Baseline Analysis of Best Practice Implementation of the Aboriginal and Torres Strait Islander Child Placement Principle Northern Territory April ...
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Baseline Analysis of Best Practice Implementation of the
Aboriginal and Torres Strait Islander Child Placement Principle
Northern Territory
April 2018
1Introduction
This resource presents a baseline analysis of the progress of the Northern Territory in implementing the full intent of the Aboriginal and Torres Strait Islander Child
Placement Principle (ATSICPP) with reference to the best practice approach as set out in Understanding and Applying the Aboriginal and Torres Strait Islander Child
Placement Principle – A Resource for Legislation, Policy, and Program Development.
The baseline analysis considers the alignment of the five elements of the ATSICPP – prevention, partnership, placement, participation, and connection – with five interrelated
system elements – legislation, policy, programs, processes, and practice. However, as the analysis reveals, there is significant interconnectedness and intersectionality of
both the ATISCPP and system elements. Further, piecemeal compliance with a single or even several elements does not, and cannot, lead to the full realisation of the
ATSICPP. Instead it is clear that holistic processes of reform are required to ensure full implementation and compliance with the ATSICPP’s intent to keep Aboriginal and
Torres Strait Islander children safely connected to their families, communities, cultures, and country.
It is important to note that the baseline analysis has a particular focus on child safety, protection, and family support service systems and the work of government
departments with primary responsibility for those systems, and so has some limitations to its scope. For example, the prevention element of the ATSICPP covers a broad
scope of systems and multiple departmental responsibilities for universal service provision in areas such as health, education, and disability; however, these broader support
systems are largely outside the scope of this review. Another important caveat is that the analysis is based on available documentation gathered through a desktop review
and requests to state and territories for relevant documentation. State and territory governments have had opportunity to input to each baseline as have Aboriginal and
Torres Strait Islander sector leaders.
The development of this resource – and equivalent analyses for each state and territory jurisdiction – has been guided by the work of the Aboriginal and Torres Strait
Islander Working Group established under the Third Three-Year Action Plan 2015-2018 for the National Framework for Protecting Australia’s Children 2009-2020. The
Working Group is tasked with ensuring implementation of the ATSICPP throughout the Third Action Plan and as part of this work seeks, through the current analyses, to
establish the current status of implementation in each state and territory in order to track and measure progress towards enhanced implementation.
2Overview – Northern Territory
The legislative framework for child protection in the Northern Territory recognises a range of significant principles that reflect the rights of Aboriginal and Torres Strait Islander
children to maintain cultural, family, and community connections. These include principles that require respect for culture, removal only if there is ‘no other reasonable way to
safeguard’ a child’s wellbeing, prioritisation of safe return to family, and participation of children and family members in decision-making. However, there are clear deficits in
policy commitments, programs – particularly funded Aboriginal Community Controlled Organisation (ACCO) operated programs – or enabling processes that translate these
legislative principles into practice. There is a notable lack of legislative and policy focus on preventative and early intervention measures, as well as on requirements to make
practical efforts for safe and timely reunification. In particular, there is no legislative requirement for supports to be provided to families before an order removing parental
responsibility, including a permanent care order, is made.
The underdevelopment of the Northern Territory ACCO sector is a major shortfall that cuts across every element of the Aboriginal and Torres Strait Islander Child Placement
Principle. The lack of: engagement and co-design in policy and programming; support and capacity building of the ACCO sector; and effective participation of ACCOs in child
protection decision-making and family support service provision demonstrates limited compliance with the partnership element of the ATSICPP.
It is not apparent that Aboriginal and Torres Strait Islander children and families are provided with effective and appropriate opportunities to participate in decision-making
processes. The legislatively designed mediation process does not operate in practice and does not reflect best practice in terms of being a culturally safe and appropriate
process reflective of an Aboriginal and Torres Strait Islander Family-Led Decision-Making model. A trial of Family Group Conferencing in Alice Springs in 2011-2012 which
was independently evaluated showed promise to ensure children were placed within their Aboriginal kinship networks, but has not been extended or expanded.
A further concern of current Northern Territory practice is that there is no clear requirement, commitment and resourcing of care plans that ensure connections to family,
community, culture and country. In particular, there are no specific requirements for child, family or ACCO participation in the design, implementation and monitoring of care
plans. While the Children’s Commissioner has conducted a review of a small number of care plans, there is no representative review that can demonstrate best practice
compliance at ensuring connections.
In the Northern Territory, as at June 2016 Aboriginal and Torres Strait Islander children are 11.1 times more likely than non-Indigenous children to be in out-of-home care
(OOHC). Of all the children in OOHC, 89.15 per cent are Aboriginal and Torres Strait Islander. Only 30.1 per cent of Aboriginal and Torres Strait Islander children in OOHC
are placed with Aboriginal and Torres Strait Islander kin or other family. These statistics and the underdevelopment of the ACCO sector are alarming and demonstrate that the
Northern Territory has a significant way to go to achieve compliance with the intent of the Aboriginal and Torres Strait Islander Child Placement Principle.
