Queensland election priorities for CREATE

In 2023, some key organisations looked into how we can make life better for kids living in residential care homes in Queensland. This group included the Queensland Family and Child Commission (QFCC), PeakCare (which helps with out-of-home care), and the Department of Child Safety, Seniors and Disability Services. They talked to lots of people around the state to understand the problems and figure out how to make things better for kids in residential care (DCSSDS et.al., 2023a; QFCC, 2023; Queensland Government, 2024a).

The main goal was to make sure that kids feel safe, happy, and supported where they live. They also wanted to help fewer kids live in residential care homes and more kids live with families or within their communities. This plan for how to make this happen is outlined in the Roadmap for Residential Care in Queensland and it has 5 main areas to help kids. The main idea is to listen to what kids and young people have to say. The following diagram (DCSSDS et. al., 2023a) shows what the goals of the model are:

The report came up with some good ideas to help kids in care, especially in residential care homes:

• Talking to kids: Set up a group called the Ministerial Youth Advisory Board where kids can share their experiences of being in care.
• Complaints process: Make a simple and child-friendly way for kids to tell adults if something is wrong or if they have any problems.
• New care models: Try out new ways of caring for kids to see what works best, especially for kids who need special help, like disability or mental health support.
• Family contact: Work with care homes to help kids stay in touch with their families and make this a big part of how the homes are run.
• First Nations priorities: Partner with Aboriginal and Torres Strait Islander organisations to create new ways to bring families back together and support these communities better.
• Family-based care: Try new ideas to help kids live with families right away instead of going to care homes. This includes making sure foster and kinship care are the first choices in emergencies.
• Support for carers: Give more money and help to the families who take care of kids and make sure they have access to counselling and other support services.
• Care workforce: Plan for the future to make sure there are enough people trained and ready to take care of kids in the best way possible.

These recommendations are happening now by the current government. However, it is important that the Queensland Government continues to listen to the voices of children and young people in when making changes to the residential care system because these changes will directly affect them and their communities.  

The new Government must

• Implement all recommendations from the Roadmap for Residential Care in Queensland within the times agreed by the current government – that means within the next 3 years. Expediating this process will show a firm commitment to change and ensure that young people in care are safe, well and supported to raise their voices and concerns. There is too much at stake to not act on these recommendations.

Young people with a care experience can find it harder to manage money and find a safe place to live as they don’t always have family to help them out when things get tough. This is more difficult in current times as the cost of living is high (Mendes et al., 2011). To help with this, the Queensland Government has agreed to something called the Extended Post Care Support package, which includes the option to continue living with carers or $16,000 per year for young people living on their own. This initiative has the potential to dramatically change the lives and trajectory for young people leaving care (McDowall, 2020). However, young people still say that they are worried about how much planning goes into leaving care and whether they get to be part of these plans.

The new Government must

• Continue with the current Government’s goal of an evaluation to understand how Extended Post Care support is working and what difference it’s making. This will help to make sure the concerns raised by young people leaving care in relation to the cost of living and housing crises are heard and responded to.
• More types of houses/housing options to be provided to young people leaving care, with a commitment from the government to have housing guaranteed for young people with a care experience up to the age of 25. This should include:
  • Help with rent or a rental subsidy that is targeted for young people leaving care up to age 25 to help them enter the private rental market and maintain their tenancies.
• A review of the Next Step Plus Support Program to understand if the help matches what kids need and if there are enough resources to keep this help going strong.
• Have more staff within the department who are experts in transitions from care to manage transition from care issues.
• The new government should prioritise and fund Aboriginal and Torres Strait Islander organisations to manage transitions from care. This is to make sure there is culturally safe and appropriate support for First Nations young people leaving care, particularly in rural or remote areas.

A lot of kids who live in residential care get into trouble with the law and become known to the Youth Justice system. This is sometimes called ‘care-criminalisation’, which means many of the times these children get into trouble, it’s because of things that have happened in their home or care arrangement (McFarlane, 2018). Understanding the perspective that considers the criminalisation of young people in care, especially residential care, the impact of racism and the over-representation of Aboriginal and Torres Strait Islander young people in the Youth Justice system, experiences of poverty, and the impact of contact with the police, it’s clear the system is not child focused.  

In Queensland, experts and newspapers say:

• Fewer kids are getting into trouble with the police for the first time, but the kids who do get in trouble are getting into trouble more often. This is a big problem, and experts are calling it “entrenched” behaviour, which means these patterns are very hard to change (Parke, 2024).
• People in communities, on TV, and in newspapers say that places outside the big cities are feeling the impact of this behaviour the most. People are really scared of young offenders, and this fear also affects kids in the care system (Parke, 2024). Many of the kids in child protection and Youth Justice are First Nations and there is a lot of racism in these regional communities (Day, 2024).
• Providing help early on and preventing kids from offending or coming to police attention is considered the best way to deal with this problem. Both the state and federal governments are giving money to make this work. Community leaders and elders agree that helping in a way that respects cultural traditions is very important.

