July 2012
Program requirements for the Aboriginal Family Decision Making programpage 1
Published by Child Protection, Placement and Family Services, Victorian Government Department of Human Services, Melbourne, Victoria
© Copyright State of Victoria, Department of Human Services, 2012
This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
This document is available on the Internet at www.dhs.vic.gov.au
July 2012
Program requirements for the Aboriginal Family Decision Making programpage 1
Table of contents
1.Foreword
2.Introduction
2.1Background
2.1.1Aboriginal Family Decision Making pilot
2.1.2Progress of AFDM
2.2Purpose
2.3Scope
2.4Target group
2.5Objectives
2.6Context
3.System and organisational requirements
3.1Service delivery
3.1.1Monitoring and review
3.1.2Service redevelopment
3.1.3Performance measures
3.2Partnerships
3.2.1Organisational partnership
3.2.2Program and service adviser
3.2.3Partnerships with Child Protection and the Aboriginal Child Specialist Advice and Support Service
3.2.4Family partnership
3.3Meeting the needs of Aboriginal children and young people
3.4Continuous learning and quality improvement
4.Operational management requirements
4.1Information sharing
4.2Records, knowledge and information management
4.3Program monitoring and evaluation
4.4Complaint and allegations management
4.5Client feedback
4.6Staffing competency and recruitment
4.7Resolving differences
4.8Prioritisation, allocation and demand management
4.9Community education
5.Client care requirements
5.1Service environment
5.2Inclusive practice
5.3Building capacity
5.4Family connectedness
5.5Children, youth and family involvement
5.6Responding to diversity
5.7Meeting the needs of children, young people and families, where a family member has a disability
5.9Promoting safety
5.10Promoting stability and connectedness
5.11Promoting development
5.12Service access and engagement
5.13Assessment
5.14Planning
5.15Action
6.Practice requirements
6.1Performance measures
6.2Referral pathways
6.2.1Referral process
6.2.2Lodging a referral
6.2.3Initial consultation
6.2.4Referral confirmation
6.2.5Referral form and confirmation letter
6.2.6Referral consultation and assessment
6.2.7Referral outcome
6.3The Aboriginal Family Decision Making process
6.3.1Preparation
6.3.2Engaging family members
6.3.3Engaging young people
6.3.4Planning the meeting
6.4The meeting process
6.4.1Opening meeting, acknowledgement
6.4.2Private time
6.4.3Re-convening the meeting
6.4.4Recording the agreement or plan
6.4.5Sharing plan information
6.4.6Review and closure
6.4.7AFDM meeting outcomes – Child Protection internal review process
6.5Roles and responsibilities
6.5.1Departmental convenor and Aboriginal community convenor
6.5.2Departmental AFDM convenor
6.5.3Aboriginal community convenor
6.5.4Elders
6.5.5Child Protection staff: case managers and team leaders
6.5.6Aboriginal Child Specialist Support and Advice Service
6.5.7Regional AFDM program liaison groups
6.5.8 AFDM Statewide Steering Group
7.Program requirements
7.1Budget
7.1.1Funding model components
7.1.2Funding overview
7.2Policy and funding arrangements
7.3Office for Children policy and funding plan
7.4Performance measures
8.Supporting documents
8.1Relevant legislative requirements
8.2Policy resources
8.3Practice resources
10.Glossary
- Foreword
This service description relates to the core components of the Aboriginal Family Decision Making (AFDM) program model implemented as a key protection and care initiative within the 2004–05 Caring for Children Package. Funding of $1.9 million by 2007–08 is provided to deliver AFDM services to enable extended family and respected Elders to participate in decision making about the care and protection of the children in their community who have been notified to Child Protection.
The core model of service has been developed from the principles of decision making concerning Aboriginal children and young people as first expressed in the Children and Young Persons Act 1989 and later extended under the Children, Youth and Families Act 2005. The target group of Aboriginal families where a child/ren or young person’s need for protection was notified to Child Protection and subsequently had their safety concerns substantiated could be referred to the AFDM program. This means an AFDM meeting may be used for protective planning in the first instance as well as statutory best interests planning and review when a protective order is in place.
An AFDM involves, wherever possible, the child, the child’s parent(s), members of the extended family and other members of the Aboriginal community, and is convened to make decisions in relation to the child’s safety, development and wellbeing, including placement in out-of-home care. While the Children, Youth and Families Act extends the use of family decision making meetings to community-based family and out-of-home care services, this document refers only to AFDM as delivered in partnership between Child Protection and Aboriginal community-controlled organisations in response to referrals from within Child Protection.
The AFDM Statewide Working Group identified the following statements to describe the unique characteristics of AFDM.
AFDM is a culturally respected meeting involving the child or young person, significant others of the child or young persons community, Elders and agency staff.
The purpose of a meeting is for decisions to be made by families (inclusive of extended family members) in regard to protecting a child at risk of harm.
[AFDM is] the use of a child-centred focus and strengths-based approach, with consideration of the needs and wellbeing of the whole family.
Meetings occur at a venue of the family’s choice.
There is use of private time.
It is a community developed model.
