Removal of children

ANTaR Qld is a founding member of the Family Matters Strategic Alliance. Family Matters aims to eliminate the unacceptable over-representation of Indigenous kids in the child protection system with a new approach, an approach that prioritises the voice of Aboriginal and Torres Strait Islander people and calls on all Australian governments to commit to ending this over-representation.

ANTaR Qld and ANTaR National have joined the campaign calls for targets to eliminate the over-representation of Aboriginal and Torres Strait Islander children in Australia’s child protection systems by 2040. The vision is to see an Australia where all Aboriginal and Torres Strait Islander children and young people grow up safely in their home, receive a good education, and grow up healthy and proud of who they are.

Take the Family Matters Pledge here.

 

2019 Update

As a signatory to the Family Matters Campaign, ANTaR Qld continues to stay abreast of this campaign at the state and national levels. At the national level, Richard Weston, CEO of the Healing Foundation has been appointed as Co-Chair joining Natalie Lewis, QATSICPP CEO. A new Family Matters Aboriginal and Torres Strait Islander Leadership Group has also been established, reflecting knowledge, insights and expertise from different sectors and states and territories.

The new leadership group has decided that the campaign’s priorities for the year ahead should centre around:

  1. Ensuring the effective operation of the Family Matters Campaign.
  2. Deepening accountability of all campaign partners – “walking the talk”.
  3. Progressing political solutions – walking with governments.
  4. Increasing the public visibility of the campaign.
  5. Supporting state and territory work – with a focus on community level engagement.

A comprehensive breakdown of the campaign's priorities for 2019 can be found on the Family Matters website.

 

In order to continue our collective fight to eliminate the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care within a generation, Family Matters is looking to raise $150,000 through sponsorships to

  • raise awareness within communities on the issues impacting the safety and wellbeing of Aboriginal and Torres Strait Islander and the solutions that will see them flourish
  • employ a campaign manager to drive campaign activities across Australia advocating for laws, policies and practices that will empower Aboriginal and Torres Strait Islander communities to drive the solutions and that focus on supporting families and communities to prevent child removals

Find out more about Family Matters sponsorship opportunities.

2018 Update

Recently the Australian Law Reform Commission released their report Pathways to Justice—An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples.

ANTaR Qld’s concerns about the links between child removal and Aboriginal and Torres Strait Islander incarceration rates were noted within the report:

 Australians for Native Title and Reconciliation Queensland Inc also supported the proposal for a national review of out-of-home care stating: Given the links between OOHC and incarceration AQ fully supports the Discussion Paper Incarceration Rates of Aboriginal and Torres Strait Islander Peoples’ proposal that a national review of the laws and processes operating within the care and protection systems of the various states and territories be undertaken as a further essential response to address the over-representation of Aboriginal and Torres Strait Islander people within both the institutions of welfare and of justice (p. 490).

We are pleased to see that ANTaR Qld’s and the many other organisations and individuals concerns have been valued and as a result the ALRC made the following recommendation:
Recommendation 15–1 Acknowledging the high rate of removal of Aboriginal and Torres Strait Islander children into out-of-home care and the recognised links between out-of-home care, juvenile justice and adult incarceration, the Commonwealth Government should establish a national inquiry into child protection laws and processes affecting Aboriginal and Torres Strait Islander children. 

As a supporter of the Family Matters Campaign ANTaR Qld would like to remind you that The Family Matters Week of Action is from the 14th to the 20th of May. The Family Matters Week of Action is an annual awareness raising event, to harness public engagement and political commitment to our key advocacy asks. Please support this important campaign and either take the pledge as an individual or sign the Statement of Commitment as an organisation. 

2017 Update

Since the release of the Queensland Government’s Options Paper for changes to the Queensland Child Protection Act 1995 (CPA) in late 2016, ANTaR Qld has responded with two submissions.

 Key recommendations were:

  • CPA to include all five elements of the Aboriginal and Torres Strait Islander Child Protection Principle, prevention, partnership, placement, participation and connection and wording that reflects its underlying intent
  • self-determination be introduced as a recognised principle within the CPA
  • an enabling power should be included in the CPA to allow for delegation of decision making authority to the chief executive of an Aboriginal and Torres Strait Islander agency

On Thursday 26th October 2017 all amendments contained within the Queensland Child Protection Reform Amendment Bill 2017 were passed, including the above recommendations. 