The current Queensland Government made a controversial announcement changing the principle of detention within the Youth Justice Act. This principle affects those aged 10 to 18 and previously indicated that detention would be considered as a last resort. The new principle reads:

“A child should be detained in custody, where necessary, including to ensure community safety, where other non-custodial measures of prevention and intervention would not be sufficient, and for no longer than necessary to meet the purpose of detention.” (Queensland Government, 2024b)

The announcement is in response to the current Government’s efforts in engaging with the state’s new Community Safety Plan. This means kids can be put in detention if it is needed to keep people safe and if other ways to help them are not enough. Some groups, including CREATE, have been asking the government to raise the age when kids can be held responsible for crimes. They want this age to be higher than 10, but the government has not made any changes yet (Day, 2024). In fact, it seems like they want to keep things the same.

The Human Rights Law Centre (HRLC) says that Queensland puts more kids in detention than any other part of Australia. They are worried because a lot of Indigenous young people are locked up more often than non-Indigenous young people (HRLC, 2024). Kids in detention sometimes do not get enough healthcare, education, good food, sunlight, sleep, cleanliness, and chances to talk to others.

Because of this, the HRLC is asking the government to:

1. End the detention of children in inhumane police watch house cells.
2. Raise the age of criminal responsibility to at least 14, with no exceptions.
3. Abolish reverse onus bail laws unnecessarily trapping children in police and prison cells.

(HRLC, 2024)

We cannot continue to accept the over-representation of children with a care experience in the Youth Justice system.

The new Government must:

• Stop putting young people in adult prisons when they are waiting to be interviewed, get bail, go to court, or be transferred to a youth detention centre.
• Improve how kids and young people are treated in justice systems. This means giving better training to workers and police officers to understand trauma, disabilities and kids’ rights. Also, explain court processes in a way kids can understand and make sure workers know how to help kids with trauma.
• Focus on helping kids early on and find out what support they need to avoid getting into trouble. This includes checking if they need more help with family, school, health, housing and money. They must also consider what Indigenous kids need and provide safe and culturally aware support.
• Watch early intervention programs closely to see if they really work and can be used everywhere in Queensland. Make sure that helping and supporting kids is the responsibility of the system, not the young person.
• Speed up the change to raise the age of criminal responsibility to 14 without exceptions and the minimum age for detention to 16 in the first year of the new Government.
• If detention is needed for kids, it should be in a centre made for young people, with therapy and support to help them. These centres should be safe and focus on healing, especially for kids who have been in care.
• Review how often police cautions and referrals to support services are not used for kids. This will help everyone understand these measures better and improve how kids are referred to support services.

The Delegated Authority (DA) approach is a big step to make sure that Aboriginal and Torres Strait Islander children are cared for in a way that keeps them safe and respects their culture. The approach shifts some decision making that usually sits with Child Safety to different Aboriginal and Torres Strait Islander organisations. This plan is about helping more Aboriginal and Torres Strait Islander kids connect with their families and be happy and healthy (DCSSDS, 2023b).

People from the Department are working together with the Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) to make this happen. They have a 10-year plan called the Our Way Strategy. The goal is to give more power to Aboriginal and Torres Strait Islander people and organisations because they know best how to take care of their own children and families (DCSSDS et. Al., 2023b; DCSSDS, 2023c; QATSICPP, 2023). This new approach is expected to improve outcomes for young Indigenous Australians for example, in increasing the rate of reunification of Aboriginal children with their families, as Queensland currently has a low rate of reunification compared to some other Australian jurisdictions (SNAICC, 2023).

This plan will help more kids stay with their families and make sure they are happy and safe. But it’s very important that the new Government supports this plan every step of the way to make sure it works well. Aboriginal and Torres Strait Islander Community Controlled Organisations need enough resources and support so they can lead the way and implement this new approach.

The Queensland Government should keep focusing on helping children from First Nations backgrounds. Right now, the Government gives money to help families before a child goes into care, but once a child is in care, there isn’t enough support from Aboriginal and Torres Strait Islander organisations. This is an especially big problem in residential care, because almost half (47%) of the kids in residential care are Aboriginal and Torres Strait Islander (SNAICC, 2023).

In order for there to be a genuine commitment for improved outcomes for Aboriginal and Torres Strait Islander children, families and communities, the new Government must:

• Make sure that Aboriginal and Torres Strait Islander Community Controlled Organisations and Aboriginal peak bodies have enough resources to support self-determined approaches to keeping Aboriginal and Torres Strait Islander children safe, well and connected to culture.
• Help support and mentor Aboriginal and Torres Strait Islander Community Controlled Organisations to implement the Delegated Authority model in a way that is respectful and safe.
• Invest in ongoing intervention providers that are culturally appropriate to deliver care.

