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Infant removal and the lack of representation for parents

Published online by Cambridge University Press:  03 September 2020

Celine Harrison Open the ORCID record for Celine Harrison [Opens in a new window] ,
Carol Bahemia  and
Debbie Henderson
Celine Harrison*
Affiliation:
Honorary Research Fellow, Social Policy Practice and Research Consortium, School of Population and Global Health, University of Western Australia, Perth, Western Australia, Australia
Carol Bahemia
Affiliation:
Lawyer, Private Practice, Carol Bahemia Lawyers, Perth, Western Australia, Australia
Debbie Henderson
Affiliation:
Executive Officer, Family Inclusion Network [FinWA] of WA Inc., Perth, Western Australia, Australia
*
Author for correspondence: Celine Harrison, Email: celineharrison67@gmail.com
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Abstract

This paper throws a spotlight on the systemic disadvantage experienced by parents who have their children removed from their care. With data drawn from the annual reports of the Legal Aid of Western Australia, the child protection agency in Western Australia, and the Productivity Commission, the authors illustrate the disconnection between the agency’s policy to reunify children once removed from their birth parents; the resources made available to support families to overcome their difficulties; and how the gap is further widened when parents without financial means and who are disempowered face legal proceedings on their own. We profile the increasing numbers of infants who are removed, the decreasing numbers of these infants who are discharged from care, and the shortfall of grants of legal aid that are provided to parents when they go to court. For this group of parents, permanent loss of their children is a reality. The aim of the paper is to capture the extent to which there is a fundamental blemish on the principles of due process and fairness, and once statutory processes are triggered, the best interests of the child and the support of parents are contingent, with poverty being the key mediating factor.

Keywords

Child abusechildren’s courtpovertylegal representation
Type
Articles
Information
Children Australia , Volume 45 , Special Issue 4: Special Issue: Poverty and Child Abuse , December 2020 , pp. 215 - 221
Copyright
© The Author(s) 2020. Published by Cambridge University Press

