Baseline Analysis of Best Practice Implementation of the Aboriginal and Torres Strait Islander Child Placement Principle Victoria April 2018 - SNAICC
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Baseline Analysis of Best Practice Implementation of the
Aboriginal and Torres Strait Islander Child Placement Principle
Victoria
April 2018
1Introduction
This resource presents a baseline analysis of the progress of Victoria 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.
2Victoria
Victoria clearly has one of the strongest legislative and policy frameworks in the country for addressing the full intent of the ATSICPP. The Victorian Department of
Health and Human Services (Department) demonstrates a high level of transparency, publishing a broad range of relevant policies, practice manuals, and program
guidelines on its website. The Department also enables oversight by Aboriginal leaders and organisations by reporting key data to, and seeking input from, Aboriginal
or Torres Strait Islander Community Controlled Organisations (ACCOs) at the quarterly Aboriginal Children’s Forum (Forum), which is made up of representatives
from ACCOs, the community sector and government. The Forum’s terms of reference set out its aims to progress self-determination and address the over-
representation of Aboriginal children in out-of-home care (OOHC) by delivering on agreed priorities.
Victoria is one of the only states to recognise the role of Aboriginal and Torres Strait Islander organisations to participate in all significant decisions for their children,
to support a state-wide model of Aboriginal and Torres Strait Islander Family-Led Decision Making (AFLDM), and to fund ACCOs for participation in policy
development and design as well as family support and OOHC functions. It is the only state to have starting implementing the delegation of statutory child protection
powers to Aboriginal organisations and is one of few states that mandates cultural support planning for all Aboriginal and Torres Strait Islander children in OOHC.
In 2016, the Victorian Commission for Children and Young People conducted two systemic inquiries concerning Aboriginal children in care, ‘Always was, always will
be Koori children’ and ‘In the child’s best interest’ and found that while the legislation and policy settings were generally sound there was:
1
• overall minimal practice compliance across the following key domains:
• identification of Aboriginality – was the Aboriginality of the child correctly determined by the completion of the investigation stage
(partial compliance);
• Aboriginal Child Specialist Advice and Support Service – was regard given to the advice of ACSASS at every significant decision point
(partial compliance);
• Aboriginal Family-Led Decision Making – was an AFLDM meeting convened at substantiation and making of a protection order
(minimal compliance);
• placement hierarchy – is there evidence that the child was placed at the highest possible level of placement hierarchy
(partial compliance); and
• maintaining cultural identity – is there a completed cultural support plan or case plan that considers opportunities for continuing contact with Aboriginal
family, community and culture
(minimal compliance); and
• deficient practices by the Department and community services organisations, including non-compliance with legislative and practice requirements for cultural
2
planning and inadequate inclusion and engagement with Aboriginal family, programs and community in decision making.
The more recently released report of an inquiry into the ‘permanency amendments’ by the Commission draws attention to continuing concerns across a number of
these areas and potential negative impacts of the amendments for Aboriginal and Torres Strait Islander children.
Notably, however, Victoria is the only state to have established an independent Children and Young People’s Commissioner dedicated to issues impacting Aboriginal
children, the Commissioner for Aboriginal Children and Young People, and is the only state to enable this level of detailed review of ATSICPP implementation to
identify gaps and challenges.
A range of policy and program responses to the issues identified in the Commission’s reviews have been undertaken since 2016 which demonstrate significant
commitment to reforms that could address implementation gaps, such as:
• new practice requirements and client recording to support the earliest identification of Aboriginality including senior oversight and executive approval to ‘de-
identify’ Aboriginality;
• a new kinship care model that aims to identify kinship carers earlier, strengthen connections, and better support kinship carers;
3• the transfer of case management of all Aboriginal children in OOHC to an ACCO;
• more broadly, the transfer and placement of all Aboriginal children in OOHC under the authority, care and case management of an ACCO – this includes the
continued trial and full operation of section 18 delegation of functions and powers to an Aboriginal organisation;
• implementation of a new model of cultural planning for Aboriginal children in OOHC that establishes dedicated cultural adviser positions within ACCOs, a
statewide coordinator within an ACCO, development of an online cultural portal and portal administrator as well as a requirement that all cultural plans be
endorsed by the CEO of an ACCO;
• expansion of the Aboriginal Child Specialist Advice and Support Service that provides Aboriginal input to all child protection significant decisions and review
of the program requirements for the service;
• review of the operation of the Aboriginal Family-Led Decision Making program to improve service delivery; and
• the development and piloting of the Return to Country Framework which aims to guide ACCOs delivering Return to Country programs across the state and
fund camps for Aboriginal children.
In Victoria, Aboriginal children and families are significantly over-represented in child protection and care services with 8.73 per cent of children in OOHC compared to
0.6 per cent for non-Aboriginal children, as at June 2016. At that time, Aboriginal and Torres Strait Islander children were 14.6 times more likely than non-Indigenous
children to be in OOHC and 42.1 per cent were placed with Aboriginal and Torres Strait Islander family and kin. These and other statistics reflect that Victoria has a
significant way to go to achieve full compliance with the intent of the ATSICPP.
