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Where am I now? Lawlink > Law Reform Commission > Publications > Research Report 7 (1997) - The Aboriginal Child Placement Principle
Research Report 7 (1997) - The Aboriginal Child Placement Principle Table of Contents Preface 1. INTRODUCTION 2. ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN AND THE CHILD WELFARE SYSTEM IN NSW
IMPACT OF PAST POLICIES THE PRESENT CHILD WELFARE SYSTEM IN NSW Overview NSW legislation Terminology
Ward of the state Substitute care Foster care Guardianship Custody Temporary Care Arrangement Adoption Aboriginal Child Rearing Practices Aboriginal children and adoption TORRES STRAIT ISLANDER CHILDREN Customary adoption and child care practice
Adoption Substitute care
In the 1990s Aboriginal and Torres Strait Islander children in DOCS statistics Reasons for over-representation of Aboriginal and Torres Strait Islander children THE PRINCIPLE IMPORTANCE OF KEEPING ABORIGINAL CHILDREN IN THEIR COMMUNITIES Importance to Aboriginal communities Importance to Aboriginal children
Land rights The Indian Child Welfare Act 1978 (US) Federal Government action
Council of Social Welfare Ministers Australian Law Reform Commission Report on Aboriginal customary law Further Federal support for legislation Federal or State responsibility for the Principle?
The Secretariat for National Aboriginal and Islander Child Care The Aboriginal Children’s Service (NSW) Funding
NSW Government funding Best interests of the child Relevant factors in determining “best interests”
Aboriginal or mixed racial origins of the child Difficulties for Aboriginal children in integrating into non-Aboriginal society Loss of contact with Aboriginal traditions Extended family support Difference in attitudes between Aboriginal and non-Aboriginal communities Racial prejudice and discrimination Other relevant factors SUBSTITUTE CARE IN NEW SOUTH WALES Children (Care and Protection) Act 1987 (NSW) Section 87
The role of non-government organisations
Barnardos Australia Care Force Centacare Effectiveness of section 87 ADOPTION IN NEW SOUTH WALES Adoption of Children Act 1965 (NSW)
Adoption of Aboriginal and Torres Strait Islander children in New South Wales
Adoptions by DOCS Barnardos Care Force Centacare 5. LEGISLATION, POLICY AND PRACTICE ACROSS AUSTRALIA
QUEENSLAND Fostering Adoption SOUTH AUSTRALIA Fostering Adoption TASMANIA Fostering Adoption VICTORIA Fostering Adoption
Fostering Adoption 6. INTERNATIONAL INSTRUMENTS AND THE PRINCIPLE
The relevance of UNCROC for Australia BEST INTERESTS OF THE CHILD Aboriginal and Torres Strait Islander children and “best interests” The Principle and the “best interests of the child”
RIGHTS OF INDIGENOUS PEOPLE The International Covenant on Civil and Politicial Rights Self-determination and Aboriginal and Torres Strait Islander peoples Self-determination and the Principle 7. THE PRINCIPLE IN PRACTICE
Fostering Identifying Aboriginal children Definitions of “Aboriginal child”
“A member of the Aboriginal race of Australia” “Descent”
Aboriginal children with special needs Possible solutions
Fostering
Consultation with Aboriginal organisations Existing requirements for consultation Consultation with Aboriginal organisations in NSW Arguments for consultation with Aboriginal organisations
Ability to find suitable foster carers A check on the exercise of departmental discretion Resourcing 8. A WAY FORWARD
Placement with non-Aboriginal people Provision for the transfer of responsibility to Aboriginal communities and Aboriginal people An obligation for the government to support the efforts of Aboriginal organisations THE PRINCIPLE AND ADOPTION Adoption is not part of customary Aboriginal child care Other forms of alternative care are to be used in preference to adoption Counselling by Aboriginal people Consultation with the Aboriginal child and Aboriginal people Recognising traditional Aboriginal marriage Selection criteria for Aboriginal adoptive parents Preserving Aboriginal identity LEGISLATION OR POLICY? Arguments for the inclusion of the Principle in legislation OTHER FACTORS AFFECTING THE OPERATION OF THE PRINCIPLE APPLICATION OF THE PRINCIPLE TO TORRES STRAIT ISLANDER CHILDREN Current application in legislation and policy Definition of “Torres Strait Islander child” A Torres Strait Islander Principle APPENDIX A: NON-GOVERNMENT ORGANISATIONS APPENDIX C: AUSTRALIAN CAPITAL TERRITORY APPENDIX D: NORTHERN TERRITORY |
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