r Practice resource Working with the recognised entity Introduction It has long been recognised, both nationally and internationally, that it is important to involve Indigenous people in the delivery of child protection services. Child protection agencies acknowledge that culturally appropriate child protection responses must be designed and delivered in partnership with families, communities and Indigenous agencies. Such collaboration is particularly significant, given the historical experiences of Aboriginal and Torres Strait Islander families with child protection agencies and the ongoing over-representation of Aboriginal and Torres Strait Islander children within the child protection system. The department has the legislated mandate to deliver child protection services in Queensland. As a result, the department intervenes in the lives of families to ensure the safety, well-being and best interests of children who may have been harmed or who are at risk of harm. For an Aboriginal or Torres Strait Islander child, the department must ensure that the services provided are culturally appropriate, timely and effective in maintaining the child’s sense of identity and their connection with their culture and community. To achieve these goals, the Child Protection Act 1999, departmental policies and the procedures and resources in the Child Safety Practice Manual guide staff in working collaboratively with families and recognised entities. This practice resource provides information about: what is a recognised entity legislation in relation to the recognised entity the roles and functions of the recognised entity and responsibilities of departmental staff strategies that will enhance partnerships with the recognised entity key concepts. What is a recognised entity The Child Protection Act 1999 states that a recognised entity may be an individual or organisation that is appropriate to be consulted about an Aboriginal or Torres Strait Islander child's protection and care. If the entity is an individual, he or she must be an Aboriginal person or a Torres Strait Islander with appropriate knowledge of or expertise in child protection. The individual must not be an officer or employee of the department. When the recognised entity is an organisation, its members must include individuals who fulfil the previously stated criteria and the organisation must provide services to Aboriginal people or Torres Strait Islanders. The recognised entity (whether an individual or organisation) must have been approved by the chief executive to undertake the role of the recognised entity and be named on the list of approved recognised entities required under Child Protection Act 1999, section 246L. For further information, refer to the ‘Eligibility, selection, listing and operation of Recognised Entities’ policy. Legislation in relation to the recognised entity The Child Protection Act 1999 provides the legal framework for departmental staff to work collaboratively with recognised entities to meet the needs of Aboriginal and Torres Strait Islander children and families July 2013 Page 1 of 7 r Practice resource Working with the recognised entity who come into contact with the child protection system. The Child Protection Act 1999 outlines requirements in relation to: recognised entity participation in decision-making about an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section 6(1)-(3) the Childrens Court, having regard to the recognised entity’s views, about the child and about Aboriginal tradition and Island custom relating to the child (Child Protection Act 1999, section 6(4)) consultation with recognised entities about the administration of the Child Protection Act 1999 in relation to Aboriginal and Torres Strait Islander children (Child Protection Act 1999, section 7(1)(o)) the recognised entity being given a reasonable opportunity to attend and participate in the family group meeting for an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section 51L(1)(f)) and being given a reasonable opportunity to participate in the review and preparation of the revised case plan for an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section 51W(1)(f)) recognised entity participation in a Court Ordered Conference for an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section 70(4)) recognised entity participation in decision-making about where an Aboriginal and Torres Strait Islander child will live when the child is placed in out-of-home care (Child Protection Act 1999, section 83) the recognised entity’s membership within the SCAN team system and the associated responsibilities as a core member representative when an Aboriginal or Torres Strait Islander child is being discussed (Child Protection Act 1999, section 159K(a)(v) and 159L) confidentiality requirements upon the recognised entity and its representative (Child Protection Act 1999, section 187). More detailed information about the legislative provisions in relation to the recognised entity is outlined in the practice resource ‘Legislative provisions in relation to Aboriginal and Torres Strait Islander children and collaboration with recognised entities’. Roles of the recognised entity and responsibilities of departmental officers To help reduce the over-representation of Aboriginal and Torres Strait Islander children in the statutory child protection system, departmental staff and recognised entities must work together to ensure that child protection decisions and interventions with Aboriginal and Torres Strait Islander children and families: are culturally appropriate and delivered in a timely way take into consideration information about each child’s particular family, community and culture acknowledge the strengths of each child, family and community and build on existing family capacity maintain the child’s sense of identity and his or her connections to their culture and community. Roles of the recognised entity The primary role of the recognised entity is to participate in decision-making about any significant decisions for an Aboriginal or Torres Strait Islander child, and be available for consultation about July 2013 Page 2 of 7 r Practice resource Working with the recognised entity decisions in relation to an Aboriginal or Torres Strait Islander child that are not significant decisions. This includes: providing relevant information about a child and his or her family, relationships, community connections, island, clan and/or language group and location providing relevant information about communication/engagement strategies to facilitate culturally appropriate planning, decision-making and intervention providing, when requested by the Childrens Court, relevant information about a child and his or her Aboriginal traditions or Islander