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References

Aboriginal Legal Service of WA Inc. (2016). Annual Report, 2016–2017. https://www.als.org.au/wp-content/uploads/2015/06/2016-ALSWA-ANNUAL-REPORT-FINAL-PRINTERS-VERSION.pdf Google Scholar
Australian Bureau of Statistics. (2014). 3301.0 Births, Australia, 2014. https://www.abs.gov.au/ausstats/abs@.nsf/lookup/3301.0Media%20Release12014#:~:text=3301.0%20-%20Births%2C%20Australia%2C%202014&text=Australia’s%20total%20birth% Google Scholar
Australian Institute of Health and Welfare. (2015). Child Protection Australia 2013–2014. Child Welfare Series no. 61, CAT no CWS 52. https://www.aihw.gov.au/reports/child-protection/child-protection-australia-2013-14/contents/table-of-contents Google Scholar
Australian Institute of Health and Welfare. (2016). Permanency Planning in child protection. Child Welfare Series no. 64, Cat. no. CWS 58. https://www.aihw.gov.au/getmedia/792f5576-eeca-48f5-9e64-0155f537d5f1/20156.pdf.aspx?inline=true Google Scholar
Autralian Institute of Health and Welfare. (2019). Child protection Australia 2017-2018. https://www.aihw.gov.au/reports/child-protection/child-protection-australia-2017-18/contents/table-of-contents Google Scholar
Bilson, A. (2018, 6th August). More parents accused of child abuse than ever before. The Conversation. https://theconversation.com/more-parents-accused-of-child-abuse-than-ever-before-100477 Google Scholar
Bilson, A., Cant, R., Harries, M., & Thorpe, D. (2013). A longitudinal study of children reported to the child protection department in Western Australia. British Journal of Social Work, 45(3), 771–791. doi: 10.1093/bjsw/bct164 Google Scholar
Carmody, T. (2013). Taking Responsibility: A Roadmap for Queensland Child Protection. http://www.childprotectioninquiry.qld.gov.au/ Google Scholar
Commissioner for Children and Young People. (2018). Issues Paper-Parent’s rights and participation in child protection practice. https://www.ccyp.wa.gov.au/media/2978/issues-paper-parents-rights-and-participation-in-child-protection-practice-may-2018.pdf Google Scholar
Courtney, M., & Hook, J. (2012). Evaluation of the impact of enhanced parental legal representation on the timing of permancny outcomes for children in foster care. Children and Youth Services Review, 34(7), 1337–1343.CrossRefGoogle Scholar
Department for Child Protection. (2012). Annual Report 2010-2011. https://www.dcp.wa.gov.au/Resources/Pages/AnnualReports.aspx Google Scholar
Department for Child Protection. (2018). Child protection. A Fresh Start. Progress report. https://www.childprotection.sa.gov.au/__data/assets/pdf_file/0013/107113/a-fresh-start-progress-report-2018.pdf Google Scholar
Department for Child Protection and Family Support. (2014). Permanency planning policy. https://www.dcp.wa.gov.au/Resources/Documents/Policies%20and%20Frameworks/Permanency%20Planning%20Policy.pdf Google Scholar
Department for Child Protection and Family Support. (2016). Information sheet: Permanency planning. https://www.dcp.wa.gov.au/FosteringandAdoption/CurrentFosterCarers/Documents/Permanency%20Planning%20Information%20Sheet.pdf Google Scholar
Department for Child Protection and Family Support. (2017). Final report 2016-2017. https://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/4010724a65710b5321473283482581b5002a4462/$file/724.pdf Google Scholar
Department of Child Safety Youth and Women. (2018). Practice paper: Permanency planning. https://www.communities.qld.gov.au/resources/childsafety/practice-manual/pppermanencyplanning.pdf Google Scholar
Department of Communities. (2018a). Annual report 2017-2018. https://www.communities.wa.gov.au/media/1350/department-of-communities-annual-report-2017-18.pdf Google Scholar
Department of Communities. (2018b). Child protection activity performance report 2017-2018. https://www.communities.wa.gov.au/media/1630/child-protection-activity-performance-report.pdf Google Scholar
Department of Communities. (2019). Care Plan Review Panel – Standing Procedures. Tabled Paper No. 3017. https://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/4013027cca63ae3300da06d24825847900043314/$file/tp-3027.pdf Google Scholar
Department of Health and Human Services. (2019). Changes to child protection law. State Government of Victoria. https://providers.dhhs.vic.gov.au/.Google Scholar
Gupta, A. (2018). Punishing the Poor? Child welfare and protection under neoliberalism. Social Work and Society, 16(2), 1–8. http://nbn-resolving.de/urn:nbn:de:hbz:464-sws-1636 Google Scholar
Haight, W., Marshall, J., & Woolman, J. (2015). The Child Protection Clinic: A mixed method evaluation of parent legal representation. Children and Youth Services Review, 56, 7–17. doi: 10.1016/j.childyouth.2015.06.014 Google Scholar
Hansen, P., & Ainsworth, F. (2009). Human rights abuse in aspects of child protection practice? Australian Journal of Social Issues, 44(2), 183–193.Google Scholar
Harries, M. (2008). The experiences of parents and families of children and young people in care. Family Inclusion Network.Google Scholar
Harrison, C., Harries, M., & Liddiard, M. (2015). Removal at birth and infants in care: Maternity under stress. Communities, Families and Children Australia, 9(2), 39–56.Google Scholar
Legal Aid of Western Australia. (2011). Annual Report 2010-2011. https://www.legalaid.wa.gov.au/sites/default/files/Annual_Report_2010-11.pdf Google Scholar
