Out-of-home care, contact orders and infant mental health : Recognising a unique developmental stage in law, policy and practice

Journal article


Gregory-Wilson, Rachel, Handsley, Elizabeth, Spencer, Liesel and Raeburn, Toby. (2024). Out-of-home care, contact orders and infant mental health : Recognising a unique developmental stage in law, policy and practice. University of New South Wales Law Journal. 47(1), pp. 68-104. https://doi.org/10.53637/GNMD3155
AuthorsGregory-Wilson, Rachel, Handsley, Elizabeth, Spencer, Liesel and Raeburn, Toby
Abstract

Child protection legislation in New South Wales (‘NSW’) has the advancement of the best interests of the child as a fundamental objective. This article argues that advancing the best interests of one group of children – infants (ie, children under 12 months of age) – involves recognising needs that are so distinct and important that infants should be treated as a discrete category of children under all legal instruments, including the Convention on the Rights of the Child and child protection legislation. The article examines how the status of ‘infancy’ influences contact orders for infants in out-of-home care (‘OOHC’) in the NSW jurisdiction and proposes law reform to recognise the unique developmental status and vulnerabilities of infants who are placed in OOHC. The lack of legal identification and regulation specific to infants as a sub-category in existing legal frameworks represents a deficit in the child protection regime; the best interests of infants require unique legal protection.

Year2024
JournalUniversity of New South Wales Law Journal
Journal citation47 (1), pp. 68-104
PublisherFaculty of Law, University of New South Wales
ISSN0313-0096
Digital Object Identifier (DOI)https://doi.org/10.53637/GNMD3155
Scopus EID2-s2.0-85200468261
Open accessOpen access
Page range68-104
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2024
Publication process dates
Deposited06 May 2025
Additional information

Bronze open access.

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