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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-17 Daily Xml
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Bills

Children and Young People (Safety) (Inquiry into Foster and Kinship Care) Amendment Bill

Introduction and First Reading

The Hon. J.A. DARLEY (19:46): Obtained leave and introduced a bill to amend the Children and Young People (Safety) Act 2017. Read a first time.

Second Reading

The Hon. J.A. DARLEY (19:47): I move:

That this bill be now read a second time.

The bill will set up an independent inquiry into foster and kinship care in the state to review the adequacy, amongst other things, of:

1. existing complaints mechanisms in the department;

2. existing consultation processes between the department, other persons and bodies and foster and kinship carers;

3. documentation and information held by the department, other persons and bodies and availability to foster and kinship carers; and

4. internal processes and arrangements within the department and other persons and bodies to examine that there is a sound partnership with foster and kinship carers and to ensure that rights of children in foster and kinship care are respected, addressed and realised.

In addition, the inquiry will make such recommendations for change affecting foster and kinship carers as it considers necessary. The inquiry will finish in six months and will report to the minister, who must cause a copy of the report to be laid before both houses of parliament. The timing of the report will allow it to contribute to the review of the act next year.

I have been approached by a group of foster and kinship carers who have expressed serious concerns over what has been occurring in the foster and kinship carer sector, preventing carers from achieving the necessary health and wellbeing outcomes for children under the guardianship of the chief executive.

I arranged for the carer project to meet with the Premier to present their concerns. This group, and the carers that they have surveyed, now believe that the only way their voices may be heard is via an independent inquiry, which will provide protection from bullying, intimidation and repercussions in their role as carers.

The group considers carers are not treated with natural justice and procedural fairness when making complaints, and this is affecting the retention of carers. They are concerned that their voices will not be heard in the legislative review next year and believe an independent inquiry is needed ahead of the legislative review scheduled for October 2022. An inquiry is needed focusing on the needs of carers.

No-one disputes their pivotal role in reducing costs in delivering the best outcomes for children in care. Adequate financial support and a supportive system of true partnership between carers and the government is essential in achieving these best outcomes. Many children in care have experienced some level of trauma, yet funding for children under the guardianship of the chief executive is set at poverty level.

A compassionate society demands all that is possible is done for this vulnerable set of children under the care of the state. Appropriate funding is needed to attract and retain foster and kinship carers as the requirements for their services continue to grow. Placing children in expensive residential care rather than within the families of foster and kinship carers is wrong. The purpose of the inquiry is to identify the needs and concerns of carers, and how carers can be better supported in order to achieve better outcomes for children under the guardianship of the chief executive.

Whilst there have been many reports, carers want the opportunity to express their views on how outcomes for children in care can be better achieved. The government's Statement of Commitment is a major joint acknowledgement by the Minister for Child Protection and key partners in the child protection sector of the vital role that carers play. The document provides a commitment from government that carers will be supported, consulted, valued and respected. Foster and kinship carers want an independent inquiry to assess how well this has been implemented.

I refer to The Advertiser of 5 November, pages 22 to 23, reporting on the first day of a coronial inquest. It refers to the CEO of DCP commissioning a report to find missing information about a child's experience in care and a decision to refuse extra funding to the foster-father. The placement ended because the carer could not afford to continue fostering, after payments were significantly reduced at the decision of the then acting DCP country director. It was found that there were 'major faults in the process and the decision'.

A number of people, including the school principal and police officers, petitioned for the child to be kept with the foster-father. It was found in the report that there had been 'underhand personal discrediting of the foster-father who was categorised as looking for a financial handout'. The report concluded that there were considerable issues with DCP processes, and that 'a senior bureaucrat made a decision about the clinical wellbeing of a child'. The CEO of DCP, after receiving the secret report, stated her reaction, 'We have much work to do.'

The Premier has recently written to foster carers stating that the CEO of Department for Child Protection, firstly, 'confirmed the department takes any matters raised by carers seriously and has made carer engagement and participation a key priority in recognition of the invaluable role carers play'; and, secondly, 'reviewing DCP communications on the division of responsibilities for the department paying expenses to carers and young people in care to ensure greater clarity'.

A proper investigation into the need for a review of procedures, including the handling of complaints, processed within Department for Child Protection, needs to be conducted to see if matters already uncovered in the coronial investigation have been addressed. There is an inherent enormous power imbalance between DCP officials and foster carers, who would be afraid, if they questioned decisions of the department, that they could lose custody of the children in their care. I put the following questions:

1. Has the work referred to by the CEO, now in the position for four years, been done to clean up the mess revealed in the coronial investigation so far?

