Draft Policy Statement: Placement of Aboriginal Children for Adoption (8 May 1987)

This policy is in draft form only and has never been adopted formally.

Preamble

Adoption is the most radical of the alternate care options for a child since it severs legal ties with the original family and makes the child a full member of a new family. Its great strength is that it provides, as no other alternative does, a basis for a security of relationships and of parental commitment. Such a radical severance of family ties is however alien to Aboriginal culture and it is acknowledged that in the past inappropriate use of adoption has caused great suffering for Aboriginal children and their parents. Modern adoption practice with its stress on the importance of genealogical awareness and of ensuring a continuity of the child’s past with his/her present strongly supports the development of a cultural identity. Adoption, therefore will continue to provide a positive option for some Aboriginal children.

The Policy and guidelines for implementation which are here presented have been developed in consultation with Aboriginal workers in the Department. They are based on the assumption that given appropriate information and support Aboriginal and non-Aboriginal parents can make good adoption decisions for their Aboriginal child, and that where a conflict of ideas exist, providing there is goodwill on all sides, reasonable compromises can be found.

For the purposes of the Policy an Aboriginal child is defined as a child at least one of whose parents is Aboriginal as defined by the Aboriginal Act of 1968.¹

Objectives:

1. To ensure that an adopted Aboriginal child develops a positive identification of himself/herself as Aboriginal.

2. To place all Aboriginal children surrendered for adoption within the Aboriginal community or with parents at least one of whom is Aboriginal.

3. To ensure Aboriginal involvement in any decision regarding the surrender or placement for adoption of an Aboriginal child from counselling prior to surrender through to the child’s placement.

4. To promote the recruitment of Aboriginal families so that there is an adequate choice of parents for Aboriginal children surrendered for adoption.

5. To promote within the Aboriginal Community, with other adoption and child care agencies and in the wider community, understanding of the value of the policy to Aboriginal children.

Policy

1. Aboriginal children surrendered for adoption must be placed with Aboriginal families.

2. All adopted Aboriginal children should have access to information regarding their family background and cultural heritage.

3. In any case where an Aboriginal child is proposed to be surrendered for adoption an Aboriginal worker must be involved in any decision or in any case conference or in any meeting convened to make a decision about the future of the child.

4. The involvement of Aboriginal workers in case consultations, case conferences, or case meetings should be conducted in a manner which ensures the confidentiality of the child and of the child’s family outside of the meeting.

5. The Youth and Community Services Aboriginal Worker consulted and/or involved in cases of Aboriginal children being surrendered for adoption must be experienced and trained in adoption policy and practice.

6. Where an adoption is being considered for an Aboriginal child the wishes of the child’s parents must be considered and respected if they are able to suggest a reasonable alternative to that indicated by this policy.

7. Disputes regarding the application of the policy to Aboriginal children surrendered for adoption, or for whom adoption is being considered are to be referred to a case conference including the local office, Adoption Branch and the relevant Operations Manager and the CPO (Aboriginal) (or a delegated Aboriginal Officer where this position is not filled). Prior to such referral this policy document should be fully discussed with the child’s parents.

8. Aboriginal workers, either Departmental or non-Government, experienced and trained in the area of substitute care should be involved in the recruitment, assessment, selection, and education, of Aboriginal adoptive parents.

9. Recruitment of adoptive parents for Aboriginal children should give consideration to:

• Aboriginal couples married in accordance with the customs of their community.
• Married Aboriginal couples.
• Aboriginal couples living in de facto relationships.
• Married or de facto couples, one of whom is Aboriginal.
• Single Aboriginal persons.

11. Where it is considered that in the interests of the child some action should be taken contrary to a provision of this policy, the Director-General may give written approval of such action if he is satisfied that there is good and sufficient reason, for example the special physical, intellectual or emotional needs of the child.

Guidelines for Implementation of Aboriginal Policy

1. Presentation of the need for involvement of an Aboriginal person in Counselling.

1.1 This involvement enables informed exploration of the child’s needs as they relate to its Aboriginality, recognising that this is a significant but not the sole consideration in placement.

1.2 It gives the parent the opportunity to question an Aboriginal person about their ideas of child rearing, the child’s position in the family, the relationship of Aboriginal families to each other and to other families in the community.

1.3 Where the surrendering parent is non-Aboriginal contact with an informed Aboriginal Counsellor provides reassurance by destroying what could be an existing negative stereotype.

2. Issues of great importance:

2.1 It should be stressed that no pressure will be brought to bear - overt or covert - about the decision to be made - the presence of the Aboriginal Counsellor should be presented as a service to the surrendering parent, - providing information which will enable a well thought-out decision about the child’s future.

2.2 Assurance should be given of the confidentiality of the contact - whatever decision is made, no disclosure will be made to any other member of the Aboriginal Community. Placement arrangement will, where wished for, ensure that the identity of the parent remains unknown.

2.3 Where the Aboriginal Worker is in the Consultant role, the primary worker should ensure that there is thorough briefing as to the alternatives already discussed and the client’s attitude to these alternatives.

2.4 The Department’s policy and the reasons for it should be explained in the context of the child’s right to a placement which ensures the continuance or development of a sense of his/her Aboriginal identity.

3. Disputes Procedures:

3.1 If after detailed discussion and having been offered reassurance about the purpose and function of the involvement by an Aboriginal worker, the parent declines the counselling, then the disputes procedure as outlined in Clause 6 of the Policy should be used and the Regional Director makes a submission to the Director-General.

3.2 If, the parent’s choice is for placement of the child outside of the Aboriginal community, then, after discussion, the dispute procedure as outlined in Clause 6 of the Policy should be used and the Regional Director makes a submission to the Director-General.

4. Who is to provide consultation:

Aboriginal consultation should ideally be provided by a DO or CPO from Gullama or a Community Welfare Centre. Involvement by Central Office or by Adoption Branch may be appropriate but should involve careful discussion with the local office so that the individual roles, the line to be followed and the action to be taken are clearly understood.

5. General Comment:

There is considerable room for error and misunderstanding in implementation of the guidelines for placement of Aboriginal children which can lead to protracted delays in placement and, at worst, custody disputes between parents. The area of obvious difficulty is the surrender of the child of a non-Aboriginal mother and an Aboriginal father where only the mother’s consent is required. The difficulties increase where the relationship between parents has broken down in circumstances which leave the mother with bitter feelings about the father which are generalised to create feelings of dislike or distrust of the Aboriginal Community.

The importance to an Aboriginal child of placement within the Aboriginal Community is recognised and affirmed. The attainment of that ideal by implementation of the policy must be approached with sensitivity.

Adoption of Children Act 1965 (NSW)

19. Persons in whose favour adoption orders may be made

...

(1A) The Court may make an adoption order in favour of a man and a woman who are living together as husband and wife on a bona fide domestic basis although not married to each other if, without derogating from the other provisions of this Part, the Court is satisfied:

... (c) that:

(i) the man and woman are Aborigines (within the meaning of the Aboriginal Land Rights Act 1983) and are recognised as being married according to the traditions of an Aboriginal community or Aboriginal group to which they belong, and

(ii) the child in respect of whom the application for the adoption order is made is an Aboriginal (within the meaning of that Act).

1. This should be the Aborigines Act 1969 (NSW).