CS, aged 5 years 9 months, died by presumed drowning on 2 March 2017 in the Murray River, Moama NSW. His mother LS, who was mentally unwell and using ice, forcibly held him underwater. Multiple agencies—FACS, NSW and Victoria Police, mental health services, and corrections—failed to protect him. FACS had 7 reports of risk but closed the case days before the death. Police dismissed grandmother SJ's 3am report that the children were missing despite clear risk factors: LS's recent release from prison, history of violence and mental health issues, drug use, erratic behaviour, and SJ's expressed concerns she would take the children. Mental health and police responses lacked critical analysis of risk, failed to share information effectively, and did not escalate concerns appropriately. No formal missing persons report was made by police despite meeting the definition. Children were not named as protected persons on an ADVO despite exposure to domestic violence, which limited police options. Systemic failures in risk assessment, inter-agency communication, and failure to use available statutory powers contributed to the tragedy.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Mother released to parole without adequate risk assessment or home visit
FACS failed to escalate repeated ROSH reports despite identifying high risk
FACS case closed based solely on grandmother's (unverified) claim that mother signed over custody
Police dismissed grandmother's report of missing children at 3am without proper risk assessment
Police failed to make missing persons report despite children fitting definition
Children not named as protected persons on ADVO despite exposure to domestic violence
Mental health clinician failed to obtain corroborative information or contact FACS
Failure of mental health clinician to recognize signs of psychotic episode or assess risk to children
Victoria Police did not conduct welfare check on LS when sighted at shopping locations
Victoria Police closed event without continuing search after 4:15pm
Inaccurate information provided by ESTA dispatcher regarding location
No inter-agency communication between NSW and Victoria Police despite cross-border situation
Mother's parole breach (leaving NSW) not reported to police when she disappeared with children
No coordination between agencies holding relevant information about risk
Coroner's recommendations
NSW Police Commissioner: Add ADVO system features including alert regarding s.38 CDPV Act obligations and mandatory field for recording reasons not to include children as protected persons
NSW Police Commissioner: Review DV SOPs and training on significance of listing children as PINOPs
NSW Police Commissioner: Use case studies of CS death (de-identified) to train on significance of listing children as PINOPs
NSW Police Commissioner: Ensure critical analysis of missing persons reports including prompt enquiries, risk factor assessment, guidance on abduction definitions, risk assessment procedures for children removed from usual carer, and cautious approach for vulnerable persons
Victoria Police Chief Commissioner: Improve policies on missing persons when child removed from usual carer, access to risk assessment information, and cautious approach for vulnerable persons
Victoria Police Chief Commissioner: Use case studies emphasizing cumulative and holistic consideration of inter-agency information
ESTA: Use circumstances (anonymised) as training module highlighting importance of accurate CAD information
DCJ: Ensure training on significance of custody orders and ADVOs naming children as PINOP when child removed from usual carer
DCJ: Prepare simple fact sheet on custody and ADVO significance for employee training
DCJ: Ensure training on steps when child removed from residence including communication with police, interstate communication, risk assessment, and available orders
MLHD: Prepare written protocol for information transfer between Corrective Services NSW and MLHD re persons released from custody
MLHD: Provide Ministry of Health with submissions regarding protocol for information transfer between Corrective Services and Local Health Districts
MLHD: Review policies to emphasize need for practitioners to obtain collaborative/corroborative information and specify sources
MLHD: Introduce fact sheet regarding s.16A CYP Act and inter-agency information exchange
Catholic Education Office: Review Child Protection Policy to ensure mandatory reports to DCJ are followed by consideration of reporting to NSW Police
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