“I’ve got heaps of services that I’ve been involved with this whole time since before my recovery and I think that’s helped a lot too because back then when my kids were taken, I had no one, and they took full advantage of the fact that I didn’t have support. I didn’t have a case worker, I didn’t have family up there, all my family was down here. Yeah, it’s very different this time around, but it’s like everything’s sort of starting to pick up.”
– Parent, Bring Them Home, Keep Them Home research
– Parent, BTHKTH research
“I got really close to some of the workers at [service]… even the receptionist was on my side and everything and then the place that I was living at, was a big support. My worker at the time even went to Court with me and then…my lawyer and even the foster carers were supporting as much as they could… they could tell that I was getting definitely back on my feet and everything.”
– Parent, Bring Them Home, Keep Them Home research
If DCJ decides to intervene with your family, it is the experience of parents that DCJ focus on collecting evidence so they can build a case against you. DCJ utilise the DCJ caseworker, their manager, a lawyer, mandatory reporters, the Courts, and government power to do this. This is why the most important thing you can do is to build your own support team and collect your own evidence to make your own case, to go up against theirs. This could include your family, friends, community members, lawyer, advocate or support person, Aboriginal Community Controlled Mechanism (ACCM) and Aboriginal Community Controlled Organisations (ACCO’s) or other support services. The sooner you get a team together who you trust to have your back, the better.
Find a lawyer, advocate, support service, Aboriginal Community Controlled Mechanism, and community members, friends, or family that can be part of your support team.
“I got really close to some of the workers at [service]… even the receptionist was on my side and everything and then the place that I was living at, was a big support. My worker at the time even went to Court with me and then…my lawyer and even the foster carers were supporting as much as they could… they could tell that I was getting definitely back on my feet and everything.”
– Parent, Bring Them Home, Keep Them Home research
Aboriginal parents have said that having a good support team made the biggest difference for them when dealing with the child protection system and making sure your child stays with family. Your support team can be people who understand you and will support you in ways that work for you.
Sometimes DCJ can use the way support people respond against families, such as saying something like ‘your mum (your child’s nan) does not agree with the department so we can’t consider her as a person who could care for your children.’
Your caseworker should support you. If it feels like your caseworker is only acting against your family, and you are trying to work with them, then you can ask for a new case worker.
Identify people who are safe and unsafe to talk openly to. All workers funded to work with children are mandatory reports which means they have to tell DCJ if they think what is happening is something they have to report under the law. You will need to be very careful of how you engage with mandatory reporters, especially in the school and medical environments. They should tell you if they are a mandatory reporter and it is best if they do the report with you so that you can say what is going on.
“You’ve got to have good supports around you…people that you trust. People that they’re going to be – tell you – not cave in…don’t have people that will just say, oh well, life’s life and stuff like that. You need someone that’s actually going to sit there and support you, not pretend to support you.”
– Parent, Bring Them Home, Keep Them Home research
Advocacy is something that is done. It is not a particular job. It could be a worker or someone in your community. Advocates and support people can help you in meetings and home visits with DCJ, going to the police station, going to hospital, when going to Court, or talking on the phone with someone. They can help you say what you need, explain what is going on and make you feel less alone or scared. They can be witnesses to what is said and decided upon, take notes and support you to make decisions. They can also do things outside of meetings like write support letters, reports, send emails to encourage workers to support you. Some advocates can attend meetings as part of their roles (like case workers) and some cannot do that in their role (like some private counsellors).
It is important that your advocate listens to you and understands what you are worried about. They should respect your decisions, communicate to others your hopes and wishes, not say anything that goes against your evidence or argument, make you feel more supported and safer, and ideally understand the child protection system. If they tell you to just do what DCJ says then you might want to think about if they are the right advocate for you.
Run by the Aboriginal Legal Service, ACFAS is a pilot program that supports Aboriginal families in Dubbo and Moree that might have their children removed by DCJ. They have family advocates as well as lawyers to provide holistic support.
The Aboriginal staff who pick up the AbSec Carer Support Line are there to support Aboriginal carers, families, and communities. They do this through providing advice, assistance, and referring you to other Aboriginal organisations and support services. It covers all of NSW.
FISH has advocates called peer workers, who have their own experiences of child protection and out-of-home (OOHC) systems. They have had children restored to their care. They care a lot about the experiences of other parents and family members. They cover the area of Newcastle and the Hunter region.
Grandmothers Against Removal NSW
GMAR is a grassroots advocacy group led by Aboriginal grandmothers. They link families with services, provide advice for grandmothers, and support families who are dealing with DCJ, government advocacy and protesting. Services are free. The cover the area of Sydney and Lismore.
Binaal Billa Family Violence Prevention Legal Service
A legal service that can do in-house case management support for family, domestic violence and sexual assault victims, and also give you free legal assistance. Aboriginal people or non-Aboriginal people with Aboriginal children can use the service. The case does not need to be in court yet for the family to be eligible for free legal advice and advocacy services. It is free and not means tested. They provide outreach services.