In this context, where the vast majority of children involved in the child protection system and residing in OOHC are Aboriginal and Torres Strait Islander, the absence of a
dedicated Commissioner for Aboriginal and Torres Strait Islander children in the Northern Territory is particularly notable.
While Territory Families (the Department) has improved transparency and accountability by recently making several key policies publically available on its website and
committing to periodically review compliance with the ATSICPP, at present there remains a lack of reporting on and monitoring of compliance with the ATSICPP by Territory
Families or any independent body.
Recent commitments to implement recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory (NT Royal Commission)
1
indicate the intention of the Northern Territory Government to address many of these issues. As set out in the Territory Families 2017 Annual Report and Strategic Plan ,
Territory Families is undertaking major reforms to its family support and child protections system, including legislative reform to be progressed through consultation; a greater
focus on prevention and early intervention; commitment to the Family Matters campaign through the signing of the Statement of Commitment which includes core principles for
working with Aboriginal people and organisations; more support to build the capacity and role of ACCOs in the child, youth and families sectors; a dual pathway system for
reports and referrals to child protection; and the transition of out of home care services to the non-government sector within seven years.
The transition of out-of-home care to the non-government sector includes plans to invest in ACCOs that can work with children in care in culturally safe and sustainable ways.
In accordance with Recommendation 33.12 of the NT Royal Commission, the outsourcing of OOHC will also incorporate an out-of-home care accreditation framework, an
outcomes and performance reporting framework and more robust oversight mechanisms. It is also directly linked to the Government’s two election commitments, to 1) ‘grow
and develop Indigenous non-government organisations focused on looking after children in out-of-home care’ and 2) that ‘Indigenous children requiring care will be supported
by extended Aboriginal families’.
3The NT Government has announced its in-principle support to NT Royal Commission recommendations 40.1 and 40.2 to replace the Children’s Commissioner with a
Commission for Children and Young People, with jurisdiction for all children and young people in the Northern Territory, and two Commissioners, one of whom will be an
Aboriginal person.
NOTE: The materials reviewed for this analysis were compiled throughout 2017 prior to the NT Government releasing its response to the NT Royal Commission on 1 March
2018. As such, it does not fully reflect emerging policy directions in response to the NT Royal Commission. It is expected that the next stage of measuring progress against the
baseline will reflect implementation of the broad agenda for reform emerging from the NT Royal Commission.
4LEGISLATION
Refers to the Care and Protection of Children Act 2007 (NT) unless otherwise stated
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
Northern Territory legislation Northern Territory legislation Section 12 aligns with some Generally, decisions ‘should’ be The Act contains several strong
contains relatively strong principles recognises Aboriginal self- important aspects of best practice, made with the ‘informed principles that recognise a child’s
regarding the primary role or determination (s12(1)), however, however, is limited by the use of participation’ of the child, family right to family, culture, and contact
‘responsibility’ of family for the does not go on to effectively enable the qualifier ‘as far as practicable’, and other persons who are – right to be brought up in
care, upbringing and development independent or representative and includes no requirement for significant in the child’s life (s9(2)). language, tradition, and culture
of a child (s8(1)), a child and participation. While section 12(2) ACCO participation in decision Section 11 lists enablers for (ss8(2), 9(2)(b), 10(g)(h)), and
family’s right for a child to be provides that a representative making. The section provides that informed child participation, presumption that for a child in
brought up in language, tradition, organisation or community of ‘as far as practicable’, an Aboriginal including opportunity to express OOHC, ‘as far as practicable’ and
and culture (ss8(2), 9(2)(b), Aboriginal people nominated by child ‘should’ be placed with – in views that are taken into account consistent with best interests,
10(g)(h) – the latter being a best family ‘should be able to this order – ‘a member of the having regard to maturity and contact with family should be
interest consideration) and the participate’ in decision making, child’s family’, ‘an Aboriginal understanding. encouraged and supported, and
‘responsibility’ of the State to there are no enabling provisions person in the child’s community in In relation to judicial decision- the child should ‘eventually’ be
support families (s7). defining ‘representative accordance with local community making, the court must consider returned to family (s8(4)).
