ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN Systemic inquiry into services provided to Aboriginal children and young people in out-of-home care in Victoria Artwork © Coming Home (acrylic on canvas 2014) © Commission for Children and Young People 2016 reproduced with permission of the artist, Eileen Harrison. This work is copyright. Apart from any use as permitted Eileen Harrison is a Gunai/Kurnai woman, artist and under the Copyright Act 1968, no part may be reproduced respected Elder from south-east Victoria. by any process without prior written permission from the Commission for Children and Young People, Level 20, All the baby emus in this painting are coming home. 570 Bourke Street, Melbourne Victoria 3000. The black emus depict the mothers and the larger emus depict Elders wearing their possum skin cloaks. Suggested citation: This work represents people coming home to their Commission for Children and Young People, ‘Always was, ancestral lands, their place. Country is where you belong. always will be Koori children’: Systemic inquiry into services provided to Aboriginal children and young people in out-of- home care in Victoria (Melbourne: Commission for Children and Young People, 2016). ISBN 978-0-9945296-2-6 Commission for Children and Young People Level 20, 570 Bourke Street Melbourne, Victoria, 3000 Freecall: 1300 78 29 78 Phone: (613) 8601 5884 Email: [email protected] www.ccyp.vic.gov.au Ordered to be published by the Victorian Government Printer October 2016 PP No 207, Session 2014–16 This report contains material that may cause distress. Aboriginal people are warned that this report may contain images or names of deceased persons. Pseudonyms have been used for all case studies presented in this report. Letter to the Legislative Council and the Legislative Assembly ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN 1 Acknowledgements The Commission greatly values the stories The Commission also acknowledges the support and and experiences of Aboriginal children and commitment of: young people in state care, which have • former Minister for Community Services, Hon Mary helped inform this Inquiry and will continue Wooldridge, and the current Minister for Children to drive the future work of the Commission. and Families, Hon Jenny Mikakos, for their support of the concept of Taskforce 1000 and its eventual implementation The vital role of families and carers and their important • previous DHS Secretaries and current DHHS Secretary, contribution to this Inquiry though the Taskforce 1000 Ms Kym Peake, for co-chairing the Taskforce 1000 Community Yarns are recognised by the Commission. Steering Committee and for their commitment to driving change and improving practice for Aboriginal children in The Commission acknowledges and thanks the many out-of-home care individuals and organisations who have contributed to this Inquiry and the Taskforce 1000 project, which underpins • members of the Taskforce 1000 Steering Committee much of the evidence presented in this report. • executive, management and staff in ACCOs and CSOs The Commission thanks all workers across government across Victoria for their participation in Taskforce 1000 and community who have worked with the children and their and provision of services to Aboriginal children families on a daily basis and over many years, providing invaluable insight through their presentations at Taskforce • DHHS area managers who co-chaired Taskforce 1000 1000 about the experiences of Aboriginal children in care. area panels Their contributions have helped to improve the lives of the • DHHS divisional child protection practitioners involved children reviewed and have contributed to systemic reform in Taskforce 1000 for children in the future. • Commission staff who supported the Commissioner for Aboriginal Children and Young People during Taskforce 1000 and in the preparation of this report. 