DCP has taken my child - Where can I get help - Nunga Babies Watch

DCP has taken my child

With thanks and appreciation to The Fotobase Group for their continued support in 2023 with the design and print of this booklet.

Who we are:

Nunga Babies Watch (NBW) is community focused and works together with Aboriginal families to ensure their voices are heard and their rights are respected when engaging or interacting with the Department of Child Protection (DCP) and relevant organisations and services.

We aim to make available to the community useful and empowering information, that supports self-determination, cultural connection, reunification and accountability.

• You are not alone, and your voice can be heard

• Know your Rights and what to expect

• Be informed, you can make a difference!

• Use accountability as a means to achieve positive outcomes

• Know your supports and who to reach out to

Nunga Babies Watch

Pat Waria-Read Committee Member Phone: 0420 562 841

Email: nungababieswatchsa@gmail.com

Introduction

This document Keeping Aboriginal Families Together was prepared for Aboriginal people who come into contact with the Department of Child Protection (DCP). At a traumatic time when there is a risk of DCP taking your child, important information is available that can support you and make a difference.

Knowing what may place your child at risk of being taken by DCP and processes involved can support better outcomes for Aboriginal parent(s), family and community.

Understanding what to expect from DCP can provide opportunity to move forward with accountability and importantly to ensure what is in the best interest of your child.

What can place your child at risk of being taken?

As a parent or caregiver, you have a responsibility to ensure your child is safe and cared for. If a child is not safe and cared for there are laws that allow child protection agencies to investigate.

If the Department of Child Protection receives a “notification” or report regarding the safety of your children, they have to investigate and make sure your children are OK.

A notification can be about your children experiencing or being at risk of abuse and neglect: this could be about things you have done, or not done, or things that someone else has done.

Even though your child may be well cared for, if you have a substance misuse problem or if your child witnesses family violence, you will place your child at risk of abuse and neglect.

What can you do?

• Contact a lawyer as soon as possible. Ensure the lawyer is informed about ATSICPP, Active Efforts and efforts you have made to address DCP concerns.

• Contact DCP, find out what’s happening, what they have done already, what ACCO (Aboriginal and Torres Strait Islander Community Controlled Organisation) are they engaging with, what is the next step, give DCP a time frame to respond.

• Let DCP know you will have a support person present and interpreter if needed.

• Find out what other ACCO’s facilitate Family Unity Meetings.

• Ask DCP what they are concerned about and in writing what you can do to address the concerns.

• The ACCO is your representative and integral to each Element of ATSICPP.

• Record every interaction you have with DCP, questions they were unable to answer, including who you spoke to, their role, what they said, date and time.

Family Unity Meeting – A recognised, independent ACCO that can facilitate a Family Unity Meeting between parent(s), family, DCP and service providers, for the purpose of addressing DCP concerns and formulating a plan to address the concerns raised.

What to expect from DCP involvement?

If you need help caring for your children, or if you are experiencing problems related to housing, mental or physical health, substance misuse or family violence that are affecting how you look after your children you can seek help to ensure your child is cared for and is safe.

Getting help can support you to avoid further involvement from the Department of Child Protection.

Engaging with support can make a difference and keep families together. See Contact List for Family Support and Service Providers.

Notifications:

• The Department of Child Protection (DCP) receives a reported suspicion of child abuse or neglect.

Response:

• After consideration of the Notification, DCP may choose to investigate with or without parental consent.

• DCP will investigate to decide if an intervention requires action to ensure the child’s care and protection.

• DCP will respond within 24 hours if immediate child protection is needed OR

• DCP will choose a different response, after assessment and investigation, if there is a more appropriate approach to address the risk to the child, which may involve discussions with the family, in regards to information reported and assistance to connect or reconnect to support services OR

• DCP will close the case if there is no evidence of child abuse or neglect and the child is assessed to be living in an environment that is safe.

Court:

• The parent must seek legal advice if required to undergo an assessment as the assessment outcome is critical to any further action by DCP. A notice detailing required assessments must be given to the parent.

• DCP will investigate to decide if an intervention requires action to ensure the child’s care and protection.

Case Management:

• DCP must ensure your child’s safety and wellbeing through this process. This may include supporting reunification, which may occur with a court order in place or if DCP decides to withdraw involvement if the parent can ensure the child’s safety and wellbeing.

