The Aboriginal And Torres Strait Islander Child Placement Principle: A .

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THE ABORIGINALAND TORRES STRAITISLANDER CHILDPLACEMENT PRINCIPLE:A GUIDE TO SUPPORTIMPLEMENTATION

This resource was developed with input from thefollowing SNAICC staff: John Burton, Janelle Young,Nadeshda Jayakody, Eva Ruggiero and Rohan Thwaites.SNAICC thanks the organisations and individualswho provided guidance, review and input to thisresource. In particular we would like to acknowledgethe Aboriginal and Torres Strait Islander people andcommunity-controlled organisations from across thecountry who contributed to the resource, including theSNAICC National Council and the child and familiespeak agencies: the Queensland Aboriginal and TorresStrait Islander Child Protection Peak (QATSICPP), andthe Aboriginal Child, Family and Community Care StateSecretariat, NSW (AbSec). We also thank state andterritory governments who provided input and examplesof promising practice.SNAICC thanks the Australian Government Departmentof Social Services for funding support to developthis resource. The views in this publication do notnecessarily reflect those of the Australian Government.Design: Mazart Design Studiowww.mazartdesignstudio.com

TABLE OF CONTENTSINTRODUCTIONPRACTICE FOCUS AREA 1IDENTIFICATIONPRACTICE FOCUS AREA 2PREVENTION1. What is this resource and whois it for?. 011. Identifying Aboriginal andTorres Strait Islander childrenand why it is important.071. What is prevention?. 152. Adopting appropriate legislativeand policy frameworks.083. Understanding strengthsof Aboriginal and TorresStrait Islander child rearingpractices. 172. How to use this resource. 013. Overview of the Aboriginal andTorres Strait Islander ChildPlacement Principle.024. The five elements of theAboriginal and Torres StraitIslander Child PlacementPrinciple.025. Embedding active efforts in childprotection legislation, policy,programs and practice.043. Who is an Aboriginal and/orTorres Strait Islander child?.084. Best practice for identifyingAboriginal and/or TorresStrait Islander children andfamilies.08Create a safe and respectfulenvironment4.2 Finding the right time4.3 How to ask4.4 Asking the right people2. Adopting appropriate legislativeand policy frameworks. 164. Drivers for child protectioninvolvement. 174.14.15. Key practice considerations. 115.1What to do if a child identifiesbut the parent and/or familydoes not?5.2 What to do if the child isliving far from their countryor is disconnected fromimportant cultural andfamily relationships?What factors impactupon child protectiondecision-making?5. Prevention in practice:What practice principles areessential to delivering qualityfamily support?.205.1Working with Aboriginaland Torres Strait Islanderfamilies5.2 Building trustingrelationships andpartnerships with families5.3 Identifying the needs ofAboriginal and TorresStrait Islander childrenand families6. Matching supports to child andfamily needs.247. Integrated service delivery:A holistic approach toaddressing the needs ofAboriginal and Torres StraitIslander families.257.17.27.3What is integrated servicedelivery?How it works in practiceStrategies for effectivecommunication andcollaborative workingrelationships betweenAboriginal communitycontrolled organisations andstatutory child protectionagencies

PRACTICE FOCUS AREA 3PARTNERSHIPPRACTICE FOCUS AREA 4PLACEMENT1. Genuine partnership withAboriginal and TorresStrait Islander peoples andorganisations to supportself-determination. 311. What is theplacement element?.452. Partnerships in the context ofthe ATSICPP: Representativeparticipation. 313. Adoption of appropriatelegislative and policyframeworks.334. Spotlight on procurementand tendering policy andprocess.345. How to build and maintaingenuine partnerships withAboriginal and TorresStrait Islander peopleand organisations.352. The ATSICPP placementhierarchy.453. Adopting appropriate legislativeand policy frameworks.464. Best practice for placementdecision-making.464.1Aboriginal and TorresStrait Islander definitionsof kinship care4.2 Recognising and promotingthe participation of familiesand Aboriginal and TorresStrait Islander communitycontrolled organisations4.3 Active efforts to locateand support kinship andfamily carers5. Placement review andpermanency planning forAboriginal and Torres StraitIslander children.506. A framework for assessingcultural needs during placementdecision-making.507. Processes for supportingidentification of kinshipplacements. 517.17.27.37.47.5Genograms and familymappingAssessing potential kinshipcarersAboriginal and Torres StraitIslander workers assessingpotential carersCulturally safe assessmentpractices and toolsOngoing assessment