These are very important steps forward however nationally we still need to do better. With the Closing the Gap refresh due in 2018,  the National Congress of Australia’s First Peoples are calling for national targets to reduce the numbers of Aboriginal and Torres Strait Islander children in out-of-home care. In November, Sammi Lillie will attend the Family Matters Strategic Alliance meeting in Canberra to discuss what further action can be taken to address over-representation nationally. 

On behalf of ANTaR Qld, Sammi Lillie also continues to support the grassroots organisation Sovereign Women United.

The issue historically

Aboriginal and Torres Strait Islander children have been forcibly separated from family and community since the first days of European occupation (HREOC 1997). Aboriginal and Torres Strait Islander children were, amongst other injustices: massacred in frontier disputes; kidnapped to work for the colonists (HREOC 1997); forcibly removed by government under absorption policies to “breed the colour out” (Fejo-King 2013); removed without establishing neglect through protectionist legislation (HREOC 1997) and removed under assimilation policies in even greater numbers during the 1950’s and 1960’s to be educated in “white” ways (HREOC 1997).

The issue contemporarily

As a result of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families the Bringing Them Home Report (HREOC 1997) identified the importance of Aboriginal and Torres Strait Islander children remaining connected to family and culture and made recommendations:

3.2     that there be guarantees against repetition and

43b.4 that removal of children is to be the last resort

Since the report was tabled child removal numbers have increased to the point of crisis.

‘It's so serious we now think it is about almost equivalent to another Stolen Generation. What will happen if we continue on this path is in about another 50 or 60 years we will have another person standing up in Parliament and apologising’ (Gooda, cited in Kembrey 2015)

This over-representation of Aboriginal and Torres Strait Islander children in out of home care at both a state and national level is one the most pressing social justice issues within Australia.

The data

Whilst representing only 5.5% of the population of Aboriginal and Torres Strait Islander children make up nearly 35% of all children in out of home care nationally (AIFS 2015). In Queensland Aboriginal and Torres Strait Islander children are 8.5 times more likely to be in out of home care than non-Indigenous children (SCRGSP 2016) and as of June 30 2015 numbers had reached 3,512. This is an increase of 168% since Kevin Rudd’s apology (Channel Ten 2008) in 2008 and 640% since the Bringing them Home Report (1997) was tabled in parliament. Aboriginal and Torres Strait Islander children in Queensland are also remaining in out of home care longer. During the 2005-2006 period only 8.8% of Aboriginal and Torres Strait Islander children had been in out of home care for 5 years or more continuously in comparison to 41.5% during the 2014-2015 period (SCRGSP 2016).

Why is there an over-representation?

The over-representation of Aboriginal and Torres Strait Islander children in out of home care is a complex issue with multiple factors impacting on why these children are removed. Lower socio-economic status, alcohol and substance abuse and family violence are contributing factors however these issues are linked to the intergenerational trauma caused by past policies of forced child removal away from family and culture (SCACS 2015). Cultural misunderstandings of Aboriginal and Torres Strait Islander child rearing practices (Ryan 2011) also contribute to the overrepresentation as does a system that is risk adverse (Queensland Government 2013) and relies heavily on tertiary intervention rather than preventative services (COAG 2009). In addition to these factors the most common reason for Aboriginal and Torres Strait Islander children to be removed is due to neglect (AIHW 2016). Neglect has been found to be directly linked to socioeconomic disadvantage including inadequate housing and access to appropriate services and whilst these systemic issues lie beyond the control of the parents (SCACS 2015) the children are still removed.

What is ANTaR Qld doing about the removal of children?

