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From the Front Line: The State as a Failed Parent

Published online by Cambridge University Press:  29 May 2013

Frank Ainsworth  and
Patricia Hansen
Frank Ainsworth*
Affiliation:
Senior Principal Research Fellow (Adjunct), School of Social Work and Community Welfare, James Cook University, Townsville campus, Queensland 4811
Patricia Hansen
Affiliation:
Solicitor, Rogers & Hansen, Merrylands, NSW 2160 and Professor (Adjunct), School of Social Work, Australian Catholic University, Strathfield campus, Sydney, New South Wales 2135
*
addresses for correspondence: Dr. Frank Ainsworth, Senior Principal Research Fellow (Adjunct), School of Social Work and Community Welfare, James Cook University, Townsville campus, Queensland 4811. E-mail: [email protected].
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Abstract

The focus of this article is young women aged 16–17 years who, while in State care in New South Wales gave birth, and from whom the child was then removed by the same department that is responsible for the mother's care. This topic is rarely examined due to two constraints. One is the lack of available data about the incidence of events of this kind. The second is the confidentiality provision in the New South Wales Children and Young Persons (Care and Protection) Act 1998 which defines the Children's Court as a closed court and prohibits the reporting of identifiable case information.

As a consequence much of this article is based on the authors' direct observation of cases involving young women of this age that they have encountered while undertaking professional duties in the Children's Court. The article also explores the further issue of the adoption of children removed from mothers who are still in State care.

Because of the lack of data this article can be classified as an opinion piece which attempts to raise awareness about an important care issue. The article has a New South Wales focus but the authors expect that the same concerns are echoed in other Australian states and territories.

Type
Articles
Information
Children Australia , Volume 38 , Issue 2 , June 2013 , pp. 70 - 75
Copyright
Copyright © The Authors 2013 

