Application for declaration that a child is in need of care and protection — mental health — whether needs of children can be met by other means — transience — drug use — whether parents can safely care for child — Oranga Tamariki Act 1989, ss 5, 13, 14, 67, 70, 72 & 73 — United Nations Conventions on the Rights of the Child — R v Chief Executive of Ministry of Social Development HC Auckland CIV-2009-404-1523 — Director-General of Social Welfare v G FC New Plymouth FP043/16/92. The court was asked to declare that the child was a person in need of care and protection. The parents of the child both had significant mental health concerns, had no fixed abode and had little family support. The court noted concerns around the mother's inability to distinguish genuine health concerns in her child, as on previous occasions she had failed to do so with her other children. The mother's mental health concerns had caused her other children to be removed from her care, and the court had reservations about the mental health of the father as, although no formal diagnosis had taken place, the medical evidence was inconclusive. The court also expressed concerns about the parents' lack of stable accommodation and the availability of suitable facilities for caring for a child. It was also found that both parents demonstrated a lack of ability to plan appropriately or identify risks for the baby. Another key concern for the court was the father's antipathy towards the Ministry and Government agencies. Considering all of the issues together, the court found that a declaration was required and that there was no other option available to the court as no viable proposal had been put to the court. The court declined to grant a declaration under s 14 of the Act, however a declaration was made under s 67 that the child was in need of care and protection. Judgment Date: 30 October 2017. * * * Note: Names have been changed to comply with legal requirements * * *