4LEGISLATION
Refers to the Children, Youth and Families Act 2005 (Vic) unless otherwise stated
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
Victorian legislation strongly Victorian legislation recognises Victorian legislation is strongly Victorian legislation includes Section 10(3)(c) recognises the
recognises the primary role of Aboriginal self-determination and aligned with best practice. several general and specific need to protect and promote an
family to a child’s care and well- makes strong provision for In making a decision to place an provisions allowing and enabling Aboriginal child’s cultural identity
being, a child’s right to culture with independent and representative Aboriginal child in OOHC, an Aboriginal family participation. by, wherever possible, maintaining
community and the need for State Aboriginal participation in child Aboriginal agency must ‘first’ be Section 11 sets out decision- and building connection to
support of the family. protection decision making. ‘consulted’ (s12(1)(c)). making principles generally that Aboriginal family and community.
In determining the best interests of Relevant provisions include: Section 13 sets out the placement promote child and family ‘Desirability’ for a child in OOHC to
a child s10 calls for consideration • recognition of the principle of hierarchy, requiring ‘as a priority, engagement and processes that retain connection with culture is to
of: Aboriginal self-management and wherever possible’, a child is to be are fair and understandable. be considered in determining
• the need to protect the parent self-determination (s12); placed with Aboriginal extended Section 11(f) provides that a child her/his best interests (s10(3)(m).
and child relationship and • opportunity ‘should’ be given for family or relatives, ‘and where this and all relevant family members Contact with family is also a best
intervene only as necessary for Aboriginal community members is not possible’, other extended should be ‘encouraged and given interests consideration (s10(3)(k))
the child’s safety and well-being; to contribute views (s12(1)(a)); family or relatives. If, after an adequate opportunity’ to participate and may be court ordered for
• the need to promote positive • in relation to a placement or Aboriginal agency is ‘consulted’, in decision making. interim orders (s263(8)), one type
relationships between the child other significant decisions, a neither of these placements is Section 12(1)(b) provides that a of final protection order (s287(3) –
and parent/s and family meeting ‘should’ be convened ‘feasible or possible’, a child may placement or other significant family reunification order) and to a
members; and by an Aboriginal convenor and be placed with an Aboriginal family decision in relation to an Aboriginal limited amount for permanent care
from the child’s local community child ‘should’ involve a meeting orders (s321(1)(d),(e)).
• the need to protect and promote ‘wherever possible’ be attended
cultural identity by, wherever by the child, family and who is within close proximity to the convened by an Aboriginal There is a stated ‘desirability’ to
possible, maintaining and community members child’s family, or an Aboriginal convenor and ‘wherever possible’ plan for reunification (s10(3)(i)),
building connection to Aboriginal (s12(1)(b)); family from another Aboriginal include the child, parents, extended where a child has been in care for
family and community. • in relation to a decision to place community – though no preference family and community members a cumulative period of less than 12
an Aboriginal child in OOHC, an is expressed between these two (determined as relevant by the months (s167(3)). After this, a plan
Section 11(a) recognises the
Aboriginal agency ‘must’ be placement options. The section parent/s). The legislation does not for reunification is only appropriate
State’s role in supporting families to
‘consulted’ (s12(1)(c)); continues to then list the ‘last specify when a meeting should if safe reunification is likely in the
promote a child’s safety and well-
resort’ placement as a non- take place and how it would be next 12 months, or in exceptional
being. • a permanent care order for an
Aboriginal family living in close enabled. circumstances, if a child has been
Section 10(g) provides that a child Aboriginal child ‘must not’ be
proximity to the child’s family. There is further specific provision in OOHC for 24 months (s167(4)).
is only to be removed if there is an made unless recommended by
Any non-Aboriginal placement must for a child’s views and wishes to be No final order removing a child can
‘unacceptable risk of harm’. an Aboriginal agency
be able to ensure that a child’s taken into consideration in be made without reasonable steps
Before any final protection order is (s323(2)(a)); and
culture and identity is maintained determining his/her best interests to provide services to enable the
made, ss276(1)(b) and (2)(b) • the principal officer of an child to remain in parental care
through contact with the child’s (s10(3)(d)), and specifically in
require that all reasonable steps Aboriginal agency may be (s276(2)(b)).
community (s13(2)(c)). relation to Aboriginal children, that
are taken to provide services authorised to exercise specified
Section 14 provides a number of whether they identify as Aboriginal A cultural support plan is required
necessary in the best interests of functions and powers in relation
further considerations to be taken be considered (s14(1)). for an Aboriginal child in OOHC
the child, and services to enable to protection orders for
into account in placement decision In relation to court proceedings, the (s176). The plan must set out how
the child to remain in his/her Aboriginal children (ss18, 18A-
making including: court must ‘allow’ the child, the child is to remain connected to
parent/s’ care. 18D).
• whether the child identifies as parents, and other directly community and culture (s176(3))
Chapter 3 provides for resourcing The legislative requirement for the and must be reviewed at case plan
Aboriginal and their expressed interested parties to participate
of community-based child and participation of an Aboriginal review – at least every 12 months
wishes; (s522(1)(c)) and must take steps to
family services to provide agency in all significant decisions (s169).