2. Are senior bureaucrats still making financial decisions affecting foster carers and children in their care?

3. Are internal review mechanisms sufficient, given the uncovering of underhand personal discrediting of a foster carer?

4. Are processes established in DCP to ensure that carers can speak fearlessly of any concerns they may have?

5. Is there not a need for an independent investigation to confirm past indefensible, catastrophic, and dire, damning findings have been addressed?

6. Did the government not proceed with their legislation because this bill previously was a filed amendment attached to their legislation?

An independent review will establish whether, as the Premier stated in his letter, the department does take any matters raised by carers seriously and has made carer engagement and participation a key priority in recognition of the invaluable role carers play.

I alert the chamber that I will be seeking that standing orders be so far suspended as to enable this bill to pass through the remaining stages without delay. I commend the bill and the need for an independent inquiry to the house.

Standing Orders Suspension

The Hon. J.A. DARLEY (19:55): I move:

That standing orders be so far suspended as to enable the bill to pass through its remaining stages without delay.

The Hon. I.K. HUNTER: Mr President, I draw your attention to the state of the council.

A quorum having been formed:

Motion carried.

Second Reading

The Hon. C.M. SCRIVEN (19:58): I rise to speak on this bill and indicate that Labor supports the principles of the bill. I thank the Hon. John Darley for introducing this important piece of legislation, which aims to achieve similar outcomes as Labor's proposed amendments to the Children and Young People (Safety) (Miscellaneous) Amendment Bill 2020—namely, a fair and just outcome for foster and kinship carers in South Australia.

In fact, like the Hon. Mr Darley, Labor moved a number of amendments aimed at improving outcomes through the Children and Young People (Safety) (Miscellaneous) Amendment Bill 2020, which the minister and the divided Liberal government simply refused to entertain. Not only did the government refuse to include any of Labor's or the crossbench amendments, but they have also failed to progress their bill through the parliament for reasons known only to them.

Foster and kinship carers are the backbone of the child protection system, looking after around 4,000 of the 4,671 children currently in care in this state. They are generous, kind people who open their hearts and their homes to some of the most vulnerable children in our state. They are united in their deep desire to ensure every South Australian child is enabled to thrive. Sadly, these outstanding people are not treated in the way that they deserve to be.

Many foster and kinship carers are unhappy with the foster care system in South Australia. Many report feeling overwhelmed, disrespected and powerless in their dealings with the Department for Child Protection and are dismayed and frustrated by the department's decision-making processes. An independent inquiry would enable these individuals and groups, and the groups who represent them, to raise these concerns and it could help to inform future policies and regulations around foster and kinship care in South Australia.

Recent surveys conducted by Connecting Foster and Kinship Carers South Australia and the carer project show major problems in the relationship between carers and the Department for Child Protection. On almost a daily basis, opposition and crossbench offices are contacted by carers raising issues of serious concern about their relationship with and their treatment at the hands of the department. Many say they feel undervalued and ill-informed and that they have to wait for timely information, for a timely conversation about children in their care, including about issues regarding access to medical treatments.

Far too many say that there is a culture of bullying and intimidation by the department whenever they object or question particular methods or particular decisions. This proposed inquiry will respond to the plethora of concerns that are regularly raised with the opposition and crossbenchers. An inquiry will address those ongoing cultural issues within the Department for Child Protection and provide a voice for the thousands of South Australian foster and kinship carers who are looking after the most vulnerable children in our state.

If we can address the issues impacting carers then we will see improvements in recruitment and retention rates, which are currently well below what is needed to support the record number of children who are going into care. Foster and kinship carers are calling out for procedural fairness and to be kept informed of decisions that impact their lives and the lives of the children and young people for whom they care. They want an independent structure for carers to have their complaints heard and resolved and Labor believes that an inquiry such as the one proposed by the Hon. John Darley will help to explore this.

This is a key component of Mr Darley's proposed independent inquiry, which Labor supports and which I am sure would be welcomed by foster and kinship carers. As mentioned, Labor does support the bill. We will also consider possible amendments between the houses to ensure that all potential issues are contemplated and considered in the inquiry.

The bill also deals with a key component of Labor's proposed amendments to the Children and Young People (Safety) (Miscellaneous) Amendment Bill 2020 in relation to the way outcomes and feedback relating to complaints are communicated to foster carers and to kinship carers. The department simply must better communicate its decisions and processes to carers, and I support the bill's aim to have the adequacy of existing consultation processes between the department and carers reviewed.