PRACTICE FOCUS AREA 5PARTICIPATIONPRACTICE FOCUS AREA 6CONNECTION1. What is participation and whyis it important?.551. What is connection and whyis it important?. 672. Adopting appropriate legislativeand policy frameworks.562. Adopting appropriate legislativeand policy frameworks.683. Cultural competency ofpractitioners.563. Connection through timely,appropriate placements.684. Family participation.574. Cultural plans, support tocarers, and accountability.685. Formal processes for familyparticipation.595.1Aboriginal and TorresStrait Islander Family-LedDecision-Making5.2 Participation in courtproceedings6. Child participation. 616.1What is child participationandwhy is it important?6.2 How can child participationbe facilitated?4.1 What is a cultural plan?4.2 Who should be involved indeveloping cultural plans?4.3 What should be included incultural plans?4.4 How can carers be supportedto implement cultural plans?4.5 Monitoring and review ofimplementation of culturalplan5. Primary goal is reunification.725.1 What is reunification?5.2 How can reunificationbe facilitated?5.3 Factors to take into accountwhen making decisionsabout reunification

INTRODUCTION1. WHAT IS THISRESOURCE ANDWHO IS IT FOR?This resource is primarily designed to support aholistic understanding of the five elements of theAboriginal and Torres Strait Islander Child PlacementPrinciple (ATSICPP) and promote the processes,strategies and practices required to progress itsimplementation.It is the third in a series of resources being producedby SNAICC – National Voice for our Children to supportenhanced implementation of the ATSICPP in linewith its intent to keep Aboriginal and Torres StraitIslander children safely connected to their families,communities and cultures. The resource is designedprimarily for practice leaders in children and familiessectors. It will also be useful for policy makers as itaddresses the policy settings that support and enableeffective practice. It is useful to read this resourcealongside the two other resources in the series, whichare available from the SNAICC website: Understanding and applying the Aboriginal and TorresStrait Islander Child Placement Principle: A resourcefor legislation, policy and program development; and Baseline Analysis of Best Practice Implementationof the Aboriginal and Torres Strait Islander ChildPlacement Principle.1Across Australia, a significant number of Aboriginaland Torres Strait Islander agencies support childrenand families who are at risk of or involved withstatutory child protection. These agencies sharecommon goals to keep Aboriginal and Torres StraitIslander children safe, keep families and communitiestogether, and put a stop to the damaging effects ofseparation that have continued from the experiencesof the Stolen Generations. The expert knowledge andexperience of these agencies strongly informs thisresource.2. HOW TO USE THISRESOURCEThis resource provides a range of promising policiesand practices, reflective activities, and links to toolsand resources supporting processes of professionalreflection and development aimed at implementingthe ATSICPP. It is important to note that there arethousands of unique and distinct Aboriginal andTorres Strait Islander communities, cultural andlanguage groups, clans, families and kinship networksin Australia. Because of the diversity of Aboriginal andTorres Strait Islander communities there is no one sizefits all approach to implementation of the ATSICPP inchild and family service practice.This practice resource can be used flexibly to suit theneeds of your organisation, department, service andworkers. It can be used in a number of suggestedways, including as: A guide for practitioners to explore and draw uponin their ATSICPP practice development; An information source to inform the developmentof locally adapted practice resources, trainingprograms and service manuals; A toolkit of ideas for good practice for individualpractitioners to draw upon; and Advice to policymakers to improve implementation ofthe ATSICPP across child and family service sectors.This resource provides introductory information aboutthe ATSICPP and addresses its implementation inregards to six practice focus areas. These six areasare aligned to each of the five elements of the ATSICPPand an additional focus area on identifying Aboriginaland Torres Strait Islander children as a pre-requisiteto applying all of the other elements.1

