New foster care laws in the NT transfers parental rights to a third party until the child is 18

The order allows for children to be removed until they're 18, so let's say a young mum has an alcohol problem, the child can be removed from the mother from the hospital ward at birth and disappear into the system never to be returned

Concerns raised about new legislation for children in out-of-home care in the NT
(Anoek de Groot, file photo - AFP)

Emma Sleath & Rohan Barwick ABC Darwin 24 February 2015

An Aboriginal peak body has concerns about a new 'permanent care order' that transfers parental rights to carers.

The Secretariat of National Aboriginal and Islander Child Care (SNAICC) has raised concerns about new child protection legislation introduced in Northern Territory parliament last week.

The government says the new 'permanent care orders' would be in effect until the child was 18 and are designed to provide a more stable upbringing for children unable to live at home.

Minister for Children and Families, John Elferink, said the order would be similar to adoption in that it transfers parental rights to a third party, but would not change the child's surname, birth certificate, birthrights or entitlements.

The legislation is in line with what's in place in other states including Victoria and South Australia.
However, speaking with 783 Alice Springs today, SNAICC CEO Frank Hytten said the new laws could mean that children become lost in the system.

"The order allows for children to be removed until they're 18, so let's say a young mum has an alcohol problem, the child can be removed from the mother from the hospital ward at birth and disappear into the system never to be returned," he said.

Mr Hytten also said there was a lack of detail regarding how the orders would be applied, and to what extent cultural ties would be maintained.

"Before any such decision is made...the families should be worked with, the families should be supported, there needs to be a period of time where staff and resources are put into the families...to ensure that whatever the problems are, the parents have got ample time to do something about it," he said.

"Nothing's been said about connecting these kids to culture, nothing's been said about making sure these children don't lose relationships with their Aboriginality or the community or the family they come from."

The North Australian Aboriginal Justice Agency (NAAJA) has also spoken out, saying the legislation was too rushed and lacked proper consultation.

"We know the intergenerational effect of cultural dislocation on Aboriginal people and the government needs to take more care before attempting to introduce this type of legislation," said NAAJA CEO Priscilla Collins.

"Under permanent care orders there will be no monitoring of the permanent placement and an Aboriginal child's relationship with their family and culture will be left to the discretion of the carer."

On announcing the new legislation, Mr Elferink said he felt strongly that the orders will be an important option for some children "who deserve a family without the constant involvement of a government department in their lives".

"Children who are taken into care have already been subject to abuse, neglect and or trauma and it is important that they are provided with a long-term stable environment moving into adulthood," he said.

Children on long term orders under the Care and Protection of Children Act will be eligible to access the order and where appropriate, their permission will be sought.

Throughout Australia, Aboriginal children are over-represented in the child protection system and the numbers are continually increasing.

In the last financial year, the number of Indigenous children on care and protection orders in the NT was 840, compared to 149 non-Indigenous.