A service that gives legal advice when there is a child protection matter and family violence is involved. You can access the service even if your case is not in court yet. Services are available to Aboriginal people and non-Aboriginal people with Aboriginal children. It is free and not means-tested. They provide outreach services.
“I’ve got my license now because [support service] said if you get your license back and you get a car it will help you… I had to stand in front of the judge by myself and I ask for my license back and everything. So, I done all that by myself just so I could help go and see my daughter.”
– Parent, Bring Them Home, Keep Them Home research
There are two different types of child and family support services: Aboriginal Community-Controlled Organisations (ACCOs) and Non-Government Organisations (NGOs). ACCO’s are Aboriginal community-led organisations that have culturally safe services created for mob and are accountable to the communities they work in. It’s important for you to have choice in the support you want or need.
Additional support services like mental health and wellbeing services, drug and alcohol services, and domestic and family violence services can also be helpful supports. Some ACCOs are a ‘one stop shop’ and offer a range of these services under one roof.
Depending on the service you want to use, you might need a referral from DCJ but ask the service to make sure. There are some services you can access through a ‘community referral pathway’, where you can access support services without a referral from DCJ. This will usually mean you have to speak with their intake worker.
“I’d been actively engaged with [service]… they pretty much covered everything that the jail needed me to do, like doctor’s appointments…transport, they could do everything that I would otherwise have to get approved, it was all already there.”
– Parent, Bring Them Home, Keep Them Home research
If you are actively involved with support services, DCJ will see that you have access to formal supports, which could address some of their concerns about your family. However, DCJ’s expectations of you should always be directly linked to concerns about your child’s safety and wellbeing.
Try to find someone who helps to take back some power, like a support person from an ACCO to advocate with you. Having a witness will help stop caseworkers acting badly and walking over you. A parent has said:
“…Their tone’s changed now, that I have [worker from ACCO] and that involved, they’re very focused on cultural needs and now they want to do restoration…It’s almost like they’re intimidated because I actually have someone by my side who knows what they’re talking about and knows they can’t push me around anymore sort of thing. It’s done a full 180.”
– Parent, Bring Them Home, Keep Them Home research
[DCJ worker] called me an average parent, and then tried denying it to [ACCO]. Then admitted it and said, I just use it as a figure of speech for certain parents. Then [ACCO worker] turned around and said, you can’t say that to her
– Parent, Bring Them Home, Keep Them Home research
Aboriginal Community-Controlled Mechanisms are a group of a local Aboriginal community members, focused on overseeing and keeping the children in their community safe and connected. It’s up to the ACCM if they will take on individual cases because each ACCM is different and provides different supports. Some ACCMs will operate on their own, and some will be attached to organisations such as an ACCO.
ACCMs are one part of the Aboriginal Case Management Policy, a policy that all DCJ workers are required to follow. AbSec is currently in the process of setting up ACCMs across NSW, so your local community might not have a formal group yet. If this is the case, ask around for people in your community that could advocate for you.
A community led group, made up of local Aboriginal community members that aims to support Aboriginal families within Newcastle and Hunter to identify and prevent any potential child protection risks to children and youth.
Aiming to reduce the number of Aboriginal children in Illawarra being removed from family, share information and education to increase family-led decision making and increase the number of Aboriginal children staying with family, in community, and on country.
The Grannies have become a key voice in local decision-making, partnering with the AbSec Strong Families, Our Way project and helping shape the Dubbo ACCM. Their lived experience and cultural knowledge guide how services and systems can better support Aboriginal families.
One Mob Connection, Wagga Wagga
Chair – Maxine Little, 0401 641 649
Albury Wodonga Aboriginal Families & Children Network
Contact person -Summer Matthews
To learn more about Aboriginal Community-Controlled Mechanisms, contact AbSec about their Strong Families, Our Way project.
Other support services: Other support services that are not specifically for children and families, such as domestic and family violence services, drug & alcohol services, healing & mental health services, or housing services could also be helpful for you. One dad has said:
“I’d been actively engaged with [service]… they pretty much covered everything that the jail needed me to do, like doctor’s appointments…transport, they could do everything that I would otherwise have to get approved, it was all already there.”
– Parent, Bring Them Home, Keep Them Home research
Your caseworker should support you. If you feel like your caseworker is only acting against your family, and you are trying to work with them, then you can try to get a new caseworker. You have the right to work with an Aboriginal caseworker. If you don’t already have one, you can request one. DCJ might say that this depends on if an Aboriginal caseworker is available in your area, or at the time you need one. If they refuse, seek an advocate and keep asking for one to work with you. Bad outcomes come from bad caseworkers, good outcomes come from good caseworkers. And they do exist.
Other parents have said it is worth the time and effort to push for this as much as you can because if you are successful, they can turn out to be a big support. Don’t settle for less.
DCJ should be making ‘active efforts’ to support you, which often includes linking you up with services that genuinely help you. They should know what service to refer you to, but if they don’t or you already know about one you want to go to, DCJ can help you out if there is a waitlist for that service. The Secretary (head of DCJ) can ask a government or funded non-government agency to give priority help or services to a child or young person at serious risk, and to their family (section 17 of the Care Act).
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.
