Department of Communities and Justice (DCJ) and Jake [2020] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Jake [2020] NSWChC 2 Hearing dates: 10 March 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Care and protection Before: Children's Magistrate Hayes Decision: The Court directs the Secretary to prepare a different permanency plan Catchwords: Care and protection – Short term orders – Permanency principles - Adoption Legislation Cited: Children's and Young Persons (Care and Protection Act 1987 Cases Cited: The Secretary of the Department of Communities and Justice (DCJ) and the Stonsky Children [2019] NSWChC 8 Department of Communities and Justice (DCJ) and Teddy [2020] NSWChC 1 Category: Procedural and other rulings Parties: The Secretary The Mother (Not engaged) The Father (Not engaged) The Child Representation: Ms Askew, solicitor for the Secretary Ms Forshaw, solicitor for the child as the Independent Legal Representative File Number(s): 2019/00274605 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties

JUDGMENT

Background 1. These proceedings concern Jake, 7 months old. 2. Shortly after birth, Jake was admitted to the Neonatal Intensive Care Unit with breathing difficulties. Urinalysis and meconium tests detected methamphetamine and metabolite. 3. Earlier that day, the father had requested an ambulance because the mother had complained of abdominal pain, vaginal discharge and stomach cramping. 4. On ambulance arrival, the mother had left and was located 30 minutes later. Paramedics observed that the mother was heavily pregnant and had not received any ante natal care nor had seen a doctor during the pregnancy. Her hygiene level was observed to be very poor; she appeared to be substance affected and erratic. Police found an ice pipe in her car along with multiple syringes and half a bottle of rum. 5. Care proceedings were commenced on 3 September 2019. That day, Jake was placed in a kinship foster care placement with the proposed adoptive parents, Patrick and Anthony. 6. The mother and father have not participated in the Care proceedings. 7. On 4 September 2019 the Children's Court made an interim order allocating all aspects of Parental Responsibility (PR) to the Minister. 8. On 2 October 2019 the Children's Court found Jake was in need of care and protection and the matter was established. 9. On 15 January 2020 the Secretary filed a Care Plan pursuant to s 78 of the Children and Young Persons (Care and Protection) Act 1998 (the Care Act). An addendum was filed on 13 February 2020. 10. The Secretary's assessment is that there is no realistic possibility of restoration of the child to the parents within a reasonable period, having regard to the evidence that the parents are unlikely to be able to satisfactorily address the issues that led to the removal of the child. Issues include homelessness, mental illness, substance abuse problems, domestic violence, lack of ante natal care and limited insight into child protection concerns. 11. The Independent Legal Representative (ILR) supports the Secretary's assessment but was not satisfied with the permanency planning. The matter was set down for hearing on 10 March 2020. 12. At hearing, the matter proceeded by way of evidence filed and submissions made. The Court accepted the assessment of the Secretary, finding that there is no realistic possibility of restoration to either parent within a reasonable period. 13. The Court then considered alternative placement as part of the permanency planning. The Court adjourned the matter to 18 March 2020 for decision.