Rethinking the “Best Interests” of the Child: Voices from Aboriginal Child and Family Welfare Practitioners

Abstract

In Victoria, recent reforms to the child and family welfare system, through the introduction of the Children Youth and Families Act (2005), have significantly strengthened the principle of the ''best interests'' of the child. Giving substance to the principle, this legislation defines a set of standards and a practice framework to guide its application. How this is to be applied is of particular interest to the Aboriginal child and family welfare sector, given that the principle of best interests has historically underpinned the removal of thousands of Aboriginal and Torres Strait Islander children from their families on the basis of their race (Bamblett, 2006). This paper presents the findings of a qualitative research study that aimed to identify an Aboriginal perspective on the best interests principle as it applies to Victorian Aboriginal children. In-depth interviews were conducted with six experienced Aboriginal child and family welfare practitioners. The outcomes of this study highlight the distinct cultural perspectives that inform Aboriginal child and family welfare practice and raise a number of concerns in regard to an ongoing ethnocentric application of the principle by mainstream service providers. Key findings of the study are discussed, including the importance of increasing understanding of Aboriginal child-rearing practices, recognising that there is a distinct Aboriginal understanding of what constitutes a best interests framework, and the implications of this for both Aboriginal and mainstream child and family welfare practice. The paper discusses these findings within the context of recent Victorian legislative reform, which promotes Aboriginal self-determination, and argues that more work is needed to ensure Aboriginal perspectives are incorporated into service provision to Aboriginal children and families if we are truly to meet the best interests of Aboriginal children.

Realist Review of Programs, Policies, and Interventions to Enhance the Social, Emotional, and Spiritual Well-Being of Aboriginal and Torres Strait Islander Young People Living in Out-of-Home Care

“…Although the National Standards for Out-of-Home Care made it a goal for Aboriginal and Torres Strait Islander communities to participate in decisions concerning the care and placement of their children and young people (Council of Australian Governments, 2009), it has not been made a mandatory requirement to include Aboriginal and Torres Strait Islander input throughout Australia (Burton & Libesman, 2013). Victoria was the first Australian jurisdiction to introduce legislation in an attempt to create a culturally competent service system (the Children, Youth and Families Act, 2005) that actively promoted self-determination for communities (see also Burton & Libesman, 2013;Long & Sephton, 2011). However, despite this legislation, government agencies have retained final decision-making power.…”

Aboriginal Perspectives on Social-Emotional Competence in Early Childhood

“…Participants also discussed aspects of social, emotional, and mental wellness that are particularly important for Aboriginal children. In Aboriginal populations, connections, relations, and family are considered fundamental aspects of overall wellness (King et al, 2009) and are important in promoting Aboriginal child health (Long & Sephton, 2011). Further, when Aboriginal children have access to family members and other adults who can provide social support, their knowledge of Aboriginal language and culture is strengthened (Bougie, 2010).…”

Aboriginal and Torres Strait Islander children in child protection: A sample from the Victorian Children’s Court

“…This conflict is echoed in recent Australian research that highlights the difficulties faced by Aboriginal child protection and family welfare professionals working alongside the DHS (Long & Sephton, 2011). In their article, ATSI practitioners describe the need for child protection professionals to distinguish between child-rearing practices influenced by culturally based notions and ideologies ( the Way ) as opposed to destroyers of culture, such as drug abuse, which impact upon contemporary Indigenous child rearing ( the Wound ).…”

“…In their article, ATSI practitioners describe the need for child protection professionals to distinguish between child-rearing practices influenced by culturally based notions and ideologies ( the Way ) as opposed to destroyers of culture, such as drug abuse, which impact upon contemporary Indigenous child rearing ( the Wound ). Working with a cultural lens to interpret the best interests of a child (Department of Human Services, 2007a) is argued by Long and Sephton (2011) as ‘a token attempt at culturally sensitive practice’ (p. 109) by the DHS. Long and Sephton (2011) argue that the practical implications of working with a cultural lens need to be clarified and complexities unpacked.…”