2 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN Commissioners’ foreword Historically, Aboriginal children have The Commission’s Inquiry found significant departures shouldered the brunt of our colonial past – from existing requirements to promote and preserve the exploited by settlers for free labour, preyed cultural rights of Aboriginal children in care. Limited access to culturally appropriate education services and supports upon by missionaries seeking to save their and widespread non-compliance with cultural planning – souls and torn from loving families and alongside a failure to adequately engage Aboriginal families, communities in an effort to extinguish their communities and organisations in decision-making – are culture and identity. exacerbating upheaval and distress for Aboriginal children in the child protection system. This Inquiry found that, overwhelmingly, children are Tragically, we see today in Victoria that Aboriginal children entering care as a result of family violence and parental continue to disproportionately bear the burden of our history. substance abuse. More needs to be done to prevent and They witness the pain and the scars of their Elders. They address this pathway for children entering care and to may be dislocated from their ancestry and family history, support Aboriginal families to remain together and thrive. where past government practices have severed these links. There is no cure for a permanent loss of identity and culture; Their safety and security at home may be compromised by prevention is paramount. entrenched social disadvantage and dysfunction, borne of a history of dispossession, racism and marginalisation. This report has identified a number of opportunities to safeguard Aboriginal children’s cultural rights. Increasing While child protection practices and attitudes have Aboriginal involvement and participation in the child undoubtedly changed over the years, the concerning rate protection system is central to this. Embedding a more of Aboriginal children being removed from their homes has robust performance measurement system that attaches not. Almost 20 per cent of children in out-of-home care are responsibility for improvement to those in leadership Aboriginal, despite Aboriginal people representing less than positions, flowing through to those working directly with 1 per cent of the Victorian population. Many of these children families, will drive greater compliance and accountability are placed away from their families and communities, often for all. in non-Aboriginal households, where their ability to remain connected to their culture is compromised. Many of the findings and recommendations in this report are not new or surprising. They are consistent with what we If we do not confront the reality of the over-representation of have learned from a number of previous inquiries that have Aboriginal children in our child protection system, we risk examined government interaction with Aboriginal people, allowing the ghosts of our colonial history to do more than dating back to the Royal Commission into Aboriginal Deaths haunt us. We risk allowing harmful outcomes for Aboriginal in Custody in 1991. Too many of the lessons gleaned from children to continue unabated. previous inquiries sit unaddressed, fuelled by a growing complacency and the acceptance of poorer outcomes for This report outlines the findings of the Commission’s Aboriginal people as inevitable. systemic inquiry into services provided to Aboriginal children and young people in out-of-home care. It shines In light of this, the Commission is pleased to reflect a light on a system that has failed to actively question and on significant and timely reforms led by the Victorian evaluate the impact of its actions on some of our most Government to address the growing over-representation of vulnerable children. It draws upon the work of the Taskforce Aboriginal children in the child protection system. Bipartisan 1000 project, an innovative model bringing together support for the recommendations of this Inquiry will be Aboriginal and non-Aboriginal service providers and crucial in enabling the transfer of targets and resources policymakers to critically examine the circumstances of to ACCOs for the case management and placement of the almost 1,000 Aboriginal children in out-of-home care. Aboriginal children. ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN 3 Commissioners’ foreword The positive response to the Koorie kids: Growing strong in their culture submission from the Aboriginal community has seen a deliberate shift towards self-determination, evidenced through the plan to transfer case management of Aboriginal children in out-of-home care to Aboriginal community controlled organisations. The Aboriginal Children’s Forum, a regular meeting of Aboriginal organisations, government representatives and the broader community sector, will also help maintain momentum and shared responsibility for reducing the number of Aboriginal children in the child protection system and improving