DCJ or the OOHC agency are legally required to tell you information about your child’s placement (section 149C of the Care Act) unless they think there would be a danger to your child, other family members, or the carers for you to know this information (section 149I of the Care Act). They must write to you to tell you what level of information you will get. You do have a right to know if your child is placed on Country and how the placement complies with the Aboriginal and Torres Strait Islander Child Placement Principles, Section 13 of the Care Act.
DCJ says that “the caseworker will make a time for your child to see and hear from you. The caseworker must also give you updates about your child. The caseworker will let you know how your child is going when they are in care” (Guide for Families, 2024). It is the experience of Aboriginal parents that this does not always happen. A caseworker cannot say that they have met this requirement simply by providing updates in documents that they file with the Court. The flow of information should not be dependent on filing dates and Court requirements.
What if my child is in foster care? The carer has a right for their identity and details to be anonymous. DCJ have to tell you if your child is placed somewhere far away, because you are entitled to visit your child (called ‘family time’) and you need to be told if you have to travel for the visits or the distance impacts the frequency of your family time together. Other parents have said if you are able to build a positive relationship with the foster carer who is supportive of your relationship with your child, this helps with family time and the free flow of information about your child, which increases chances of a successful restoration.
Your right to information: The agency that has case management for your child (could be DCJ, an NGO, or ACCO) “must inform the parents of the child or young person as to the progress and development of the child or young person” (section 163 of the Care Act). This includes important medical and developmental updates. You should be informed of the need for specialist appointments, and admission of your child into hospital in an emergency.
The carer has a right for their identity and details to be anonymous. DCJ have to tell you if your child is placed somewhere far away, because you are entitled to visit your child (called ‘family time’) and you need to be told if you have to travel for the visits or the distance impacts the frequency of your family time together. Other parents have said if you are able to build a positive relationship with the foster carer who is supportive of your relationship with your child, this helps with family time and the free flow of information about your child, which increases chances of a successful restoration.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
