Policy Statement in Relation to Aboriginal and Torres Strait Islander Fostering and Adoption

Procedure 1

(a) Aboriginal and Islander children should be maintained within their own family and community environment as a matter of principle. In the event of alternative placement, in the absence of good cause to the contrary, preference is to be given to placement in the following order of priority, with -

(i) A member of the child’s extended family;

(ii) Other members of the child’s Aboriginal or Islander community who have the correct relationship according to “customary law” practised by that local community; or

(iii) Other Aboriginal or Islander families living in close proximity if possible and compatible with the child’s community of origin.

(c) Each placement made in terms of (a) or (b) above, will be reviewed within six months and at six monthly intervals thereafter to ensure the best possible placement for the child.

Procedure 2

(a) An Aboriginal or Torres Strait Islander is a person of Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and who is accepted as such by the Aboriginal or Torres Strait Islander community.

(i) In the case of a baby or very young child, identification by either parent should be substituted for self-identification.

(ii) When no parent/kin is practicably available and there is reason to believe a child is Aboriginal or Torres Strait Islander, a person will be consulted who is a representative of the Aboriginal or Torres Strait Islander community.

Procedure 3

(a) In any individual child and family welfare matter, including all matters in which the child placement principle is to be applied, consultation should occur with family members, and when it is considered that a child is of an appropriate age, that child should be consulted. Parents’ views on consultation with family members, other families or agencies should be considered in order that their requirements for confidentiality are respected whilst giving priority to serving the welfare and interests of the child. Assistance should be sought from within established community and agency networks to locate and consult family members.

Procedure 8

(a) The child placement principle should be applied in all situations where formal alternative care is considered for children in care.

(b) It should be recognised that assessment and placement procedures may differ from general fostering guidelines.

(c) Flexibility should be exercised in selection and assessment criteria of care providers to give due consideration to the cultural context.

(d) A sensitive, case by case approach should be applied in reviewing situations of Aboriginal and Islander children in existing long-term non-Aboriginal foster placements. Any actions taken should be carefully planned and in the best interests of the child concerned. This may involve projects to link children back with their culture.

Procedure 9

(a) The child placement principle should be applied in all cases when an Aboriginal or Islander parent wishes to consent to adopt. At first point of contact, parents will be offered referral to an Aboriginal and Islander worker for counselling. Parents should be advised of (a) the child placement principle and (b) aspects of anonymity and confidentiality associated with adoption.

Counselling by child care staff should fully explore alternatives to adoption, including family support, custody and guardianship options.

(b) When a consent is taken, subject to an expressed desire of a parent for confidentiality, the established consultation structure should be used to find appropriate Aboriginal and Islander adoptive families.

(c) Flexibility should be exercised in applying criteria and assessment guidelines related to Aboriginal and Islander adoption, in recognition of the special needs of such children.

Adoption of Children Act 1964 (Qld)

18A Placement of children with indigenous or ethnic backgrounds

In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and, in particular, in determining which prospective adopter or prospective adopters the Director will approve in the case of such a child the Director shall have regard to the indigenous or ethnic background and cultural background of the child and shall approve a prospective adopter who, or prospective adopters 1 of whom, has a similar indigenous or ethnic background and cultural background, unless -

(a) it appears to the Director that such a prospective adopter or prospective adopters is not or are not available and cannot reasonably be expected to become available promptly; or

(b) in the Director’s opinion, the welfare and interests of the child would not be best served by so doing.