• To make sure your child is safe and protected, DCP may seek a ‘Care and Protection Order’ from the Youth Court. This may be done after the child is removed if there is a serious risk of harm to the child and where there is no alternative.

• DCP court application must be made within 5 working days of the child being removed. Arrangements can be made for the child through a Family Group Conference.

• DCP must ensure your child is living in a safe and culturally appropriate placement if reunification is not possible, and connections to family, community and culture are sustained and ongoing.

Social workers responsibilities when engaging with Aboriginal and

Torres Strait Islander peoples

The following is the Australian Association of Social Workers (AASW) Code of Ethics Declaration and extract about the responsibilities of social workers as defined in the AASW Code of Ethics, published in 2020.

Declaration

Social workers acknowledge the Aboriginal and Torres Strait Islander peoples, their families and communities, the First Australians, whose lands, winds and waters we all now share, and pay respect to their unique values, and their continuing and enduring cultures that deepen and enrich the life of our nation and communities.

Social workers commit to acknowledge and understand the historical and contemporary disadvantage experienced by Aboriginal and Torres Strait Islander peoples. We work together in solidarity with them.

The AASW’s vision is to increase understanding across the Australian social work profession about the histories and culture of the First Australians, to celebrate their achievements and resilience, and to develop meaningful relationships founded on mutual respect.

“Working alongside Australian First Nations people: Social workers acknowledge the learnings, strengths, capacities, abilities and contributions that Aboriginal and Torres Strait Islander peoples make to the wider society as an integral part of social work knowledge and practice. We commit to working alongside First Nations Peoples recognising and supporting their rights and aspirations for self-determination.

We value the unique cultural knowledge and skills, knowledge systems, history, lived experience and community relationships of Aboriginal and Torres Strait Islander peoples, and strive to prioritise these in work with First Nations people. We actively seek guidance regarding service development and delivery from community members, mentors, advisors and recognised Elders and Aboriginal and Torres Strait Islander communities.

In particular we acknowledge and understand the impact of colonisation and the ongoing oppression and intergenerational trauma suffered by First Nations people. We commit to acting in partnership as agents of change and healing with education and training to develop appropriate skills and understandings.

We acknowledge the diversity of experience of Aboriginal and Torres Strait Islander cultures throughout Australia and value local knowledge of Indigenous nations. We emphasise that all parts of the Code of Ethics are relevant to working with Aboriginal and Torres Strait Islander peoples.”

DCP use of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP)

The South Australian Government Parliamentary Declaration states that the performance of functions in the administration and operation of the Children and Young People (Safety) Act 2017, be done in collaboration with, and with the co-operation of, children and young people and their families rather than simply being done to or for them.

Government and the Department of Child Protection (DCP) have laid the groundwork to approach Aboriginal child protection matters differently and must now demonstrate with accountability, the use of all 5 Elements of the Placement Principle and Active Efforts to bring about meaningful change that will ensure positive outcomes for Aboriginal parents, family and community.

ATSICPP is a guiding principle and sits at the heart of the Department of Child Protection’s Practice Approach. To apply ATSICPP, the Elements of the Placement Principle must be used to uphold and ensure what is in the best interest of the child.

ATSICPP

By Aboriginal people for Aboriginal people

The Aboriginal and Torres Strait Islander Child Placement Principle grass roots origins were developed in the 1970’s by Aboriginal people for Aboriginal people.

The history and intention of the Child Placement Principle is about keeping Aboriginal and Torres Strait Islander children connected to their family, community, culture and country.

Fundamental to the Principle is the recognition that Aboriginal and Torres Strait Islander peoples have the knowledge and experience to make the best decisions concerning their children.*

*Enhancing the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle - Policy and practice considerations www.aifs.gov.au

Elements of the Placement Principle:

Knowing what to expect can pave a way forward towards positive outcomes and support those involved. ATSICPP is an empowering tool and resource that can be used to measure accountability.

Prevention Protecting children’s rights to grow up in family, community and culture by redressing causes of child protection intervention.

Partnership Ensuring the participation of community, representatives in service design, delivery and individual case decisions.

Participation Ensuring the participation of children, parents and family members in decisions regarding the care and protection of their children.

Placement Placing children in out of home care in accordance with the established ATSICPP placement hierarchy: With Aboriginal and Torres Strait Islander relatives or extended family members, or other relatives and family members; or

With Aboriginal and Torres Strait Islander members of the child’s community; or with Aboriginal and Torres Strait Islander family based carers.