Further, s8(3) states that a child organisation’, mandating practice’, ‘any other Aboriginal the wishes of the child, parents, There are express provisions
may only be removed from family if participation or even attempts at person’, or a non-Indigenous person proposed to be given daily allowing the court to restrict contact
there is ‘no other reasonable way’ participation before decisions are person who in the Department’s care and control (DCC) or parental and regulate it by supervision on an
to safeguard wellbeing. Section made, or requiring a opinion is ‘sensitive to the child’s responsibility, and any other person interim order on adjournment or a
8(4) goes on to state that ‘as far as recommendation of an Aboriginal needs and capable of promoting with a direct and significant interest protection order (ss123(2),
practicable’ and consistent with person or agency regarding the child’s ongoing affiliation with (interest) in the child’s wellbeing 139(1)(d), 139(5)), however, there
best interests, if a child is removed, permanent care order decisions. culture (and if possible ongoing (s130(1)(b) re protection orders, are no express provisions for
contact with family should be In relation to mediation contact with family)’. Further, ‘as far s137H re permanent care orders). directions or orders that would
encouraged and supported, and conferences – which may be as practicable’, a child ‘should’ be A child is necessarily a party to allow or require contact. Where a
the child should eventually be initiated by the Department (with placed in close proximity to the court proceedings (ss94(1)(a), protection order gives daily care
returned to family. the agreement of parents) or court child’s family and community. 125(2)(a)) and may be provided and control or parental
The Act provides an inclusive ordered (ss49, 127) – the The section does state that kin, a with a legal representative if in their responsibility to the Department, it
definition of ‘relative’ and ‘family’ as Regulations instruct that the representative organisation or best interests (s143A). It is ‘must provide opportunity’ for
including persons related by way of convenor must have regard to community ‘should be able to presumed that a child 10 years and contact with parents and other
customary law or tradition, or section 12(2) (above) when participate’ in decision-making, older is able to provide direct family ‘as often as is reasonable
contemporary custom or practice determining who to invite to a however, this is not mandated and instructions, otherwise, will be and appropriate’ (s135(1)(b)).
(ss18, 19). conference (regulation 5 Care and there are no systems in place to represented on a best interests Decisions about contact must be
The Act contains a relatively weak Protection of Children (Mediation ensure that this is implemented at basis (s143B). set out in the child’s care plan
safeguards against giving a non- Conferences) Regulations 2010 an operational level (see Parents are necessarily parties to (s70(2)(c)(ii)).
parent parental responsibility under (NT)). ‘Participation’). proceedings (though not in relation In relation to permanent care
a long-term parental responsibility While section 303 allows for to permanent care orders: s137D) orders, section 137F expressly
direction (a direction in a protection delegation of the functions and and other persons may be parties if prohibits the making of any
order allocating parental powers of the CEO of the it is proposed that they hold DCC direction other than one that
responsibility for more than 2 Department, it is not apparent that or parental responsibility, or if they authorises overseas travel without
years) – that such a direction this has been designed to delegate have an interest in the child’s parental consent. This means no
cannot be made unless the court is functions and powers to Aboriginal wellbeing (ss94, 125). The court contact can be ordered on a
satisfied that the transfer of and Torres Strait Islander must, as far as practicable, ensure permanent care order and no other
responsibility is ‘the best means’ of organisations. each party understands the requirements for maintenance of
safeguarding wellbeing, and ‘there proceedings – and may direct that child’s family or cultural
is no one else who is better suited’ services such as an interpreter be connections can be imposed.
to be given the responsibility provided (s98). A party has a right Despite the principle that a child
5LEGISLATION
Refers to the Care and Protection of Children Act 2007 (NT) unless otherwise stated
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
(s130(2)). There is no requirement of legal representation and the should be eventually returned to
for a demonstration of any or court may adjourn to provide a family (see above), the Act does
reasonable efforts at reunification. reasonable opportunity for this not contain any safeguards
In a similar way, the only real (s101). However, in certain protecting against the making of
safeguard against the making of a circumstances, the court may long-term orders without attempts
permanent care order is that the proceed and make an order in the at reunification (protection order
court must be satisfied that a child absence of the parents (ss105(5), with a long-term parental
is in need of protection, the order is 126(1), including in relation to responsibility direction (s130(2),
the best means to safeguard permanent care orders: s137E) permanent care order: s137G)).
wellbeing, and the proposed despite section 100 requiring There are also no specific
permanent carer has demonstrated attendance of parents. requirements for demonstrated
their suitability (s137G). The court may also hear commitment of carers to the
While section 44 provides that the submissions from a non-party, such maintenance and development of a
Department may provide and fund as a family member, and these child’s cultural connections before
child-related services (defined as a persons may have a legal these orders are made.
range of social services by s13), representative make these Care plans are required for all
there is no provision requiring or submissions on their behalf (s148). children in the Department’s care
even encouraging referral to family Mediation conferences may be (s70). The plan must identify the
support services. initiated by the Department (if the child’s needs, outline measures to
parents agree) to address concerns meet those needs, and set out
about a child’s wellbeing, or by decisions regarding matters such
court order (ss49, 127). The Act as placement and contact (s70(2)).
and Regulations assume the Requirements for 6 monthly review
participation of the child, parents, or plans are provided (s74) and for
and ‘appropriate’ family members. having regard to the views of the
A child may also participate in the child, parents, carer and other
development of a care plan (wishes significant persons in creating
taken into account: s72) and a plans (s72,74). There is no specific
child, parent, carer, and other reference to addressing cultural
person with an interest may connections or needs in case
participate in the review of a care plans.
plan (regard had to views: s74(4)).
