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Ministry of Social Development v BK [2017] NZDC 3648

Published 31 August 2017

Reasons judgment — permanent placement — Children Young Persons and Their Families Act 1989 — subsequent child — removal — United Nations Convention on the Rights of the Child. Before the child in this case was born all of her siblings had been removed from the mothers care. The Ministry of Vulnerable Children, Oranga Tamariki (the Ministry) intervened because of a severe history of family violence and a severe and chronic history of drug use. The Ministry asked the Court to declare that the newborn child is in need of care and protection on the basis that she was a "subsequent child" because the Court had determined that there was no realistic prospect of return of the other children to their mother's care. Whilst the mother wished to care for the child she accepted that family violence and drug use has led to the removal of her other children and until she can remain drug free she would not be in a position to look after the child. An order was made granting the Chief Executive of the Ministry the custody of the child pursuant to s 101 CYPFA. Judgment Date: 6 June 2017 * * * Note: Names have been changed to comply with legal requirements * * *