” We are aware that this Inquiry was called in the wake of recent media coverage relating to the issue of adoption of Aboriginal children, including the Minister’s own comments that adoption policies should be changed to allow more Aboriginal children to be adopted by non-Aboriginal families.

AMSANT would like to emphasise the importance of informed discussion on this issue and draws the Committee’s attention to the following, put forward in March of this year as part of a joint statement from Aboriginal and Torres Strait Islander leaders in response to media coverage:

We need to have a more rational and mature discussion aimed at achieving better social, community, family and individual outcomes for all Aboriginal and Torres Strait Islander children and young people. We must work to ensure that the drivers of child protection intervention are addressed, rather than continuing with a poorly designed and resourced system that reacts when it’s too late, after families have already reached breaking point and children have been harmed1

See Full AMSANT Submission Part 2 Below

Part 2 AMSANT submission to The Standing Committee on Social Policy and Legal Affairs: Inquiry into local adoption

AMSANT welcomes the opportunity to provide a submission to the Inquiry into Local Adoption. As the peak body for the community controlled Aboriginal primary health care sector in the Northern Territory AMSANT advocates for equity in health, focusing on supporting the provision of high quality comprehensive primary health care services for Aboriginal communities.

This submission provides an overview of AMSANT’s position in relation to Aboriginal children in Child Protection, including Out of Home Care (OOHC) and potential adoption, and also responds directly to Terms of Reference 1 and 2 of the Inquiry.

Overview

AMSANT embraces a social and cultural determinants of health perspective which recognises that health and wellbeing are profoundly affected by a range of interacting economic, social and cultural factors. Accordingly, we advocate for a holistic and child-centred approach to Child Protection that seeks first and foremost to address the underlying causes of abuse and neglect through prevention and early intervention.

We are aware that this Inquiry was called in the wake of recent media coverage relating to the issue of adoption of Aboriginal children, including the Minister’s own comments that adoption policies should be changed to allow more Aboriginal children to be adopted by non-Aboriginal families.

AMSANT would like to emphasise the importance of informed discussion on this issue and draws the Committee’s attention to the following, put forward in March of this year as part of a joint statement from Aboriginal and Torres Strait Islander leaders in response to media coverage:

We need to have a more rational and mature discussion aimed at achieving better social, community, family and individual outcomes for all Aboriginal and Torres Strait Islander children and young people. We must work to ensure that the drivers of child protection intervention are addressed, rather than continuing with a poorly designed and resourced system that reacts when it’s too late, after families have already reached breaking point and children have been harmed1.

As captured in this statement it is essential that efforts to improve outcomes for children and families in contact with the Child Protection System stem from an understanding that abuse and neglect of children are most often the result of deeper family conflict or dysfunction, arising from social, economic and/or psychological roots.

In cases where children do need to be removed from family, decisions about what kind of placement, including adoption, is most appropriate for that child should occur in line with the following principles:

 Child-centred approach that allows for children to have a say in decisions that affect them

 OOHC for Aboriginal children delivered by Aboriginal Community Controlled Services (ACCSs)

 Adoption of a set of national standards for the rights of children in care

 Maintaining connection to family, community, culture and country, including prioritising adoption by extended family or if that is not possible, Aboriginal families who are not related.

 Improved support for kinship carers

1 See full statement here: http://www.snaicc.org.au/snaicc-statement-14-march-2018-joint-statement-aboriginal-torres-strait-islander-leaders-recent-media-coverage-around-child-protection-children/ Inquiry into local adoption

Stability and permanency for children in out-of-home care with local adoption as a viable option

Transition of OOHC to Aboriginal Community Control

Evidence clearly demonstrates that culturally competent services lead to increased access to services by Aboriginal children and their families2. Aboriginal led and managed services are well-placed to overcome the many barriers that exist for Aboriginal families and children to access services3, such as:

 a lack of understanding of the OOHC system and how to access advice and support;

 a mistrust of mainstream legal, medical, community and other support services;

 an understanding of the cultural or community pressures not to seek support, in particular perceptions of many Aboriginal families that any contact with the service system will result in the removal of their child4.

As the evaluation of child and family service delivery through the Communities for Children program identifies, “Indigenous specific services offer Indigenous families a safe, comfortable, culturally appropriate environment that is easier to access and engage with.”5 In addition, they are also going to be better at locating, training and supporting Aboriginal foster carers. This provides the opportunity to increase the quality of OOHC for Aboriginal children at significant lesser cost than the current “professional” foster care arrangements that are too often being put in place for Aboriginal children.

