Thesis abstract:

How do NSW Children's Court Magistrates decide whether children removed from family by the State should be restored to their parents or placed in long-term out-of-home care?

Under the Children and Young Persons (Care and Protection) Act 1998 at-risk children, removed from family and deemed in need of care, may be returned to their parents only if the court determines that there is a 'realistic possibility of restoration'. The legislation requires that decision-makers have regard to the circumstances of the child and any evidence that the parents are able to satisfactorily address the issues of concern. The research aims to thematically analyse the reasoning of the Court in determining this issue, within the wider context of legislative reforms, policy influences and shifts in approaches to child protection in New South Wales in recent years.

As most care & protection cases are not published, there is little existing research-based knowledge of the way the legislation is applied in practice. The project's methodology includes analysis of published and unpublished judgments, interviews with magistrates, and interviews with caseworkers and lawyers in the Department of Communities & Justice. The findings will have practical significance in helping inform caseworkers, lawyers, parents and families of the Court’s expectations for restoration, and potentially contribute to continuing developments in child protection law and policy.