SUB.001.00117_01_0003
Section 1: Questions about your experiences
These questions are just a guide. You can answer as many or as few as you like, or if you like, you can make a submission on any issue covered by the Terms of Reference.*
Incidents of violence, abuse, neglect and/or i) exploitation &
fe concerned that parents with
- Have you been or are you aware of a intellectual disability are having their children
person with disability being exposed to removed as a child protection policy default,
violence, abuse, neglect or exploitation? often with little or no warning, setting in train
If yes: a series of events which permanently separates the parent and child. There is an
a. What happened? assumption that parents with an assumed intellectual disability are unable to parent,
b. Did it happen once or a number of times? | ofen before any assessment has been carried
out or traning provided.
Pre-birth notifications from medical service providers to Child Protection Services (CPS) are required in a number of circumstances, including where “there are significant concerns about a parent’s capability to care for the child after the birth, such as a parent who has a significant intellectual disability or an unsupported young person who is under 20 years of age.”
While it is expected that parents will be counselled and assessed pre-birth to ensure all the necessary supports are in place to enable them to parent successfully, it is all too common to find that the first indication of involvement by CPS is arrival of officers at the hospital who then take the child into protective custody.
3 https://disability.royalcommission.gov.au/about/Pages/Terms-of-reference.aspx
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Complaint processes and outcomes
- Have you made a complaint about violence, abuse, neglect or exploitation on your own behalf or on behalf of a person with disability? If yes:
a. What was the complaint? b. Who did you make the complaint to? c. Was the complaint followed up? d. What was the outcome of the complaint? e. Were you satisfied with the outcome? If yes, why? If no, why not?
SUB.001.00117_01_0004
MB has raised this matter directly with
policy staff from the [iin
Child Protection
Unit. We have done this with people
who have had direct experience of child removal that has become permanent.
This is an ongoing dialogue, but there is unlikely to be any change unless and until there is legislative and regulatory reform.
The problem is largely hidden, with the added complication of the court process, and needs to be investigated beyond the constraints of the responsible department.
Access
- Do you have concerns about access to places and services and whether this has placed you or people with disability at risk of violence, abuse, neglect and/or exploitation? If yes:
a. What are your concerns? b. Have you raised those concerns with anybody?
c. Who did you raise your concerns with? d. What was the outcome? a
Parents with intellectual disability are at a strong disadvantage because they may have difficulty understanding written documentation and court processes that would be challenging for people without intellectual disability.
This has also been raised with policy staff, who are working on easy read materials in collaboration with and partners. However this does not address the origin of the problem, in that parents are not assisted with pre-birth planning and supports to avoid child removal.
Disability specific services
- Are you concerned that the quality or safety of disability support services has
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Disability specific services
placed you or people with disability at risk of violence, abuse, neglect or exploitation? If yes:
a. What type of service? b. What are your concerns? c. Have you raised your concerns with anybody?
d. Who did you raise your concerns with? e. What was the outcome?
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hal
Direct support for people with disability
- lf you provide support for a person with disability, is that in a paid or unpaid role? Are they formal or informal supports? What type of services do you provide? Why do you provide those services?
On request provides individual advocacy support to people with intellectual disability, including supporting parents with intellectual disability who are navigating the court system for access to their children.
Best practice and innovation
- Have you been part of a process that designed or implemented best practice or innovative models for the prevention, reporting and investigation of, or responding to violence against and abuse, neglect or exploitation of, people with disability? If yes:
a. Where and when did this occur? b. What led to this process? c. How has it been implemented? )
ae
Cradle to Kinder has been proposed as a useful ante- and post-natal support program. This program has broader application than parents with intellectual disability and may not specifically meet those needs without adaptation. It is also currently limited to people under the age of 25, and has limited geographical coverage.
Evaluation available here
https://aifs.gov.au/past-projects/cradle kinder-program-evaluation
The Step by Step Parenting Program
developed by Dr Maurice Feldman is
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SUB.001.00117_01_0006
Best practice and innovation
®
d. Has there been any evaluation or specifically designed for parents with ind d F thi del? intellectual disability and could be applied in independent assessment of this model: or key elements included into a
variation of Cradle to Kinder program delivery i
e. What was the outcome of the independent assessment or evaluation?