6POLICY
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
A relevant prevention focused For a long time, there were no Preference for placement within a Northern Territory policy There are no publically available
policy is the Northern Territory’s publically available policy child’s immediate or extended documents state that families are overarching policy documents that
consideration of Aboriginal child documents that reference or family (for all children) and integral to decision making about emphasise the importance of
13
health outcomes, endorsed by the commit to partnership in any of the compliance with the legislated their children. However, there is maintaining and developing
Northern Territory Aboriginal Health identified best practice ways – this placement hierarchy of the no policy commitment or provision connections to family, community,
Forum – What are the Key included no commitment to co- ATSICPP is emphasised in several for family participation through culture and country, beyond those
11
Services needed to Improve design by ACCOs or a peak body, documents. In relation to all mediation or other conferencing already noted in relation to
Aboriginal Child Health Outcomes no support or prioritisation of children, the Annual Report 2015- means supported by ACCOs such placement. However, recognition of
2
– Progress and Possibilities. ACCO case management or ACCO 2016 states that ‘the search for as Aboriginal and Torres Strait the importance of these
The Department has published a custody or guardianship, and no suitable placement options within Islander Family Led Decision- connections may be inferred to
Family Intervention Framework, support for ACCO capacity building the child’s immediate and extended Making. some extent from policy documents
which briefly defines services to for participation and service family occurs until all options have that promote family contact, sibling
12
reduce child protection involvement delivery. been exhausted’. Recent commitments to implement co-placement, reunification, and
14
and prevent children entering and The only reference to community Otherwise, there is no other policy recommendations of the NT Royal care plans.
remaining in OOHC and how those participation was found in the reference or emphasis on Commission indicate the intention In relation to care plans, the
3
services are targeted. In the past, Standards of Professional reviewing lower-priority of the Northern Territory Standards of Professional Practice
8
the Department noted only briefly in Practice. This is a relatively weak placements, participation of family Government to address these go further than legislation to specify
its Annual Report that part of its position that echoes the legislative and ACCOs in placement decision- issues, including the introduction of that such plans are to identify how
15
budget and work includes support allowance (not requirement) that an making, or ACCOs’ role in kinship a Family Group Conferencing cultural needs will be met. The
to prevent child protection Aboriginal organisation ‘is able’ to carer and other placement model into child protection practice, only reference to family
4
involvement. The Department has participate in child protection identification, assessment, and designed in partnership with participation in the development of
published policies describing the decision making, with the added support. ACCOs and children and families. these plans is noted in the
operation of Parent and Family qualifier of ‘if they have been Department’s Annual Report 2015-
16
Support Services and its internal selected to do so by the child’s In 2017 the Department provided 2016. Otherwise, there is no
casework support approach, family’. some funding to SNAICC – invitation or encouragement of
5
Strengthening Families. However, While the Northern Territory child National Voice for our Children and family or ACCO participation in the
these policies are more related to and family welfare ACCO sector is APO NT to develop an Aboriginal development, implementation, or
service operation than systemic clearly under-resourced and under- OOHC Strategy to create and build review of these plans.
commitment to prevention and valued, including the disbanding of Aboriginal-led and managed OOHC The Standards and Policy –
early intervention (see ‘Programs’). the peak body, there is significant services in the Northern Territory. Reunification repeat the legislative
There is some acknowledgement of current capacity within the This will include drafting a service principle prioritising safe
17
Aboriginal kinship and child rearing Aboriginal health sector to provide model and strategy for establishing reunification.
practices, but this is found in family support services, parenting an Aboriginal OOHC service sector Though it has not yet significantly
process documents, and is not set programs, identification and that among other things, prioritises progressed, the Northern Territory
out as a clear policy position (see support for Aboriginal kinship the placement of Aboriginal Government’s commitment to the
‘Processes’ below). carers, and child children with Aboriginal kinship and transfer for OOHC case
It is promising that the Northern health/development assessments foster carers. management to NGOs is also
18
Territory Government has recently etc. The ACCO health sector have relevant here.
developed an early childhood been involved in promising
strategy, with some discussions with the Department
acknowledgement and actions regarding initiatives, including a
targeted at Aboriginal children and review of cases of Aboriginal
6
families. children on long-term orders with a
Further, Territory Families now view to support for family
more clearly commits to prevention reunification, and development of a
process for referral of ‘low-risk’
7POLICY
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
and early intervention approaches matters to health services.
7
and programs. The Aboriginal Peak Organisations
NT (APO NT) have developed a set
of Partnership Principles designed
to guide the development of
partnerships for non-Aboriginal
organisations to engage in the
delivery of services or development
initiatives in Aboriginal communities
9
in the Northern Territory. The
adoption, commitment, and
implementation of these principles
by the Department and government
represents a good first step to
genuine partnership.