Legal Aid of Western Australia. (2018). Annual Report 2017-2018. www.legalaid.wa.gov.au Google Scholar
Legal Aid Western Australia. (2019). Legal Aid WA Annual Report 2018-19. https://www.legalaid.wa.gov.au/sites/default/files/inline-files/1400166-Annual_Report_2018-19.pdf Google Scholar
LeLievre, K. (2019, 2 June). Canberra parents in child protection matters fighting against teams of territory lawyers. The Canberra Times. https://www.canberratimes.com.au/story/6191886/parents-on-unequal-footing-against-government-in-legal-fight-for-children/ Google Scholar
Mackieson, P., Shlonsky, A., & Connolly, M. (2019). Permanent care orders in Victoria: A thematic analysis of implementation issues. Australian Social Work. doi: 10.1080/0312407X.2018.1539112 CrossRefGoogle Scholar
Marquis, R. (2017). Voices of mothers with empty arms: Separation and reunficiation issues experienced by mothers with alcohol and other substance use issues. https://www.ccyp.wa.gov.au/media/2979/report-voices-of-mothers-with-empty-arms-may-2018.pdf Google Scholar
Masson, J. (2012 ). ‘I think I do have strategies’: Lawyers’ approaches to parent engagement in care proceedings. Child & Family Social Work, 17(2), 202–211.CrossRefGoogle Scholar
Mermania, N., Nolte, L., Norris, C., & Harborne, A. (2015). ‘It felt like it was night all the time’: Listening to the experiences of birth mothers whose children have been taken into care or adopted. Adoption and Fostering, 39(4), 303–317.Google Scholar
Miller, N. (2015). To instigate the establishment of a child protection law specialist accreditation program in Queensland. https://www.churchilltrust.com.au/media/fellows/Miller_Nigel_2014_child_protection_law_in_Queensland.pdf Google Scholar
New South Wales Government. Family and Community Services. (2018). Permanency Case Management Policy. https://www.facs.nsw.gov.au/families/permanency-support-program/permanency-case-management-policy/case-management-policy.Google Scholar
Novacs, S., Paradis, E., Brown, J., & Morton, H. (2006). A visceral grief: Young homeless women and loss of child custody. Centre for Urban and Community Studies. www.urbancentre.utoronto.ca/redirects/rb34.html Google Scholar
O’Donnell, M., Taplin, S., Marriott, R., Lima, F., & Stanley, F. (2019). Infant Removals: The need to address the over-representation of Aboriginal infants and community concerns of another ‘stolen generation’. Child Abuse and Neglect, 9, 88–98.CrossRefGoogle Scholar
Parliament of Western Australia. (2017, 5 December, p6561b-6562a). Hansard, Record of Proceedings. https://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/9ef0662d6be77be24825822f000dd9f5/$FILE/C40+S1+20171205+p6561b-6562a.pdf Google Scholar
Pettit, C. (2016). Out of Home Care Reform Legislative Amendments Consultation Paper. https://www.ccyp.wa.gov.au/news/commissioner-welcomes-reform-of-out-of-home-care/ Google Scholar
Pilat, L. (2019, January 25). Number of WA Aboriginal children in care ‘greater than the stolen generation’. WAtoday. https://www.watoday.com.au/national/western-australia/number-of-wa-aboriginal-children-in-care-greater-than-stolen-generation-20190124-p50thv.html Google Scholar
Productivity Commission. (2018). Child Protection Services. Report on Government Services 2018 (Chapter 16). www.pc.gov.au/research/ongoing/report-on-government-services/2018/community-services/child-protection/rogs-2018-partf-chapter16.pdf Google Scholar
Ross, N., Cocks, J., Johnston, L., & Stoker, L. (2017). ‘No voice, no opinion, nothing’: Parent experiences when children are removed and placed in care. Research report. https://www.lwb.org.au/assets/Parent-perspectives-OOHC-Final-Report-Feb-2017.pdf Google Scholar
SNAICC. (2018). Strong communities, strong culture, stronger children: 2018 snapshot data. Family Matters. https://www.familymatters.org.au/wp-content/uploads/2018/11/Family-Matters-Data-Snapshot-2018.pdf Google Scholar
SNAICC. (2019). Measuring trends to turn the tide on the over-representation of Aboriginal and Torres Strait Islander children in out of home care in Australia. The Family Matters Report 2019. https://apo.org.au/node/263781 Google Scholar
State Administrative Tribunal (SAT). (2018). Annual Report 2017/2018. https://www.sat.justice.wa.gov.au/_files/SAT_AReport_2017-2018.pdf Google Scholar
State Administrative Tribunal (SAT). (2019). Annual Report 2018/2019. https://www.sat.justice.wa.gov.au/_files/SAT_Annual_Report_2018-2019.pdf Google Scholar
Thomson, L., McArthur, M., & Camilleri, P. (2017). Is it ‘fair’? Representation of children, young people and parents in an adversarial court system. Child and Family Social Work, 22, 23–32. doi: 10.1111/cfs.12226 CrossRefGoogle Scholar
Thornton, E., & Gwin, B. (2012). High-quality legal representation for parents in child welfare cases results in improved outcomes for families and potential cost savings. Family Law Quarterly, 46(1), 139–154.Google Scholar
Venables, J., & Healy, K. (2017). Collaborating with parents during intervention with parental agreement: Practitioner perspectives on procedural justice. Child and Family Social Work, 24, 33–41.CrossRefGoogle Scholar
Walsh, T., & Douglas, H. (2012). Lawyers’ views on decision making in child protection matters: The tensions between adversarialism and collaborative aproaches. Monash University Law Review, 38(2), 181–211.Google Scholar
Women’s Law Center. (2017). Annual Report 2016-2017. https://www.wlswa.org.au/wp-content/uploads/2018/11/WLCWA-Annual-Report-2016-17.pdf Google Scholar