Aboriginal Law Bulletin --- "Aboriginal Children and the Child Welfare System: A New Study" [1982] AboriginalLawB 16; (1982) 1(3) Aboriginal Law Bulletin 15

• Aboriginal Children And The Child Welfare System: A New Study

---

Aboriginal Children and the Child Welfare System: A New Study

New South Wales laws do not distinguish formally between Aboriginal and other children. Yet it has been argued that they operate very differently in practice, for just as Aboriginal adults are over-represented in the criminal justice system, Aboriginal children are over-represented in the child welfare system. For most of these children, entry into the child welfare system means a considerable degree of separation from their families and communities. Indeed, this was once seen as desirable, for the policy of 'assimilation' was thought to be advanced by separating Aboriginal children and bringing them up in white homes or institutions.

The present study has been prompted largely by Aboriginal demands for laws and policies that give them control over their children, a matter which is increasingly seen as an essential part of any policy of self-determination for Aboriginal people. The object of this study is to describe the way the child welfare system applies to Aboriginal children today. It includes such matters as the children's courts' handling of Aboriginal children, the experience of Aboriginal children in foster care and institutions, supportive measures designed to prevent children coming into care, and the role of Aboriginal organisations, especially the Aboriginal Children's Service and Legal Service. The study will consider the non-government as well as the government sector.

The study is supported by grants from the Social Welfare Research Centre and the Law Faculty at the University of New South Wales. It will be published in the form of a monograph from the Social Welfare Research' Centre. The study is to be carried out by Richard Chisholm and Sue Thompson. Richard teaches Law at the University of New South Wales and has been working mainly in family law and children's law in recent years; he has been involved in the review of the New South Wales Child Welfare Act,and was a consultant to the Australian Law Reform Commission on Child Welfare. He was a founding member of the Aboriginal Legal Service. Sue is an honours graduate in Sociology with several years experience of research in Aboriginal affairs, most recently with the Select Committee of the NSW Legislative Assembly.

It is. intended that the study will form part of a book, which will trace the history of the child welfare system relating to Aborigines, discuss the existing system in New South Wales, compare laws and policies relating to indigenous people in other countries, and consider possible reforms for New South Wales.

Research for the study will include visits to several Aboriginal communities throughout New South Wales, and discussions with Aboriginal people and organisations, as well as officers of the Department of Youth and Community Services, police, magistrates, foster parents, and other people involved in the system.

We would welcome any comments, or requests for further information and we are anxious to talk with anyone who has experience, information or views which they are willing to share with us. Inquiries may be directed to Richard Chisholm, Aboriginal Children Study, Faculty of Law, University of NSW, P.O. Box I, Kensington, NSW, 2033.