customs participating in planning, decision-making and information provision during the intake phase of child protection intervention, including providing information via a pre-notification check, participating in decision-making about recording a notification or subsequently participating in the decision-making about downgrading a notification participating in the investigation and assessment, including participating in the investigation and assessment planning process, undertaking joint visits with departmental staff and participating in decision-making about the investigation and assessment outcome participating in planning for, and decision-making about, applications to the Childrens Court for child protection orders assisting in decision-making about referrals to early intervention services participating in family group meetings and case plans reviews contributing to the development of case plans and cultural support plans participating in planning for and decision-making about an Aboriginal or Torres Strait Islander child’s placement, including identifying placements that comply with the hierarchy of placements in the Child Protection Act 1999, section 83, and providing information about the suitability and compatibility of a placement providing information about individuals or families who may be appropriate, safe, compatible kinship carers for an Aboriginal or Torres Strait Islander child participating in the investigation and assessment of a notification in relation to an Aboriginal or Torres Strait Islander child who has been harmed in out-of-home care participating in, and contributing to, ICM or SCAN team discussions about an Aboriginal or Torres Strait Islander child, and actioning any recommendations identified for the recognised entity providing cultural advice in relation to decision-making and planning for family contact, reunification and transition from care helping Aboriginal and Torres Strait Islander children and families to understand the purpose, processes and implications of departmental intervention. For an unborn Aboriginal or Torres Strait Islander child, the Child Protection Act 1999, section 21(A)(3)(4), requires that the recognised entity be consulted when assessing the likelihood that the unborn child will be in need of protection after birth and to offer help and support to the pregnant woman. The consent of the pregnant woman must be obtained before contacting the recognised entity. This cannot occur until the investigation and assessment has commenced and the pregnant woman has been interviewed. In order to undertake its role and functions, the recognised entity will work closely with, and maintain strong links to, local communities, families and clan groups. In addition, to ensure coordinated service July 2013 Page 3 of 7 r Practice resource Working with the recognised entity delivery to the child and family, there may be times when the recognised entity and departmental staff plan for the recognised entity to have contact with the family and community without departmental staff being present. Such contact will provide opportunities for the recognised entity to gather information that will facilitate planning and decision-making in the best interests of the child. The role of the recognised entity does not include functions such as: acting as a legal advocate or providing legal advice to parents and families providing court support to parents providing ongoing support to carers undertaking tasks associated with family contact or the transporting of children or families beyond what may have been negotiated with the department as part of the child’s case plan providing general family support, including providing financial assistance, emergency relief or accommodation to families. Responsibilities of departmental staff Departmental staff also have a number of responsibilities to enable better collaborative work with the recognised entity and delivery of culturally appropriate child protection services to Aboriginal and Torres Strait Islander children and families. These responsibilities include: developing a local protocol, in partnership with the relevant recognised entity, to guide working in partnership with Aboriginal and Torres Strait Islander children and families and to facilitate communication, information sharing, consultation, planning and prompt resolution of differences complying with statewide and local protocols for working with the recognised entity providing the recognised entity with sufficient relevant information, in a timely way, to allow recognised entity staff to undertake their roles and functions providing sufficient notice to the recognised entity of meetings, or other activities that require their involvement, to enable the fullest participation of the recognised entity providing respectful, culturally appropriate and supportive forums for information sharing, decision-making and discussions with the recognised entity ensuring that the recognised entity is given sufficient time to communicate with relevant community members and gather information required by the department in relation to a child’s family, community, culture and tradition seeking information from the recognised entity about the child and his or her family, relationships, community connections and island and/or language group and location, to inform planning and decision-making. When the department decides on a different course of action than that recommended by the recognised entity in relation to a significant decision, it is good practice to ensure a senior officer has been consulted and is aware of the decision being made, and that the decision, rationale and consultation process are recorded in ICMS and communicated to the relevant recognised entity. July 2013 Page 4 of 7 r Practice resource Working with the recognised entity Recording Departmental staff are responsible for accurately recording information provided by the recognised entity in ICMS. The key information is recorded in either the ‘Recognised entity participation’ form or the ‘Recognised entity participation/Child placement principle’, including information about: the child, his or her family, relationships, community connections, island and/or language group and location safe, suitable placement options, unsuitable or incompatible placement options, and strategies to communicate and engage with Aboriginal or Torres Strait Islander children, families and communities their participation in the decision-making and planning, including the minutes of family group meetings any joint involvement with the child or family and the department, for example, joint visits contact with the recognised entity following any decision or intervention that was required due to urgent circumstances, which occurred prior