Queensland reforms may criminalise children in care, legal experts warn
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Version 0 of 1. Queensland’s legal community has warned the state government it could be criminalising children in care in a child protection overhaul that has otherwise been largely welcomed. The state’s child safety minister, Tracy Davis, has announced the government will implement 115 recommendations of the Carmody Inquiry into Child Protection including supporting the adoption of children, particularly those younger than three-years-old in long-term care. Another six recommendations have been accepted in principle. The inquiry recommended the institutionalising of children who present a significant harm to themselves or others and “therapeutic” care for children whose families are under stress but Queensland Law Society president Annette Bradfield said the government had to be careful about institutionalising children for behavioural problems. “If a child throws a tantrum and breaks a cup or a glass that could be enough to trigger an order,” she said. “We want to ensure we’re not criminalising children in care. We have suggested a thorough review of current legislation so any gaps can be closed before implementing that recommendation.” Bradfield said it was also important to the law society that police officers and people working with children received proper training to manage children with behavioural problems. “In my opinion, the symbiotic link between supporting families and having fewer children in the system is irrefutable and has been ignored or underestimated by government for too long,” Queensland’s chief magistrate, Tim Carmody, said in the final report from the inquiry into child protection. “I am also firmly of the view that better rehabilitative and therapeutic family support for parents under stress – especially in Aboriginal and Torres Strait Islander communities plagued with chronic neglect – is the key to stronger Queensland families and safer children.” Bradfield said the law society had embraced many of the recommendations and had been advocating for them for years such as appointing more children’s court magistrates and reviewing the laws around what the department of communities and child safety have to disclose in court case involving children. She said at the moment lawyers and families could go into court with no idea what documents or arguments the department was going to make. “At the moment lawyers have to submit subpoenas to get the information and it is very costly and very cumbersome,” Bradfield said. “[Reviewing disclosure obligations] means an early resolution is more likely, it is less costly for both parties and it is fairer.” Bradfield praised the government for their “very detailed and very thorough” process and said the key to it had been the consultation process. Other recommendations which will be implemented are increasing the use of boarding school as an education option for children in care, developing a program of post-care support until at least the age of 21 for children in care and ending the mandatory reporting of domestic violence incidents in homes where children are present, because it's putting too much pressure on the system. All long-term guardianship orders which have been in place for six months will be reviewed and there will be an emphasis on supporting indigenous families. The department will develop a pilot project to trial an Aboriginal family decision-making model and will place a greater importance on kinship care if a child has to be removed from a family. There will be cultural support plans for Aboriginal and Torres Strait Islander children and it will be a requirement that they have regular contact with at least one person who shares their cultural background. The chief executive officer of Queensland Council of Social Service, Mark Henley, supported the government’s announcement and said implementation of the recommendations would be an important process. “We’re very interested to see how they invest in early intervention and prevention because it is something we have been talking about for years,” he said. “No set figure has been put forward for it.” The Queensland government will also work with universities to develop a bachelor degree in child protection studies and a masters qualification in child protection. There will be a review of how much money Aboriginal and Torres Strait Islander kinship and foster carers receive and if it should be increased. The government will also take into account the safety of women and children when determining whether to implement or withdraw alcohol management plans in some indigenous communities. Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |