Parents with disability face discrimination in child protection systems

The Disability Royal Commission has published a new report titled Parents with disability and their experiences of child protection systems, conducted by researchers from the University of Technology Sydney (UTS) and Western Sydney University.

The report was led by UTS Associate Professor Teresa Libesman, who researches in the fields of children and law, and Indigenous peoples and the law, with a focus on national and comparative international models for Indigenous children's well-being. 

“The voices of parents with disability and those who support and work with them are often not given space or heard in child protection research, practice and decision making," said Associate Professor Libesman. 

"This is especially the case for First Nations and culturally and linguistically diverse parents with disability. This project therefore aimed to makes these voices and experience of child protection systems the central focus,” she said. 

The literature and fieldwork show that once involved in child protection systems, parents with disability are significantly more likely to have their children removed from their care. 

Associate Professor Teresa Libesman 

In the report, interviews were conducted with parents with disability, advocates, caseworkers, service providers, Children’s Court clinicians and lawyers in New South Wales and Victoria to hear from those who have experience with child protection systems.

From these interviews, participants outlined examples of risk assessments being conducted in ways that didn’t accommodate for their disability or cultural background.

The report states that the combination of disability and risk is one of the most explicit forms of discrimination parents with disability face. This is magnified for First Nations parents with disability.

“The literature and fieldwork show that once involved in child protection systems, parents with disability are significantly more likely to have their children removed from their care,” Associate Professor Libesman said.

“They also experience differential treatment with respect to where, how long and with whom their children are placed following their removal."

The report finds that parents with disability are over-represented as subjects of child protection allegations, investigations and proceedings.

According to Associate Professor Libesman, child protection departments are less likely to work towards reunifying parents with disability or to refer parents with disability to parenting support services.

“For many parents with disability involved in the child protection system, the removal of their children from their care is permanent, and often extends to subsequent children.” 

“This is worse for First Nations parents with disability. There is little published research available with respect to culturally and linguistically diverse parents with disability.” 

The findings indicate that law, policy, practice and funding reforms are necessary for parents with disability to uphold their human rights and look after their children where practicable.

“This report has made recommendation for law and policy reform, which if implemented will reduce unnecessary forced and permanent removal of children from parents with disability," Associate Professor Libesman said. “Parents with disability need to be central to all reform processes.” 

Twenty-seven recommendations are made in the report, including:

• Access to safe, secure and accessible social housing must be urgently increased.
   
• Social supports for parents, including social payments and housing, continue for a minimum of 12 months after final care and protection orders are made.
   
• A social justice package be established to assist parents with disability who have experienced child removal or who were themselves removed from their families when children.

Read the report: Parents with disability and their experiences of child protection systems