• the child’s sense of belonging ensure the proceedings are
assessments, support services, for a child is enacted by requiring
comprehensible (s522(1)(a) and A permanent care order may not be
5LEGISLATION
Refers to the Children, Youth and Families Act 2005 (Vic) unless otherwise stated
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
referrals and entry to integrated the Secretary in section 16(1)(j) to where they have parents from (b)). made placing an Aboriginal child
local service networks for families. give effect to a Protocol with two different Aboriginal Section 525 sets out a broad range solely in the care of a non-
This Chapter, in Part 3.2, allows for Victorian ACCOs (see ‘Policy’ communities; and of proceedings for which a child Aboriginal person unless there is
referral to support services. section below) that in turn requires • the child’s best interests where aged 10 years or more is no suitable Aboriginal placement,
participation in all significant they have one Aboriginal and presumptively required to be legally there has been consultation with
decisions. one non-Aboriginal parent. represented. Section 524 provides the child and the order accords with
that the court may or must adjourn the ATSICPP (set out in the Act)
proceedings in certain (s323(1)). No permanent care order
circumstances if a child is not may be made unless an Aboriginal
legally represented. The section agency recommends the order and
also provides that the court may a cultural plan has been prepared
adjourn proceedings if a parent is (s323(2)).
not legally represented. Specific functions and powers may
be delegated to an Aboriginal
agency (ss18, 18A-18D).
6POLICY
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
The Victorian Government’s 2016 Policy in Victoria requires the Victorian policy reinforces the Victorian policy builds on the Victorian policy is strong in
Roadmap for Reform prioritises Department to ‘consult’ with an legislated placement hierarchy. legislated allowance for Aboriginal recognising the importance of an
prevention and early intervention ACCO in relation to all significant The Aboriginal Child Placement and Torres Strait Islander family Aboriginal child’s cultural
and commits to working with decisions about an Aboriginal child. Principle Guide 2002 repeats the participation through a family connections.
Aboriginal communities to develop A Protocol exists with two Victorian hierarchy and that the order of meeting by providing for Aboriginal The Roadmap for Reform includes
strategies regarding earlier and ACCOs in relation to this priority of placement ‘is to be Family-Led Decision Making as a guiding principle – ‘supporting
4 12
more culturally competent services, consultation. followed in the absence of good (AFLDM) meetings. This AFLDM the connection of all children,
10
including co-design of universal The Roadmap for Reform lists as a cause to the contrary at all times’. policy also states a practice aim as young people and families to their
3 13
services. guiding principle – ‘ensuring This document also recognises the – empowering children to find their family, cultures and communities’.
The policy sees an enhanced role Aboriginal self-determination role of family and ACCOs in voice and speak out about their The Roadmap describes as a
for universal services, integrated around decision making and care placement decision making. experience in a safe environment – ‘major concern’ the finding of
14
wraparound supports and targeted for Aboriginal children and More recently, the Victorian it is essential that children are Taskforce 1000 that the majority
5
early interventions. families’. The document states a Government has committed to a involved in the decision-making of Aboriginal children in care are
The Roadmap specifically staged plan will be developed for new model for kinship care that process (even if the child does not not connected with community and
promotes the role of ACCOs, the transition of placement and seeks to identify kinship carers attend the meeting). culture and commits to the
noting the need for capacity case management, including earlier, strengthen Aboriginal implementation of cultural support
building. OOHC management and custody community connections, and better plans.
and guardianship of Aboriginal support kinship carers. The new Various program and process
children to ACCOs – this will model is supported by $33.5 million documents recognise and promote
involve capacity building of investment and includes support to family and ACCO participation in
11
ACCOs. ACCOs. the development of cultural support
The Roadmap commits to working plans (see ‘Programs’ and
with Aboriginal communities in ‘Processes’ below).
service design. The Roadmap also There is a stated policy focus on
calls for ACCOs to provide greater ‘maximising opportunities for
15
oversight and coordination of reunification’ and reunification as
wraparound supports. the preferred case planning
In 2017, the Victorian Government permanency objective where the
16
made several significant child is in OOHC.
commitments, backed up with As part of the Roadmap reforms,
funding, including $1.1 million for the Victorian Government has
ACCOs to case manage 120 committed to providing ‘return to
Aboriginal children living in kinship country’ cultural and family
6
care; a wider commitment to connection programs for 20
transfer the case management of Aboriginal children residing in
17
all Aboriginal children in OOHC to OOHC over an 18 month period.
ACCOs (target of 30% ACCO
7
management by Dec 2017); and
the even higher level commitment
to implementing section 18 – the
exercise of Departmental functions
and powers by ACCOs in relation
to Aboriginal children on protection
7POLICY
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
orders under the Aboriginal
Children in Aboriginal Care
8
program.
The Roadmap also acknowledges
the important work of the Aboriginal
Children’s Forum, which since
2015 has convened ACCOs,
community service organisations
and government (including the
Department) with an aim to
progressing self-determination and
redressing the over-representation
of Aboriginal children in OOHC.
The Forum is an important site for
ACCOs to demand accountability
and participate in, and in fact lead,
9
policy and program development.
The Department also launched a
comprehensive Aboriginal health,
wellbeing and safety strategic plan,
Korin Korin Balit-Djak in 2017
embedding Aboriginal self-
determination as the core principle
underpinning all policy domains.
