Lawyers for two South Australian girls who were removed from their parents over a gluten intolerance have told the District Court that one of them was sexually assaulted while in state care.
The Adelaide-based family is suing the state government, claiming Department for Child Protection (DCP) staff trespassed and falsely imprisoned their two children for five months in 2017.
David Blyth, for the family, submitted to the court that his clients wanted to broaden their allegations against DCP to include a sexual assault.
"[One of the girls] has raised an issue of being sexually assaulted while in state care," he said.
"Given her very young age, it's a sensitive and difficult issue to take instructions on – we have not formally done that yet."
Mr Blyth told the court the girl was currently seeking treatment for the abuse.
The court was also told that DCP was yet to file its defence to the case.
Girls removed soon after diagnosis
Court documents reveal doctors confirmed the youngest daughter was diagnosed with a "non-coeliac gluten intolerance" when she was three years old and needed to consume a gluten-free diet.
It stated her parents informed her kindergarten that she needed a special diet, but it led to the kindergarten notifying DCP about her low appetite.
Both girls were removed from their parents care two days later.
"Following the removal, at the direction of the state government, the girl was placed on a gluten-containing diet [and] as a consequence, she became increasingly ill," documents stated.
The documents stated child psychiatrist Jon Jureidini diagnosed the girl's mother with Munchausen syndrome by proxy — a form of child abuse where a parent causes symptoms to make it appear their child is sick.
But paediatric gastroenterologist David Moore found it was "reasonable" for the parents to place their daughter on a gluten-free diet, which was backed up by another independent doctor in September 2017.
The children were then returned to their parents later that month after former South Australian senator Nick Xenophon asked DCP to review the case.
The parents claim DCP failed to investigate the girl's medical condition before removing her.
