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.