Director General of the Department of Community Services and Timms (aka Black)

The Director-General of the Department of Community Services (the Director-General) sought to appeal a decision of the Children's Court of New South Wales, which had refused to make an order for the permanent care of a child, T, under section 90 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW). The respondent was T's maternal grandmother, Ms Timms (aka Black). The Director-General's application for permanent care was based on allegations of neglect and abuse by T's mother, which had led to T being placed in the Director-General's care. The Children's Court had found that while the allegations against the mother were substantiated, it was not in T's best interests to make a permanent care order, and instead ordered that T remain in the care of the Director-General with a view to placement with Ms Timms.

The primary legal issue before the Supreme Court of New South Wales was whether the Children's Court had erred in law in refusing to make the permanent care order. Specifically, the court considered whether the Children's Court had given sufficient weight to the Director-General's evidence regarding the mother's ongoing unsuitability to care for T, and whether it had adequately considered the long-term welfare and best interests of the child in light of the available evidence. The Director-General argued that the Children's Court had failed to properly apply the principles of the *Children and Young Persons (Care and Protection) Act 1998* (NSW) when assessing the permanency of T's placement.

Justice Le Poer Trench found that the Children's Court had not erred in law. His Honour noted that the Children's Court had considered all the evidence presented, including the allegations against the mother and the Director-General's assessment of T's needs. The Children's Court was entitled to conclude, based on the evidence before it, that while the mother's conduct was concerning, a permanent care order was not the most appropriate outcome for T at that time. The court's decision to maintain T in the Director-General's care with a view to placement with Ms Timms reflected a considered assessment of T's best interests, balancing the need for stability with the potential for future rehabilitation or alternative care arrangements.

The application filed by the Director-General on 20 June 2007 was dismissed.