Page 1850 - Week 06 - Thursday, 30 July 2020
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• obtaining consent from the birth parents is a requirement, as is the case for all adoptions in Australia. Often this requires the identification and location of one of the birth parents;
• if consent is not obtained voluntarily, a request for dispensation of the birth parents’ consent must be lodged with the Supreme Court by providing compelling evidence to demonstrate that the adoption is in the child’s best interest. At any stage, the child’s birth parents can seek legal representation opposing the application;
• a child’s cultural identity may be raised or disputed and this needs to be considered and investigated as part of the adoption process;
• the child’s views and wishes are considered;
• contact agreements and arrangements are in place (where appropriate) and these arrangements are working effectively; and
• establishing that the child or young person is in a stable and secure placement with the prospective adoptive parent/s.
The decision to progress with the adoption of a child is one of the most serious legal actions that can be taken. Adoption legally and permanently changes the parental rights and responsibilities for a child from the birth parent to the adoptive parent. The ACT Government takes this responsibility very seriously and all care is taken to provide comprehensive information to the Supreme Court to inform the best decision possible in the best interests of the child or young person.
2.
a. Refer to response to Question 1.
b. No Aboriginal or Torres Strait Islander child or young person has been adopted in the past five financial years in the ACT.
c. Refer to response to Question 1.
Children and young people—adoptions
(Question No 3058)
Mrs Kikkert asked the Minister for Children, Youth and Families, upon notice, on 19 June 2020:
In relation to known child adoptions in the ACT, given that the 2018–19 annual report for the Community Services Directorate states that the Strategic Policy body is ‘progressing a culturally appropriate policy position for permanency or adoption’ (p 48), has Strategic Policy finalised this policy position; if so, can the Minister provide it as an attachment to this answer or if it cannot be attached, when will it be publicly released; if not, when does the Minister expect this policy position to be finalised.
Ms Stephen-Smith: The answer to the member’s question is as follows:
On 2 October 2019, the Community Services Directorate (CSD) hosted a workshop with members of the Aboriginal and Torres Strait Islander community to agree a policy position on adoption for Aboriginal and Torres Strait Islander children and young people who are on a Care and Protection Order. The workshop consensus confirmed a policy position that adoption is not suitable or appropriate for Aboriginal and Torres Strait Islander children and young people who are on a Care and Protection Order, without exception.
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