'Child Protection is Everybody's Business'

HISTORY

Recognised Entities were set up as a result of the “Bringing Them Home: The ‘Stolen Children’ report “into the forcible removal of Aboriginal and Torres Strait Islander Children from their families. Out of this report 54 recommendations were made. Of these 54 Recommendations, the following 6 refer to an accredited Indigenous organisation being involved in the decision making process.

Standard 4: Involvement of accredited Indigenous organisations

49: That the national standards legislation provide that in any matter concerning a child the decision maker must ascertain whether the child is an Indigenous child and in every matter concerning an Indigenous child ensure that the appropriate accredited Indigenous organization is consulted thoroughly and in good faith. In care and protection matters that organisation must be involved in all decision making from the point of notification and at each stage of decision making thereafter including whether and if so on what grounds to seek a court order. In juvenile justice matters that organisation must be involved in all decisions at every stage including decisions about pre-trial diversion, admission to bail and conditions of bail.

Standard 5: Judicial decision making

50. That the national standards legislation provide that in any matter concerning a child the court must ascertain whether the child is an Indigenous child and, in every case involving an Indigenous child, ensure that the child is separately represented by a representative of the child's choosing or, where the child is incapable of choosing a representative, by the appropriate accredited Indigenous organisation.

Standard 6: Indigenous Child Placement Principle

51a. That the national standards legislation provide that, when an Indigenous child must be removed from his or her family, including for the purpose of adoption, the placement of the child, whether temporary or permanent, is to be made in accordance with the Indigenous Child Placement Principle.

51b. Placement is to be made according to the following order of preference,

1.  placement with a member of the child's family (as defined by local custom and practice) in the correct relationship to the child in accordance with Aboriginal or Torres Strait Islander law,

2. placement with a member of the child's community in a relationship of responsibility for the child according to local custom and practice,

3. placement with another member of the child's community,

4. placement with another Indigenous carer.

51c. The preferred placement may be displaced where,

1. that placement would be detrimental to the child's best interests,

2. the child objects to that placement, or

3. no carer in the preferred category is available.

51d. Where placement is with a non-Indigenous carer the following principles must determine the choice of carer,

1. family reunion is a primary objective,

2. continuing contact with the child's Indigenous family, community and culture must be ensured, and

3. the carer must live in proximity to the child's Indigenous family and community.

51e. No placement of an Indigenous child is to be made except on the advice and with the recommendation of the appropriate accredited Indigenous organisation. Where the parents or the child disagree with the recommendation of the appropriate accredited Indigenous organisation, the court must determine the best interests of the child

These organisations are known as Recognised Entities.

In 1999, the Queensland Government developed the Child Protection Act 1999 which included as legislation the involvement of a Recognised Entity in the decision making process for all Aboriginal and Torres Strait Islander children who come into contact with the Child Protection system.

ROLE

The Role of the Recognised Entity is to work collaboratively with Dept of Communities (Child Safety Services) to best represent the interested of Aboriginal and Torres Strait Islander children when they come into contact with the Child Protection System.

The Recognised Entity participates with Child Safety Services throughout the entire child protection spectrum which includes:

• The initial intake (where information first come to Child Safety Services) where we provide family, cultural information
• The Investigation and Assessment phase where we visit families with Child Safety to talk about issues and assess if children are in need of protection
• Locate kinship carers if children are taken into care so they stay with family
• Assisting in developing genealogies (family tree) of children in care
• Case discussion and planning – where we discuss the needs of children who are in care and put plans in place to meet those needs
• Input to Court Order Applications
• Attend Family Group Meetings
• Input into Cultural Plan
• Attend SCAN (Suspected Child Abuse and Neglect) meetings

The Recognised Entity focuses on

• The Safety of the Child
• What is in the best interest of the child
• The Childs rights
• The child’s physical, emotional and spiritual wellbeing
• Cultural needs
• Maintaining Child’s connections with Kin, Culture and Country

LINKS

Child Safety Services

http://www.communities.qld.gov.au/childsafety/child-safety-services

(Bringing them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families April 1997)

http://www.hreoc.gov.au/social_justice/bth_report/report/appendices_9.html

Qld Aboriginal and Torres Strait Islander Child Protection Peak

www.qatsicpp.com.au

Secretariat of National Aboriginal and Islander Child Care

http://www.snaicc.asn.au/

Recognised Entity is funded by the Department of Communities (Child Safety)