8PROGRAMS
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
Child FIRST is a support and In line with the Protocol with two Aboriginal Child Specialist Advice AFLDM meetings allow for an AFLDM meetings have been
referral service which provides a ACCOs, Aboriginal Child Specialist and Support Services (ACSASS) ACCO co-convenor to ensure the identified as useful in developing
central referral point for community- Advice and Support Services are operated by two ACCOs – the cultural integrity of the process cultural support plans with family
based family support services and (ACSASS) are operated by the Victorian Aboriginal Child Care however such co-convening is and ACCOs.
an alternative referral pathway to Victorian Aboriginal Child Care Agency (VACCA) and Mallee noted as the ‘preferred practice for Currently, a Cultural Plan
child protection. In some areas, Agency (VACCA) and Mallee District Aboriginal Services Aboriginal children’ rather than Brokerage Initiative exists to
27
referrals about Aboriginal children District Aboriginal Services (MDAS). As part of ACSASS’s role, mandatory. AFLDM is initiated at provide funding to implement
and families may be made directly (MDAS). ACSASS are required to they ‘consult’ with and are substantiation of harm and when a cultural support plans, providing
to ACCOs. A referral may be made be consulted by the Department consulted by the Department child is subject to a protection $786,000 in 2017-18. The
to the ‘Integrated Family Support about all significant decisions regarding placement decisions. order. The Program Guidelines Roadmap for Reform commits to
18
Services’ program. including placement decisions, ACSASS must be consulted even if recognise the importance of increase funding to ensure cultural
Integrated Family Support Services provide advice, attend joint visits, the Department is working with participation of family in decision support plans are in place for all
24 28
(Indigenous)(IFS) is a local area and assist families to understand other ACCOs. making and AFLDM as an action Aboriginal children in OOHC.
network of family services, the child protection process. AFLDM meetings in Victoria are to aligning with the right to self- Targeted Care Packages are
including a community-based child Aboriginal Family-Led Decision be initiated at substantiation of determination. aimed at children in OOHC
protection practitioner, and may Making (AFLDM) meetings include harm and when a child is subject to AFLDM necessarily involve family including residential care to assist
include an Aboriginal worker. IFS an ACCO co-convenor to ensure a protection order. AFLDM have in decision making. them to return home, move to a
engages families and provides the cultural integrity of the family been identified as a General legal services and foster or kinship placement, or
29
services such as in-home group conferencing process. program/process that can assist in Aboriginal and Torres Strait transition to independent living.
intervention, casework, and However, the Family-Led Decision kinship and other placement Islander legal services, including In Oct 2016, further funding
counselling. IFS may link to AFPP, Making Program Guidelines 2016 identification. family violence prevention and ($687,000) was committed to 10
AFRS (ACCO-run, see below) or state that an ACCO co-convened The Roadmap for Reform commits legal services, may provide ACCOs to help ensure Aboriginal
make other referrals. AFLDM is the ‘preferred practice to funding for a stronger focus on government-funded legal advice children in OOHC are connected to
The Aboriginal Family Preservation for Aboriginal children’ rather than the recruitment of Aboriginal and representation to children, their culture and community
21 25
Program (AFPP) commenced in mandatory. AFLDM is initiated at kinship and foster carers. parents and family members in through these Targeted Care
substantiation of harm and when a 30
1998 and provides intensive Following this, the Victorian child protection matters. Packages.
support over a short period to child is subject to a protection Government has committed, and In relation to ACCO case
prevent removal or enable order. committed funding to, a new model management, including OOHC
reunification. The program is In relation to case management, for kinship care that seeks to case management and section
‘grounded in Aboriginal culture’, some Victorian ACCOs are identify kinship carers earlier, 18/Aboriginal guardianship – see
using intensive family support, currently case contracted to strengthen connections, and better the ‘Partnership – Programs’
practical assistance, and parenting manage some Aboriginal children support kinship carers (see also section.
26
education. There are currently 5 in OOHC placements, including ‘Policy’ above). In relation to ACCO run family
AFPPs run by ACCOs. kinship care placements (see reunification programs – see
Aboriginal Family Restoration ‘Practice’ section below for details). ‘Prevention – Programs’ section.
Services (AFRS) commenced in An ‘as if’ trial of delegation of Recently, a Return to Country
2006. The services are similar to statutory functions for children framework has been developed to
AFPPs but are residential based, under certain protection orders by guide return to country programs
22
providing 24/7 in-home support to an ACCO ran from 2013 to 2015 undertaken by ACCOs – it is
families where there is an imminent and in 2016 funding was allocated currently being piloted by two
risk of removal. There are currently to enable full implementation of 31
19
ACCOs.
3 AFRS run by ACCOs. section 18. This commenced in
Aboriginal Family-Led Decision November 2017. Through the
9PROGRAMS
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
Making (AFLDM or ATSIFLDM) is Aboriginal Children in Aboriginal
initiated at substantiation of harm Care program (the program name
and when a child is subject to a for implementation of section 18)
protection order. The former 36 children have been authorised
provides an opportunity to address to the Victorian Aboriginal Child
concerns and divert from further Care Agency in the north
20
statutory intervention. metropolitan region in Melbourne.
A rural trial of Aboriginal
guardianship is also continuing to
mid-2018 in Bendigo at Bendigo &
23
District Aboriginal Cooperative.
10PROCESSES
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
An extensive publicly accessible In relation to consulting with an The Manual contains guidance for The Family-Led Decision Making The Manual and Aboriginal and
online Child Protection Manual ACSASS, the Manual sets out a practitioners on understanding and Program Guidelines 2016 set out Torres Strait Islander Child
provides policies, procedures, non-exhaustive list of what identifying Aboriginal kinship procedures to enable accessible, Placement Principle Guide 2002
advices, and protocols for child constitutes a ‘significant decision’, relationships and assessing timely and informed family specifically mandate that the
32 38
protection practitioners. starting as early as ‘classification of potential kinship carers, including participation in AFLDMs. This Department seek advice about the
35
The Aboriginal Child Placement report’. The Manual directs linking to a detailed document includes guidance regarding identification of, and approaches to
Principle Guide 2002 directs practitioners to share information which includes definitions of kin referral to AFLDM, cultural safety, meeting, an Aboriginal child’s
39
practitioners to ensure all efforts with and seek participation of and processes to be undertaken the attendance of support persons, cultural needs from ACSASS.