Another recent promising shift
towards partnership and self-
determination is the Northern
Territory’s commitment to ACCO
capacity building and transfer of
10
OOHC case management.
The Minister for Children and
Families’ signing of the Family
Matters Statement of Commitment
is another promising step, though
the commitments and principles
relating to genuine partnership and
self-determination need to be
realised.
8PROGRAMS
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
The Family Intervention Framework There are no Department funded or The Department’s Foster Carer In terms of child, family and There are no government funded
consists of four service supported programs for ACCO Attraction, Recruitment and community participation, although programs (ACCO operated or
components – child safety participation in child protection Retention Strategy 2015-2016 legislation provides for mediation otherwise) that enable family and
intervention, intensive family decision making. While there could seeks to support foster carers, conferences, these do not operate community to participate in care
preservation, reunification support, be an opportunity for ACCOs to including Aboriginal carers, and to in practice (see ‘Practice’ section planning or implement contact
and relative and kinship carer participate through legislatively recruit Aboriginal kinship and other below). In any case, these arrangements or care/cultural
19
support. Policy – Family and provided mediation conferences, carers through ‘talking posters’ and conferences were not designed as plans. There is no ACCO case
27
Parent Support Services sets out these are not designed as ACCO- radio advertisements in language. ACCO-operated ATSIFLDM or management or custody and
20
Department support services. operated Aboriginal and Torres The Nothern Territory Government- similar. guardianship. Family support
Intensive family preservation Strait Islander Aboriginal and run Carer Community website General legal services and programs, including those focused
services have been tendered to Torres Strait Islander Family Led provides information about financial Aboriginal and Torres Strait on achieving reunification, are run
external providers, however this Decision-Making (ATSIFLDM) and support, training, and other support Islander legal services, including by several ACCOs in Central
21
includes only one ACCO. in fact are not occurring in for kinship and other carers. The family violence prevention and Australia.
26
The Department also has also practice – see further Department provides training for legal services may provide The Department does highlight one
supported a Targeted Family ‘Participation – Practice’ below. carers that ‘includes an introduction government-funded legal advice promising program/service – the
28
Support Program, however again There are no funded ACCO-led or to Aboriginal culture’. and representation to children, Community Based Children’s Care
22
only one program is ACCO-run. It operated programs such as There are no other Department parents and family members in Service in Tennant Creek. This
appears however that this service ATSIFLDM, case management, programs and no ACCO-led child protection matters. service allows children in the local
was defunded at the end of the custody and guardianship, peak programs that provide kinship and region to remain in Tennant Creek,
2015-2016 financial year when the body involvement in system design, family scoping, placement ‘close to family connections’, while
Department opted to fund an sector representation and sector identification, assessment and foster or kinship carers are found.
alternate service model that does development, or even ACCO support, ATSIFLDM or similar, or While this service aims to ensure
not require the same level of highly training and review of mainstream reconnection efforts to place children maintain family and
skilled staff. service’s cultural competency. children back with family and community connections, it is run by
The Remote Family Support community. a mainstream service – Lifestyle
29
Service, funded by the A recent promising shift has been Solutions.
Commonwealth Government, the Department’s expanded
operates in 18 remote communities funding to Tangentyere Council, an
and while is not ACCO-run, does ACCO in Central Australia, to find
employ local Aboriginal people who suitable kinship care placements
are ‘fluent in both culture and for Aboriginal children, and to
23
language’. However, difficulties in attract, engage, retain and support
engagement are common and Aboriginal carers.
likely given this service is run by
Territory Families.
The Commonwealth Government
also funds Intensive Family
Support Services (IFSS) for
families with a risk of recurring child
neglect, aiming to ‘help families
keep children in their homes, in
their communities and out of the
child protection system’. There are
several ACCOs delivering IFSS.
Eligibility is closely tied to
9PROGRAMS
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
concurrent referral to child
protection income management
and preferencing of families
already subject to this.
Where an assessment has
determined that future harm to a
child is a low or moderate risk, the
child protection case may be
closed and a Strengthening
Families case opened (with the
consent of the parents). Ongoing
Strengthening Families case
management includes identification
24
of supports required.
While not a specific program, the
Department operates a system of
‘preventative family care payments’
to reduce the risk of harm and
subsequent likelihood of removal
into OOHC. These payments are
25
described as a casework tool.
