Department of Child Safety, Youth & Women & Comar

The parties to this proceeding were the Department of Child Safety, Youth & Women and a child, referred to as Comar, represented by their litigation guardian. The dispute concerned an application by the Department for orders under the *Child Protection Act 1999* (Qld) that Comar be placed under the long-term care of the Department. The matter came before Carew J of the Supreme Court of Queensland.

The central legal issue before the Court was whether the Department had discharged its onus of proving, on the balance of probabilities, that Comar should be made subject to a long-term care order. This required the Court to consider the evidence presented by the Department regarding Comar's best interests, including the proposed care arrangements and the reasons for seeking such an order.

Carew J applied the principles enshrined in the *Child Protection Act 1999* (Qld), particularly those relating to the paramountcy of the child's best interests. The Court carefully weighed the evidence, considering the Department's submissions and the material before it. The Judge's reasoning focused on whether the evidence established that the proposed long-term care order was necessary and in Comar's best interests, having regard to the statutory criteria.

The Court made orders that Comar be placed under the long-term care of the Department of Child Safety, Youth & Women.