Re Reuben [2018] NSWSC 143

Re Reuben [2018] NSWSC 143

Reuben was a ten-year-old child at serious risk of harm from lack of supervision, homelessness, exposure to domestic violence, drug use and sexual offenders, medical and educational neglect, his own risk behaviours and illegal drug use, and there was no safe community-based option likely to protect him or engage him in treatment and education. Because parental responsibility remained with his parents, the Court first made him a ward and delegated parental responsibility to the Minister, then made interim secure accommodation orders as necessary and in Reuben's best interests notwithstanding the deprivation of liberty involved.

Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Application in the Court's Inherent Parens Patriae Jurisdiction for Wardship, Delegation of Parental Responsibility and Secure Accommodation Orders / Ex Parte Application in the Duty Judge List; Interim Orders Pending Further Order
Outcome
Application granted; interim wardship, parental responsibility and secure accommodation orders made.
Legal Topics
['wardship' 'parental Responsibility' 'secure Accommodation' 'risk of Significant Harm' 'child Welfare']
['equity' 'child Protection' 'parens Patriae Jurisdiction'] ['wardship' 'parental Responsibility' 'secure Accommodation' 'risk of Significant Harm' 'child Welfare']

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Procedural Posture

Application in the Court's Inherent Parens Patriae Jurisdiction for Wardship, Delegation of Parental Responsibility and Secure Accommodation Orders / Ex Parte Application in the Duty Judge List; Interim Orders Pending Further Order

Legal Issues

  1. 1 ['Whether Reuben should be made a ward of the Court pending further order.' 'Whether parental responsibility for Reuben should be delegated to the Minister for Family and Community Services pending further order.' 'Whether secure accommodation orders should be made for Reuben despite the serious incursion on personal liberty.' 'Whether evidence and orders should be served on the parents in redacted form at this stage.']

Ratio Decidendi

Reuben was a ten-year-old child at serious risk of harm from lack of supervision, homelessness, exposure to domestic violence, drug use and sexual offenders, medical and educational neglect, his own risk behaviours and illegal drug use, and there was no safe community-based option likely to protect him or engage him in treatment and education. Because parental responsibility remained with his parents, the Court first made him a ward and delegated parental responsibility to the Minister, then made interim secure accommodation orders as necessary and in Reuben's best interests notwithstanding the deprivation of liberty involved.

Court Disposition

Application granted; interim wardship, parental responsibility and secure accommodation orders made.

Orders

  • ['Pending further order, the child known as "Reuben" be made a ward of the Court.' 'Pending further order, parental responsibility for "Reuben" be delegated to the Minister for Family and Community Services.' 'Secure accommodation orders as per short minutes of order until 5pm on 16 February 2018.' 'Pending further...