‘Permanency options’ means there are different placement options for children, with a focus on physical stability.Adoption is listed as the last option for Aboriginal children. This means that the suitability of preservation, restoration, guardianship, and long term Out of Home Care should all have been considered before adoption is. This is set out in the permanent placement principles in section 10A(3) of the Care Act.
After a care application is made and a Care Plan is being prepared, DCJ is required to consider what placement types they are thinking about, and adoption is one of them. If the care plan for your child says that the caseworkers have discussed adoption with the carers, or that the carers have asked about adoption, you should immediately alert your lawyer to your concerns about adoption as a possible option in the future. Adoption proceedings are filed in a different Court, so the process won’t start straight away in the Childre’s Court. They cannot make an adoption order, but they can approve a Care Plan that has a plan for adoption in it.
The NSW Child, Family and Community Peak Aboriginal Corporation (AbSec) is against adoption for Aboriginal children, because they question how adoption protects the rights of Aboriginal children and their ability to grow up and be connected to their family, culture, and Country. This is because there are no built-in ways to know if a child is happy, safe, or connected to their culture and Aboriginal family, because services like DCJ and child and family support services are not involved anymore.
The self- determination of Aboriginal people is outlined in section 11 of the Care Act, which states that “Aboriginal and Torres Strait Islander people are to participate in the care and protection of their children and young persons with as much self-determination as is possible.” The Adoption Act 2000 (NSW) (Adoption Act) says that if an adoption order is made parents have a right to be involved in decision making about how their child should stay connected to their family and culture. Adoption is the last placement preference if your child is Aboriginal or Torres Strait Islander. This means that all other options must have been assessed before adoption can be considered. The Secretary of DCJ must give their formal approval of any open adoption of Aboriginal children.
Parents have a right to be involved in decision making about whether their child is adopted. The laws about adoption for Aboriginal children (section 33, section 34 and section 35 of the Adoption Act) says that DCJ (the Secretary) must make sure that consultation happens with Aboriginal people who have been formally approved to give advice about adoption include someone chosen by the parents, extended family or kinship group that is recognised by the Aboriginal community they belong to (section 33 of the Adoption Act). The government needs to make sure the decision of where your child is placed is made with a local, community-based and relevant Aboriginal organisation (section 34(2) of the Adoption Act).When the decision on adoption is being made, they have to think about your child’s culture, any disability, language and religion. They need to make sure as much as possible that your child keeps their given name, identity, language and cultural and religious ties (section 32(1) of the Adoption Act). They have to look at certain things, including whether the prospective adoptive parent can help your child develop a healthy and positive cultural identity, including whether they know or will learn about and teach your child about their culture and their ability to help your child if they experience racism or discrimination in school or community (section 32(2) of the Adoption Act).
The government has to find out if a child put up for adoption is Aboriginal or Torres Strait Islander (section 34(1) and section 37(1) Adoption Act). If they are, the placement principles have to be followed, which says adoption is the last option (section 34(2) and section 38(2) of the Adoption Act).The Adoption Act says that “Aboriginal people should be given the opportunity to participate with as much self-determination as possible in decisions relating to the placement for adoption of Aboriginal children” (section 35(1) of the Adoption Act).
There is an adoption caseworker that is assigned to the case if it has been identified as a potential option as a final order.
They will also talk to DCJ or Accredited Adoption Service Provider (AASP) and your agency. Those involved in the mediation will be the parent, the parent’s support person/ advocate, the carer, and PSP service provider.
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.