10PROCESSES
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
While the Care and Protection There are no process or practice While a Policy – Placements The Practice Framework and There are no process or practice
Policy and Procedures Manual is documents that require or enable document exists to guide the Standards of Professional Practice documents that provide guidance
not publically available, some community or ACCO participation Standards of Professional Practice, state the intention to involve on assessing and meeting cultural
understanding of processes can be in child protection decision making. it provides no specific processes to families in decision-making and to needs. However, incidentally
gained from the Department’s As set out above in ‘Policy’, there is ensure legislative and policy ensure they have the information through other policy documents,
Standards of Professional Practice, only a passing reference in the commitments to the placement and support, such as interpreters, some guidance can be found –
34
Practice Framework and other Standards of Professional Practice hierarchy are met. It merely they require to understand and care plans must document family
30
policy documents. that Aboriginal organisations are restates the hierarchy and premise participate – ‘this includes contact arrangements and these
The Standards state that ‘where able to participate if selected by the that all placement options within information about legal processes must be reviewed on a regular
33 37
appropriate, families are referred to child’s family. This does not family are to be exhausted – it does and access to representation’. basis as part of the case review
relevant services to receive require timely or informed not set out how this is to be done, This also involves ‘encouraging’ the process or if a significant event
39
ongoing assistance and/or participation in any decision that it should be done with child, parents, and significant occurs. The importance of sibling
specialised services’ and this is to making, let alone all significant culturally appropriate assessment others to participate, with relationships and preference of
be recorded on the case file. decision making, starting at methods, that it should be recorded ‘continued attempts’ to be made placing siblings together in care is
40
There is some recognition of notification. or that lower-level placements are when individuals are reluctant or noted. For carers, very limited
38
culture that may lead to more There are no other references or to be regularly reviewed with a goal refuse to engage. guidance is provided to keep
appropriate risk assessment and requirements in any available to reconnect with a prioritised The Standards provide specific children connected with family and
safety planning. While not documents that otherwise set out placement. guidance regarding child culture. The Department’s Carer
expressly referencing these processes that align with best In terms of guidance on kinship participation, setting out that where Community website lists suggested
processes, the Tune into Little practice – there are no processes structures and care practices, there a child is required or wishes to activities and then refers carers to
Ones resource recognises and that require recording outcomes of is only passing reference to the attend court, the child is to be the allocated case worker,
values Aboriginal kinship and care participation or require participation importance of kinship networks and assisted to attend and understand Aboriginal Community Worker, or
41
systems, instructing workers to in court proceedings. There are no cultural strengths in child rearing matters by the Department. other cultural advisor.
learn and understand these guidelines for ACCO case practices in the Practice Further, the Department must In terms of reunification, it is set out
31 35
practices, and the Practice management or delegation of Framework. There is no guidance assist the child’s legal that contact increases the
42
Framework describes culture as a custody and guardianship to on how this acknowledgment representative by providing likelihood of family reunification,
source of strength and resilience, ACCOs. informs placement decision- necessary information and the reunification process begins as
recognising the importance of A recent promising shift to build making. Similarly, the resource assisting with arranging meetings. soon as a child is placed in OOHC
extended kinship networks and relationships on the ground and Tune into Little Ones discusses However, there are no processes but it ends if reunification is
cultural strengths in child rearing work more closely with members of kinship and care systems but does that detail culturally safe and determined to be no longer
32 43
practices. the local community is the not expressly guide decision- supported participation such as viable. The reunification policy
36
Department’s support for the Mikan making or practice. through ATSIFLDM, guidance on document sets out that family
Child Protection Reference Group There are no processes that enable consulting children in a culturally members should be provided with
in East Arnhem. Mikan was started family or ACCO participation in safe manner, or requirements to accurate information about the
in February 2017 to provide a link placement decision-making. record and detail consideration of reunification process, timeframes
between Territory Families, the views. and expectations must be
communities, and Mala (clans) in communicated in appropriate
the Nhulunbuy region, and to build language and style, and they must
constructive relationships. The be engaged in case planning in
group shares information and order to develop a realistic
promotes child protection understanding of the possibility of
awareness within the communities reunification. The document states
and discusses high risk cases to that ‘parents and extended family
work together as a group to make should have access to appropriate
safe plans for the child. This and timely services necessary to
encourages participation in facilitate … sustainable
11PROCESSES
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
decision-making and aims to keep reunification’. The document also
children in community and diverted states that consideration will be
away from the child protection given to the ATSICPP and other
system. specific language and cultural
needs of the child and family.
For permanent care orders, there is
instruction that for Aboriginal
children to be considered for an
order, they must have their needs
and proposed care arrangements
assessed under the ATSICPP and
the decision-making process must
44
be documented in detail. A
Permanent Care Order Panel must
endorse an application before the
Department proceeds to make an
application for an order to the court.
While there is a reference to
‘cultural advisors’ on the panel, this
is not specified as a representative
45
Aboriginal community member.
