DFaCS (NSW) re Day [2012] NSWChC 14

DFaCS (NSW) re Day [2012] NSWChC 14

The children remained in need of care and protection and there was no realistic possibility of restoration to their parents. Although placement with Noel Day would have some positive features and might otherwise be less intrusive, the accumulation of risk factors, including his history of violence and criminality, lack of insight into the mother's conduct and risk, dysfunctional family relationships, and the children's specialised needs, would expose the children to an unacceptable risk of harm. That risk outweighed the potential benefits and meant placement with Noel Day would be insufficient to meet the children's needs. The Director-General's permanency plan, including placement...

Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Care and Protection Proceedings / Final Care Orders
Outcome
Final care orders made allocating parental responsibility for Anna Day, Tammy Barrio-Day and Tim Day-Fowler to the Minister until each child turns 18; permanency plan approved; contact left to the Director-General's discretion.
Legal Topics
['parental Responsibility' 'permanency Planning' 'out of Home Care' 'contact Arrangements' 'aboriginal Child Placement Principles' 'unacceptable Risk of Harm']
['care and Protection' 'children Law'] ['parental Responsibility' 'permanency Planning' 'out of Home Care' 'contact Arrangements' 'aboriginal Child Placement Principles' 'unacceptable Risk of Harm']

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Procedural Posture

Care and Protection Proceedings / Final Care Orders

Legal Issues

  1. 1 ['Whether sole parental responsibility for Anna, Tammy and Tim should be allocated to the Minister until each child turns 18.' 'Whether the children should instead be placed with their maternal uncle, Noel Day, with parental responsibility later allocated to him.' "Whether the Director-General's permanency planning, including placement and contact, had been appropriately and adequately addressed." "Whether proposed contact arrangements should be determined by the Court or left to the Director-General's discretion."]

Ratio Decidendi

The children remained in need of care and protection and there was no realistic possibility of restoration to their parents. Although placement with Noel Day would have some positive features and might otherwise be less intrusive, the accumulation of risk factors, including his history of violence and criminality, lack of insight into the mother's conduct and risk, dysfunctional family relationships, and the children's specialised needs, would expose the children to an unacceptable risk of harm. That risk outweighed the potential benefits and meant placement with Noel Day would be insufficient to meet the children's needs. The Director-General's permanency plan, including placement...

Court Disposition

Final care orders made allocating parental responsibility for Anna Day, Tammy Barrio-Day and Tim Day-Fowler to the Minister until each child turns 18; permanency plan approved; contact left to the Director-General's discretion.

Orders

  • ['Anna Day is to be placed under the parental responsibility of the Minister until she turns 18.' 'Tammy Barrio-Day is to be placed under the parental responsibility of the Minister until she turns 18.' 'Tim Day-Fowler is to be placed under the parental responsibility of the Minister until she turns 18.' 'The...