meaningful cultural connection for those within it. An Aboriginal child is not only a family member, but also a member of a clan and a first Australian, born imbued with a connection to Country and responsibilities to generations that have walked before and the countless generations that will follow. It is our collective responsibility to ensure every Aboriginal child has the opportunity to learn, practice and pass on their culture. They can only fulfil this obligation when they know who they are and where they have come from. Yours sincerely Liana Buchanan Andrew Jackomos PSM Principal Commissioner Commissioner for Aboriginal Children and Young People 4 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN Contents Page Page Letter to the Legislative Council 3. Learning from Taskforce 1000 38 and the Legislative Assembly 1 3.1 What was Taskforce 1000? 38 Acknowledgements 2 3.2 Demographics 39 3.3 Preparation for Taskforce 1000 Commissioners’ foreword 3 area panels 40 List of tables 6 3.4 Taskforce 1000 area panels 41 3.5 Taskforce 1000 area action plans 42 List of figures 7 3.6 Taskforce 1000 stakeholder consultation 44 Abbreviations and acronyms 8 4. Inquiry findings 46 Definitions 9 4.1 Drivers for child protection involvement and entry to Aboriginal 9 out-of-home care 46 Children 9 4.2 Early years support 53 Cultural safety 9 4.3 Practice challenges 55 Out-of-home care 9 4.4 Education 85 Executive summary 11 4.5 Children’s health and wellbeing 90 4.6 Leaving care issues 96 Findings 13 4.7 Youth justice 97 Recommendations 14 4.8 Organisational change: capacity building and cultural competence 99 Introduction 22 5. Opportunity to respond 102 About this Inquiry 23 Appendices 107 Role of the Commission for Children and Young People 24 Appendix 1: Data tables 107 Appendix 2: DHHS area map 122 1. Background 25 Appendix 3: Aboriginal languages of Victoria map 123 1.1 Census data 25 Appendix 4: Extract, CYFA 2005, s. 162 1.2 Aboriginal children receiving child protection When is a child in need of protection? 124 services in Victoria 26 Appendix 5: Survey questions, 1.3 Aboriginal children in out-of-home care in Victoria 26 Taskforce 1000, 2014–15 125 1.4 Key Victorian inquiries 27 Appendix 6: Core membership of Taskforce 1000 1.5 Victorian initiatives 29 Steering Committee 129 1.6 Key national inquiries relating Appendix 7: Bringing them home Scorecard 131 to Aboriginal people 30 References 132 1.7 National initiatives 31 2. Legislative requirements 34 2.1 Charter of Human Rights and Responsibilities Act 2006 34 2.2 Children Youth and Families Act 2005 34 2.3 Additional decision-making principles for Aboriginal children 35 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN 5 Contents Page Page List of tables Table A14: Additional DHHS programs involved with children reviewed during Taskforce 1000, Table 1: Children (0–17 years of age) in by DHHS division 113 out-of-home care in Victoria and nationally, Table A15: Aboriginal status of child’s primary by Aboriginal status, 2006–15 27 carer for children reviewed during Taskforce 1000, Table 2: Gender, age and Aboriginal status by DHHS division 113 of children reviewed during Taskforce 1000 39 Table A16: Substantiated abuse type for children Table 3: Type of protection order for children reviewed during Taskforce 1000, by DHHS division 114 reviewed during Taskforce 1000 40 Table A17: Type of protection order for children Table 4: Victorian children in out-of-home care reviewed during Taskforce 1000, by DHHS division 114 by Aboriginal status and placement type, Table A18: Compliance with DHHS policy on 30 June 2015 69 ACSASS consultation, by DHHS division 115 Table 5: Children subject to DHHS Category Table A19: Type of placement for children reviewed One CIRs by Aboriginal status, 2013–14 and during Taskforce 1000, by DHHS division 115 2014–15 84 Table A20: Consideration of placement in kinship Table 6: Incidence of suspension and expulsion care for children reviewed during Taskforce 1000, for children enrolled in education reviewed during by DHHS division 116 Taskforce 1000 88 Table A21: Aboriginal status of child’s primary carer Table 7: Summary of feedback provided through and cultural awareness training provision for the opportunity to respond 104 non-Aboriginal primary carers for children reviewed Table A1: Children subject to Category One CIRs during Taskforce 1000, by type of placement 116 by Aboriginal status and incident type, 2013–14 Table A22: Cultural connection