Department of Communities and Justice (DCJ) and BEECH [2019] NSWChC 9

Department of Communities and Justice (DCJ) and BEECH [2019] NSWChC 9

The balance of expert evidence, consideration of the child's Aboriginal identity, and the cumulative weight of practical and relational factors tip the decision in favour of placement with the paternal grandparents as the least intrusive, most stable, and culturally supportive option, thereby satisfying the requirements of the Care Act and permanency planning.

Parties
Applicant: The Secretary; Potential Carer: Maternal grandfather; Potential Carer: Maternal great-grandmother; Potential Carer: Paternal grandparents; Subject Child: The child
Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Care and Protection / Final Orders
Outcome
Preferred placement of child is with the paternal grandparents; permanency planning approved.
Legal Topics
Care and Protection, Permanency Planning, Aboriginality, Placement of Child
Child Law Care and Protection Permanency Planning Aboriginality Placement of Child

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Parties

The Secretary

Applicant

Maternal grandfather

Potential Carer

Maternal great-grandmother

Potential Carer

Paternal grandparents

Potential Carer

The child

Subject Child

Procedural Posture

Care and Protection / Final Orders

Legal Issues

  1. 1 What is the appropriate permanent placement for the child having regard to the requirements under the Children and Young Persons (Care and Protection) Act 1998?
  2. 2 Does the proposed permanency planning for the boy adequately and appropriately address his needs, especially cultural identity and connection?

Ratio Decidendi

The balance of expert evidence, consideration of the child's Aboriginal identity, and the cumulative weight of practical and relational factors tip the decision in favour of placement with the paternal grandparents as the least intrusive, most stable, and culturally supportive option, thereby satisfying the requirements of the Care Act and permanency planning.

Court Disposition

Preferred placement of child is with the paternal grandparents; permanency planning approved.

Orders

  • Final orders per Minute of Order: Placement of the boy with paternal grandparents, with an addendum to the Care Plan to be provided within seven days regarding contact arrangements.