What we achieve

Placement of Aboriginal and Torres Strait Islander children

When working with an Aboriginal and Torres Strait Islander child, young person or family the department must apply each of the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle, those being prevention, partnership, placement, participation and connection.

When placing an Aboriginal and Torres Strait Islander child or young person in care, the department is required to give consideration to placement with a member of the child's family group in accordance with the additional elements in the Aboriginal and/or Torres Strait Islander Child Placement Principle (section 5C and section 83 of the Child Protection Act 1999 (the Act).

The Act requires that in making a decision about who the child should be placed with, the chief executive (Director-General) of the department must give proper consideration to the views of the child and the child's family, ensure the decision provides opportunities for the child to maintain connection with family, community, culture and country under Aboriginal tradition and Island custom, and give proper consideration to placing the child, in order of priority, with:

• a member of the child's family group
• a member of the child's community or language group
• another Aboriginal and/or Torres Strait Islander person who is compatible with the child's community or language group
• another Aboriginal and/or Torres Strait Islander person.

When the department is unable to place a child in accordance with the legislated placement provisions, consideration must be given to placing a child, in the following order, with:

• a person who lives near the child's family
• a person who lives near the child's community or language group.

Secondly, before placing a child with a non-Aboriginal and/or Torres Strait Islander carer, the department must assess the carer's commitment to:

• facilitating contact between the child and their parents and other family members, subject to limitations on the contact under Section 87 of the Act
• helping the child maintain a connection with their Aboriginal and/or Torres Strait Islander culture
• preserving and enhancing the child's sense of Aboriginal and/or Torres Strait Islander identity.

In placing an Aboriginal and Torres Strait Islander child outside of the home, the department must provide an opportunity for the child and the child's family, supported by an independent Person (if the family chooses) to participate in the placement decision.