Indigenous, legal and family advocates are hoping a new way of approaching child protection cases in NSW will keep more families together.
The NSW/ACT Aboriginal Legal Service (ALS), Legal Aid and the Department of Communities and Justice (DCJ) have formed a partnership to ensure all families, particularly Indigenous families, involved in out-of-home care matters get early legal advice.
The Legal Assistance for Families Partnership Agreement (LAFPA) will be introduced across NSW after trials in Tamworth, Newcastle and Gosford.
New laws will come into effect in next month that require DCJ to take ‘active efforts’ to prevent children from being removed from their families.
Aboriginal children in NSW are 12 times more likely to be in out-of-home care than non-Indigenous kids.
In 2016, the NSW Government commissioned an independent review into the disproportionate and increasing number of Aboriginal kids in out-of-home care.
The Family is Culture report was released in November 2019, and made 126 recommendations for structural change to the child protection system.
Families and Communities Minister Kate Washington said the new agreement will help to reduce the over-representation of Aboriginal children in out-of-home care, as recommended in the Family is Culture report.
“This agreement puts children first and ensures all organisations work collaboratively to keep kids staying safely at home with their families," she said.
ALS chief executive Karly Warner says Aboriginal and Torres Strait Islander children are more likely than other children to be taken from home younger, stay in the system for longer, and are less likely to be returned to their families.
“Aboriginal and Torres Strait Islander children are safest and strongest when they grow up in family, community and culture," she said.
"It’s the responsibility of the child protection system to support families who want to do the best for their kids."
Legal Aid NSW chief executive Monique Hitter said the agreement meant families would have access to lawyers before children were removed.
“Early intervention is proven to reduce the number of children that need to be separated from their families and the stress of the court process,” she said.
“Through this partnership, we are optimistic that we can improve overall outcomes for children and their families.”
13YARN 13 92 76
Aboriginal Counselling Services 0410 539 905
Lifeline 13 11 14
Kids Helpline 1800 55 1800 (for people aged 5 to 25)
