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FIN began in Townsville in Queensland (FINTV) and now has a presence in Western Australia (FINWA), Victoria (FINVIC) and New South Wales (FIN-NSW). The national body is FINAustralia (FINA). The intention is for all states and territories to have an active FIN branch.
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\n\nFIN-NSW is not connected in any way to the NSW Department of Family and Community Services, Community Services division.
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\n\nNote
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\n\nAmendments to the NSW Children and Young Persons (Care and Protection) Act 1998 were passed in 2018.
\n\nThere are changes to section 90 variation of care orders, and provision for long-term contact orders when guardianship orders are made. The Children's Court will be able to make short term orders to allow parents time to deal with their issues so that restoration can be attempted.There is also a provision for family group conferences prior to removal of children from parents.
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The changes do not commence until the end of January 2019.
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We need to fully examine the changes before adding further detail.
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\n\nImportant – Adoption from care
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\n\nIt is easier for children to be adopted from care even if parents withhold consent. Significant sections of the Act are presented below.
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\n\nSection 10A (3) (c) reads,
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\n\nif it is not practicable or in the interests of a child or young person to be placed in accordance with paragraph (a) or (b), the next preference is (except in the case of an Aboriginal or Torres Strait Islander child or young person) for the child to be adopted.
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\n\nSection 10A (a), (b) and (d) relate to the placement priority, which are,
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\n\n(a) restoration to parents or placement with kin,
\n\n(b) permanent guardianship,
\n\n(d) departmental foster care.
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\n\nAdoption now has priority over departmental foster care which where ever possible will now be short-term.
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\n\nSection 84 (5) reads,
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\n\nThe Children’s Court is to decide whether to accept the Director-General’s assessment of whether or not there is a realistic possibility of restoration:
\n\n(a) in the case of a child who is less than 2 years of age on the date the Children”s Court makes an interim order allocating parental responsibility for the child or young person to a person other than a parent – within 6 months after the Children’s Court makes the interim order, and
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\n\nSection 84 (5) (b) reads,
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\n\n(b) in the case of a child or young person who is 2 or more years of age on the date the Children’s Court makes an interim order allocating parental responsibility for a child or young person to a person other than a parent – within 12 months after a Children’s Court makes the interim order.
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See revised advice leaflet number 10 with names of solicitors and barristers who do not act for Community Services.
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\n\nIf you ring our advice line telephone number (0405 019 450) (M) (see services) and the call is not answered please leave a name and contact number and we will return your call.
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\n\nThe advice line operates 9 am to 5 pm Monday to Friday only. It does not operate on public holidays.
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\n\nRevised 27 January 2019.
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\n\nThe aim of FIN-NSW is to give parent and families of ‘children in care’ a voice. These parents should not be characterized as ‘dead beat parents’ as many are not. Birth parents and families have a useful ongoing contribution to make to the lives of their children and to the debate about how to protect children’s well-being. FIN promotes best practice in child protection and works from the belief that birth families are important to children’s well-being. In keeping with this view FIN aims to promote family inclusive child protection practice.
\n\nThe FIN-NSW ethical code of practice for child protection aims at transparency in child protection cases. The code of practice protects child protection caseworkers from allegations of unfairness and deception, stops parents from being able to claim that they were not properly informed about the stages in the child protection process and ‘the best interests of the child’ for whom socially just practice, if they are removed from parental care is vital, are safeguarded by this code.
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A child protection code of ethical practice
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\n\nPreamble:
\n\nThis code of ethical practice observes the United Nations Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child.
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\n\nThe singular term ‘child’ is used throughout the code of ethics. It can refer to more than one child.
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\n\nThe paramount concern at all times is to protect and respect vulnerable people with due regard to cultural practices and sensitivity.
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\n\nHuman rights
\n\nA child protection caseworker will at all times respect the rights and dignity of parents.
\n\tThis respect will be maintained by the child protection caseworker regardless of any suspicion or reports they have that suggest that the parents have abused or neglected their child.
\n\tIn the course of an investigation a child protection caseworker will never address a parent dismissively or sarcastically.
\n\tA child protection caseworker will not raise their voice to a parent or threaten a parent emotionally or physically in any way that might frighten or humiliate them.
\n\tA child protection caseworker who intends to meet with another agency (i.e. pre-natal clinic) about the need for a child to be removed from parental care must inform, and invite the parent to all such meetings. There will be no secret meetings.
\n\tShould an inter-agency meeting decide that a child should be removed at birth from a mother and that an ‘alert’ notice to this effect should be placed on the mother’s medical file then the child protection caseworker must inform the mother about this action. At the same time the child protection caseworker must tell the mother that she has a right to inspect her medical file. Note: An ‘alert’ notice is a notice that tells medical staff that they must inform the child protection authority once a mother gives birth. This then enables a child protection caseworker to attend the medical centre and remove the child from a mother’s care.
