DFaCS (NSW) re Ingrid [2012] NSWChC 19

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) re Ingrid [2012] NSWChC 19 Hearing dates: 13 and 14 November 2012 at Parramatta Decision date: 22 November 2012 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: The circumstances specified in s 78A(4) of the Care Act in respect of permanent placement of an Aboriginal child with non-Aboriginal persons, through an order for sole parental responsibility, must be established before such an order can be made Catchwords: CHILDREN - Care and Protection - Aboriginal child in need of care and protection - no realistic possibility of restoration to the parents - permanency planning - placement with non-Aboriginal persons - whether the circumstances specified in s 78A(4) of the Care Act must be established before an order can be made for sole parental responsibility in favour of those non-Aboriginal persons Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Cases Cited: Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Tracey [2011] NSWCA 43 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Interlocutory applications Parties: Department of Family and Community Services (NSW) The Mother The Child The Short-Term Carers Representation: Mr W Hunt, Counsel (Department) Mr R Tricca, Solicitor (Mother) Ms J Hanson, Solicitor (Child) Mr G Moore, Counsel (Short-term carers)