12PRACTICE
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
The proportion of Northern Territory Very limited government funding is The proportion of Northern Territory Mediation conferences as There is no reporting on the
spending on intensive family provided to the ACCO sector in the Aboriginal and Torres Strait envisaged by Northern Territory completion, quality, implementation
support services and family support Northern Territory. As set out Islander children placed with legislation – either initiated by the or review of cultural care plans.
services in relation to total child above in ‘Policy’, there is no Aboriginal or Torres Strait Islander Department or court-ordered – do While the Department states that
55
protection spending has increased recognition, commitment or kin or other family, or an Aboriginal not operate in practice. This throughout 2015-2016, 800
significantly from 2.43% in 2011- prioritisation for ACCO capacity, or Torres Strait Islander home- means there is no effective approved care plans were
46
2012 to 22.46% in 2015-2016. service design and/or delivery, or based carer has fallen from 38.1% program or process through which maintained while other plans cycled
58
However, this is significantly less participation in decision-making. as at 30 June 2012 to 36.2% as at children and families can through review, there is no
52
than the 50% relative percentage There are no available measures of 30 June 2016. participate in non-judicial child breakdown of whether these care
investment recommended by the partnership practice, however, it is However, in terms of the first protection decision-making, and to plans were for Aboriginal and
2010 Inquiry into the child clear from the lack of strong preferred placement, as at 30 June some extent judicial decision Torres Strait Islander children or
47
protection system. legislation, policy, programs and 2016, only 30.1% of children were making. The Department does not appropriately addressed cultural
There is no available data on the processes that practice is poor. placed with Aboriginal and Torres reference any commitment to support needs.
proportion of Aboriginal and Torres Further, there is no apparent Strait Islander kin or other family, initiate mediation conferences or The Children’s Commissioner for
Strait Islander children in the NT practice review of ATSICPP an increase from 27.8% at 30 June more culturally safe processes the Northern Territory conducted a
53
commencing intensive family implementation. 2012. such as ATSIFLDM. This is despite care plan review of a random
support services since 2014-2015. There are no available measures of a promising trial – funded by the sample of cases, finding that 80%
This is reported because ‘the NT whether high-priority placements Department – of family group of Aboriginal children had a plan
did not fund services that met the are maintained through kinship conferencing in Alice Springs in that adequately addressed their
56 59
definition of prevention or care supports, all placement 2011-2012. cultural needs. The review
48
reunification services’. There is options are exhausted in order of While Aboriginal and Torres Strait considered a total sample of 105
no other data available on access hierarchy, or there is regular review Islander legal services exist to cases – 10% of all cases – and 97
to family support services for of lower-level placements with assist children and families, of these cases were of Aboriginal
Aboriginal and Torres Strait higher-level placements made as underfunding of these services, late children. It is unclear what criteria
Islander children and families. soon as possible. referral to these services by the was used to determine adequacy of
In the NT, Aboriginal and Torres The Children’s Commissioner for Department and underfunding of addressing cultural needs.
Strait Islander children represented the Northern Territory has reported interpreter services weakens the The Department does not report on
89.15% of all children in OOHC as a trend in complaints regarding effective participation of children contact or reconnection, and in
at 30 June 2016, an increase from inadequate and/or inappropriate and families in judicial decision relation to reunification only stated
49 57
81.86% as at 30 June 2012. kinship placements for children in making. that the ‘vast majority’ of the 304
54
Aboriginal and Torres Strait remote areas. children leaving care in 2015-2016
60
Islander children were 11.1 times returned to family. The Children’s
more likely than non-Indigenous Commissioner reported the
children to be in OOHC at 30 June Department’s figure as 195 cases
2016, an increase from 6.1 times that were closed with return to
50
as likely at 30 June 2012. As at family – there is no breakdown as
30 June 2016, 3.45% of all to whether these cases involved
Aboriginal and Torres Strait Aboriginal and Torres Strait
61
Islander children in the NT were in Islander children. Considering
OOHC, an increase from 2.15% at that as at 30 June 2016, there were
51
30 June 2012. 1,032 in OOHC, this reunification
percentage is not insubstantial.
In relation to contact, the Children’s
Commissioner reported a trend in
complaints regarding inadequate
13contact between children in OOHC,
and family and significant others.
No permanent care orders were
made in the Northern Territory as
at 1 July 2016, despite ‘a level of
interest’ received by the
62
Department. Since then, the
Department reports that one
permanent care order has been
made in 2016-2017, though it is not
specified whether this is in relation
to an Aboriginal and Torres Strait
63
Islander child.