The preparation and formulation of an AFDM is created between a community convenor, Elder and Child Protection (CPW5) convenor in a partnership approach.
Families are the foundation of Aboriginal communities.
‘The preservation of Aboriginal families and protection of Aboriginal children is the responsibility of both the individual families and the Aboriginal communities. To empower families and communities to have control over addressing their own issues allows for realistic change. The ability of all these people to work together will allow for the effects of change to be implemented in ways that are of benefit to all involved and will allow for the opportunities to maintain an Aboriginal child/young person’s link to community, encouraging stronger families and communities’.
It is intended that future development of the service will enable provision for an expanded capacity in all regions and communities and the opportunity to offer AFDM to families as an early intervention and prevention strategy.
*Note: Use of the term Aboriginal throughout this document is inclusive of all Aboriginal and Torres Strait Islander people.
- Introduction
- Background
AFDM in Victoria is based on the family group conferencing (FGC) model and traditional decision making and dispute resolution practices in Aboriginal communities. The FGC process was first developed and introduced in New Zealand in response to a number of major concerns about New Zealand child welfare services. Variants of this approach are beingused in child welfare and youth justice settings in Australia, the United States, Israel, the Netherlands, as well as all the countries of Scandinavia and the United Kingdom.
In response to the concerns identified in New Zealand, the Children, Young Persons and their Families Act that followed in 1989 emphasised the importance of family and cultural identity in handling matters related to child welfare. The FGC was introduced as the central process for decision-making in statutory civil actions relating to the care and protection of children.
In Victoria, FGC was first introduced to Child Protection services in 1992. The Department of Human Services undertook a pilot program in 1994 before implementing FGC statewide in 1996. The Monash University Social Work Department conducted an evaluation of the statewide implementation in 1999, with positive findings. These included that FGC: was achieving its aims; involved family members in planning, built partnerships between families and professionals; and increased awareness of ‘child-centred, family-focused practice’.
With the enactment and subsequent implementation of the Children, Youth and Families Act the AFDM model was further embedded in practice through legislation. The goal of the AFDM program is to deliver culturally based decision making within Child Protection. This includes the capacity to divert matters concerning the safety and wellbeing of Aboriginal children from court proceedings, reduce re-reporting and statutory intervention, and to improve kinship options in placement, support and care arrangements.
The model uses traditional Aboriginal approaches to solving family problems and involves Aboriginal Elders and the extended family. The AFDM model allows Aboriginal families the opportunity to meet and explore options to improve their family situation in a supported cultural environment. It also allows families to gain an understanding of the risks of harm to children, and how the family can be supported to overcome any difficulties they may be facing.
2.1.1Aboriginal Family Decision Making pilot
The Rumbalara Aboriginal Co-operative, the Department of Human Services and Child Protection in Shepparton developed AFDM in 2002 in response to concerns about the over-representation of Aboriginal children in both the child protection and out-of-home care systems, and the failure of traditional child protection case planning approaches to engage Aboriginal families and effect any long-term change. The Shepparton AFDM program, while being based on the FGC model, has a strong emphasis on involving Elders and other members of the local Aboriginal community.
The goal of the AFDM program is to deliver culturally based decision making within Child Protection. This includes the capacity to divert matters concerning the safety and wellbeing of Aboriginal children and young people from court proceedings, reduce re-substantiations and statutory intervention, and to improve kinship options in placement, support and care arrangements.
The Shepparton AFDM program has successfully operated, initially as a demonstration model, in the local area since November 2002. An evaluation of the demonstration program by Linage International in 2003 found very positive outcomes in relation to the retention of children and young people within their Aboriginal family group. For example, of the 12 families (29 children) who had received the service none had progressed further into the child protection system. The program has achieved a high level of engagement and acceptance among Elders and Aboriginal family members, as well as being highly regarded by both Rumbalara and Child Protection.
2.1.2Progress of AFDM
On the basis of the success of the Shepparton AFDM demonstration program, and through identifying the foundations of an effective and culturally attuned service model, plans were made to see the AFDM program implemented across the state.
The 2004–05 State Budget provided $800,000 rising to $1.9 million by 2007–08 to deliver AFDM services across the state. The budget allocation provided for the program to be implemented in stages: 2004–05 – $800,000, 2005–06 – $640,000, 2006–07 – $410,000 and 2007–08 – $42,000. In the first year the Shepparton–Hume program received ongoing funding and programs were able to commence in the North and West and Loddon Mallee regions.
A statewide AFDM steering group was established in June 2004 to oversee the program’s implementation across the state. The steering group, convened by the Aboriginal Children and Families Unit, has representation from regional Child Protection and Aboriginal community-controlled organisations (ACCOs). In July 2004, all regions other than Hume that had already developed their AFDM program through the demonstration project were given an allocation of $27,000 in non-recurrent funds to undertake the planning and development of a regional program. Regional proposals, including one from Hume in relation to extending the service to other parts of the region, needed to be based on the core model developed through the Shepparton program and demonstrate:
- the level of demand indicated by the number of Aboriginal children and young people in the regional child protection and out-of-home care system
- the partnership between regional Child Protection and local Aboriginal communities in relation to developing and delivering AFDM
- a service design that would achieve the aims and expectations of the AFDM program.
