“They Know What's Best for the Poor Little Black Fellows, Like They Did All Them Years Ago”: Continued Paternalism and Pressure to Place in the Australian Child Protection System

Abstract

Child protection systems in Australia have been criticised for racialized policies that result in the over-policing of First Nations families and the removal of First Nations children. Under current colonial structures, “protection from harm” is used to justify the removal of First Nations children from community—sometimes permanently—at the expense of culture under the justification of timely decision making to achieve “permanency.” This is inconsistent with First Nations worldviews and the United Nations Declaration on the Rights of Indigenous Peoples. It also contributes to the sustained and increasing over-representation of First Nations children in child protection and Out-of-Home Care (OOHC) systems in all Australian states and territories. Drawing on interviews with 32 First Nations and 5 non-indigenous people in the state of New South Wales, Australia, this paper explores participants' perceptions of the purpose of placements in statutory OOHC for First Nations children. The findings highlight issues at the systemic, policy and practice levels that result in permanency being equated with disconnection from family and culture, at the expense of restoration. A lack of consultation with community and an inability to participate in decision-making has led to the continuation of colonial policies that prioritise safety through removal and disconnection. We discuss how these policy changes neglect community advice, and entrench the view that “permanency” is best achieved via permanent care away from family and community. We conclude by discussing the importance of genuine self-determination for the wellbeing of First Nations children, families, and culture.