1
Territory Families, Northern Territory Government, Annual Report 2016-2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/452521/territory-families-annual-report-2016-17-
web.pdf; Territory Families, Northern Territory Government, Strategic Plan 2017-2020, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/449572/Territory-Families-Strategic-Plan-2017-
2020.pdf
2
Northern Territory Aboriginal Health Forum (AMSANT, NTG), What are the Key Services needed to Improve Aboriginal Child Health Outcomes – Progress and Possibilities, April 2016, available at
http://www.amsant.org.au/wp-content/uploads/2017/08/What-Are-the-Key-Core-Services-Needed-to-Improve-Aboriginal-Childhood-Outcomes-in-the-NT-Report-FINAL.pdf
3
See https://childrenandfamilies.nt.gov.au/__data/assets/pdf_file/0003/234066/Family-intervention-framework-specifications.pdf
4
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
5
Territory Families, Northern Territory Government, Policy – Parent and Family Support Services, January 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0009/434763/family-and-
parent-support-policy.pdf; Territory Families, Northern Territory Government, Policy – Strengthening Families, June 2017, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0011/434765/strengthening-families-policy.pdf
6
Northern Territory Government, Great Start, Great Future – Northern Territory Early Years Strategic Plan 2016-2020, available at
https://education.nt.gov.au/__data/assets/pdf_file/0006/275901/DoE_Strategic-Plan.pdf
7
Territory Families, Northern Territory Government, Annual Report 2016-2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/452521/territory-families-annual-report-2016-17-
web.pdf; Territory Families, Northern Territory Government, Strategic Plan 2017-2020, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/449572/Territory-Families-Strategic-Plan-2017-
2020.pdf
8
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf
9
See http://www.amsant.org.au/apont/wp-content/uploads/2015/02/21070504-APO-NT-Partnership-Principles-Updated-version.pdf
10
Territory Families, Northern Territory Government, Annual Report 2016-2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/452521/territory-families-annual-report-2016-17-
web.pdf; Territory Families, Northern Territory Government, Strategic Plan 2017-2020, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/449572/Territory-Families-Strategic-Plan-2017-
2020.pdf
11
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf; Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf; Territory Families, Northern Territory Government, Policy – Placement, February 2017, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0011/425756/placements-policy.pdf
12
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
13
Department of Children and Families, Northern Territory Government, Practice Framework, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0018/234045/practice-framework.pdf
14
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf; Territory Families, Northern Territory Government, Policy – Family Contact Arrangements, July
2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0008/425744/family-contact-arrangements-policy.pdf; Territory Families, Northern Territory Government, Policy – Sibling Groups in
Care, February 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0006/425760/sibling-groups-in-care-policy.pdf; Territory Families, Northern Territory Government, Policy –
Reunification, February 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/425758/reunification-policy.pdf
1415
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf
16
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
17
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf; Territory Families, Northern Territory Government, Policy – Reunification, February 2017, available
at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/425758/reunification-policy.pdf
18
Territory Families, Northern Territory Government, Annual Report 2016-2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/452521/territory-families-annual-report-2016-17-
web.pdf; Territory Families, Northern Territory Government, Strategic Plan 2017-2020, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0004/449572/Territory-Families-Strategic-Plan-2017-
2020.pdf
19
See https://childrenandfamilies.nt.gov.au/__data/assets/pdf_file/0003/234066/Family-intervention-framework-specifications.pdf
20
Territory Families, Northern Territory Government, Policy – Parent and Family Support Services, January 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0009/434763/family-and-
parent-support-policy.pdf
21
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
22
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
23
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
24
Territory Families, Northern Territory Government, Policy – Strengthening Families, June 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0011/434765/strengthening-families-
policy.pdf
25
Territory Families, Northern Territory Government, Policy – Financial Support for Children and Families, February 2017, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/425746/financial-support-child-family-policy.pdf
26
APO NT, Submission to the Royal Commission into the Protection and Detention of Children in the Northern Territory, July 2017, available at
https://childdetentionnt.royalcommission.gov.au/submissions/Documents/submissions/Aboriginal-Peak-Organisations-Northern-Territory-July-2017.pdf
27
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
28
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
29
Department of Children and Families, Northern Territory Government, Annual Report 2015-2016, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0010/379594/Department-of-Children-
and-Families-annual-report-2015-16.pdf
30
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf; Department of Children and Families, Northern Territory Government, Practice Framework,
available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0018/234045/practice-framework.pdf
31
See https://territoryfamilies.nt.gov.au/children-and-families/tune-in-to-little-ones
32
Department of Children and Families, Northern Territory Government, Practice Framework, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0018/234045/practice-framework.pdf
33
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf
34
See Territory Families, Northern Territory Government, Policy – Placement, February 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0011/425756/placements-policy.pdf;
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf
35
Department of Children and Families, Northern Territory Government, Practice Framework, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0018/234045/practice-framework.pdf
36
See https://territoryfamilies.nt.gov.au/children-and-families/tune-in-to-little-ones
37
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf; Department of Children and Families, Northern Territory Government, Practice Framework,
available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0018/234045/practice-framework.pdf
38
Department of Children and Families, Northern Territory Government, Standards of Professional Practice, March 2014, available at
https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0019/234046/standards-of-professional-practice.pdf
39
Territory Families, Northern Territory Government, Policy – Family Contact Arrangements, July 2017, available at https://territoryfamilies.nt.gov.au/__data/assets/pdf_file/0008/425744/family-contact-
arrangements-policy.pdf
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