for children and 2014–15 107 reviewed during Taskforce 1000, by case Table A2: Gender, age and Aboriginal identification management responsibility 117 and status of children reviewed during Taskforce 1000, Table A23: Sibling placement and contact for by DHHS division 108 children reviewed during Taskforce 1000, Table A3: DHHS North division – children reviewed by case management responsibility 117 during Taskforce 1000, by DHHS area and as a Table A24: Compliance with the CYFA 2005 proportion of the state 109 cultural support plan requirements for children Table A4: DHHS South division – children reviewed on Guardianship orders, by case management during Taskforce 1000, by DHHS area and as a responsibility 117 proportion of the state 109 Table A25: Physical health factors for children Table A5: DHHS East division – children reviewed reviewed during Taskforce 1000, by DHHS division 118 during Taskforce 1000, by DHHS area and as a Table A26: Mental health concerns in children proportion of the state 109 reviewed during Taskforce 1000, by age and Table A6: DHHS West division – children reviewed DHHS division 119 during Taskforce 1000, by DHHS area and as a Table A27: Mental health support and treatment proportion of the state 109 for children reviewed during Taskforce 1000, Table A7: Parental Aboriginal status for children by DHHS division 119 reviewed during Taskforce 1000, by DHHS division 110 Table A28: Substance use by children reviewed Table A8: Risk factors evident for children reviewed during Taskforce 1000, by DHHS division 119 during Taskforce 1000, by DHHS division 110 Table A29: Treatment and support for substance Table A9: DHHS North division – risk factors evident use in children reviewed during Taskforce 1000, for children reviewed during Taskforce 1000, by DHHS division 119 by DHHS area 111 Table A30: Children with a disability reviewed Table A10: DHHS South division – risk factors during Taskforce 1000, by DHHS division 120 evident for children reviewed during Taskforce 1000, Table A31: Disability support for children by DHHS area 111 reviewed during Taskforce 1000, by DHHS division 120 Table A11: DHHS East division – risk factors evident Table A32: Type of education setting for children for children reviewed during Taskforce 1000, reviewed during Taskforce 1000, by DHHS division 120 by DHHS area 112 Table A33: Type of education setting for children Table A12: DHHS West division – risk factors evident enrolled in education reviewed during Taskforce 1000 121 for children reviewed during Taskforce 1000, Table A34: Educational progress for children by DHHS area 112 enrolled in education for children reviewed during Table A13: Case management responsibility for Taskforce 1000, by education setting 121 out-of-home care placement for children reviewed Table A35: Provision of education plans and support during Taskforce 1000, by DHHS division 113 for children reviewed during Taskforce 1000, by educational setting 121 6 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN Page Page List of figures Figure 13: Aboriginal status of child’s primary carer and provision of cultural awareness training for Figure 1: Children (0–17 years of age) in non-Aboriginal primary carers for children reviewed out-of-home care in Victoria, by Aboriginal status, in Taskforce 1000, by placement type 71 30 June 2006 to 30 June 2015 26 Figure 14: Compliance with legislation for cultural Figure 2: Aboriginal children (0–17 years of age) support plans for children on Guardianship orders in out-of-home care in Victoria and nationally, reviewed during Taskforce 1000, by agency with 30 June 2006 to 30 June 2015 27 case management responsibility 72 Figure 3: Children reviewed during Taskforce 1000, Figure 15: Sibling placement and contact for children by DHHS area 39 reviewed during Taskforce 1000, by agency providing case management 76 Figure 4: Proven grounds in Protection Applications for children reviewed during Taskforce 1000 40 Figure 16: Type of education setting for children reviewed during Taskforce 1000 86 Figure 5: Known risk factors for children reviewed during Taskforce 1000 46 Figure 17: Attention to physical health for children reviewed during Taskforce 1000 92 Figure 6: Agencies with case management responsibility for children reviewed during Figure 18: Children with mental health issues Taskforce 1000, by DHHS division 55 reviewed during Taskforce 1000, by age 94 Figure 7: Aboriginal status of the primary carer Figure 19: