AMS v The Department of Family and Community Services (No 2) [2013] NSWADT 311

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AMS v The Department of Family and Community Services (No 2) [2013] NSWADT 311 Hearing dates: 25 July 2013, 19, 20, 21 & 22 August 2013, 29 & 31 October 2013 and 1 November 2013 Decision date: 01 November 2013 Jurisdiction: Community Services Division Before: Hon G Mullane - Judicial Member Dr J Green - Non-Judicial Member Prof P FOREMAN - Non-Judicial Member Decision: 1. The decision of the Director-General of the Department of Family & Community Services to maintain the placement of Q with BND and BNP is confirmed. 2. The Tribunal recommends that the Department ensure that substantial contact is provided for Q with the members of the Applicant's household, especially his siblings P and L. Catchwords: Review of decision to place 3 year old black Anglo African child in long term foster care of white foster carers who have cared for him since 5 days after birth - Issues re proposals about African culture, Muslim religion, racism, benefits of placement in same household as brother and half-sister, and consequences for child of severing all his established attachments by moving him. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998; Administrative Decisions Tribunal Act 1997; Cases Cited: Commission For Children and Young People -v- V [2002] NSWSC 949; B Appellant Mother and R Respondent Father and the separate Representative [1995] FamCA 104 Category: Principal judgment Parties: AMS (Applicant) The Department of Family and Community Services (First Respondent) BNP (Second Respondent) BND (Third Respondent) The Child's Guardian Ad Litem (Fourth Respondent) AMT (Fifth Respondent) Representation: Counsel: Mr PJ Braine for the Applicant & the Fifth Respondent Mr PL Harper for the Department Ms E Pender for the Third and Fourth Respondents Mr S A Gardiner for the Child's Guardian Ad Litem Solicitors: McCabes Lawyers Pty Ltd, (First Respondent) Winn Legal, (Second & Third Respondents) File Number(s): 124031 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 applies