DFaCS and Boyd [2013] NSWChC 9

Children's Court New South Wales

Medium Neutral Citation: DFaCS and Boyd [2013] NSWChC 9 Hearing dates: 5 July and 13 September 2013 Decision date: 13 September 2013 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: No realistic possibility of restoration to the parents; permanency planning not approved because of the inadequacy of the cultural plan Catchwords: CHILDREN - Care and Protection - Aboriginal baby assumed into care at birth - whether a realistic possibility of restoration existed - allocation of parental responsibility - permanency planning - inadequacy of cultural plan Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: DFaCS re Oscar [2013] NSW ChC 1 DFaCS re Gail and Grace [2013] NSWChC 4 Category: Interlocutory applications Parties: Director-General for the Department of Family and Community Services (NSW) - (DFaCS) Kylie (Mother) Phillip (Father) Eva (Maternal step aunt) James (Maternal uncle) Boyd (the Child) Representation: Mr N Amos, solicitor for the Director-General Ms N Shepherd, solicitor for the mother Dr P Antonuccio, solicitor for the father Mrs K Wooi, solicitor for the child File Number(s): 2013/406 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties

Judgment

Introduction 1The Director-General of the Department of Family and Community Services, DFaCS, seeks final care orders under the Children and Young Persons (Care and Protection) Act 1998 (the Care Act) in respect of Boyd, a 1 year old baby. 2The baby's mother is Kylie, (25). The father is Phillip, (32). The baby is identified as Aboriginal. 3Shortly after the baby was born, he was assumed into care by the Department under s 106A of the Care Act following which the Children's Court made interim orders placing him under the parental responsibility of the Minister until further order. On 13 September 2012, the Children's Court determined that the baby was in need of care and protection, pursuant to s 71 of the Care Act. 4The Department prepared a Care Plan in which the Director-General has made an assessment that there is no realistic possibility of restoration of the baby to his parents and proposes by way of permanency planning that he be placed in out-of-home care till the age of eighteen.