In the matter of E [2010] JRC 060 (22 March 2010)

In the matter of E [2010] JRC 060 (22 March 2010)

On the balance of probabilities, C was exposed to heroin and methadone through culpable neglect while in the care of A and/or B, and the family home was an environment where drugs and drug paraphernalia were present, with evidence of drug trafficking by B.

Citation
[2010] JRC 060
Parties
Applicant: Minister; Respondent: A; Respondent: B; Child: C; Witness: F; Other: D
Jurisdiction
Jersey
Judgment Date
22 March 2010
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of fact established regarding drug exposure, parental neglect, presence of drugs and trafficking, and domestic violence.
Legal Topics
Drug Exposure, Parental Neglect, Domestic Violence, Child Welfare, Evidence Standards
Family Law Child Protection Drug Exposure Parental Neglect Domestic Violence Child Welfare Evidence Standards

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Parties

Minister

Applicant

A

Respondent

B

Respondent

C

Child

F

Witness

D

Other

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 How and when did methadone and heroin enter C's body?
  2. 2 Was the administration of drugs intentional or negligent?
  3. 3 Was C exposed to drugs and drug paraphernalia in the family home?

Ratio Decidendi

On the balance of probabilities, C was exposed to heroin and methadone through culpable neglect while in the care of A and/or B, and the family home was an environment where drugs and drug paraphernalia were present, with evidence of drug trafficking by B.

Court Disposition

Findings of fact established regarding drug exposure, parental neglect, presence of drugs and trafficking, and domestic violence.