Kids in care

6. Aboriginal and Torres Strait Islander children and care

Child protection is about keeping children safe. In NSW, Community Services (previously known as 'DOCS') have responsibility for the safety and well-being of children and for helping to protect children from abuse or harm.

If an Aboriginal or Torres Strait Islander child needs to be removed from his or her family, there are special rules that apply. These are called the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles.

The Aboriginal and Torres Strait Islander Child and Young Person Placement Principles

When deciding where your child should live, the most important rule is your child's best interests. However, the Principles say that the preferred order is for an Aboriginal or Torres Strait Islander child to be placed with:

the child's extended family or kinship group (like grandparents, aunties, uncles or cousins)
other members of the child's community; or
people from another community but near the child's home.

Your child can only be placed with a non-Aboriginal or non-Torres Strait Islander carer if an Aboriginal or Torres Strait Islander placement cannot be found from the three groups above. If Community Services do this they must first consult with your child's extended family or kinship group and with Aboriginal or Torres Strait Islander organisations about other options.

What if your child has parents from different Aboriginal or Torres Strait Islander communities?

The same rules apply if your child has parents from different Aboriginal or Torres Strait Islander communities. Community Services have to consider the extended family or kinship groups of both parents. When deciding where your child should live, the most important rule is your child's best interests.

What if my child has one Aboriginal or Torres Strait Islander parent and one parent from another culture?

If your child has one Aboriginal or Torres Strait Islander parent and one parent from another culture, the only rule in deciding where your child should live is what is in your child's best interests.

However, if your child lives with a non-Aboriginal or non-Torres Strait Islander family, Community Services must make sure that your child stays in touch with his or her Aboriginal or Torres Strait Islander family, community and culture.

If your child lives with an Aboriginal or Torres Strait Islander family, Community Services must make sure that your child can have contact with his or her other family, community and culture.

What if I do not agree with where my child is placed?

Community Services must listen to your views when it makes decisions about your child. If you are concerned that the Placement Principles have not been applied or you are worried about your child's safety you should tell Community Services and your lawyer.

If Community Services do not agree with you, your lawyer can help you to:

talk to Community Services about your worries,
prepare an Affidavit (a written document for the Court) to tell the Court about your worries,
get proof of the things you are worried about, such as asking to look at records from Community Services and Police.

See the whole series of BOOKLETS for more information on different aspects of care proceedings:

Other information for Aboriginal or Torres Strait Islander people

Aboriginal Legal Service NSW/ACT (the ALS) has a team of field officers and lawyers trained to assist Aboriginal or Torres Strait Islander men and women, parents and grandparents, uncles, aunties and children, with child protection issues. They also have some good written information you can find at www.alsnswact.org.au/pages/care-and-protection

Indigenous kids

How can I get a lawyer?

You can find a lawyer by contacting:

Aboriginal Legal Service: telephone 1800 733 233 or see www.alsnswact.org.au
Legal Aid NSW: telephone 1800 551 589 or see www.legalaid.nsw.gov.au
LawAccess NSW: telephone 1300 888 529 or see www.lawaccess.nsw.gov.au

A print copy of this brochure may be ordered online.