37
are taken to strengthen families ACSASS, including to organise for including developing genograms. participation of Elders at the Essentially, ACSASS are to be
and keep them together before ACSASS to attend client visits, The Manual sets out procedures for parents’ discretion, preparation, consulted in the development of
statutory intervention is planning meetings, and court involving family and ACCOs (and family engagement and the cultural support plans. The Manual
33
considered. hearings. Practitioners are required ACSASS) in placement decision meeting process. The Guidelines notes that AFLDM can be used to
The Manual emphasises the to record consultations with making, including early also note the need for an engage families to develop cultural
importance of early identification of ACSASS and reasons if involvement, information exchange, assessment of the appropriateness support plans.
a child as Aboriginal and/or Torres consultation or involvement does and AFLDM. of the child’s attendance. The Manual states that
Strait Islander. An information not occur or is declined by family. The Manual clearly directs The Manual provides advice about development of a cultural plan is to
sheet accessible through the In relation to permanency practitioners that ‘if placement in the conduct of an interview with a commence within 2 weeks of a
Manual clearly sets out processes decisions, once a decision has OOHC is likely or necessary, child, including that an interview child being placed in OOHC. A
to identify a child as Aboriginal or been made to pursue a permanent consult ACSASS beforehand without parental permission is only Senior Advisor – Cultural Planning
Torres Strait Islander starting at care order, a meeting must be held unless this would result in an to occur in exceptional from the local ACCO supports
intake, including a script of with the VACCA permanent care unreasonable delay or as soon as circumstances (and where it aligns development of the plan and it is
questions and recording team to discuss VACCA’s possible after placement’. The with the child’s best interests) and signed off by the CEO. Then,
requirements. Identification must development of its permanent care Manual states that ACSASS will that in such cases a supportive regular reviews are required as part
be confirmed at the end of the cultural assessment report. The assist in the identification of a adult should be present. of the broader case planning
investigation stage. The Roadmap Manual sets out the legislative placement for an Aboriginal child In relation to legal representation, review process (within 12 months
for Reform prioritises stronger requirement but later states that it and further that ‘if after consultation the Manual sets out processes for or otherwise as set out in
consultation with ACCOs to identify is ‘good practice’ to not lodge an between child protection, the directing Aboriginal parents to the legislation). The Manual specifically
34
children who are Aboriginal. application for a permanent care family, and ACSASS it is decided Victorian Aboriginal Legal Service states that the Department must
Child FIRST, as set out in the order without a VACCA report that a suitable kinship care and for ensuring eligible children consult ACSASS about addressing
36
‘Programs’ section above, provides recommending the order – it is placement is not available then a obtain legal representation, areas where cultural connections
an alternative referral pathway to concerning that this is referred to placement through an ACCO or preferably prior to a court hearing. need to be encouraged.
support services at intake, as ‘good practice’ given the other CSO can be sought’. The Manual provides advice about
including to Integrated Family legislative bar on the making of an The Manual reinforces the developing and implementing the
Support Services. The Department order unless recommended by an legislative provision that kinship cultural plan, including involving
may also make referrals to Aboriginal agency (see ‘Legislation’ care is the preferred home-based children and family, documentation,
community-based child and family section above). placement type and ‘must be implementation, and review.
services at any point, starting at considered and investigated before In relation to reunification, the
intake/notification. any other placement option is Manual sets out detailed processes
considered’. for assessing and pursuing
reunification, including that it
should be assessed and planned
for as early as possible, supported
and reviewed.
11PRACTICE
40
Note- the Victorian Commission for Children and Young People has conducted significant review of the practice and practical implementation of the ATSICPP and is referenced below
PREVENTION PARTNERSHIP PLACEMENT PARTICIPATION CONNECTION
The proportion of Victorian There are 13 ACCOs that are part The proportion of Victorian The Victorian Commission for The Victorian Commission for
spending on intensive family of the Victorian Aboriginal Children Aboriginal and Torres Strait Children and Young People in its Children and Young People in its
support services and family support and Young People’s Alliance plus Islander children placed with inquiry into compliance with the inquiry into compliance with the
services in relation to total child other non-member ACCOs (a Aboriginal or Torres Strait Islander ATSICPP found that from January ATSICPP found that from January
protection spending rose slightly similar number of predominately family or other family, or an 2013 to December 2014 there was 2013 to December 2014 there was
from 22.68% in 2011-2012 to health ACCOs) that provide child Aboriginal or Torres Strait Islander only ‘minimal compliance’ with the only ‘minimal compliance’ with the
41
24.95% in 2015-2016. This is the and family services and support. home-based carer rose from 55.3% requirement to convene an AFLDM requirement to complete a cultural
highest proportion of spending of The Victorian Aboriginal Child Care as at 30 June 2012 to 73.8% at 30 meeting at substantiation and at support plan or a case plan that
53 57
any jurisdiction in Australia. Agency (VACCA) also provides June 2016. However, in terms of the making of a protection order. considers opportunities for
Of all children commencing an services across the state and the first preferred placement, as at The Commission found that there continuing contact with Aboriginal
59
intensive family support service in inputs to policy design alongside 30 June 2016, only 69.8% of were disproportionately few family, community, and culture.