ANTaR Qld recently signed the Family Matters Statement of Commitment and is a part of the Family Matters Strategic Alliance. On 9 November 2016, the Family Matters campaign released its inaugural report. This report revealed shocking results on the state of child protection in Australia for Aboriginal and Torres Strait Islander children including:

  • Numbers of Indigenous children in the child protection system nationally is set to triple (from 15,000 to 45,000) by 2035 should current trends continue.
  • Only 17% ($700 million) of overall child protection funding was invested in support services for children and their families, this means the bulk of spending is in reacting to problems ($3.5 billion) rather than solving them.
  • Only 66 per cent of Aboriginal and Torres Strait Islander children in Australia were placed in accordance with the Aboriginal Child Placement Principle.
  • The report also details state specific data, revealing the worst performance by Western Australia with the highest rates of over-representation (16.2 times) and lowest take-up of evidence informed solutions. Victoria shows the most promise, investing in significant measures to improve Aboriginal child safety and well-being.

To turn the tide on Aboriginal and Torres Strait Islander child removal, the Family Matters campaign is calling for:

  1. A comprehensive COAG strategy to redress the causes of Aboriginal and Torres Strait Islander child removal and improve child safety and well-being, backed by strong targets
  2. A minimum of 30 per cent of all investment in child protection be channelled into prevention and early intervention
  3. A new federal program for effective and culturally safe reunification programs across Australia
  4. State-wide Aboriginal family led decision-making programs
  5. A federal program to trial local community strategies to redress local risks for children and mediate child protection intervention, and
  6. State-based commissioners and peak bodies for Aboriginal and Torres Strait Islander children in all states and territories.

What can you do?

Download the Family Matters inaugural report.

Individuals can sign up and show your support.

Organisations can download the Family Matters Statement of Commitment and sign and return to familymatters@snaicc.org.au

More Information

Family Matters 

Grandmothers Against Removals (GMAR) 

Secretariat of National Aboriginal and Islander Child Care (SNAICC) 

List of References

Australian Institute of Family Studies (AIFS) 2015, Children in Care, CFCA Resource Sheet – June 2015, AIFS, viewed 14 September 2016, https://aifs.gov.au/cfca/publications/children-care.

Australian Institute of Health and Welfare (AIHW) 2016, Child protection Australia 2014–15, Child welfare series no. 63. Cat. no. CWS 57, AIHW, Canberra, viewed 31 July 2016, http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129554973.

Channel Ten 2008, Sorry, Kevin Rudd's Apology to "The stolen Generation", online video, viewed 14 September 2016, https://www.youtube.com/watch?v=b3TZOGpG6cM.

Council of Australian Governments (COAG) 2009, Protecting Children is Everyone’s Business: National Framework for Protecting Australia’s Children 2009-2020, Commonwealth of Australia, Canberra, viewed 14 September 2016, https://www.dss.gov.au/sites/default/files/documents/pac_annual_rpt_0.pdf.

Fejo- King, C 2013, Let’s Talk Kinship, Christine Fejo-King Consulting, Australia.

Human Rights and Equal Opportunity Commission (HREOC), 1997, Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, viewed 3 June 2015,https://www.humanrights.gov.au/sites/default/files/content/pdf/social_ju....

Kembrey, M 2015 ‘Rate of Indigenous children in child protection almost equivalent to another Stolen Generation’, Sydney Morning Herald, 3 December, viewed 14 September 2016, http://www.smh.com.au/national/rate-of-indigenous-children-in-child-prot....

Queensland Government 2013, Taking Responsibility: A Roadmap for Queensland Child Protection, Queensland Child Protection Commission of Inquiry, Brisbane, viewed 14 September 2016, http://www.childprotectioninquiry.qld.gov.au/__data/assets/pdf_file/0017....

Ryan, F 2011, ‘Kanyininpa (Holding): A Way of Nurturing Children in Aboriginal Australia’, Australian Social Work, vol. 64, no. 2, pp. 183-197, viewed 4 June 2015, doi:10.1080/0312407X.2011.581300

Senate Community Affairs Committee Secretariat (SCACS) 2015, Out of Home Care, Canberra, viewed 3 September 2016, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community....

Steering Committee for the Review of Government Service Provision (SCRGSP) 2016, Report on Government Services 2016, vol. F, Community services, Productivity Commission, Canberra, viewed 29 July 2016, http://www.pc.gov.au/research/ongoing/report-on-government-services/2016....