to consulting with the recognised - this is to include the rationale for the action or decision, why it occurred prior to consultation and how and why the recognised entity was informed about the decision or intervention any unsuccessful attempts to consult with or obtain the participation of the recognised entity in decision-making and how and when the officers consulted with the recognised entity as soon as practicable after the decision or action. The recognised entity’s views and contributions are also to be recorded appropriately in other departmental documents, for example, SCAN team meeting minutes. Strategies to facilitate collaborative work with the recognised entity If the department is to develop and maintain strong partnerships with the recognised entities, it is important that departmental staff: develop an understanding of the historical, systemic and social factors that contribute to the disadvantage experienced by Aboriginal and Torres Strait Islander families and communities and the ongoing over-representation of Aboriginal and Torres Strait Islander children in the child protection system recognise and value the expertise and experience of the members of the recognised entity and their connections with their families and communities seek opportunities to meet with and develop professional relationships with the staff from the local recognised entity support opportunities for participation in joint events or activities with the recognised entity, other local Indigenous agencies and community members ensure that any differences between the two agencies are discussed openly and resolved quickly ensure that, at a local level, culturally appropriate processes are developed and agreed between the two agencies to facilitated information sharing and communication. July 2013 Page 5 of 7 r Practice resource Working with the recognised entity Key concepts Aboriginal person An Aboriginal person is a person of Aboriginal descent who identifies as an Aboriginal and is accepted as such by the community in which he or she lives (Council for Aboriginal Reconciliation, 1994). Compatible To determine compatibility, whether the Aboriginal or Torres Strait Islander person still maintains a culture connection to community and people, information should be gathered from the following sources: Family Community leaders and Elders Recognised entity staff. Example: Mother of a child is in Doomadgee. Mother’s brother (closest sibling) is in Mt Isa and outside of community. Placement with the mother’s brother may be a more ‘compatible’ placement for the child. To determine compatibility there needs to be a level of acceptance and approval from community. Cultural diversity There are two distinct groups of Indigenous peoples in Australia, Aboriginal people and Torres Strait Islanders. These two groups are ethnically distinct with different histories. It is very important to acknowledge that an individual person has the right to identify with one or more cultures to which they belong. Departmental staff have a statutory responsibility to identify Aboriginal or Torres Strait Islander children to ensure that ongoing intervention reflects culturally appropriate service delivery. Culture Culture consists of accepted and traditionally patterned ways of being and behaving. It is a common understanding shared by members of a group or community, and it includes land, sea, beliefs, spirituality, language, stories, identity and ways of living and working. Extended family An Aboriginal or Torres Strait Islander child is not isolated from the rest of the community. Children belong to the whole community, therefore, many adults and children are involved in a child’s life and in his or her upbringing. Aboriginal or Torres Strait Islander children are the responsibility of the whole extended family and community. In many communities, the family is biological and classified by ‘skin’ groupings, which definiens responsibilities and obligations. Mob/community group Aboriginal or Torres Strait Islander peoples may belong to more than one community. For example, an Aboriginal or Torres Strait Islander person’s communities may include where they come from, where their family is and where they live or work. When completing these fields, it is important to record the child’s information first, then the parents, recognising that the mother and father may come from different cultural backgrounds to the child. July 2013 Page 6 of 7 r Practice resource Working with the recognised entity Island group Island group refers to coastal groups such as Torres Strait Island groups, Tasmanian Island groups and Australian Island groups, for example, Stradbroke Island (Noonucal), North Keppel (Kanome) Tiwi, Melville. The Torres Strait Islands are made up of the far western, western, western central, eastern and eastern island groups. For example, Badu Island is western, Thursday Island (Waiben) is central and Murray Island (Mer) is eastern. Clan group The clan is a local descent group, larger than a family, but based on family links through a common ancestry, tribe, nation and family/community groups. Language groups Language groups are defined by the dialects spoken within different clan groups and community groups. One clan could speak up to four different languages within an Island or language group. Near ‘Near’ could mean geographical distance or could mean near in terms of family connection and cultural connection. For example: Burketown and Doomadgee - family groups from Doomadgee may also have family groups in Burketown. The concept of ‘near’ would be tested with the family, local Elders and the recognised entity. Skin group Skin group refers to the ‘moity system’ where an Aboriginal person is born into a family and given a particular skin group which will follow a maternal or paternal line. In particular, skin groups govern the daily interaction and communication between the differing skin groups and may pre-determine who they can marry and the customs and traditions they will follow and hold in trust to be forwarded down in generational order, which is specially held by their skin groups. Torres Strait Islander A Torres Strait Islander is a person of Torres Strait Islander descent who identifies as a Torres Strait Islander and is accepted as such by the community in which he or she lives (Council for Aboriginal Reconciliation, 1994). Totems Totems have particular spiritual religious significance. In some instances it is considered a cultural ‘taboo’ to note this information. Under no circumstances should totems be recorded unless permission has been given by the correct Aboriginal or Torres Strait Islander person responsible for passing on that knowledge - this may be an Elder or family or community member. July 2013 Page 7 of 7