2.2Purpose
AFDM is an approach to decisionmaking and planning for Aboriginal children subject to Child Protection intervention where abuse has been substantiated. AFDM is guided by cultural tradition, actively involves the child’s family and Aboriginal community, and is grounded in a partnership between regional Department of Human Services Child Protection and the local Aboriginal community.
Significant preparatory work with family members occurs prior to the decision-making meeting, which is co-chaired by the Department of Human Services convenor and an Aboriginal community convenor and attended by the family and community Elders. The primary goal of AFDM is the safety and wellbeing of Aboriginal children and young people who are at risk of abuse and neglect.
2.3Scope
Activity: Aboriginal Family Decision Making program
Activity number: 31165
2.4Target group
Within the Aboriginal family services activity, the services provided within this activity have a defined target group as follows:
- AFDM – Aboriginal children subject to Child Protection intervention where abuse or neglect has been substantiated.
AFDM programs are funded to provide opportunities to become actively involved in the planning and decision-making process to families whose children have been notified to Child Protection and found to be in need of protection as defined in the Children, Youth and Families Act. This Act became effective on 23 April 2007 and guides the actions of family services, Child Protection and placement services across the state.
The Children, Youth and Families Act places respect for Aboriginal culture, self-management and self-determination at the heart of the principles guiding practice across the sector. Section 10 of the Act states that ‘the cultural and spiritual identity of Aboriginal children/young people is to be protected and promoted’.
Division 4 of the Children, Youth and Families Act (section 12, section13 and section14) strengthens the requirements relating to the case management, decision making, planning and placement related to Aboriginal children involved in the statutory system. The Act enshrines the Aboriginal child placement principle. These are significant changes and represent the continued commitment between the department, Aboriginal communities and organisations to ensure positive outcomes for Aboriginal children in Victoria. Where possible it is preferable that AFDM be offered to a family on behalf of the children prior to a protection order being sought or placement in out-of-home care.
The target group for AFDM is Aboriginal children and young people who are current clients of Child Protection and:
- have been notified to Child Protection and the matter substantiated
- are subject to protective intervention, or
- are on an interim or final protection order, and
- are in out-of-home care or at risk of placement in out-of-home care.
In Victoria, Aboriginal children and young people are over-represented in Child Protection and out-of-home care services. This over-representation is evident in notifications, investigations, substantiations and child protection orders. The rate of re-notification is also higher for Aboriginal children than non-Aboriginal children.
There is evidence that the underlying incidence of child abuse and neglect is significantly increasing in the Aboriginal population. Not only have substantiations increased the number of cases with substantiations of the significant or very significant harm categories have also increased.
The department’s integrated strategy report identified Aboriginal parents as having high rates of family violence, substance and alcohol abuse in cases investigated for suspected child abuse and neglect. As with non-Aboriginal parents many Aboriginal parents have more than one of these characteristics. Psychiatric disability is the fourth of the key characteristics associated with child abuse and neglect and in this area the incidence is considerably lower than the other characteristics, as well as in comparison with non-Aboriginal parents.
Consideration needs to be given to how AFDM can achieve better outcomes for Aboriginal children at risk of abuse and neglect as a consequence of family violence, substance abuse and alcohol abuse.
2.5Objectives
The Aboriginal family services activity has two aims:
- to involve members of a child’s Aboriginal community and to provide a cultural approach to decision making and planning for Aboriginal children subject to Child Protection intervention
- to prevent future harm and disadvantage for the most at-risk Aboriginal children by strengthening their parents’ capacity to safely care for them and by addressing the underlying issues that have or may lead to the need for placement in the out-of-home care system.
The services provided within this activity are based on a culturally informed intensive and holistic response to Aboriginal family difficulties, to ensure the ongoing safety of Aboriginal children and young people.
2.6Context
The Children, Youth and Families Act provides a strong framework to ensure the quality of services and care provided to children and families. It allows the department to register a body as a community service if it meets the needs of children requiring care, support, protection or accommodation, and the needs of families requiring support,. The community service must also meet the relevant performance standards determined and published by the Minister.
Quality assurance approaches help ensure services meet a set quality standard and provide a foundation for assuring strong and professional organisations and services that meet the needs of children, young people and families. These approaches include departmental and corporate governance standards, service agreements and a monitoring framework.
Quality improvement involves organisations continually exploring better ways of providing services through strategic planning, continuous learning, evidence-based practice, professional development and evaluation processes.
Family and early parenting services are required to be registered under the Children, Youth and Families Act and to comply with the department’sStandards.
- System and organisational requirements
These requirements relate to system-wide and organisational expectations of service providers that deliver AFDM services on behalf of government. The philosophies, principles and organisational structures of funded organisations must support the provision of high-quality support for Aboriginal children and young people.
3.1Service delivery
ACCOs registered under the Children, Youth and Families Act provide child and family services within Victoria.
Note: AFDM is delivered via a partnership between the Department of Human Services AFDM convenor, located within the Department of Human Services regional office, and Aboriginal community convenors, located within regional ACCOs.