HT & HK v Department of Communities, Child Safety and Disability Services
[2013] QCAT 571
| CITATION: | HT & HK v Department of Communities, Child Safety and Disability Services [2013] QCAT 571 |
| PARTIES: | HT & HK (Applicant) |
| V | |
| Department of Communities, Child Safety and Disability Services (Respondent) |
| APPLICATION NUMBER: | CML156-13 |
| MATTER TYPE: | Children’s matters |
| STAY HEARING DATE: | 10 September 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Gwenn Murray, Presiding Member Graham Quinlivan, Member Rocky Clifford, Member |
| DELIVERED ON: | 10 September 2013 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The Stay application for the review of the decisions of the respondent dated 23 May 2013 and 1 August 2013 is not granted. |
| CATCHWORDS: | CHILD PROTECTION - where kinship carers sought review of a decision to remove a child in their care – where the Department of Communities will issue a show cause letter with intension of cancelling kinship care certificate. |
APPEARANCES and REPRESENTATION (if any):
| APPLICANTS: | HT & HK by telephone Megan Quinn, Foster Care Queensland (in support) by telephone | ||
| RESPONDENT: | Noela Kelly A/Mananger, Nazanin Ilkhani Child Safety Officer, Narelle Burtenshaw Team Leader and Emma Rahemtula Court Services, Department of Communities, Child Safety and Disability Services North Rockhampton, by telephone. | ||
REASONS FOR DECISION
There is inconsistent evidence about SB’s care and development from various medical and health professionals. There is also information that HT did consult various medical specialists and General Practitioners about these matters on a regular basis. Whilst these matters will be ultimately determined at the final Hearing, at this time it is not in SB’s best interests to grant the stay of the department’s decision to remove and not return him to HT and HK.
Evidence provided to the Tribunal by the department is that SB is being well cared for by his current carer and his sibling SR is having respite in this placement. The department intends to place SR with this carer in the near future.
The Department is about to issue HT and HK with a ‘show cause’ letter with respect to their carer certificate. The Tribunal is mindful that returning SB in these circumstances would be disruptive if within a short period of time the ‘show cause’ letter results in HT and HK’s carer certificate being cancelled, rendering them no longer eligible to care for SB.
The application for a Stay of the department’s decisions of 23 May 2013 and 1 August 2013 to remove and not return SB to HT and HK is not granted.
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