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NSW state care system ‘not good enough’

Legal bodies and services for Aboriginal children have criticised the NSW government for failing to work adequately with Aboriginal communities to protect their children.

user iconLauren Croft 10 November 2021 Politics
NSW state care system
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After data revealed in last week’s budget estimates showed that the number of Aboriginal children being removed from their homes is increasing, the NSW government has been urged to “meaningfully engage with Aboriginal communities” in order to move forward. Aboriginal children are 11 times more likely to be in out-of-home care than non-Indigenous children.

This news follows the release of a landmark report, which revealed widespread deficiencies in the NSW child protection system. The 2019 Family is Culture Independent Review of Aboriginal Children and Young People in Out-of-Home Care uncovered an out-of-home care system that lacks accountability, according to Nadine Miles, acting CEO of the Aboriginal Legal Service.

“The Family is Culture report exposed unethical practices of removing Aboriginal newborns from their mothers’ arms in hospitals. It found that concerned family members were frantically contacting the department to offer care for their nieces, nephews and grandchildren, but their calls weren’t being returned,” she said.

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“It found an increasing number of children are ‘graduating’ from out-of-home care to incarceration – the state relinquishing its role as parent and becoming jailer.

“Aboriginal children and families are incredibly strong. They have survived many decades of child removal and attempted cultural erasure, but enough is enough. It’s well past time for the NSW government to admit its out-of-home care system is failing the Aboriginal children it claims to protect. The government cannot continue to sideline its own commissioned report.” 

Whilst the NSW government has claimed to have completed or is in the process of completing 94 of the review’s recommendations, analysis by Aboriginal organisations that most are still being scoped, are under review, or there is no progress report available. The two substantive changes that have been implemented – the establishment of the Aboriginal Deputy Children’s Guardian and the Aboriginal Knowledge Circle – were not changes recommended by the Family Is Culture Review.

In budget estimates, the NSW government confirmed there are 6,829 Aboriginal children in out-of-home care as of 30 June 2021, representing a 4 per cent increase since 2018 and comprising 43 per cent of all children in the system.

CEO of AbSec John Leha said that the government’s failure to implement the recommended changes by the review is evident in the number of Aboriginal children currently in out-of-home care.

“If the NSW government is serious about meeting their Closing the Gap target and reducing the number of Aboriginal children in out-of-home care by 45 per cent before 2031, they will come to the table and meaningfully engage with Aboriginal communities,” he said.

“Business-as-usual is not good enough when it comes to improving the lives of Aboriginal children. For every year the government delays action, the state will remove around 900 Aboriginal children and young people from their families.

“The sector is demanding reform through the full implementation of all 126 Family is Culture recommendations to create a brighter future for Aboriginal children and their families.”

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