Director General, Department of Family and Community Services; Re Vernon [2011] NSWSC 1222

Director General, Department of Family and Community Services; Re Vernon [2011] NSWSC 1222

It is within the Court’s parens patriae jurisdiction to authorise orders permitting restraint and medication of a child in care where such actions exceed ordinary parental powers and are necessary for his welfare; the orders sought are in Vernon's interests given his history and current care needs.

Parties
First Plaintiff: Director General, Department of Family and Community Services; Second Plaintiff: Minister for Family and Community Services; Child Subject of Proceedings: Vernon
Jurisdiction
Australia
Judgment Date
14 September 2011
Procedural Posture
Principal Judgment / Application for Orders Regarding Care and Management of Child
Outcome
orders made as sought by the plaintiffs
Legal Topics
Parens Patriae Jurisdiction, Orders for Care of Child, Authorisation of Restraint and Medication, Scope of Parental Power
Family Law Child Welfare Parens Patriae Jurisdiction Orders for Care of Child Authorisation of Restraint and Medication Scope of Parental Power

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Parties

Director General, Department of Family and Community Services

First Plaintiff

Minister for Family and Community Services

Second Plaintiff

Vernon

Child Subject of Proceedings

Procedural Posture

Principal Judgment / Application for Orders Regarding Care and Management of Child

Legal Issues

  1. 1 Whether the Court has jurisdiction under parens patriae to make orders enabling the restraint and medication of a child in care
  2. 2 Whether such orders are in the best interests of the child given the child’s circumstances

Ratio Decidendi

It is within the Court’s parens patriae jurisdiction to authorise orders permitting restraint and medication of a child in care where such actions exceed ordinary parental powers and are necessary for his welfare; the orders sought are in Vernon's interests given his history and current care needs.

Court Disposition

orders made as sought by the plaintiffs

Orders

  • Child (Vernon) to be placed in the care of a different institution as per Department plan
  • Department granted authority to restrain and medicate Vernon as required while in care of new institution