The child protection system is still experiencing pressure from several directions for either (a) alienating many families and communities through a response that focuses on forensic investigations and child removal, or (b) a public discourse criticising the system for not ‘rescuing children’ enough and demanding more authoritarian intervention in families rather than the provision of genuine family support. However, as those involved in the system know, removing a child from their family creates trauma for the child, the family and ultimately the community.
Getting it right for all children and young people in this state means promoting their rights to be heard and to maintain meaningful relationships and connections with family, community and culture; reframing risk; building trust with families; and listening to children and families about their experience of the system and the support they need.
The Commissioner recommends the draft Bill be amended to:
- Reframe the long title.
- Ensure the best interests of the child is the paramount principle and consideration in decision making.
- Strengthen and embed the guiding principles throughout the legislation, with regard to:
- Comprehensive principles of participation.
- Establishing a stand-alone principle of placement with order of priority.
- Strengthening the principle of ‘effective intervention’ with a focus on early intervention.
- Requiring the standard of ‘active efforts’ for all children.
- Strengthen primary intervention provisions to support family preservation and reunification.
- Ensure consistent application of the terms ‘harm’ and ‘significant harm’.
- Strengthen the Chief Executive’s duty to make decisions in relation to children in care in line with strengthened principles of participation.
- Ensure case plans are more child-centred in line with strengthened principles of participation.
- Review Part 14 to ensure that parents, family and friends are supported and not criminalised.