If the above preferred options are not available, as a last resort the child may be placed with a non-Indigenous carer or in a residential setting.

If the child is not placed according to the highest priority, the placement must be within close geographic proximity to the child’s family.

Connection Maintaining and supporting connections to family, community, culture and country for children in out of home care.

Active Efforts:

Aligned with each element, Active Efforts states that there is a requirement for statutory agencies to clearly document and articulate to the courts the Active Efforts taken prior to seeking an order to remove a child and place them into out of home care.

Demonstrated Active Efforts by DCP can provide a positive way forward. Undemonstrated DCP Active Efforts can also be held to account.

Prevention Families are provided with information on the culturally safe supports and services available to Aboriginal and Torres Strait Islander families.

Partnership Representatives of Aboriginal and Torres Strait Islander communities are resourced and enabled to participate in significant decisions for the care and protection of their children.

Placement Placements with non-Indigenous carers are regularly reviewed with a goal to reconnect children to placements with their Aboriginal and Torres Strait Islander kin.

Participation Families are provided opportunities to participate in Aboriginal family led decision making.

Connection Through scoping of family to identify culturally connected placements through Aboriginal and Torres Strait Islander agencies.

For Aboriginal parents, family and community, common and familiar complaints about the Department of Child Protection (DCP) in SA involve:

• Opportunistic behaviour by DCP to take a child.

• DCP appearing to do whatever they want, when they want with no accountability.

• DCP using disparities and injustices that exist between Aboriginal and non-Aboriginal people as a reason to take a child.

• No translator or support person present for an Aboriginal mum, who does not speak English as a first language, to explain DCP actions to take a child.

• Being left out of discussions regarding the child’s background and cultural bloodline links.

• An unwillingness to communicate and or engage with the parent and family.

• DCP practice that ensures disconnection from culture and identity.

• Being coerced and or bullied into signing Orders that are not agreed to or understood.

• Not being involved and having a voice at the table to determine best outcomes for the child(ren) and formulation of a reunification plan.

• No evidence to show adherence to the Aboriginal and Torres Strait Islander Child Placement Principle.

Make a Complaint to the Ombudsman SA

The South Australian Ombudsman is an independent officer who may be able to help with complaints regarding child protection matters. The Ombudsman can look into complaints and investigate possible misconduct.

If you have a complaint about the Department of Child Protection, you can contact the Ombudsman by phone, post, online or in person:

Ombudsman SA

Phone: (08) 8226 8699

Toll Free: 1800 182150 (outside metro SA only)

Post: PO Box 3651, Rundle Mall SA 5000

On-line forms: ombudsman.sa.gov.au

In person: Call (08) 8226 8699 to make an appointment to visit in person.

Statement to South Australian Parliament Round Table Forum

Statement on the taking of Aboriginal children

In response to significant and well documented, over-representation of Aboriginal children in out of home care as compared to non-Aboriginal children, Nunga Babies Watch in partnership with the Grannies Group demand that the South Australian government act immediately to introduce change that will keep Aboriginal children with family and or in kinship care.

1. We call on the South Australian government to give Aboriginal communities the independent right to make decisions for their families. We are the people who should be making the decisions about our children. Our decisions come from our communities and are based in cultural obligations, kinship care and spiritual connections. We have the knowledge to care for our families, especially our children.

2. The Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) must be accompanied by a ‘check list’ that shows the Department of Child Protection (DCP) working transparently and actively, using all ATSICPP Elements to place an Aboriginal child(ren) in kinship care. Children taken from our care by the DCP are at higher risk of losing their identity and cultural connections with their families and community. A loss of identity places our people at risk of entering the juvenile justice system, mental health systems and further incarceration over a lifetime.

3. Government legislation must ensure the DCP is not at risk of being opportunistic, coercive, discriminatory and racist and Social Workers abide by the AASW Code of Ethics and professional training. Decisions made by the DCP cause ongoing, inter-generational trauma. Our people continue to suffer the loss of babies and children, breaking family connections forever.

4. The Department of Child Protection must be held accountable by providing evidence to Aboriginal families that show legislated practises are enacted and implemented. We demand that the DCP actively implement all elements of the ATSICPP and associated Active Efforts.

