“So, my understanding now is that you’re only really supposed to have two, maximum three, workers come: one to write notes and the other to whatever… there was five of them… DCJ workers, the response team. Yeah, it was really bad, it was only me by myself, and they would stand as well, they wouldn’t sit at my table.”
– Parent, Bring Them Home, Keep Them Home research
– Parent, BTHKTH research
There is usually a first visit to your house, which could be a check-in or a safety assessment. Either way, DCJ will always be assessing you when they are with you. DCJ say that in most cases, they will try to ring you before they visit your home (Guide for Families, p.12). If they are being fair and transparent, they should be organising a time with you to do the safety assessment instead of just showing up. They can also talk to your children, doctors, hospitals, police, teachers or other relatives before they talk to you.
At this home visit, DCJ will most likely want to see your child. This is often distressing for Aboriginal children.
DCJ can’t be overly intrusive: They are required to plan for the most effective and respectful approach during assessments (Standard 6.3, DCJ Practice Framework Standards), but this is not the experience of other Aboriginal parents. One parent said “Some things that they were doing, they were going through my cupboards, going through my clothes, going through my drawers, fully rummaging through things. I didn’t know they weren’t allowed to do that, I thought they were allowed to do that.” DCJ’s Interim Approach to Assessing Risk manual 2024* says “children and their families should not experience intrusive assessment beyond reported or identified child protection concerns” (page 1). This means DCJ should only be focusing on what has been reported or what DCJ says are ‘identified risks’, not just things they would like you to change.
*DCJ document not publicly available
DCJ should be honest: DCJ is required to be transparent and honest at home visits (Standard 8, DCJ Practice Standards Framework). Record or write down what they told you. Ask them any questions you have, to make sure you understand the process. One mum has said “I got told the whole case – like before they got removed – that there was no plans to remove the kids. But I had already looked up DoCS procedures and what they were doing was the procedures that you do if you’re going to remove children. Like getting all the family members involved” (Parent, Bring them home, keep them home research).
DCJ should do a cultural consultation: You have a right to ask the caseworker if they have done a cultural consultation, so they can better understand your cultural experiences and needs (DCJ Guide for Families, p.12). Ask them if they did a cultural consultation before meeting with you.
DCJ is expected to apply ‘active efforts’ in using its powers, which includes working in partnership with you (Section 9A of the Children and Young Persons (Care and Protection) Act 1998). If your caseworker has not followed the relevant laws and policies (Practice Framework Standards & Children and Young Persons (Care and Protection) Act 1998), document this and talk to their Casework Manager and to your lawyer. You can ask for a different caseworker if you are being mistreated. If the Casework Manager does not respond appropriately, you can contact the Executive District Director, and lodge a complaint through DCJ Complaints and Feedback, or the NSW Ombudsman. You can also lodge a Ministerial complaint through your local Member of Parliament (MP), the Minister for Aboriginal Affairs, the Minister for Families and Communities (currently Kate Washington) and the Shadow Minister for Families and Communities. See ‘Where do I go to put in a complaint?’ to know more.
If DCJ turns up to your house, you can quickly ask your support worker, advocate or family/friend to come to your house or call them, and have them on speaker phone. This is so you have support, but they can also be a witness to what DCJ asks you and what happens at the visit.
Their casefile notes may end up in court, if the Court asks for them. This can be unhelpful or helpful for you, depending on the situation and what is written. You can ask your DCJ caseworker to read what they have written or to take a photo of it, to check if they have recorded things accurately. If they haven’t recorded things accurately, you can ask them to change this and make a note in your own records of what you asked them to change and why, and if they agreed or refused. You will then be sent the documents and can compare the photos of the original documents to what you have been sent. DCJ do not have to let you see the notes in-person or take a photo of them, but they are required to send you a copy of assessments, case plans and safety plans after the visit or meeting (Standard 4.2 of the DCJ Practice Framework Standards). If you record your conversations with DCJ without their permission, you are breaking the law (section 7 of the Surveillance Devices Act 2007 NSW).
Everything you do, say, and even the way you look can be used against you by DCJ and end up in a Court document. It’s the experience of other Aboriginal parents that DCJ can judge you if you show aggression or anger, even sadness, but they can also judge you if you show no emotion at all.
If you are worried about how you were treated by DCJ, there are complaint processes outlined in our guide ‘Key contacts when involved with child protection’. You can also:
DCJ’s assessments and plans should only be based upon what has been reported or risks they say they have identified. DCJ caseworkers are expected to use a Dignity Driven Practice approach. This means always treating you with respect, being kind and fair, and making sure you have a say in decisions. Caseworkers are required to give families copies of their assessments, case plans, and safety plans (Standard 4.2 of the DCJ Practice Framework Standards). Anything that is written about your family must be a “fair, accurate and balanced perspective” (Standard 4.3 of the DCJ Practice Framework Standards). If violence is mentioned, it should be described clearly, with responsibility given to the person who used it (Standard 4.3 of the DCJ Practice Framework Standards). The context (background story) of any actions or words by you or your child should also be included. DCJ should provide support and interventions that are relevant, sustainable, and culturally appropriate. They should understand how culture influences your parenting. Standard 4 of the DCJ Practice Framework Standards requires there to be evidence in assessments that “context was given when recording what the child or family said or did.” DCJ needs to ask your child about “how connected they feel and who they want to be connected to” and evidence of them considering this needs to be in their assessments. Standard 6 of the DCJ Practice Framework Standards says DCJ need to have “spoken with the child and family directly about the assessment outcomes and what this means for them” and that “the family’s support network was drawn-on throughout the assessment process”.
‘Active efforts’ need to be made by DCJ to prevent an Aboriginal child from going into out-of-home-care (OOHC). ‘Active efforts’ means actions taken by DCJ to support you, that are quick enough, practical, ongoing, culturally appropriate, and in partnership with your family and community (Section 9A of the Children and Young Persons (Care and Protection) Act 1998). DCJ are required to give you the brochure called: ‘Is DCJ talking to you about your kids?’ and ask if you want to be referred to ALS or Legal Aid services (called LAFPA).
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.
