Children and families policies and legislation

Section 13 of the Children and Young Persons (Care and Protection) Act 1998 provides for a general order of placement for Aboriginal children. The aim is to ensure that if possible and assessed as safe, Aboriginal children and young people are placed within their biological family, extended family, local Aboriginal community or wider Aboriginal community and culture.

The purpose of the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles is to enhance and preserve Aboriginal children’s sense of their Aboriginal identity. The objective of the principles is to ensure an Aboriginal child’s right to be raised in their own culture. They also recognise the importance and value of family, extended family, kinship networks, culture and community, in raising Aboriginal children.

This general order of placement aims to ensure that, where possible, children and young people are placed within their family, community or other Aboriginal community to stay connected with their Aboriginal culture. This reflects the NSW Government’s determination to avoid a repetition of past practices which had a devastating impact on so many Aboriginal families.

Effective applications of the principles requires Aboriginal families, extended family and Aboriginal community representatives to be consulted and involved in decision-making about care arrangements for Aboriginal children and young people.

The principles also support the importance of Aboriginal people having increased and ongoing involvement and control in Aboriginal child and family welfare, and child protection matters