5. Ambiguous wording used in proposed amendments by Rachel Sanderson, Minister for Child Protection, to the Children and Young People (Safety) Act related to a child’s ‘best interests’ and adoption must not be open to interpretation. We demand an end to the arbitrary taking of our children and their placement in non-indigenous settings. We are strongly and irrevocably opposed to the adoption of our children from non-kinship, out-of-home, residential care and or foster care. We do not want the ‘assimilation’ of our children to continue, nor do we want a silent continuation of the Stolen Generation.

6. An independent tribunal must be established whereby the DCP is held accountable for failure to implement government legislation and to ensure Aboriginal people have a voice. Interpreters and legal advice must be available and or present when decisions are made about the taking of our babies and children from non-English speaking Aboriginal people.

7. Without delay the Office for the Commissioner for Aboriginal Children and Young People must be given independent powers. We the Aboriginal community want our voice to be heard with respect and dignity of basic human rights in all matters affecting our lives. We know our people; we want the right to make decisions about our children by Aboriginal people for Aboriginal people.

8. We urge the South Australian government to implement a model practice similar to Victorian and Queensland governments who have aligned themselves by giving these rights to Aboriginal community. The time is now to work in partnership with forward thinking, to address a national crisis that is shining a spotlight on states that are bringing about change and those that are not.

* Nunga Babies Watch and the Grannies Group, 30 October 2021 Statement on the taking of Aboriginal children

* Statement presented to Parliament December 6th 2021

Speech to Parliament

by Pat Waria-Read

The speech below, by Pat Waria-Read, was delivered at Parliament House by Connie Bonaros, Member of the Legislative Council of South Australia, SA Best on Tuesday 21st February 2023.

Before settlement Aboriginal people had a voice, an ancient voice. Our voice has travelled through time, from the beginning.

Our Elders guide us with their wisdom and stories.

Our voice makes a difference!

But today our voice is not heard, we are not listened to, we are silenced.

The Voice in Government can stop on-going trauma, judgemental and racist behaviour towards our Aboriginal families and communities.

Our voice can stop our families and communities from being punished, keep our children from the juvenile justice system, the Department for Child Protection, out of prison and stop our unborn babies from being ‘red flagged’ and then taken.

Our voice can ensure our children remain with family, community and stay connected to culture. Keeping our children linked to their culture gives us hope for our future. Our children lie at the heart of who we are.

Our voice is our community. Our voice strengthens, heals and builds resilience in support of our health, safety and wellbeing.

The Voice in Government will be the voice of our communities, families and children.

The Voice will ensure the voices of our Aboriginal nations in SA are heard.

Our voice will be heard not silenced.

First Nations Voice to The South Australian Parliament

The First Nations Voice Bill 2023 will establish Australia’s first Voice to Parliament for First Nations people in South Australia.

Information provided by the Attorney-General’s Department www.agd.sa.gov.au

Background

The Government has committed to a state-based implementation of the Uluru Statement from the Heart, starting with a First Nations Voice to Parliament.

South Australia is the first state in Australia to establish a First Nations Voice to Parliament. This is an important step forward for Aboriginal and Torres Strait Islander people to have their voices heard, from the grassroots to the highest decision-makers in our state.

What is the Voice?

The First Nations Voice to Parliament will deliver a connected, direct and independent line of communication for Aboriginal and Torres Strait Islander people to South Australia’s Parliament and the government.

In Parliament, this will mean addressing bills of interest to First Nations people, making an annual address to Parliament and providing reports to Parliament.

South Australia’s First Nations Voice will be made up of several Local First Nations Voice bodies and a State First Nations Voice. The State Voice will be made up of two representatives from each Local First Nations Voice.

The Local First Nations Voice bodies will be elected. Aboriginal and Torres Strait Islander people will be able to vote for who they want to represent their community.

When will the Voice be implemented?

The Parliament has now passed the First Nations Voice legislation. The Electoral Commission of South Australia will set a date for the first South Australian Local Voice elections which will be held in 2023. At this election, Aboriginal and Torres Strait Islander people living in South Australia will be able to vote for who they want to represent them on their Local Voice.

Next steps

The Commissioner for First Nations Voice, Dale Agius, will be continuing to engage with community over the coming weeks, to share information on the model that has been passed by State Parliament. As planning for the first election of the Local First Nations Voices gets underway, more information will be provided on how to nominate and vote.