In interpreting and applying the information detailedwithin this resource, it is critical to be aware ofand reflect upon the interrelation of the elementsof the ATSICPP. For example, the partnership andparticipation elements relate to self-determinationthrough the participation of children, families andcommunity representatives – including Aboriginaland Torres Strait Islander community-controlledorganisations (ACCOs) – in processes and decisionmaking. However, further Aboriginal and Torres StraitIslander approaches driven by ACCOs are essentialacross all elements: the empowerment of familiesand communities is critical to effective preventionefforts, to quality placement decisions that are alignedwith the ATSICPP, and to support long-term culturalconnections for children in out-of-home care.It is important that practitioners consider all fiveelements of the ATSICPP and its application withineach and every aspect of their practice.3. OVERVIEW OF THEABORIGINAL ANDTORRES STRAITISLANDER CHILDPLACEMENTPRINCIPLEThe ATSICPP recognises the importance ofconnections to family, community, culture andcountry in child and family welfare legislation, policyand practice, and asserts that self-determiningcommunities are central to supporting and maintainingthose connections.The ATSICPP aims to: ensure an understanding that culture underpins andis integral to safety and wellbeing for Aboriginal andTorres Strait Islander children and is embedded inpolicy and practice; recognise and protect the rights of Aboriginal andTorres Strait Islander children, family membersand communities in child welfare matters; increase the level of self-determination of Aboriginaland Torres Strait Islander people in child welfarematters; and reduce the over-representation of Aboriginal andTorres Strait Islander children in child protectionand out-of-home care systems.2Adoption of the ATSICPP in legislation, policy andpractice across states and territories has beenrecognised as “the single most significant changeaffecting welfare practice since the 1970s”.2 TheATSICPP was established in 1984, as a result of yearsof activism by Aboriginal and Torres Strait Islanderpeoples, ACCOs and others to address the growingdisproportionate rate of Aboriginal and Torres StraitIslander children being adopted by or placed in out-ofhome care with non-Indigenous carers, and to preventpast practices from continuing or being repeated.34. THE FIVE ELEMENTSOF THE ABORIGINALAND TORRESSTRAIT ISLANDERCHILD PLACEMENTPRINCIPLEThe diagram on the right illustrates the five elementsof the ATSICPP.

PREVENTIONProtecting children’srights to grow up in family,community and culture byredressing causes of childprotection interventionPARTNERSHIPTHE FIVE COREELEMENTS OF THEABORIGINAL AND TORRESSTRAIT ISLANDER CHILDPLACEMENT PRINCIPLEEnsuring the participation ofcommunity representativesin service design, deliveryand individual case decisionsCONNECTIONMaintaining and supportingconnections to family,community, culture andcountry for children inout-of-home carePLACEMENTPARTICIPATIONEnsuring the participationof children, parents andfamily members in decisionsregarding the care andprotection of their childrenSOURCE: SNAICC – National Voice for Our Children Understanding andApplying the Aboriginal and Torres Strait Islander Child Placement Principle:A Resource for Legislation, Policy and Program Development (2017), p. 3 inciple/ Placing children in out-of-home care inaccordance with the established ATSICPPplacement hierarchy: with Aboriginal and Torres Strait Islanderrelatives or extended family members, or otherrelatives and family members; or with Aboriginal and Torres Strait Islandermembers of the child’s community; or with Aboriginal and Torres Strait Islanderfamily-based carers.If the above preferred options are not available,as a last resort the child may be placed with: a non-Indigenous carer or in a residentialsetting.If the child is not placed according to the highestpriority, the placement must be within closegeographic proximity to the child’s family.3