Victoria within 2015-2016, only the Alliance. children were placed with family, AFLDM meetings in 2014-2015, The Commission found that where
6.35% were Aboriginal and Torres The Victorian Commission for including Aboriginal or Torres Strait only 250 referrals – 141 matters cultural support plans were
Strait Islander. This proportion is up Children and Young People in its Islander kin or other family, an went on to the meeting stage – out mandatorily required for Aboriginal
from 5.4% in 2011-2012, however, inquiry into compliance with the increase from 50% at 30 June of 1,250 intended (funded) AFLDM children, as at 31 December 2014
54
is still extremely low considering ATSICPP found that from Jan 2013 2012. The current rates are the meetings. Further, some meetings (children under certain
the over-representation in the child to Dec 2014 there was only ‘partial highest rates of appropriate that did occur were held months or guardianship orders), only 29%
protection system, and relative to compliance’ with the requirement placements in Australia. even years after substantiation. were in place. Noting that it was
42
other jurisdictions. that regard be given to the advice The Victorian Commission for The Commission also found that always best practice for all
In terms of other practice of ACSASS at every significant Children and Young People in its the Department often did not follow Aboriginal children in OOHC to
measures, a 2011 KPMG report decision point. The Commission inquiry into compliance with the processes to refer cases to AFLDM have cultural support plans (despite
about Child FIRST and IFS found that the Department was not ATSICPP found that from January convenors within 24 hours or hold a then lack of legislative
commissioned by the Department contacting ACSASS about every 2013 to December 2014 there was discussions with the convenor. requirement), the Commission
found clear indications of greater Aboriginal child and not at every only ‘partial compliance’ with the The Commission did find that when found that at 31 December 2014,
capacity for earlier intervention as significant decision point. For placement hierarchy. It found that held AFLDM produced valuable only 6.7% of Aboriginal children in
evidenced by an increase in the example, ACSASS attended first placement was not being made at outcomes in delivering culturally OOHC had a cultural support plan.
proportion of families receiving home visits for only 31% of children the highest level ‘as a priority, based decision making – that there The Commission believes that
more intensive service provision and were contacted by the wherever possible’. It found that not was unanimous agreement that the cultural support plans need to be
and consistent prioritisation of more Department prior to placement all Aboriginal extended family AFLDM program is extremely active living documents that are
vulnerable families. The report changes in only 23% of cases. members were identified before valuable in making important reviewed by a community
suggested that the introduction of Only 29% of case files recorded lower level placements were made, decisions to keep a child safe, and Aboriginal panel to ensure cultural
Child FIRST and IFS had a ACSASS’s views. Further, there and only 56% of Aboriginal children maintain the child’s culture and rigour and connection. They should
reasonable moderating effect on were disproportionately few were placed with kin – 31% with identity through connection to their also be reviewed annually and
47
child protection growth. The report AFLDM meetings. Aboriginal kin, and 25% with non- community. The Commission also cultural care plan compliance
found that ACCO engagement was The Commission’s Safe and Aboriginal kin. The Department found that ACCOs were limited in should be reported on annually by
60
being limited by ACCO capacity Wanted report also finds poor reports that placement with the AFLDM process due to the Department.
48
constraints and lack of access to engagement with ACSASS. Aboriginal kin is now at 44.5%. It resourcing and capacity The Commission’s Safe and
local ACCOs. The Commission believes that also found that there was no constraints. Wanted report into the
In relation to identification of ACSASS program should be evidence of prioritisation of Also significantly, the Commission ‘permanency amendments’ found
children as Aboriginal and/or expanded across ACCOs to better placement with an Aboriginal carer found that the AFLDM program very poor compliance with cultural
Torres Strait Islander, the Victorian reflect local knowledges and from another community over a does not always appear to be truly support plan requirements – more
Commission for Children and contexts and better comply with non-Aboriginal carer in the child’s family-led, with Departmental staff than 80% of Aboriginal children in
1249 55
Young People in its 2016 reports – principles of self-determination. local community. over-represented at meetings, OOHC had no cultural support plan
into compliance with the ATSICPP, Since then, in 2016-17 the The Commission believes that Elders not being fully briefed, and in the period of March-August
and separately into Aboriginal Department increased funding for there needs to be a focus on families not being well-represented. 2016, There was also an increase
children in OOHC – found only ACSASS by an additional $3.6 documentation of decision making Again, in the Commission’s Safe in the number of Aboriginal children
‘partial compliance’ with the million over two years to improve processes with regard to hierarchy and Wanted report, it found poor without a cultural support plan
56
requirement that Aboriginality be capacity to consult on significant compliance. and delayed practice in convening since the introduction of the
58 61
correctly determined by the end of decisions. The Department AFLDM. amendments.
