Case planning for Aboriginal children

Section 10 of the Children, Youth and Families Act 2005 (CYFA) stipulates that the best interests of the child must always be paramount in any decision or action taken by Child Protection. This extends to case planning.

Child Protection are also required to comply with decision-making principles (s. 11). In the case of an Aboriginal child, Child Protection must also consider the recognition principles (s. 7E) and additional decision-making principles (s. 12). If the case plan involves court ordered care for the child, Child Protection must apply the Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14).

These legal obligations extend to Community Service Organisations (CSO) providing services under the CYFA 2005.

The purpose of these principles is to ensure that the cultural, spiritual, and emotional needs of Aboriginal children are met, and that their connections to family, community, and culture are maintained. 

Section 166 of the CYFA states the case plan must address the cultural support needs for Aboriginal children in care and must reflect and be consistent with those needs. Also, a cultural plan (s. 176 CYFA) is to be provided.

These principles must be used to guide case planning for Aboriginal children. 

Case practitioner tasks

• Consider the recognition principles (s.7E) when:
  • making a decision or taking action in relation to an Aboriginal child
  • planning or delivering services for Aboriginal children and families in the Child Protection system.
• Consideration of the recognition principles (s.7E) must be recorded on CRIS for all key decisions and actions undertaken for Aboriginal children. The ‘Statement of Recognition’ case note category should be used for recording at all points of child protection involvement.

Aboriginal children and their families must be supported to understand the recognition principles (s.7E), including rights to self-determination and cultural connections, and be involved in the planning of how these principles are supported.

• Involve Aboriginal Child Specialist Advice and Support Service (ACSASS) in the formulation of a case plan and unless the child or family objects invite ACSASS to participate in all formal decision-making processes, including Aboriginal Family Led Decision Making (AFLDM) meeting. If a child or the child’s family refuses the direct involvement of an ACSASS worker in a case plan meeting, continue to consult with ACSASS about case planning.
• If there are family violence risk factors, the risk assessment or review risk assessment which includes the MARAM assessment, should be discussed with ACSASS. 
• ACSASS must be involved in the development of the risk assessment or the review risk assessment. 
• Offer families an AFLDM meeting when harm is substantiated and at key points of Child Protection involvement (for example, application to the Children’s Court for a protection order). 

Where an AFLDM meeting takes place, objectives and agreed actions will be used to develop the case plan for the child. AFLDM can also assist in developing the cultural plan for children living in care. 

• If the case plan is due for a review, or if there is a significant change in the child’s circumstances that warrant a review of the case plan offer an AFLDM process.
• Update the essential information categories if new information is obtained.
• Consult ACSASS when considering contracting case management or case functions to a CSO. 
• If case management is contracted to a CSO, advise the CSO of ACSASS’s role.
• Consult with ACSASS when case planning decisions involve placement of an Aboriginal child. ACSASS will assist in identifying a placement for the child that complies with the Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14).
• Regarding placement of an Aboriginal child in out-of-home care:
• Ensure compliance with the Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s.114):
  • As a priority, wherever possible, the child must be placed within the Aboriginal extended family or relatives and where this is not possible other extended family or relatives.
  • If, after ACSASS consultation, placement with extended family or relatives is not feasible or possible, the child may be placed with – 
    • an Aboriginal family from the local community and within close geographical proximity to the child's natural family  
    • an Aboriginal family from another Aboriginal community
    • as a last resort, a non-Aboriginal family living in close proximity to the child's natural family. 
  • Any non-Aboriginal placement must ensure the maintenance of the child's culture and identity through contact with the child's community.  
• If an Aboriginal child is in care, arrange for the development of the child’s cultural plan. Consider offering an AFLDM to inform development of the cultural plan.
• If a child has parents from different Aboriginal communities, the order of placement set out in the Aboriginal Child Placement Principle (s. 13) applies but consideration must also be given to the child’s own sense of belonging (s. 14 (2)).
• If a child with parents from different Aboriginal communities is placed with one parent's family or community, arrangements must be made to ensure that the child has the opportunity for continuing contact with their other parent's family, community and culture (s. 14 (3)).
• If a child has one Aboriginal parent and one non-Aboriginal parent, the child must be placed with the parent with whom it is in the best interests of the child to be placed (s. 14 (4)).
• If an Aboriginal child is placed with a person who is not within an Aboriginal family or community, arrangements must be made to ensure that the child can continue to have contact with their Aboriginal family, community and culture (s. 14 (5)).
• Record details of the involvement of ACSASS and relevant members of the child’s Aboriginal community in case plan decisions and processes.
• See Permanent care for Aboriginal children if planning for permanent care.
• If a decision has been made to seek a permanent care order (PCO), liaise with the Adoption and Permanent Care Team (APCT) to organise a meeting with the VACCA permanent care program to discuss the development of a permanent care cultural assessment report and preparation of a cultural plan. Your team manager must write to the Chief Executive Officer of VACCA requesting a report.
• Review the Compliance Dashboards in CRIS for activities that are due, or actions required. 

Supervisor, team manager and case planner tasks

• Confirm compliance with the recognition principles (s. 7E), Aboriginal Child Placement Principle (s. 13) and Further principles for placement of Aboriginal child (s. 14) at all points of decision making throughout case planning. This includes consideration of when placing a child in care.  
• If a case planning meeting recommends seeking a permanent care order (PCO) for an Aboriginal child, write to inform the Chief Executive Officer of VACCA of the recommendation and request that VACCA’s permanent care program provide a report, including a permanent care cultural assessment report, for the Court.
• If VACCA’s permanent care program recommends the making of the order, Child Protection or the APCT should lodge the application for the PCO at the Children’s Court.
• If VACCA’s permanent care program does not recommend the making of the order, convene a case planning meeting to explore the basis for this and how best to plan for the child’s permanency. Invite a representative of VACCA’s permanent care program to the meeting.

• Permanent care for Aboriginal children - advice