\n\tIf an ‘alert’ notice is placed on a mother’s medical file hospital staff must be free to discuss this matter with the unborn child’s parents.
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Legal rights
\n\nAt the first contact with parents a child protection caseworker will inform the parents of their right to legal representation.
\n\tThe child protection caseworker will provide parents with a written statement as to their legal rights.
\n\tPrior to questioning parents a child protection caseworker must inform parents of their right to have a support person with them throughout the investigative process.
\n\tUntil the issue of legal representation and the presence of a support person have been resolved the child protection caseworker will not proceed with the investigation.
\n\tShould the issue of legal representation and support for parents remain unresolved after ‘in good faith’ negotiations the child protection caseworker may exercise the power given to them by legislation and proceed with the investigation albeit in the presence of a support person.
\n\tA child protection caseworker will not take photographs of a parents’ dwelling unless they have specific permission from the parents and the parents legal representative.
\n\tShould the issue of legal representation and support for parents in regard to photographing a parents’ dwelling remain unresolved after ‘in good faith’ negotiations then the child protection caseworker may exercise the power given to them by legislation and proceed with the photographing of the dwelling albeit in the presence of a support person.
\n\tThe child protection caseworker will within 24 hours provide parents with a copy of any photographs they have taken,
\n\tIn order to ensure transparency in the child protection process a child protection worker will provide parents with a copy of any notes she/he made, and those of an accompanying worker, within 36 hours of the investigation being undertaken.
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Parent-child contact visits
\n\nIf a child is removed from parental care the child protection caseworker will immediately tell the parents when and where they can next have contact with their child and for how long. This information must be provided in written form.
\n\tWhen supervising a contact visit between a child and his/her parents a child protection caseworker will make certain that the place where the contact is to occur will be a comfortable child and family friendly setting.
\n\tA child protection caseworker will not threaten a parent with termination of contact with their child before a meeting has been called to resolve any contact visit issues that are causing concerns about the continuation of contact. The parent will be entitled to have a legal representative and a support person at any such meeting.
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\n\nRestoration or reunification
\n\nWithin 48 hours of the removal of a child from parental care, and before any court action has been initiated, the child protection caseworker will provide the parents with a detailed list of the issues that caused the child to be removed and indicate in detail what actions the parents must take for restoration of their child to their care to be a realistic possibility.
\n\tOnce the child protection caseworker has provided a list of the required actions no variation or additions to the list of actions will be made by the caseworker, or any other person.
\n\tIf a baby or very young child is removed from parental care and an order is sought that gives the Minister parental responsibility for the child until the age of 18 years, the FaCS (formerly DoCS) adoption option must be openly discussed with the parents before a Care Plan is filed in the Children’s Court
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Court processes
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Preamble:
\n\nA child protection caseworker, like an expert witness, has an overriding duty to assist the Court impartially on matters relevant to the case that is being heard.
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\n\nA child protection caseworker will never submit to the Children’s Court papers that contain rumour or innuendo about a child parents. Only substantiated facts are to be presented in Court.
\n\tWhen submitting material to the Children’s Court a child protection caseworker will make certain that the material is verifiable and is neither inaccurate nor misleading.
\n\tA child protection caseworker will not make a statement in materials submitted to the Children’s Court about the parents medical condition unless they have evidence from an accredited medical expert that confirm this condition.
\n\tA child protection caseworker will not make statements in material submitted to the Children’s Court about the parents psychological state unless they have evidence from an accredited psychological expert that this is an issue.
\n\tThroughout the child protection process and after final orders have been made a child protection caseworker will remain courteous and respond in reasonable time to a parents telephone calls and other enquirles about their child.
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In some jurisdictions the rights of parents are being codified. This is not so in Australia. This code from the US is offered to encourage thinking about parental rights.
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\n\nI have the right to not to lose my child because I am poor.
\n\tI have the right to services that will support me to raise my child at home.
\n\ti have the right to speak for myself and be heard at every step of the child protective services process.
\n\tI have the right to be informed of my rights.
\n\tI have the right to a meaningful and fair hearing before my parental rights are limited in any way.
\n\tI have the right to quality legal representation.
\n\tI have the right to support from someone who has been in my shoes.
\n\tI have the right to have my child quickly placed with someone I trust.
\n\ti have the right to frequent, meaningful contact with my child.
\n\tI have the right to make decisions about my child’s life in care.
\n\tI have the right to privacy.
\n\tI have the right to fair treatment regardless of my race, culture, gender or religion.
\n\tI have the right to services that will support me to reunifying me with my child.
\n\tI have the right to offer my child a lifelong relationship.
\n\tI have the right to meaningful participation in developing the child welfare policies and practices that affect my family and community.
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\n\nFrom Tobis D. (2013). From pariahs to partners. New York: Oxford University Press. p 146-147.
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