The peak advocate for Indigenous children has launched a sharp rebuke of a landmark Queensland child protection inquiry, arguing its finding that racism plays no role in the removal of First Nations children ignores the very factors governments have already acknowledged are driving their overrepresentation in care.
The criticism follows the release of the Queensland Commission of Inquiry into Child Safety, which found there was no evidence that "racism is a motivating or causal factor in decisions to remove Aboriginal and Torres Strait Islander children from their families".
The finding has sparked concern among First Nations advocates, given Aboriginal and Torres Strait Islander children are placed in out-of-home care at 9.3 times the rate of non-Indigenous children. While First Nations children make up around 8 per cent of Queensland's youth population, they account for almost half of all children in state care.
The Commission of Inquiry into Child Safety report argued case studies provided by Indigenous legal and advocacy organisations "did not sustain a criticism that the children concerned were removed without a sufficient rational reason".
"On the contrary, the Department's policies and processes indicate that it is acutely conscious not to repeat the culturally ill-informed mistakes of the past," the report said.
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Shows where the issues lie in Queensland
Responding to the Inquiry, the National Commission for Aboriginal and Torres Strait Islander Children and Young People, said they "do not accept the finding that racism plays no part in why our children are removed".
"Under the National Closing the Gap Agreement, our governments have already accepted that this overrepresentation is driven by colonisation, trauma and systemic racism," Commissioner Hunter said.
"For racism to be dismissed in this Report shows exactly where the issues lie in Queensland."
Commissioner Hunter's concerns mirror those raised by SNAICC - National Voice for our Children CEO Catherine Liddle, who last week described the finding as a "slap in the face to all our families".
"What does the Commission of Inquiry see as the explanation for the vast and unacceptable overrepresentation of our children in the child protection system?" Ms Liddle asked.
"This finding is quite frankly inexplicable."
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Child placement principle protects children
The inquiry made 52 recommendations, including proposals to ensure adoption is not restricted by a child's cultural background or ethnicity and to amend the Child Protection Act to establish adoption as a third permanency pathway for all children.
The report also argued the Department had shown a "tendency to give tacit priority to achieving the objectives of the ATSICPP [Aboriginal and Torres Strait Islander Child Placement Principle] in priority to an evaluation of the child's best interests".
"The commission considers pre-determined assumptions about the best interests of Aboriginal and Torres Strait Islander children represents both a risk to the safety of Aboriginal and Torres Strait Islander children as well as an intangible impediment to reforming the child safety system," the report said.
Commissioner Hunter said her office didn't support the finding, arguing: "We want to be incredibly clear... The ATSICPP does not interfere with the safety of a child; it enhances the protections."
"When it comes to the safety of our children, the ATSICPP is always considered alongside the paramount principle — it's not one or the other," she said. "Where the Queensland Government has misapplied the principle, the answer is to apply it properly, to the standard of Active Efforts, not to write it down to second place in the law."
Calls for greater investment in community-controlled organisations
While welcoming a number of the inquiry's recommendations, Commissioner Hunter said significant concerns remained, including aspects of the report which "do not adequately uphold the rights of First Nations children, young people and families".
Her office called on the Queensland Government to increase investment in Aboriginal and Torres Strait Islander community-controlled organisations, arguing they are best placed to address the drivers of child removal and support families.
"We know what works best for our families. Our community-controlled organisations play a crucial role in providing a safe and supported space, and keeping our kids connected to culture and family," Commissioner Hunter said.
"They must be properly funded to be able to deliver meaningful family-led decision making, early intervention and prevention programs. This can start in Queensland and should. The findings from the Report speak to that."
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