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References

References

Ainsworth, F., & Hansen, P. (2009). Babies for the deserving? Developments in foster care and adoption in one Australian state – Others to follow? Just Policy, 50, 23–29.Google Scholar
Australian Institute for Health and Welfare (2011). Australian mothers and babies 2009. Canberra.Google Scholar
Australian Institute for Health and Welfare (2011). Adoptions Australia 2010-11. Canberra.Google Scholar
Bullock, R., Courtney, M., Parker, R., Sinclair, I., & Thoburn, J. (2006). Can the corporate state parent? Child and Youth Services Review, 28, 1344–1358.CrossRefGoogle Scholar
Cashmore, J., & Paxman, M. (1996). Wards leaving care: A longitudinal study. Sydney: NSW Department of Community Services.Google Scholar
Cashmore, J., & Paxman, M. (2006). Wards leaving care. Follow up five years on. Children Australia, 31 (3), 18–25.CrossRefGoogle Scholar
Clare, M. (2006). Personal reflections on needs and services for young people leaving care. Children Australia, 31 (3), 11–18.CrossRefGoogle Scholar
Constantine, W., Jerman, P., & Constantine, N. A. (2009). Sex education and reproductive health needs of foster and transitioning youth in three Californian counties. Center for Research on Adolescent Health and Development: Public Health Institute.Google Scholar
Dominelli, L., Stega, S., Callahan, M., & Rutman, D. (2005). Endangered children: Experiencing and surviving the state as failed parent and grandparent. British Journal of Social Work, 35, 1123–1144.CrossRefGoogle Scholar
Hansen, P., & Ainsworth, F. (2011). In ‘the best interests of the child’: Critical reflections on an over used construct. Children Australia, 36 (1), 12–17.CrossRefGoogle Scholar
Johnson, G., Natalier, K., Bailey, N., Kunnrn, N., Liddiard, M., Mendes, P., & Hollows, A. (2009). Improving housing outcomes for young people leaving care. Melbourne: Australian Housing and Urban Research Centre.Google Scholar
Jones, T. (Host) (2012). ‘Lateline’ interview with the NSW Minister for Family and Community Services, Hon, Pru Goward. Sydney: Australian Broadcast Corporation.Google Scholar
Knight, A., Chase, E., & Aggleton, P. (2006). Teenage pregnancy among young people in care and leaving care. Messages and implications for foster care. Adoption and Fostering, 30 (1), 58–69.CrossRefGoogle Scholar
Love, L. T., McIntosh, J., Rosst, M., & Tertzakian, K. (2005). Fostering hope: Preventing teen pregnancy among youth in foster care. Washington DC: National Campaign to Prevent Teen Pregnancy.Google Scholar
McNally, L., Hilder, L., & Sullivan, P. (2011). Australia's mothers and babies 2009. Canberra: Australian Institute of Health and Welfare.Google Scholar
Mendes, P. (2012). Towards better outcomes: A social investment model of support for young people transitioning from out-of-home care. Developing Practice, 32, 4–12.Google Scholar
Mendes, P. (2009). Improving outcomes for teenage pregnancy and early parenthood for young people in out-of-home care. Youth Studies Australia, 28, 3, 11–18.Google Scholar
McFarlane, K. (2010). From care to custody: Young women in out-of-home care in the criminal justice system. Current Issues in Criminal Justice, 22 (4), 345–353.CrossRefGoogle Scholar
NSW Department of Community Services (2009). Structured decision making system. NSW Mandatory reporter guide. Sydney.Google Scholar
NSW Family and Community Services (2011). Statutory review of the adoption regulations 2003. Discussion paper. December.Google Scholar
NSW Family and Community Services (2012). Reformed out-of-home care to drive better outcomes. Ministerial media release. 13 March.Google Scholar
Premier of New South Wales (2008). News release. Iemma government makes adoption easier for families. 11 July. Sydney.Google Scholar
Shlonsky, A., & Ballan, M. (2011). Evidence-informed practice in child welfare: Definitions, challenges, and strategies. Developing Practice, 29, 26–42.Google Scholar
Social Care Institute for Excellence (2004). Preventing teenage pregnancy in Looked after Children. Briefing paper 9. London: SCIE. Accessed 18 July 2012 www//scie.org.uk/publications/briefings09/index.aspGoogle Scholar
Svoboda, V., Shaw, T., Barth, R. P., & Bright, C. (2012). Pregnancy and parenting among youth In foster care: A review. Child and Youth Services Review, 34, 867–875.CrossRefGoogle Scholar
Senate Committee for Community Affairs (2012). Commonwealth contribution to former forced adoption policies and practices. Canberra. 29 February.Google Scholar
UK Department of Education (2012). Government sets out measures to speed up adoptions and give vulnerable children loving homes. Media release. London. 9 March.Google Scholar
UK Department or Education (2011). Table E1: Looked after children who were adopted from care during the year ending March 31. Retrieved from http://www/education.gov.uk Accessed 4 July 2012.Google Scholar
US Department of Health and Human Services (2012). HHS awards $35 million to States for Increasing adoption. Retrieved from http://www.hhs.gov/news/press/2009pres/09/20090914a.html Accessed 4 July 2012.Google Scholar
US Department of Health and Human Services (2010). Adoption of children with public welfare agency involvement FY2002-FY2009. Retrieved from http://www.acf.hhs.gov/program/ch Accessed 4 July 2012.Google Scholar
US Department of Treasury (2012). Inland Revenue Service. Qualified Adoption Expenses. Form 8839. Retrieved from http://dot.gov/resource-center/taxpolicy/documents/taxbenefitsforadoption/ Accessed 4 July 2012.Google Scholar
UN Universal Declaration of Human Rights (1948). Retrieved from http://un.org/Overview/right.html Accessed 1 April 2012.Google Scholar
UN Convention on the Right of the Child (1989). Retrieved from http://un.org/library/ethics/unconvention/ Accessed 1 April 2012.Google Scholar

Statutes

NSW Children (Care and Protection) Act 1987Google Scholar
NSW Children and Young Persons (Care and Protection) Act 1998Google Scholar
NSW Adoptions Act 2000Google Scholar
US Fostering Connections to Success and Increasing Adoptions Act 2008 (P.L.110–351)Google Scholar

Cases

Re Tracey (2011) NSWSC43CrossRefGoogle Scholar

Note:

Frank Ainsworth is a Guardian ad Litem in the NSW Children's Court.Google Scholar
Patricia Hansen is a solicitor who practices in the NSW Children's Court.Google Scholar