❓ Hon Maryka Groenewald questions the Minister for Child Protection regarding the removal of a child from parental custody due to the parents' failure to affirm the child's transgender identity. The Minister clarifies the legal criteria and process for child removal, stating that failure to affirm a child's transgender identity is not, in itself, sufficient grounds for intervention.
AnsweredQoN 1190Legislative Council
QuestionView source ↗
Department of Communities—Transgender children
1190. Hon Maryka Groenewald to the minister representing
the Minister for Child Protection:
I refer to the 2019
case of a 15-year-old girl who was removed from her parents' custody on the
grounds of emotional abuse for failing to recognise her male gender identity.
(1) What is the criteria and process surrounding
removal by the Department of Communities?
(2) Is failing to confirm a child's transgender
identity grounds for intervention by the Department of Communities?
1190. Hon Maryka Groenewald to the minister representing
the Minister for Child Protection:
I refer to the 2019
case of a 15-year-old girl who was removed from her parents' custody on the
grounds of emotional abuse for failing to recognise her male gender identity.
(1) What is the criteria and process surrounding
removal by the Department of Communities?
(2) Is failing to confirm a child's transgender
identity grounds for intervention by the Department of Communities?
AnswerView source ↗
The Department of
Communities advises the following.
(1)–(2) Communities follows the legal
criteria for removal of a child from their legal guardian or parent under
section 28(2) of the Children and Community
Services Act 2004 , which defines when a child is in need of protection.
The process involves interviews with the child, their parents and, where
appropriate, other significant people in the child's life. The physical process
of removing a child or young person depends on
their individual circumstances and is guided by the needs and best interests of
the child or young person. Failing to affirm a child's transgender identity
is not in itself sufficient rationale to justify a child entering care.
Communities advises the following.
(1)–(2) Communities follows the legal
criteria for removal of a child from their legal guardian or parent under
section 28(2) of the Children and Community
Services Act 2004 , which defines when a child is in need of protection.
The process involves interviews with the child, their parents and, where
appropriate, other significant people in the child's life. The physical process
of removing a child or young person depends on
their individual circumstances and is guided by the needs and best interests of
the child or young person. Failing to affirm a child's transgender identity
is not in itself sufficient rationale to justify a child entering care.
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