UI & UJ v Minister for Community Services [2006] NSWADT 16

UI & UJ v Minister for Community Services [2006] NSWADT 16

The correct and preferable decision, having paramount regard to the safety, welfare and well-being of the children, and applying the Aboriginal Child Placement Principle as set out in the Children and Young Persons (Care and Protection) Act 1998, is to affirm the decision to remove the children from the Applicants’ care. Despite the quality of care and secure attachments in the Applicants’ home, the long-term interests of the children, including cultural identity and connectedness to the Aboriginal community, are best served by their placement with approved Aboriginal carers. The evidence established a real risk of identity issues and placement breakdown should the children remain with...

Jurisdiction
Australia
Judgment Date
18 January 2006
Procedural Posture
Administrative Law – Child Protection Review / Review of Administrative Decision by Tribunal
Outcome
The decision to remove the subject children is affirmed.
Legal Topics
['aboriginal Child Placement Principle' 'children in Out of Home Care' 'review of Removal From Foster Care' 'cultural Identity and Child Welfare']
['administrative Law' 'child Protection' 'family Law'] ['aboriginal Child Placement Principle' 'children in Out of Home Care' 'review of Removal From Foster Care' 'cultural Identity and Child Welfare']

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Procedural Posture

Administrative Law – Child Protection Review / Review of Administrative Decision by Tribunal

Legal Issues

  1. 1 ['Whether the decision to remove Aboriginal children from non-Aboriginal carers and place them with Aboriginal carers is the correct and preferable decision under the Children and Young Persons (Care and Protection) Act 1998 and Aboriginal Child Placement Principle' 'Whether the placement is in the best interests and welfare of the children']

Ratio Decidendi

The correct and preferable decision, having paramount regard to the safety, welfare and well-being of the children, and applying the Aboriginal Child Placement Principle as set out in the Children and Young Persons (Care and Protection) Act 1998, is to affirm the decision to remove the children from the Applicants’ care. Despite the quality of care and secure attachments in the Applicants’ home, the long-term interests of the children, including cultural identity and connectedness to the Aboriginal community, are best served by their placement with approved Aboriginal carers. The evidence established a real risk of identity issues and placement breakdown should the children remain with...

Court Disposition

The decision to remove the subject children is affirmed.

Orders

  • ['The decision to remove the children is affirmed.']