More information available here
http://www.supportedparenting.ca/step-by step
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SUB.001.00117 _01_0008
More inclusive society @
U.N. Article 23 Paragraph 4 states’ Parties9. What could be done to promote a more shall ensure that a child shall not be separated inclusive society that supports the from his or her parents against their will, independence of people with disability and except when competent authorities subject to their right to live free from violence, abuse, judicial review determine, in accordance with neglect and exploitation? applicable law and procedures that such separation is necessary for the best interests of the child. In no case shall a child be separated from a parent on the basis of a disability of either the child or one or both of the parents.’ This has been signed and ratified in Australia but not legislated.
Effective reporting, investigation and 1§1 prevention Oil
- What is already working well to encourage reporting, investigation and/or prevention of violence, abuse, neglect or exploitation towards people with disability?
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SUB.001.00117 _01_0010
Census figures indicate in Australia, almost one in five people, that is around 4.3 million, have a disability. Of these, one in three has severe or profound core activity limitation Over 700,000
Australians live with an intellectual disability; a term used to describe a reduced ability to
understand new or complex information and to learn and apply new skills.
Within advocacy groups there is a growing concern for parents who have an intellectual disability and their interaction with Child Protection Services. Parents are often considered unable to parent before any assessment or training is carried out. In fact, current practices have been referred to as creating ‘a new stolen generation’
there has been action by Child Protection to ensure there are information guidelines for all parents in the court system. The difficulty with these comprehensive documents and all court communication is that they are not in an accessible format for a parent who may have difficulty reading. Further, the few positive parenting courses provided are unsuited to a person who has literacy difficulties and who may benefit from an individualised style of learning.in preparing for the birth of a child and for regular support in facing the challenges of caring for a new baby. Often the false assumption is made that people with an intellectual disability cannot be taught or retain information.
It is of concern that Child Protection cases are tackled in a setting associated with neglect and abuse where there may have been no neglect or abuse by the parent with an intellectual disability. Much of this plays out in the Family Court, which is concerned with assessment of risk to the child, not the capacity of the parent. Court hearings are delayed and deferred, often for many months, during which a child and parent remain separated.
One parent thatllllhas supported has been waiting 15 months for the court to make a ruling and has faced many court deferments of her case, due to reports from experts being delayed. At no stage has she been given court information in an accessible format or been told why her baby was removed while she was in the hospital. She has contact with her child only a few times a week. No training, support or help is extended to her through the court. She is expected to turn
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SUB.001.00117 _01_0011
up when the court decides and cannot speak in the court to show her competency or in fact her pain.
It would be far a better option for a program, based on successful domestic and overseas models, to support parents in individually identified areas of need to provide positive parenting practices and thus decrease the risk of neglect. The implementation of the NDIS means such help can be personalised, but without a child living in the home this isn’t an option. There are good examples
of support programs - but they are limited in geographical scope or eligibility
requirements meaning people can be excluded from the help they need because of their age or where they live.
Further, there is need for increased training and resources for Child Protection officers working with families where a parent has an intellectual disability.
Section 3: Questions about you
- What is your name?
- What is your email address?
- What is your preferred contact phone number during business hours?
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SUB.001.00117_01_0013
- Who are you making this submission for?
Myself
UO ou
Another person
Xl
An institution
L
A government or government entity
(Commonwealth, State, Territory or Local)
- Do you provide care to a person with disability?
Yes
No
- If you answered Yes to Question 21, what is your relationship to the person you care for?
Parent or guardian
Sibling
Friend
Spouse
Child
Support worker
ONOOUUVUUODkKO
Other (please specify)
- If you answered Yes to Question 21, are you a:
L
LJ Unpaid carer
Paid carer
- If you wish to do so, please describe your disability or the disability of the person for whom you are making submissions:
a : community organisation,
advocates on a state-wide basis for the rights of people with an intellectual disability and their families by
e changing community attitudes
e informing, assisting, advocating for andempowering people’ with an intellectual disability and their families
e working individually and collectively to influence the decision makers to bring about real inclusion and lasting change for people with intellectual disability
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