See procedure Additional requirements for Aboriginal children for tasks that must be undertaken.
Aboriginal children are significantly overrepresented in the Child Protection and out-of-home care (also known as care) populations. Although Aboriginal people constitute approximately two per cent of the total population in Victoria, they comprise twenty-nine per cent of the children in care. Aboriginal children are twenty-two times more likely to be placed in care than non-Aboriginal children.
A greater understanding of, and commitment to, practice approaches that consider Aboriginal children’s culture, lore, kinship structures, community and Country, are necessary to overcome structural racism and cultural biases that exist and contribute to this overrepresentation. This, in turn, will also better meet the best interests of Aboriginal children, as strong connections with culture, family, Elders, communities and Country are the foundations needed for Aboriginal children to grow, thrive and be safe from harm.
Everyone is responsible for promoting that the child and their family’s views, cultural rights and sustained connections to community, culture and Country are adhered to. This includes child protection, children and families services, community service organisations, and the child’s family and community. Through consulting and considering the views of the child, family, Aboriginal Child Specialist and Support Service (ACSASS) and other relevant sources of advice and information – such as Elders or other significant persons – and in the context of all available information, child protection practitioners can make decisions in the best interests of the child.
The following principles must be considered by Child Protection when providing services and working with Aboriginal children under the CYFA 2005:
• Statement of Recognition principles (s. 7E)
• Best interest principles (s. 10) the best interests of the child must always be paramount in decision-making and actions taken.
• Decision-making principles (s. 11)
• Additional decision-making principles for Aboriginal children (s. 12)
• Aboriginal Child Placement Principle (s. 13)
• Further placement principles for Aboriginal child (s14)
• Cultural support for Aboriginal child (s. 176)
• Conciliation conference (s. 222)
• Restrictions on the making of permanent care order in respect of an Aboriginal child (s. 323).
The following outlines the required practice for Aboriginal children. It does not provide a comprehensive description of intake, investigation or case planning processes, which are provided in the Child Protection practice phases and functions parts of the manual.
All relevant requirements in this Advice apply equally to the activities of the After Hours Child Protection Emergency Service (AHCPES) and the Streetwork Outreach Service (SOS).
All five elements of the Aboriginal Child Placement Principle (ACPP) is legislated, aligning with the ACPP developed by the Secretariat of National Aboriginal and Islander Child Care (SNAICC).
- Prevention principle – the right for the child to be brought up within their family and community (s. 14(1A)).
- Partnership principle – the child’s community and other respected Aboriginal persons have the right to participate in significant decision-making in relation to the child and in the design and delivery of community services (s. 14(1B)).
- Participation principle – the child’s parents and extended family have the right to participate, and to be enabled to participate in, any case planning or Children’s Court process and decision-making (s. 14(1C)).
- Connection principle – the child’s right to build and sustain connection to their family, community, culture, language and Country (s. 14(1D)).
- Placement principle – the child’s right to, wherever possible, be placed within their extended family or community as a priority (existing principle under s. 13(2)(3) of CYFA 2005).
ACPP principles are to be considered throughout Child Protection intervention – not only when the child is entering statutory care and placement options are being considered. The ACPP reaffirms the need for prevention and early intervention, to support children and families to stay safely together and maintain connections inherent to their well-being and safety, not only placement considerations.
As per section 13(1) of the CYFA, Child Protection is required to consult with an Aboriginal agency for advice and participation in decision-making on removing a child and making a placement. The Aboriginal Child Specialist Advice and Support Service (ACSASS) is the program funded to perform this function.
It is also a requirement, under section 12 of the CYFA, Child Protection seek and consider the views of the Aboriginal community, Aboriginal agency - including ACSASS – and other respected Aboriginal persons, which the child belongs or has connection to, in making significant decisions or taking action in relation to the child (for example, determining the outcome of a report to Child Protection or making a referral for services). See the protocol for additional information.
Consultation is the process by which information is shared between Child Protection and ACSASS and advice is given to achieve the best possible outcomes for Aboriginal children and their families. Child Protection is responsible for requesting a consultation with, or other involvement from, ACSASS throughout all phases of involvement.
For a consultation to be genuine and meaningful it must occur within a timeframe that provides ACSASS with sufficient opportunity to consider the information provided and any other contextual information, to provide Child Protection with advice regarding risk to the child and cultural information. It must also occur within a timeframe that allows Child Protection to incorporate the advice provided by ACSASS into its decision-making and case planning for the child. Child Protection should continue to adhere to key performance indicators for assessment of significant concerns. The key performance indicator (KPI) for matters requiring an urgent response is two days. The KPI for matters requiring a non-urgent response is 14 days.
No consent from parents or children is required for this information exchange although best practice is to inform families about the information that is collected and disclosed about them, subject to the child's safety needs.
Where a report concerning an Aboriginal child is investigated, ACSASS will be available, wherever possible, to attend joint first visits with Child Protection. Where ACSASS have been unable to attend a first visit or the family has not consented to ACSASS attending the visit, Child Protection will advise the family that they will continue to consult with ACSASS as per protocol and legislative requirements.
Please see ACSASS program requirements, which outlines all functions and requirements for ACSASS.
Aboriginal Family Led Decision Making (AFLDM) is the preferred case planning method for incorporating the Aboriginal child’s family, community, culture and lore in case planning for the Aboriginal child. AFLDM also support fulfilment of the recognition principles (s. 7E) and the partnership and participation elements of the ACPP (s.14(1B)(1D)).
For all Aboriginal children, AFLDM will be initiated where:
- protective concerns have been substantiated. This includes cases that may be identified for possible closure or those that will require further protective intervention, including a protection application, after the substantiation decision. The referral and preparation stages of the process will need to be within legislative and policy timeframes of 21 days.
- AFLDM meetings can occur at any time in a child and family’s involvement with child protection, including when a final order is made or for case plan reviews. However, priority must be given to AFLDM meetings occurring following substantiation.
Child Protection should advise ACSASS of the referral to AFLDM.
Child protection practitioners should refer to the Aboriginal Family-Led Decision Making guidelines for detailed information (https://www.cpmanual.vic.gov.au/advice-and-protocols/advice/aboriginal-children/aboriginal-family-led-decision-making-program)
When an Aboriginal child enters statutory care, under section 176 of the CYFA, a cultural plan is required to be developed and provided to them to support their cultural needs and rights.
It is the responsibility of the child protection practitioner to ensure a cultural plan is prepared and given to the child. Child protection practitioners will work with the child’s care team to prepare, implement and review the cultural plan.
Please see 1404 Cultural plans and 2302 Cultural plans – advice, which provides further information on specific tasks required and about cultural plans.
There are additional designated resources to support practitioners in engagement with Aboriginal children and families. These resources also provide advice on Aboriginal ways of working, promoting Aboriginal knowledge and cultural practices. It is recommended practitioners access additional resources and specialist tools when working with Aboriginal children and families. The following resources are available:
SNAICC, Aboriginal and Torres Strait Islander Child Placement Principle: Aims and Core Elements (2013)
SNAICC, Understanding and applying the Aboriginal and Torres Strait Islander Child Placement Principle: A resource for legislation, policy and program development (2017)
SNAICC, Aboriginal and Torres Strait Islander Child Placement Principle: A Guide to Support Implementation (2019)