Some of the issues raised in the surveys mentioned earlier are deeply worrying. If they continue to go unaddressed, we fear people will stop opening their hearts and their homes to generously take in children. If foster and kinship carers do not feel they are being treated with dignity and respect, they will leave the system and more children will be forced into residential or commercial care.

It is abundantly clear the child protection minister has chosen to ignore the pleas of South Australian foster and kinship carers. While there are platitudes aplenty from the minister, when it comes to taking real action, like supporting Labor and Mr Darley's amendments aimed at giving a voice to carers, she baulked. Will she do it again? I sincerely hope not.

I would therefore encourage the minister to go back and read the survey results, talk with foster and kinship carers, and listen, truly listen, to their concerns. If she did truly understand the nature of these issues, she would support this bill for a thorough and rigorous inquiry into foster and kinship care, and indeed would have already addressed and supported the amendments put forward on this topic. I urge members to support this bill.

The Hon. J.M.A. LENSINK (Minister for Human Services) (20:04): The government will not be supporting this particular bill. As the mover of this bill has already identified, there is to be a full statutory review of the children and young people (safety) legislation, which is due to occur in 2022 and which will trigger all the aspects of the child protection system.

I note that the Minister for Child Protection has had a bill before this house to amend the legislation in limited form. In particular, to provide for adoption directly from care, which was a very narrow scope indeed for that particular reform for this important area. I would also like to place on the record the government's thanks and appreciation for all the people who provide foster and support for children in the child protection system and acknowledge the amazing work they do in opening their homes to children who are not their own biological children, but clearly children who need support and will best respond to the love and care of a family environment.

I would like to place on the record some important reforms which have taken place under this government to improve the foster and kinship care system and these include:

funding the peak agency, Connecting Foster and Kinship Carers SA Inc., to play a key advocacy role, to provide information services and conduct annual carer surveys, ensuring the voice of carers is heard;

launching the statement of commitment for South Australian foster and kinship carers, recognising that the government must work in partnership and value carers as an essential and respected part of the care team. The commitment also highlights how carers can expect to be informed, supported, consulted, valued and respected;

improving effective carer engagement and participation through the development of the online carer portal and expanding information resources for carers;

developing departmental carer newsletters, ensuring carers are kept abreast of developments within child protection

piloting a DCP consultation approach and introduced carer exit surveys;

extending foster and kinship carer payments for young people up to 21 years of age, which has been quite significant and very welcome;

introducing the joint education plan between the Department for Child Protection and the Department for Education to improve educational outcomes for children and young people in care;

a new partnership with the Catholic education sector to provide 200 Catholic school scholarships;

additional dental services under a new partnership with the Australian Dental Foundation, including fee-capped orthodontics for eligible children;

increasing the number of staff within the Department for Child Protection to improve the carer experience; and

expanding the number of staff within the DCP disability and development program, which supports the NDIS arrangements for children with disabilities.

It is unsure, in this proposal that is before us, what would constitute an independent inquiry and we would encourage that the review of the Children and Young People (Safety) Act needs to be examined holistically and that all parts should be included in such a full review, which is due to commence in 2022.

The Hon. J.A. DARLEY (20:07): I would like to thank the Hon. Clare Scriven for her contribution.

Ayes 12

Noes 7

Majority 5

AYES
Bonaros, C. Darley, J.A. (teller) Franks, T.A.
Hanson, J.E. Hunter, I.K. Maher, K.J.
Ngo, T.T. Pangallo, F. Pnevmatikos, I.
Scriven, C.M. Simms, R.A. Wortley, R.P.
NOES
Centofanti, N.J. Girolamo, H.M. Lee, J.S.
Lensink, J.M.A. (teller) Lucas, R.I. Stephens, T.J.
Wade, S.G.
PAIRS
Bourke, E.S. Hood, D.G.E.

Committee Stage

In committee.

Clause 1.

The Hon. J.M.A. LENSINK: If I could just ask the mover of this particular legislation if he could outline what he would view as an independent inquiry, perhaps who might lead that and how that would take place.

The Hon. J.A. DARLEY: We envisage that the government would perhaps appoint a retired judge to inquire into this.

Clause passed.

Remaining clauses (2 and 3) and title passed.

Bill reported without amendment.

Third Reading

The Hon. J.A. DARLEY (20:14): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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