What can I do now?

If you are Aboriginal or Torres Strait Islander and living in South Australia, please check that you are on South Australia’s electoral roll and that your details are correct.

To check your enrolment details, go to: https://www.ecsa.sa.gov.au

How can I learn more?

To sign up for email updates, please send your email address to: voicetosaparliament@sa.gov.au

For more information go to: Facebook: @voicetosaparliament Website: www.agd.sa.gov.au

In a historic moment, on Sunday 26 March 2023, the South Australian Parliament passed the First Nations Voice Bill 2023. The Act establishes Australia’s first Voice to Parliament for First Nations people in South Australia.

Department of the Premier and Cabinet www.dpc.sa.gov.au

DCP Definitions of Child Abuse and Neglect

Aligned with each element, Active Efforts states that there is a requirement for statutory agencies to clearly document and articulate to the courts the Active Efforts taken prior to seeking an order to remove a child and place them into out of home care.

Demonstrated Active Efforts by DCP can provide a positive way forward. Undemonstrated DCP Active Efforts can also be held to account.

Abuse and Neglect

The act of harming a child or young person. Abuse may occur through an act (overt) or omission (covert i.e., failing to do something that ought to have been done) and could include physical, sexual, emotional, psychological abuse and/or neglect.

Harm

As per Section 17 of the Children and Young People (Safety) Act 2017, harm refers to physical harm or psychological harm (whether caused by an act or omission) and includes harm caused by sexual, physical, mental or emotional abuse or neglect. That is, harm is the negative physical and/or psychological impact of abuse.

Cumulative Harm

Cumulative Harm refers to the effects of multiple adverse or harmful circumstances and events in a child’s life.

Section 18 (3) of the Children and Young People (Safety) Act 2017 requires that the department consider the child and young person’s and family’s current circumstances, the history of their care and the likely cumulative effect of that history on the safety and wellbeing of the child or young person. In practice, this is referred to as cumulative harm.

Risk of Harm

The likelihood of future harm occurring, based on the presence of risk factors.

DCP Definitions of Child Abuse and Neglect

At Risk

Under s. 18 of the Children and Young People (Safety) Act 2017 a child or young person will be taken to be at risk if:

They have suffered harm (being harm of a kind against which a child or young person is ordinarily protected); or

There is a likelihood that the child or young person will suffer harm (being harm of a kind against which a child or young person is ordinarily protected); or

The parents or guardians of the child or young person - are unable or unwilling to care for the child or young person; or

Have abandoned the child or young person, or cannot, after reasonable inquiry, be found; or are dead; or

The child or young person is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or

The child or young person is of no fixed address.

*Refer to the Children and Young People (Safety) Act 2017 for further information

Further

References

• Family Matters South Australia Community Resource 2019 Responding to Child Protection Issues www.familymatters.org.au

• DCP Practice Approach (Google) Assessment Framework for Stakeholders www.childprotection.sa.gov.au

• Every effort for every child South Australia’s strategy for children and young people in care 2020-2023 Advocacy and support www.childprotection.sa.gov.au

• Specialist practice resource, Victoria Human Services 2012 Cumulative Harm-Best Interests case practice model.

• Legal Services Commission of South Australia Protection of children and young people www.lawhandbook.sa.gov.au

• Enhancing the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle, Policy and Practice Considerations aifs.gov.au Tilbury, C., Burton, J., Sydenham, E., Boss, R., & Lauw, T. (2013).

• Aboriginal and Torres Strait Islander Child Placement Principle: Aims and core elements. Melbourne: Secretariat of National Aboriginal and Islander Child Care (SNAICC).

• SNAICC - The Aboriginal and Torres Strait Islander Child Placement Principle: A Guide to Support Implementation (2018) www.snaicc.org.au

• National Agreement on Closing the Gap Aims to hold governments accountable to reforming their systems in a way that will achieve better outcomes for Aboriginal and Torres Strait Islander children and their families www.absec.org.au

• VACCA Guiding Principles. www.vacca.org

• Wellmob www.wellmob.org.au

• SA Aboriginal Community Controlled Organisations Network www.dpc.sa.gov.au

• Aboriginal experts to pave the way forward in SA www.childprotection.sa.gov.au

• Australian Association of Social Workers Code of Ethics www.aasw.asn.au