The ACT's inaugural Commissioner for Aboriginal and Torres Strait Islander Children and Young People has criticised Enduring Parental Responsibility (EPR), arguing it fails to recognise and protect the network of cultural blood kinship relationships, culture, and community.
Commissioner and Bundjalung Widubul-Wiabul woman, Vanessa Turnbull-Roberts, said on Monday she feels compelled to condemn ERA and highlight the "alarming consequences it has on our communities".
She said the practice "has repeatedly subjected our children and young people's families to distressing and unjust processes," with her office saying any benefits of the provisions for Aboriginal children and young people were outweighed by the "significant risks of cultural disconnection" as well as a loss of contact with birth families, kin, culture, and community.
A position paper by her office said EPR provisions in care orders have the effect of formally transferring long term parental responsibility to another party, with the result being the exclusion of birth parents and other cultural blood kin.
Once the orders are made, the paper said, it allows the carer to determine the level of contact - if any - the child or young person has with birth families, as well as their culture and community.
"Alarmingly, many Aboriginal children and young people have already experienced the devastating impacts of EPR, often without their families being afforded fair and just opportunities to remain involved in their lives," Commissioner Turnbull-Roberts said.
"This is not just a systemic failure; it is an affront to the rights, dignity, and cultural identity of our communities."
The ERA is a specific provision that may be included in a Care and Protection Order under the Children and Young People Act 2008 and removes oversight by the Director General over the child in care. This gives the carer - who, whilst not legally becoming the child's parent, takes on much of the same role as those from a formal adoption - more autonomy than a care order where the Director-General retains parental responsibility and decision-making over issues such as where the child lives, and contact arrangements.
Yerrabi Yurwang, an Aboriginal community-controlled organisation, argued in a position statement that an EPR order transfers full parental responsibility from the government to carers, "which inherently contradicts the Elements of the Aboriginal and Torres Strait Islander Child Placement Principles of maintaining cultural connections".
Commissioner Turnbull-Roberts, whose book Long Yarn Short highlighted her own experiences with a child protection system which continues to remove First Nations children from their family and community at a shockingly disproportionate rate, said the process of EPR raised "critical concerns" on cultural erasure as well as the disconnection of Indigenous children from their families.
"History has shown us the tragic consequences of such actions, and we must not allow this cycle of violence and disruption to continue," Commissioner Turnbull-Roberts said.
"As a community, we must come together to advocate for a future where our children can thrive within their families-knowing their cultural identity is respected and preserved."
She said her commitment was to ensure every child had the best opportunity to grow up surrounded with the love and support of family and community, allowing children to thrive whilst knowing their cultural identity was being respected and supported.
"We call on all stakeholders, policymakers, and the wider community to acknowledge the urgent need for reform in the family policing system, focusing on returning our children home and respecting their rights," she said.
"Together, we can prevent the further marginalisation of our children and ensure that their voices are heard and honoured."