43
the investigation stage. undertook a review of ACSASS in The Department is undertaking a The 2013-2015 ‘as if’ Aboriginal
In Victoria, Aboriginal and Torres 2017 and agreed to implement the review of the AFLDM program guardianship trial saw 46% of the
Strait Islander children represented Commission’s recommendation requirements to address these small project cohort of 13 children
19.3% of all children in OOHC as at that ACSASS should be opened up concerns. returned from foster or residential
62
30 June 2016, an increase from for provision by other ACCOs in care to parents or family.
44
16.56% as at 30 June 2012. 2018-19. The Safe and Wanted report by the
Aboriginal and Torres Strait As at Dec 2015, according to the Commission found that the rate at
Islander children were 14.6 times Commission, ACCOs managed which Aboriginal children and
more likely than non-Indigenous about 14% of Aboriginal children in reunified with their parents
children to be in OOHC at 30 June OOHC placements (223 of 1,579). decreased by 9% in the 6 months
2016, up from 10.1 times as likely At this same time, ACCOs were following the permanency
45
at 30 June 2012. As at 30 June only funded to deliver 275 amendments, compared with the 6
63
2016, 8.73% of all Aboriginal and placements. Under the Victorian months prior.
Torres Strait Islander children in Aboriginal Kinship Care Model, as In the Commission’s systemic
Victoria were in OOHC, an at 2014-2015 and as reported by inquiry into Aboriginal children in
increase from 5.06% at 30 June the Commission, 9 ACCOs were OOHC (flowing from Taskforce
46
2012. case contracted the management 1000), it found that ‘Aboriginal
of a maximum of 114 kinship care children in OOHC are provided with
50
cases. The Department agreed to greater opportunity for meaningful
targets set by the Aboriginal engagement with culture when their
Children’s Forum to contract all placement, case management and
Aboriginal children on contractible guardianship are provided by an
orders in OOHC to ACCOs by ACCO’. The Commission found
2021. In 2017, $1.1 million was that the majority of Aboriginal
provided to fund an additional 120 children in care are not connected
64
Aboriginal children to be contracted with community and culture.
to ACCOs. Amendments to the Children Youth
Section 18 delegation to ACCOs and Families Act 2005 made
started implementation in cultural plans a requirement for all
November 2017 and continues to Aboriginal children in OOHC,
be trialled in Bendigo with a view to significantly increasing the
full authorisation there in 2018-19. numbers of children requiring
An independent evaluation of the plans. In 2016-17 $5.3 million over
small 2013-2015 ‘as if’ Aboriginal two years was allocated to the
guardianship trial was optimistic establishment of a new model for
about the ‘potential for a distinctive cultural planning (see ‘Programs’
Aboriginal approach to child above).
welfare … that upholds the
13primacy of the child’s safety,
stability, and development, and
privileges the importance of cultural
51
safety and family empowerment’.
The Aboriginal Children’s Forum
offers an opportunity for ACCOs to
contribute and co-design policy,
and provide oversight of policy and
52
priorities.
1
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf
2
Commission for Children and Young People, Victoria, Always Was, Always Will Be Koori Children, 2016, available at https://ccyp.vic.gov.au/assets/Publications-inquiries/always-was-always-will-be-koori-
children-inquiry-report-oct16.pdf
3
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
4
See for example, the Protocol between the Department and VACCA, available at http://www.cpmanual.vic.gov.au/sites/default/files/Protocol-Child-Protection-Victorian%20Aboriginal-Child-Care-
Agency-%28VACCA%29%202832.pdf
5
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
6
Minister for Families and Children, Connecting Aboriginal Kinship to Community, Media Release, 30 August 2017, available at https://www.premier.vic.gov.au/connecting-aboriginal-kinship-to-community/
7
Minister for Families and Children, Connecting Aboriginal Kinship to Community, Media Release, 30 August 2017, available at https://www.premier.vic.gov.au/connecting-aboriginal-kinship-to-community/
8
Minister for Families and Children, Empowering Aboriginal Communities to Help Their Children Receive the Care They Need, Media Release, 25 November 2017, available at
https://www.premier.vic.gov.au/empowering-aboriginal-communities-to-help-their-children-receive-the-care-they-need/
9
See https://www.vic.gov.au/familyviolence/committees-for-change/aboriginal-children-s-forum.html
10
Department of Human Services, State of Victoria, Aboriginal Child Placement Principle Guide – For Child Protection and Care Workers, 2002, available at
https://providers.dhhs.vic.gov.au/sites/dhhsproviders/files/2017-08/aboriginal-child-placement-principle-guide-2002.pdf
11
Minister for Families and Children, A New Model of Kinship Care Across Victoria, Media Release, 12 December 2017, available at https://www.premier.vic.gov.au/a-new-model-of-kinship-care-across-
victoria/
12
Department of Human Services, State of Victoria, Family-Led Decision-Making Program Guidelines, Version 3, March 2016, available at
http://www.cpmanual.vic.gov.au/sites/default/files/2454%20FLDM%20Guidelines%20V3.pdf
13
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
14
Commission for Children and Young People, Always Was Always Will Be Koori Children: systemic inquiry into services provided to Aboriginal children and young people in out-of-home care in
Victoria, October 2016, see https://www.parliament.vic.gov.au/file_uploads/CCYP_-_Always_was__always_will_be_Koori_children_Systemic_Inquiry_report_October_2016_QZZbp4gC.pdf
15
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
16
See http://www.cpmanual.vic.gov.au/advice-and-protocols/advice/case-planning/family-reunification
17
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
18
See https://providers.dhhs.vic.gov.au/family-services
19
See https://providers.dhhs.vic.gov.au/aboriginal-children-care
20