5. EMBEDDING ACTIVEEFFORTS IN CHILDPROTECTIONLEGISLATION,POLICY, PROGRAMSAND PRACTICEActive efforts require practitioners to help familiesovercome barriers to their participation in serviceswhich enable families to stay together or be reunified,including financial and transportation assistance.6As part of their obligation in complying with the ICWA,there is a requirement for statutory agencies to clearlydocument and articulate to the courts the activeefforts taken prior to seeking an order to remove achild and place them into out-of-home care.This resource has been developed to align with anational priority agreed upon by Community ServicesMinisters to “implement active efforts in jurisdictionsto ensure compliance with all five elements of theAboriginal and Torres Strait Islander Child PlacementPrinciple”.4 Active efforts are purposeful, thoroughand timely efforts that are supported by legislationand policy and enable the safety and wellbeing ofAboriginal and Torres Strait Islander children.This shared national understanding of active effortsis necessarily broad and can encompass a varietyof strategies to ensure Aboriginal and Torres StraitIslander children’s connection to family, culture,community and country.This resource provides guidance on what constitutesactive efforts across all five elements of the ATSICPPin Australia and provides examples of promisingpractices in applying active efforts within familysupport, child protection and out-of-home careservices and systems. It will be useful for practitionersand policymakers in all states and territories asthey work to incorporate active efforts within theirsystems.The active efforts concept is drawn from the IndianChild Welfare Act (ICWA), which aims to ensure safetyand connection for Indigenous children in the UnitedStates. The United States’ understanding of activeefforts provides useful guidance on how the conceptmight be interpreted in the Australian context.The National Indian Child Welfare Association’sGuide to Compliance with ICWA stipulates that activeefforts should be initiated at the investigation pointof statutory intervention and may include: conducting a strengths-based assessment thattakes into account the cultural needs of the childand the lived realities of their community; developing a case plan in partnership with a child’sfamily and community; providing early intervention supports to familiesbefore a child is removed, except in cases ofimminent risk; and providing services that support the reunificationof a child with his or her parent or Indigenous kinafter the removal of a child.54See the diagram opposite for examples of activeefforts and how they support implementation ofthe elements of the ATSICPP.

EXAMPLES OF ACTIVE EFFORTSFamilies are provided withinformation on the culturallysafe supports and servicesavailable for Aboriginaland Torres Strait Islanderfamilies in their local area.Aboriginal and TorresStrait Islander agencies areenabled and resourced toprovide culturally safe familysupport services.Representatives ofAboriginal and Torres StraitIslander communities areresourced and enabled toparticipate in significantdecisions for the care andprotection of their children.Thorough scoping offamily to identify culturallyconnected placementsthrough Aboriginal andTorres Strait Islanderagencies.IDAll children and families,including maternal and paternalextended family members,where appropriate, are askedwhether they are Aboriginaland/or Torres Strait Islander.IDENTIFICATIONPREVENTIONChildren and families areactively assisted to accessthe necessary supports andservices, including throughfinancial or transportationassistance.PARTNERSHIPCultural support plans specifyactivities that support connectionand how they will be supportedand resourced.CONNECTIONFamilies are provided opportunitiesto participate in Aboriginal familyled decision-making.PARTICIPATIONPlacements with non-Indigenouscarers are regularly reviewed witha goal to reconnect children toplacements with their Aboriginaland Torres Strait Islander kin.PLACEMENT5

6

PRACTICE FOCUS AREA 1IDENTIFICATION1. IDENTIFYING ABORIGINAL ANDTORRES STRAIT ISLANDERCHILDREN AND WHY IT ISIMPORTANTAboriginal and/or Torres Strait Islander children have aright to grow up with a communal sense of belonging,a stable sense of identity, to know where they are from,and their place in relation to family, mob, community,land and culture. Protecting these rights requires thatAboriginal and Torres Strait Islander children whocome into contact with the child protection systembe identified at the earliest possible point of childprotection involvement.Child protection legislation in all jurisdictions containsspecific measures recognising the cultural rights ofAboriginal and Torres Strait Islander children whoare involved in the child protection system, and theresponsibility of statutory agencies in protectingand enabling children to fully exercise this right.In addition, states and territories have a duty to upholdthe United Nations Convention on the Rights of theChild, which recognises the importance of and protectsa child’s connections to culture and community.7Having appropriate processes in place for ensuringearly identification is integral to full implementation ofall five elements of the ATSICPP because knowledgeof a child’s identity will inform how practitioners workwith the child and their family across all phases ofchild protection intervention, from who is involvedin the initial intake and assessment to placementdecision-making.IDpolicy frameworks in place that protect and recognisethe cultural rights of children and families, while alsoensuring the availability of culturally safe supportsthroughout child protection involvement.In addition to being a fundamental human right,culture underpins and is integral to safety andwellbeing for Aboriginal and Torres Strait Islanderchildren. For example, Canadian research has directlylinked a lack of cultural continuity to increased ratesof suicide among Indigenous young people, finding thatwhere a set of cultural connection and practice factorsexist, the rate of youth suicide reduces.8 It is in the bestinterests of all children, and crucial to their wellbeing,that access to cultural connection is maintainedthroughout all phases of child protection intervention.This begins with identification.This practice focus area examines the followingkey issues on identification: Need for adopting appropriate legislative andpolicy frameworks to support early identification; Definition of an Aboriginal and/or Torres StraitIslander child; Best practice for identifying Aboriginal and/orTorres Strait Islander children and families; and Key practice considerations.Without correct and early cultural identificationAboriginal and Torres Strait Islander children atall levels of child protection involvement are at riskof being deprived of culturally safe support, caseplanning and placements. Identification should enableaccess to services in response to the specific needs ofAboriginal and/or Torres Strait Islander children andfamilies. There must be appropriate legislative and7

