My child has been removed

Support and knowledge if your child has been removed by the NSW Department of Communities and Justice.

Support and knowledge if your child has been removed by the NSW Department of Communities and Justice.

(DCJ, once DoCS or FACS).

All information has been informed by the Bring Them Home, Keep Them Home (BTHKTH) research, which centers the voices and experiences of Aboriginal parents and families navigating the NSW child protection system. The families have given us permission to share their experiences.

Learn what happens next

This information covers what you can do if your child is removed, the children’s court process, the assessments and plans that should be done after removal, different types of placements, and the perspectives that influence the way the system makes decisions.

How did my child get removed?

When the NSW Department of Communities and Justice remove children and young people from their families, they have to prove to the court that there are risks to safety and wellbeing.

The critical 72 hours after removal

A court mention at the Children’s Court of New South Wales occurs within 72 hours of a child being removed, deciding who has legal responsibility for your child (in the short term) while the court process happens.

Looking after yourself and staying connected

As Aboriginal people we know and understand the connection we have with our children and what this means to us, but this continues to be questioned by white systems.

My child has been removed – where are they?

DCJ or the out-of-home care agency are legally required to tell you some information about your child’s placement unless they think there would be a danger to your child.

Advocate for your child to be with family

Advocating on this way is important, as it could make it easier for your child to come home to you if they are placed with family.

What is an assessment order?

An assessment order is when the court orders for a parent or young person to have an independent assessment done on them, to help with making decisions in court.

What do the legal words mean?

The law is not designed for everyone to be able to understand. DCJ have a team of lawyers, meaning parents automatically have less power when they first meet. Find a lawyer to represent you as soon as possible.

Advocate for family time arrangements

To get your child home (restoration) it is important to have frequent and regular family time/arranged visits from the very start of your journey.

What happens during family time?

Aboriginal parents have said that family time is about making as many memories as you can. Family visits can be supervised by a DCJ worker, a support service worker or family member, or be unsupervised.

What is a Case Plan?

A Case Plan is made by DCJ after your child is removed, outlining the reasons for removal, what DCJ expects you to do for your child to come home, and what support DCJ say they will give you.

What is a Summary of Proposed Plan?

A Summary of Proposed Plan (SOPP) is a document that should tell you why a child has been removed, where your child will be living, what DCJ say the risks are and your goals to address them.

What is a Family Action Plan?

A Family Action Plan (FAP) outlines what DCJ say they are worried about in regards to your child's protection, but should also say your family led goals to address those ‘worries.’

What is a Care Plan?

A Care Plan is a document that all children placed in out-of-home care have. The case plan will say what the placement ‘goal’ is (where the child will live).

What is the Cultural Support Plan?

A Cultural Support Plan for an Aboriginal or Torres Strait Islander child is to plan for how that child is to stay connected, or begin connecting, to their culture, family, Country, language and overall identity.

What is a Relative and Kincare assessment?

Relative and Kincare assessments are done by DCJ, other services, or contracted assessors. You can ask for these assessments to be done for a person, and these services can request this as well.

What is ‘Attachment theory’?

‘Attachment theory’ is the idea that the relationships people have during early childhood (especially with their main caregiver) will shape how they feel about themselves and how they connect with others later in life.

What is Systemic Coercion?

Coercion means trying to force someone or a group to do or not do something by using threats or pressure. An individual or system can be coercive, through actions and the ways things are done.

What is mother blaming?

Mothers are unfairly blamed for the impact of domestic violence on their children, even though child protection and other services often can’t keep women and their children safe

What is ‘punishing poverty’?

Punishing poverty happens when poverty and neglect are seen as the same thing. The Family Is Culture Report confirmed that DCJ caseworkers see poverty as a risk factor and equate poverty with abuse and neglect.

What are the different types of placements?

If your child is removed from your care or someone else's care, they live somewhere else, and this is called a ‘placement.’ There are many options DCJ can use before a removal happens, that are not often being used.

What is a Temporary Care Arrangement?

A Temporary Care Agreement (TCA) is an agreement between parents and DCJ for your child to be in someone else's care, with the belief that parents will work towards what DCJ believes is a ‘safer’ environment for your child.

What is a Relative and Kincare Placement?

Often referred to an Kincare, this is when a child lives with, and is cared for, by a relative other than their parent, or a member of their Aboriginal community. Your child’s relationship and connection to this person is recognised by your family and community.

What is guardianship?

Guardianship sees your child remain in long-term foster care placement, with some changes. Guardianship means the carer has full legal responsibility for the child and can make decisions, including health, education, and daily care decisions.

What is foster care?

Foster care is when DCJ removes a child from their family and places them with another person or family, whose responsibility is to offer a safe, nurturing, and culturally connected home.

Is adoption allowed?

‘Permanency options’ means there are different placement options for children, with a focus on physical stability. Parents have a right to be involved in decision making about whether their child is adopted.

My child is unsafe in their placement

As soon as your child says they feel unsafe in their placement, you need to complain about their treatment in care and explain their experiences.

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.