See https://providers.dhhs.vic.gov.au/aboriginal-children-care
21
Department of Human Services, State of Victoria, Family-Led Decision-Making Program Guidelines, Version 3, March 2016, available at
http://www.cpmanual.vic.gov.au/sites/default/files/2454%20FLDM%20Guidelines%20V3.pdf
22
Naughton & Co, Section 18 – ‘As If’ Project Evaluation Report, October 2015, available at https://www.vacca.org/wp-content/uploads/2016/03/Final-s18-Evaluation-Report-27-Oct-2015-1.pdf
23
See https://dhhs.vic.gov.au/publications/aboriginal-children-aboriginal-care-program
24
Department of Human Services, State of Victoria, Assessing Kinship Care for Aboriginal Children – A Practice Guide for Child Protection Practitioners, December 2010, available at
http://www.cpmanual.vic.gov.au/sites/default/files/Asess_kc_aboriginal_chn_cpguide%202304_0.pdf
25
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
26
Minister for Families and Children, A New Model of Kinship Care Across Victoria, Media Release, 12 December 2017, available at https://www.premier.vic.gov.au/a-new-model-of-kinship-care-across-
victoria/
1427
Department of Human Services, State of Victoria, Family-Led Decision-Making Program Guidelines, Version 3, March 2016, available at
http://www.cpmanual.vic.gov.au/sites/default/files/2454%20FLDM%20Guidelines%20V3.pdf
28
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
29
See https://fac.dhhs.vic.gov.au/news/targeted-care-packages
30
Department of Health and Human Services, State of Victoria, Annual Report 2016-2017, available at https://dhhs.vic.gov.au/sites/default/files/documents/201710/DHHS-annual-report-2016-
17_20171016.pdf
31
See https://www.vacca.org/about-us/return-country-framework/; Minister for Families and Children, Cultural Connections for Aboriginal Children in Care, Media Release, 11 October 2016,
available at https://www.premier.vic.gov.au/cultural-connections-for-aboriginal-children-in-care/
32
See http://www.cpmanual.vic.gov.au/
33
Department of Human Services, State of Victoria, Aboriginal Child Placement Principle Guide – For Child Protection and Care Workers, 2002, available at
https://providers.dhhs.vic.gov.au/sites/dhhsproviders/files/2017-08/aboriginal-child-placement-principle-guide-2002.pdf
34
See http://www.strongfamiliessafechildren.vic.gov.au/roadmap-for-reform-strong-families-safe-children
35
See http://www.cpmanual.vic.gov.au/policies-and-procedures/aboriginal-children/additional-requirements-aboriginal-children
36
See http://www.cpmanual.vic.gov.au/advice-and-protocols/advice/aboriginal-children/permanent-care-aboriginal-children
37
Department of Human Services, State of Victoria, Assessing Kinship Care for Aboriginal Children – A Practice Guide for Child Protection Practitioners, December 2010, available at
http://www.cpmanual.vic.gov.au/sites/default/files/Asess_kc_aboriginal_chn_cpguide%202304_0.pdf
38
Department of Human Services, State of Victoria, Family-Led Decision-Making Program Guidelines, Version 3, March 2016, available at
http://www.cpmanual.vic.gov.au/sites/default/files/2454%20FLDM%20Guidelines%20V3.pdf
39
See http://www.cpmanual.vic.gov.au/; Department of Human Services, State of Victoria, Aboriginal Child Placement Principle Guide – For Child Protection and Care Workers, 2002, available at
https://providers.dhhs.vic.gov.au/sites/dhhsproviders/files/2017-08/aboriginal-child-placement-principle-guide-2002.pdf
40
Victorian Commission for Children and Young People (2016). In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria. Melbourne:
Author; Victorian Commission for Children and Young People (2016). Always Was, Always Will Be Koori Children. Melbourne: Author.
41
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.1
42
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.30
43
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf; Commission for Children and Young People, Victoria, Always Was, Always Will Be Koori Children,
2016, available at https://ccyp.vic.gov.au/assets/Publications-inquiries/always-was-always-will-be-koori-children-inquiry-report-oct16.pdf
44
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.17
45
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.17
46
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.17 and Table
16A.34
47
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf
48
Commission for Children and Young People, Victoria, Safe and Wanted – Inquiry into the Implementation of the Children, Youth and Families Amendment (Permanent Care and Other Matters)
2014, June 2017, available at https://dhhs.vic.gov.au/publications/safe-and-wanted-inquiry-implementation-permanency-arrangements
49
Information provided by the Commission for Children and Young People, Victoria
50
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf
51
Naughton & Co, Section 18 – ‘As If’ Project Evaluation Report, October 2015, available at https://www.vacca.org/wp-content/uploads/2016/03/Final-s18-Evaluation-Report-27-Oct-2015-1.pdf
52
See https://www.vic.gov.au/familyviolence/committees-for-change/aboriginal-children-s-forum.html
53
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.23
54
Steering Committee for the Review of Government Service Provision, Productivity Commission, Report on Government Services – Chapter 16 – Child Protection, 2017, Table 16A.23
55
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf
56
Information provided by the Commission for Children and Young People, Victoria
57
Commission for Children and Young People, Victoria, In the Child’s Best Interests: Inquiry into Compliance with the Intent of the Aboriginal Child Placement Principle in Victoria, 2016, available at
https://ccyp.vic.gov.au/assets/Publications-inquiries/In-the-childs-best-interests-inquiry-report.pdf
58
Commission for Children and Young People, Victoria, Safe and Wanted – Inquiry into the Implementation of the Children, Youth and Families Amendment (Permanent Care and Other Matters)
2014, June 2017, available at https://dhhs.vic.gov.au/publications/safe-and-wanted-inquiry-implementation-permanency-arrangements
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