2. ADOPTING APPROPRIATELEGISLATIVE AND POLICYFRAMEWORKSLEGISLATION Recognises a child’s right to enjoy culture withcommunity; Recognises the State’s role to protect and promotean Aboriginal and/or Torres Strait Islander child’scultural identity; and Requires active efforts be made to identify allAboriginal and/or Torres Strait Islander childrenwho come into contact with a child protectionagency.POLICY Specifies minimum requirements for identificationof Aboriginal and Torres Strait Islander children tooccur at least by the completion of any investigationof suspected child harm; Requires mandatory completion of the Aboriginaland/or Torres Strait Islander status fields for thechild and his or her parents in client recordingsystems; and If a child has been recorded as Aboriginal and/orTorres Strait Islander on their client informationfile, requires, in addition to senior departmentoversight and executive approval, consultationwith an ACCO to occur prior to de-identificationof a child in their file.PROMISING POLICYVictoria has implemented new practice and clientinformation recording requirements that: require senior oversight and executive approvalto de-identify Aboriginality; and require consultation with an ACCO.These requirements were put in place in responseto the findings of the Victorian Commission forChildren and Young People’s systemic inquiry intoservicesfor Aboriginal and Torres Strait Islanderchildren in out-of-home care. In its 2016 report,the Commission called for these reforms to ensureboth accurate recording and a thorough assessmentof the child’s cultural identity was made based onconsideration of a child’s relationships and heritage.83. WHO IS AN ABORIGINAL AND/OR TORRES STRAIT ISLANDERCHILD?Aboriginal and Torres Strait Islander peoples arediverse, and individuals and communities choose todefine and express their identity in a multitude of ways.The predominant definition (described below), adoptedby all Commonwealth departments, is known as thethree-part definition. According to Korff (2018) whilethis definition is commonly accepted, it is importantto note that it is a governmental definition, rather thana community-based one.9 Nonetheless, it providesuseful guidance for practitioners.The Aboriginal and/or Torres Strait Islander statusof children is determined by self-identification or bythe parent, relatives or other kin. For the purposesof identifying a child’s cultural status, an Aboriginalor Torres Strait Islander person is someone who: is of Aboriginal or Torres Strait Islander descent; identifies as an Aboriginal person or Torres StraitIslander; and/or is accepted as such by the Aboriginal or Torres StraitIslander community in which they live.Self-identification by a child or the child’s family is theonly requirement for practitioners to begin applyingthe ATSICPP in their work with children and families.4. BEST PRACTICE FOR IDENTIFYINGABORIGINAL AND/OR TORRESSTRAIT ISLANDER CHILDRENAND FAMILIESIdentification and the reporting of Aboriginal andTorres Strait Islander status is a complex issuefor many Aboriginal and Torres Strait Islanderpeoples across health and social service sectors.Asking a child or parent if they are Aboriginal and/orTorres Strait Islander may be challenging for somepractitioners, particularly those who are not Aboriginaland/or Torres Strait Islander themselves, or do nothave a lot of experience working with Aboriginal and/or Torres Strait Islander people. These challengesare compounded by the lack of resources availableto guide practitioners in how to ask families abouttheir identity in respectful and culturally safe ways.However, for practitioners who work with Aboriginaland Torres Strait Islander families, recognising theimportance of culture is at the core of good practice.

