr Miller'. Lawrence was removed from them prior to the mother's discharge from hospital. The grounds upon which the application is based is that the child has been, or is likely to be, abused and that the child's basic physical, psychological or educational needs are not being, or are not likely to be, met by his parents. 2. There is no suggestion that this three day old baby was being abused or that his basic needs were not being met while he was in hospital. The application is based upon the mother's past history. It is DOCS' contention that Lawrence is a child in need of care and that contention is supported by Lawrence's solicitor. It is the contention of the parents that Lawrence is not a child in need of care. Background 3. The evidence brought by DOCS was contained in the affidavits of Hannah Halliburton, the caseworker originally in charge of the matter, and Tina Whalen, the caseworker who replaced Ms. Halliburton. Their evidence consisted mainly of material which had been presented in cases which had involved other children in respect of whom prior applications had been brought under the Children and Young Person (Care and Protection) Act, 1998. The evidence can be summarised as follows: · On 29th October, 1998, 'Katie Allnut' sustained a fracture of her right tibia; Katie, who is Ms Allnut's niece and was six months old at the time, was in Ms Allnut's care at the time. Ms Allnut advised that she had fallen from a caravan step while holding the child. · In May, 2003, 'Renee Allnut' was admitted to hospital suffering significant breathing and other problems. Examination revealed severe head injuries which, according to an expert witness, were "classical for the so-called 'Shaken Baby Syndrome' which encompasses shaking and impact". Immediately prior to her admission into hospital Renee, who was also a niece of Ms Allnut and was about six weeks old, was being cared for by Ms Allnut and 'Ms Smith', Ms Allnut's mother.