Australian Institute of Health and Welfare [AIHW]. (2023, June). Child protection Australia 2021–22. Australian Institute of Health and Welfare. https://www.aihw.gov.au/getmedia/2cecbc62-8c65-4031-a6df-5fec9422b0cf/child-protection-australia-2021-22.pdf?v=20240516104741&inline=true

CREATE Foundation. (2023a). CREATE Youth Advisory Group: The views and experiences of young people with an out-of-home care experience in Queensland on Independence and Transition to Adulthood. November 2023. Unpublished.

CREATE Foundation. (2023b). CREATE Youth Advisory Group: The views and experiences of young people with an out-of-home care experience in Queensland on Sibling Contact. September 2023. Unpublished.

CREATE Foundation. (2023c). CREATE Youth Advisory Group: The views and experiences of young people with an out-of-home care experience in Queensland on experiences in residential care and stigma. June 2023. Unpublished.

CREATE Foundation. (2023d). CREATE Youth Advisory Group: The views and experiences of young people with an out-of-home care experience in Queensland on connection with family and community as First Nations Australians. February 2024. Unpublished.

Day, J. (2024). Queensland Government cops criticism following change to youth justice laws. PS News; Region Media. https://psnews.com.au/queensland-government-cops-criticism-following-change-to-youth-justice-laws/133756/

Department of Child Safety, Seniors and Disability Services [DCSSDS]. (2023a). A Roadmap for Residential Care in Queensland A Roadmap for Residential Care in Queensland. https://www.dcssds.qld.gov.au/resources/dcsyw/about-us/reviews-inquiries/residential-care-review/roadmap-residential-care-qld.pdf

Department of Child Safety, Seniors and Disability Services [DCSSDS], & QATSICPP. (2023b). Reclaiming Our Storyline: transforming systems and practice by making decisions in our way. Department of Child Safety, Disability Services and Seniors. https://www.dcssds.qld.gov.au/resources/dcsyw/aboriginal-torres-strait-islander-families/reclaiming-our-storyline.pdf

Department of Child Safety, Seniors and Disability Services [DCSSDS], QATSICPP, Family Matters Queensland, & Queensland Children and Families First. (2023c). Breaking Cycles: An action plan: co-designing, developing and implementing services with and for Aboriginal and Torres Strait Islander children and families. Department of Child Safety, Disability Services and Seniors. https://www.dcssds.qld.gov.au/resources/dcsyw/aboriginal-torres-strait-islander-families/supporting-families/breaking-cycles-action-plan-2023-25.pdf

Human Rights Law Centre (HRLC). (2024). Children hurt by Queensland Government’s race-to-the-bottom on youth justice. Human Rights Law Centre. https://www.hrlc.org.au/news/2024/01/31/qld-yj

McDowall, J. J. (2020). Transitioning to Adulthood from Out-of-Home Care: Independence or Interdependence? CREATE Foundation. http://54.66.109.242/wp-content/uploads/2021/05/CREATE-Post-Care-Report-2021-LR.pdf

McFarlane, K., Colvin, E., McGrath, A., & Gerard, A. (2018). “Just another policy document?” Can a protocol end the criminalisation of kids in care? Alternative Law Journal, 44(1), 37–42.

Mendes, P., Johnson, G., & Moslehuddin, B. (2011). Young people leaving state out-of-home care: Australian policy and practice. North Melbourne: Australian Scholarly Publishing.

Parke, E. (2024). “We’re losing a generation of kids” as youth offender rates increase for first time in more than a decade. ABC News. https://www.abc.net.au/news/2024-05-08/youth-offender-rates-increase-first-time-decade/103279708

QATSICPP. (2023). Implementing Delegated Authority -Capturing Our Story. QATSICPP. https://coe.qatsicpp.com.au/wp-content/uploads/2022/05/Implementing-DA-Capturing-Our-Story-Oct-2021-Final-1.pdf

Queensland Family and Child Commission [QFCC]. (2023). Residential Care Review | Queensland Family and Child Commission. QFCC. https://www.qfcc.qld.gov.au/sector/monitoring-and-reviewing-systems/residential-care-review

Queensland Government. (2024a, February 7). Review completed into residential care system for children and young people. Ministerial Media Statements; Queensland Government. https://statements.qld.gov.au/statements/99667#:~:text=The%20government%20initiated%20the%20review

Queensland Government. (2024b, May 1). Miles Government re-writes Charter of Youth Justice Principles. Ministerial Media Statements; Queensland Government. https://statements.qld.gov.au/statements/100213#:~:text=The%20principle%20will%20be%20redrafted

SNAICC (2023). Family Matters Report, SNAICC. https://www.snaicc.org.au/wp-content/uploads/2023/11/Family-Matters-Report-2023.pdf