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Cultural Support Planning with Aboriginal Children and Young People Legal Aid NSW Care and Protection Conference – 22 August 2014 Wendy Hermeston, Senior.

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Presentation on theme: "Cultural Support Planning with Aboriginal Children and Young People Legal Aid NSW Care and Protection Conference – 22 August 2014 Wendy Hermeston, Senior."— Presentation transcript:

1 Cultural Support Planning with Aboriginal Children and Young People Legal Aid NSW Care and Protection Conference – 22 August 2014 Wendy Hermeston, Senior Policy Officer, AbSec

2 Cultural Support Planning Links between past history (Stolen Generations) and current over-representation of Aboriginal and Torres Strait Islander children and young people In the best interests of the child? Cultural identity and its importance to Aboriginal children and young people in care Cultural Support Planning explained - in minutes! Your role as solicitors – where and when to pounce

3 Most of us girls were thinking white in the head but were feeling black inside. We weren’t black or white. We were a very lonely, lost and sad displaced group of people... We didn’t know anything about our culture. We were… brainwashed to think only like a white person. When they went to mix in white society, they found they were not accepted, [as] they were Aboriginal. When they went and mixed with Aborigines, some found they couldn’t identify with them either, because they had too much white ways in them. So that they were neither black nor white. They were simply a lost generation of children. I know. I was one of them.” HREOC. Bringing them home. Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. Canberra: AGPS

4 Children and young people’s rights and our obligations: UN Convention on the Rights of the Child (CROC), 1990 – Articles 8, 9, 20 and 30 UN Declaration on the Rights of Indigenous Peoples, 2007 s13 Aboriginal Child Placement Principles (next slide) s78A Permanency Planning (3) A permanency plan for an Aboriginal or Torres Strait Islander child or young person must address how the plan has complied with the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles in section 13

5 (6) If a child /young person to whom subsection (4) applies: (a) is placed with a person who is not within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child/ young person has the opportunity for continuing contact with his or her Aboriginal or Torres Strait Islander family, community and culture, or (b) is placed with a person who is within an Aboriginal or Torres Strait Islander family or community, arrangements must be made to ensure that the child or young person has the opportunity for continuing contact with his or her non-Aboriginal and Torres Strait Islander family, community and culture. s13 Aboriginal and Torres Strait Islander Child and Young Person Placement Principles

6 Cultural Support Focus on our children’s right to culture Protective and a source of resilience and wellbeing – culture as indivisible from an Aboriginal child’s best interests Child viewed in the context of the whole family and the whole community – not separate Day to day – embedded Enables connections, helps Aboriginal children/young people feel a part of their culture and not a stranger to it, to know their own identity, where they fit, where they belong Spending time with mob through contact  specialist identity counselling

7 Cultural Support planning template Child or young person’s cultural identity, kinship groups, community of belonging, language, totem, thoughts on what’s important in their cultural development Child or young person’s parents, siblings Extended family, kin or community people with a role in supporting child or young person Participation in cultural activities, events and programs are experiences, classes, sessions or other measures that allow Aboriginal and/or Torres Strait Islander children or young people to actively participate in, be immersed in and grow up with, their own culture Aboriginal organisations or services with a role in supporting child’s cultural and other needs Consultation – who was consulted, relevance to child, how they were consulted and by whom, what their views were

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9 The role of solicitors – short term gain for long term gain Care plan filed Final Orders Ask for s82 re cultural support for Aboriginal kids!! s82 Affidavit ADR Cultural support inadequate ?

10 Cultural Support Resources

11 Cultural Support Resources AbSec CONSULTATION Guide

12 Thank You The Children’s Court of NSW Aboriginal Legal Service (NSW/ACT) Ltd FaCS’ Aboriginal Services Branch and Legal Branch AbSec colleagues – staff and Aboriginal OOHC agencies Further details available at: ORwww.absec.org.au Consultation%20Guide.pdf Contact Wendy:

13 Cultural Support Resources AbSec: Victorian Aboriginal Child Care Agency: Queensland Aboriginal and Torres Strait Islander Child Protection Peak: Secretariat of National Aboriginal Islander Child Care: AIATSIS: Australian Institute of Aboriginal and Torres Straight Islander Studies: (‘Little Red Yellow and Black Book’)www.aiatsis.gov.au UNICEF – CROC Factsheet: Health Info Net – Resources pages: Bamblett and Lewis (2007). Detoxifying the Child and Family Welfare System for Australian Indigenous Peoples: Self-determination, Rights and Culture as the Critical Tools; First Peoples Child and Family Review, p49


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