Published 25 May 2017
Subsequent child — care and protection — whether a family group conference was required — whether the court is able to determine prospect of children being returned to the care of their parent — jurisdiction of the Family Court — Children, Young Persons, and their Families Act 1989, ss 14, 18A to 18D and 67 — Children, Young Persons and their Families (Vulnerable Children) Act 2014 — Family Court Rules 2002, rr 13,15, 23, 24 and 276. The court determined the appropriate process for the declaration of a child as in need of care and protection where that child was a 'subsequent child'. No process was expressly laid out in regards to a process for determination as to whether there was a realistic prospect of the children being returned to the care of their parent. The court did not consider the failure to provide a process for dealing with a s 18B determination to be deliberate or an indication that due process was not required. The court turned to the Family Court rules and found that, given the significance of a determination made under s 18B, it would be inconsistent to address the matter in a more informal way that decisions of less significance. The court set out a process to be followed where a s 18B determination is sought, and a remedy for the defect in not following the process in this case. It was further found that it is desirable that a Family Group Conference take place before determination was made. Judgment Date: 4 April 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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