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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix I: Western Australia - Department for Family and Children's Services
Research Report 7 (1997) - The Aboriginal Child Placement Principle
Appendix I: Western Australia - Department for Family and Children's Services
Substitute Care Policy in Relation to Aboriginal Child Placement 1984
Principles of Aboriginal Children’s Welfare
The Principles of Aboriginal Children’s Welfare embody accepted principles of child welfare practice together with the recognition and consideration of the importance of customary roles and responsibilities of the Aboriginal extended family in child rearing.
Principles
- To provide for the protection and care of children and to promote family welfare.
- To maintain and develop family relationships that are in the best interest of the child.
- To acknowledge the importance of maintaining and promoting the relationship between the child, the parents, guardians or persons having the custody of the child (and where appropriate, the extended family of the child).
- To maintain the continuity of living arrangements in the child’s usual ethnic and social environment.
- To consult with the child’s parents and other persons with responsibility for the welfare of the child in accordance with Aboriginal customary law; and such Aboriginal organisations as are appropriate in the case of the particular child.
- To encourage Aboriginal control in matters relating to the welfare and care of Aboriginal children and practice sensitivity and have respect for Aboriginal cultural issues in providing child welfare services to Aboriginals.
The Child and the Natural Family
- The maintenance of Aboriginal children with their own family and community environments is to be the first priority.
- Other than in serious crisis situations, child removal should be a planned and co-ordinated action based upon a case conference which includes consultation with relevant Aboriginal organisations/community persons.
- Should removal of child/ren be unavoidable, services to the natural family should continue with the intention of returning the children at the earliest possible time.
- If placement of Aboriginal children cannot be achieved in the same geographic region as their family, then the family should continue to be officially recognised and assigned as a case to the local field officer.
- Should substitute care placement be necessary, the wishes of the natural family are to be taken into consideration in determining placement.
- Regular contact is to be maintained between the child and his family, subject to the terms of the case conference plan.
Aboriginal Children Requiring Placement
- Cultural consistency and family linkage are considered more important than material standards.
- Where possible Aboriginal children should be placed within the extended family, with other Aboriginal families, or in another form of culturally consistent care. Placement should be considered in the following order of priority:
- In the child’s home locality with members of the extended family or the same Aboriginal community/tribal group, or another Aboriginal family.
- In a different locality with members of the extended family or Aboriginal tribal group, or another Aboriginal family.
- In a departmental or residential group home or a hostel with Aboriginal caretakers preferably in the child’s locality.
- In all cases except for emergencies, approval must be obtained from the Director General to place the child in non-Aboriginal care.
- ... The Director General must be notified within forty eight (48) hours of such a placement.
- ... In conjunction with the above point, the following principles should be considered in placement selection:
- The placement should contribute to the best possible retention of the child’s relationship with his parents and community, including regular contact.
- Siblings should be placed together, but where this is not possible, regular sibling contact is to be maintained.
- Except in the case of emergencies, consultation in regard to placement of the child will take place with the Aboriginal Child Care Agency and/or relevant Aboriginal groups or members of the Aboriginal community as soon as case responsibility is accepted by the Supervisor.
- Following an initial case conference, each child, his sibling group, and his natural family shall be formally reviewed on a six month basis.
Emergency Placements
- Should the removal of the child on an emergency basis require the child’s placement with non-Aboriginal caregivers, the responsible Departmental Officer should immediately investigate possible arrangements in accordance with the above priorities of placement.
Consultation
- The Department will work with Aboriginal Child Care Agency in the metropolitan areas and will use it for consultation purposes, in case planning, child care matters and for the recruitment of Aboriginal child placement resources.
- The Department will also assist in the development of local Aboriginal groups, particularly in country areas, to work with field staff in locating Aboriginal foster parents, in selecting suitable placements for Aboriginal children and in advising the Department on the care of Aboriginal children generally.
Objectives of Aboriginal Child Placement
Aboriginal Child Placement
- To ensure that consultation occurs with extended family, significant others and, where appropriate, Aboriginal organisations.
- To arrange appropriate substitute care as warranted which is in the best interests and promotes the welfare of the child, and which takes into account the importance of customary roles and responsibilities of the Aboriginal family in child rearing.
- To promote and maintain relationships and contact between the child, his family, kin and culture.
Aboriginal Community Development
- To explore with Aboriginal communities and organisations the potential for them to exercise functions, in relation to the welfare of children.
- To facilitate the transfer of appropriate functions which those communities and organisations have demonstrated a desire and ability to undertake.
- To support those communities and organisations in the discharge of those functions.
Definitions
Aboriginal
A person of Aboriginal descent, Torres Strait Islander descent who identifies as Aboriginal and is accepted as such by his/her community.
Community/Tribal Group
A number of people sharing common traditions, interests and goals, who are conscious of themselves as a social unit and identify as a group. They may or may not be limited to geographical or tribal areas. Widely scattered people can still hold a strong sense of community group.
Kin
One’s identified blood and classificatory relatives.
Adoption Act 1994 (WA)
Section 4 - Interpretation
(2) A reference in this Act to a married person is a reference to -
...
(c) an Aboriginal person who is regarded by the community in which the person lives as being married in accordance with the customs or rules of the community.
Section 45 - Selection of Prospective Adoptive Parents
Section 52 - Restrictions on Placement
(1) The Director-General is not to place a child with a view to the child’s adoption unless -
(a) the prospective adoptive parent -
...
(v) meets, if relevant, the child’s wishes and shows a desire and ability to continue the child’s established cultural, religious or educational arrangements...
Adoption Bill 1992 (WA)
Clause 51 - Restrictions on Placement
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