Following the lead of NSW, who in 2012 commenced a process of transfer to community control, there is a project currently being undertaken by the Aboriginal Peak Organisations NT (APO NT), in collaboration with the NT Government, to develop a strategy for the transition of OOHC to Aboriginal community control in the NT. Victoria has also confirmed that all OOHC service provision for Aboriginal children and families will be provided by community controlled services, with Queensland and Western Australia both exploring similar shifts.

AMSANT supports APO NT’s vision that Aboriginal children and young people in out of home care, as a priority, are placed with Kinship or Aboriginal foster carers and supported to retain culture, identity and language.

Strengthening the voice of children in decisions that affect them

Article 12 of the United Nations Convention on the Rights of the Child states; “Children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account” 6.

There is a need for Child Protection proceedings to be more responsive to the child’s aspirations and needs. An approach taken in Family Law known as child-inclusive family dispute resolution has been shown to produce better outcomes for families with parenting disputes, including greater stability of care and contact patterns, and greater contentment of children with those arrangements7. Central to this approach is the use of an independent, specially trained child health professional to conduct interviews before any decision is made about them.

There is no reason why a similar approach couldn’t be taken in terms of long term care arrangements for children but with specific provisions for continuing contact with family and community.

Maintaining connection with family, kin and country

In line with international convention, Aboriginal children and families have the right to enjoy their cultures in community with their cultural groups (UNCRC, article 30; UNDRIP, articles 11-13). This right has been enshrined in these conventions to reflect the wealth of evidence that show culture, language and connection to country are protective factors for at-risk communities8.

The Aboriginal Torres Strait Islander Placement Principle (ATSIPP) has been developed to ensure recognition of the value of culture and the vital role of Aboriginal children, families and communities to participate in decisions about the safety and wellbeing of children.

Despite the commitment from all States and Territories to fully implement this principle under the National Framework for Protecting Australia’s Children, in 2015 only 34.7% of Aboriginal children in the NT were placed in care in accordance with the Child Placement principle, compared with a national average of 65.6%, and only 3.3% of children were placed with relatives or kin, compared with 48.8% at the national average9.

This reflects the need for better practice relating to kinship care in the NT including;

– early identification of kinship networks when the child first comes to the attention of Child Protection, rather than when a crisis point has been reached;

– increased access to supports and training for kinship carers (see below);

– support services to birth parents to strengthen the option for reunification;

– development of cultural support plans for all Aboriginal children to ensure meaningful connection to family, culture and community is maintained.

Improved support for kinship carers

A lack of adequate support for kinship carers can contribute to placement breakdown, and escalation for children and young people in the statutory OOHC system, including entry into residential care.

Conversely, home based care and placement stability are associated with a range of better health, education, economic and wellbeing outcomes.

Improved access to the following would support kinship carers in maintaining more stable placements for the children in their care:

– Ensure a comprehensive assessment of the child has been conducted and a care plan, incorporating cultural supports for Aboriginal children, is developed and fully implemented.

– Ensure access to training courses across a broad range of issues (parenting solutions, behavioural management, understanding and responding to trauma etc.)

– Increased financial support to bring payments in line with foster carers.

It is important to note that even for many long-term, stable care arrangements, including for children in kinship care, adoption may not be seen as a viable option due to the loss of supports that would be incurred in transitioning from ‘carer’ to ‘parent’.

In this way it is clear that the type of placement reflects neither stability and permanency nor wellbeing for the child, but rather the particular vulnerabilities and needs of the child and their carer. Adequately meeting these needs should remain the paramount focus of any efforts to create stable, loving homes for children in care.

Appropriate guiding principles for a national framework or code for local adoptions within Australia

In order to ensure that the rights and needs of the child remain central to all Care and Protection operations, AMSANT advocates that Australia adopt a set of national standards that set out the rights of children in care, which would be modelled on the Council of Europe’s 2005 Recommendation on the Rights of Children Living in Residential Institutions10.

This recommendations sets out a list of basic principles, specific rights of children living in residential institutions and guidelines and quality standards in view of protecting the rights of children living in residential institutions, irrespective of the reasons for and the nature of the placement. It advocates that the placement of a child should remain the exception and that the placement must guarantee full enjoyment of the child’s fundamental rights.