It is important to develop a set of practice principlesand skills that enable families and young people tofeel safe in telling you about their cultural identity soyou can make sure that you are working in a way thatmeets their needs. In this section we explore some ofthe key principles that should be embedded within yourorganisation’s practice for identifying Aboriginal and/orTorres Strait Islander children.Research demonstrates that in many casespractitioners fail to ask children and families if theyare Aboriginal and/or Torres Strait Islander.10 It is theresponsibility of all practitioners to ask children andtheir family members if the child is Aboriginal and/orTorres Strait Islander.It is not possible to tell from appearance alone whethera child is Aboriginal and/or Torres Strait Islander, andthis is why it is important to ask. This means that allpractitioners have a responsibility to undertake activeefforts to ensure that all Aboriginal and Torres StraitIslander children who come into contact with childprotection are identified at the earliest possible point.Active efforts for identifying Aboriginal andTorres Strait Islander children can include: Asking all children and families, includingmaternal and paternal extended family members,where appropriate, whether they are Aboriginaland/or Torres Strait Islander; Informing all children and families of yourobligation to uphold and protect their culturalrights throughout your engagement; Providing families with information on thesupports and services available for Aboriginal andTorres Strait Islander families in their local area; ‘Checking in’ with children and families throughoutengagement to ensure that their cultural needsare being met; and Providing families with opportunities todoublecheck that their information, includingcultural identity, are correct.Appropriate recording of a child’s status in childprotection information databases facilitates theearly identification of Aboriginal and/or Torres StraitIslander children. In line with the recommendationsof the Victorian Commission for Children andYoung People’s review of the ATSICPP, a child’scultural status should be prominently featuredon their profile; and all systems should requiremandatory completion of Aboriginal status fields.11It is the responsibility of all practitioners to checka child’s case file to determine whether or not theyare Aboriginal and/or Torres Strait Islander prior tobeginning work with the child and family.4.1 CREATE A SAFE AND RESPECTFULENVIRONMENTResearch demonstrates that a lack of cultural safetyand fear of racism and discrimination are two reasonswhy people may choose not to disclose that they areAboriginal and/or Torres Strait Islander.12 Fear andmistrust of disclosing to child and family practitionersmust be understood within the context of historicalremovals of children through the Stolen Generations,as well as the continued over-representation ofAboriginal and Torres Strait Islander children inAustralia’s child protection systems.13 One of the mostimportant things to do is to clarify with children andfamilies why you are asking if they are Aboriginal and/or Torres Strait Islander. You should be clear that youask all families who are involved with your serviceabout their cultural identity, and that there are servicesand initiatives for Aboriginal and Torres Strait Islanderchildren and families, should they choose to identify(further information related to appropriate servicesand referral processes are detailed in Practice FocusArea 2: Prevention). A key component of this is thatpractitioners have an awareness of what servicesand supports are available for Aboriginal and TorresStrait Islander peoples in their regions and will followthrough to make sure that families can access these ifthey choose to.4.2 FINDING THE RIGHT TIMEChildren are often being identified at a much laterstage, with some already placed in out-of-home careprior to an ACCO receiving notification that a childhas entered care. Ideally, Aboriginal and/or TorresStrait Islander children should be identified at theearliest possible point to ensure they are receivingthe appropriate supports. While it is best practice todetermine if a child is Aboriginal and/or Torres StraitIslander at intake or entry to the service, the personwho refers a child to a service or who makes a reportto a child protection agency may be unsure or may notknow about a child’s cultural identity.You should always ask the family if the child isAboriginal and/or Torres Strait Islander, regardless9

of what the report tells you. Alongside creating asafe and respectful environment in which people feelcomfortable to identify, the practitioners we spokewith noted the importance of finding the right time toask children and families if they are Aboriginal and/orTorres Strait Islander. You want to make sure childrenare identified as early as possible but first visit

Strait Islander Child Placement Principle: A resource for legislation, policy and program development; and Baseline Analysis of Best Practice Implementation of the Aboriginal and Torres Strait Islander Child Placement Principle.1 Across Australia, a significant number of Aboriginal and Torres Strait Islander agencies support children

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