Children reviewed during Taskforce 1000 of children reviewed during Taskforce 1000, with a known disability, by type of disability 95 by agency with case management responsibility 56 Figure 20: Support for children with a disability Figure 8: Provision of cultural connection to children reviewed during Taskforce 1000 96 reviewed during Taskforce 1000, by agency with case management responsibility 56 Figure 9: Compliance with DHHS policy on consultation with ACSASS for children reviewed during Taskforce 1000, by DHHS division 64 Figure 10: Compliance with DHHS policy about provision of AFLDM conferences for children reviewed during Taskforce 1000, by DHHS division 66 Figure 11: Out-of-home care placement type for children reviewed during Taskforce 1000 70 Figure 12: Aboriginal status of child’s primary carer for children reviewed during Taskforce 1000 70 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN 7 Abbreviations and acronyms ACCHO Aboriginal community controlled ICMS Intensive Case Management Service health organisation Inquiry The Commission for Children and Young ACCO Aboriginal community controlled People Victoria’s systemic inquiry into organisation services provided to Aboriginal children and young people in out-of-home care in Victoria ACPP Aboriginal Child Placement Principle KEC Koorie Education Coordinator ACF Aboriginal Children’s Forum KESO Koorie Engagement Support Officer ACSASS Aboriginal Child Specialist Advice and Support Service KPI Key performance indicator ADHD Attention deficit hyperactivity disorder LAC Looking After Children framework AFLDM Aboriginal Family-Led Decision-Making LGBTI Lesbian, gay, bisexual, transgender or intersex AIHW Australian Institute of Health and Welfare NAIDOC National Aborigines and Islanders Day Observance Committee Alliance Victorian Aboriginal Children and Young People’s Alliance NAPLAN National Assessment Program – Literacy and Numeracy CCYP Act Commission for Children and Young People Act 2012 (Vic) NDIS National Disability Insurance Scheme CEO Chief Executive Officer NSDC National Sorry Day Committee Charter Charter of Human Rights and RCIADIC Royal Commission into Aboriginal Deaths Responsibilities Act 2006 (Vic) in Custody CIR Client Incident Report RTO Registered training organisation COAG Council of Australian Governments SNAICC Secretariat of National Aboriginal and Islander Child Care Commission Commission for Children and Young People TAFE Technical and Further Education CRIS1 Client Relationship Information System Taskforce Taskforce 1000 was established in 2013 CRISSP2 Client Relationship Information System 1000 in response to the over-representation of for Service Providers Victorian Aboriginal children in out-of-home CSO Community service organisation care. Taskforce 1000 examined the individual CYFA 2005 Children Youth and Families Act 2005 (Vic) circumstances of 980 children and was co- chaired by the Secretary to DHHS and the DET Department of Education and Training Commissioner for Aboriginal Children and DHS Department of Human Services Young People, Mr Andrew Jackomos PSM DHHS3 Department of Health and Human Services TSI Torres Strait Islands DoJR Department of Justice and Regulation VACCA Victorian Aboriginal Child Care Agency FASD Fetal alcohol spectrum disorders VACCHO Victorian Aboriginal Community Controlled Health Organisation FVPLS The Aboriginal Family Violence Prevention and Legal Service Victoria VAEAI Victorian Aboriginal Education Association Incorporated VAGO Victorian Auditor-General’s Office 1 DHHS operates three integrated web-based client and case management systems. CRIS is the client information and case management system VAHS Victorian Aboriginal Health Service used by child protection, youth justice, disability services, early childhood intervention services and the refugee minor program. VOCAT Victims of Crime Assistance Tribunal 2 CRISSP is based on CRIS and uses similar functionality. It is a system provided to ACCOs and CSOs that are funded to provide services in child protection placement and support, disability services, youth justice, early childhood intervention services and/or family services. 3 On 1 January 2015, the Victorian Government established the Department of Health and Human Services, bringing together the former Department of Health, Department of Human Services and Sport and Recreation Victoria. Reference to the former DHS is made in this report where relevant. 8 ALWAYS WAS, ALWAYS WILL BE KOORI CHILDREN