❓ A WA parliamentary question addresses the disproportionate removal of Aboriginal children from families, referencing a Human Rights Watch report and seeking details on support provided to mothers escaping family violence and homelessness. The government response outlines existing policies and collaborative efforts.
AnsweredQoN 420Legislative Council
QuestionView source ↗
I refer to the Human Rights Watch’s 2025 report entitled, 'All I know is I want them home: Disproportionate Removal of Aboriginal Children from Families in Western Australia', and I ask: (a) what is the Government’s response to this report; (b) noting that exposure to family violence was found in the report to be a key factor in taking Aboriginal children into care, and that mothers reported being scared to seek help for family violence out of fear that their children would be removed: (i) what level of support do child protection caseworkers who assess these cases offer to mothers who are seeking to escape family violence with their children; (ii) do child protection caseworkers assist with restraining order applications; and (iii) do child protection caseworkers assist with finding accommodation that is both suitable and stable; (c) the report found that homelessness was a key factor in taking children into care. Is this consistent with departmental policy; (d) how closely will child protection caseworkers work with housing departmental staff to ensure mothers facing homelessness have safe housing for their children; and (e) is it general practice for child protection caseworkers to work directly with housing department staff to secure suitable housing that supports the safety of children at risk of entering state care?
AnswerView source ↗
Answered
16 September 2025
Responded by
Minister for Agriculture and Food representing the Minister for Child Protection
Response time
8 days
(a) The Department of Communities (Communities) is committed to keeping children safely at home with their families, where this is possible. Where this is not possible, the Department does not waver in its duty to remove children from dangerous environments. A recommendation to bring a child into care is only made as a last resort and the final decision always rests with the Children’s Court. Under the Children and Community Services Act 2004 , as set out in section 7, the best interests of the child is the paramount consideration when performing a function or exercising any powers under the Act.
(b)
(i) The level of support provided to women and children escaping family and domestic violence is tailored to meet the individual needs of each case and will be determined based on the unique needs and presenting safety issues for the child and family, including the assessed level of risk.
(ii) Communities can, where appropriate, apply for a Family Violence Restraining Order (FVRO) on behalf a child. Child Safety Practitioners can also support a victim-survivor in seeking a FVRO.
(iii) Child Safety Practitioners provide direct support and, when required, assist with information to find safe and suitable accommodation.
(c) The Children and Community Services Act 2004 sets out the grounds for protection and care of a child. These include physical abuse, sexual abuse, emotional abuse and neglect. Inadequate housing or homelessness is not, of itself, a sufficient rationale to justify a child entering care but can co-exist with other complex factors that impact on child safety.
(d - e) Communities has worked closely with housing staff to develop a shared policy approach and reduce barriers to accessing suitable housing for victim-survivors of family and domestic violence.
(b)
(i) The level of support provided to women and children escaping family and domestic violence is tailored to meet the individual needs of each case and will be determined based on the unique needs and presenting safety issues for the child and family, including the assessed level of risk.
(ii) Communities can, where appropriate, apply for a Family Violence Restraining Order (FVRO) on behalf a child. Child Safety Practitioners can also support a victim-survivor in seeking a FVRO.
(iii) Child Safety Practitioners provide direct support and, when required, assist with information to find safe and suitable accommodation.
(c) The Children and Community Services Act 2004 sets out the grounds for protection and care of a child. These include physical abuse, sexual abuse, emotional abuse and neglect. Inadequate housing or homelessness is not, of itself, a sufficient rationale to justify a child entering care but can co-exist with other complex factors that impact on child safety.
(d - e) Communities has worked closely with housing staff to develop a shared policy approach and reduce barriers to accessing suitable housing for victim-survivors of family and domestic violence.
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