Department of Family and Community Services re Kylie [2012] NSWChC 20

Department of Family and Community Services re Kylie [2012] NSWChC 20

There has been no significant change in the relevant circumstances to warrant granting leave to rescind the July 2011 care orders; the self-placement by Kylie, without genuine progress by her mother in addressing prior concerns (domestic violence, drug use, supervision), and without completion of necessary programs or evidence of a realistic possibility of restoration, does not meet the threshold required under s 90 of the Act.

Jurisdiction
Australia
Judgment Date
08 May 2012
Procedural Posture
Care and Protection / Application for Leave to Rescind Final Care Orders Under S 90 of the Children and Young Persons (care and Protection) Act 1998
Outcome
Leave to rescind refused
Legal Topics
['restoration of Parental Responsibility' 'significant Change in Circumstances' 'permanent Care Orders' 'self Placement of a Young Person' 'parental Fitness' 'section 90 Leave Applications']
['family Law' 'child Welfare' 'care and Protection'] ['restoration of Parental Responsibility' 'significant Change in Circumstances' 'permanent Care Orders' 'self Placement of a Young Person' 'parental Fitness' 'section 90 Leave Applications']

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Procedural Posture

Care and Protection / Application for Leave to Rescind Final Care Orders Under S 90 of the Children and Young Persons (care and Protection) Act 1998

Legal Issues

  1. 1 ['Whether self-placement of Kylie with her mother constitutes significant change in relevant circumstances under s 90 of the Act' 'Whether there have been significant changes in drug use, domestic violence, or mother-daughter relationship since previous orders' 'Implications of failing placements and permanency planning for granting leave to rescind orders' 'Role and interpretation of ss 135, 136, and 137 regarding out-of-home care']

Ratio Decidendi

There has been no significant change in the relevant circumstances to warrant granting leave to rescind the July 2011 care orders; the self-placement by Kylie, without genuine progress by her mother in addressing prior concerns (domestic violence, drug use, supervision), and without completion of necessary programs or evidence of a realistic possibility of restoration, does not meet the threshold required under s 90 of the Act.

Court Disposition

Leave to rescind refused

Orders

  • ['Application for leave to rescind the final care orders of 7 July 2011 is dismissed.' 'Parental responsibility for Kylie remains with the Minister until she attains the age of eighteen.']