First Nations Children and Families and Permanency Planning Reform: The Evidence Counts

ABSTRACT Major permanency planning-based reforms transformed the New South Wales (NSW) out-of-home care (care) system between 2012 and 2022, in the face of strong, sustained opposition from First Peoples. Permanency, attachment and related notions, including the best interests of the child are all constructs central to permanency planning and crucial factors in judicial decision-making about children’s permanent care arrangements. Doctoral research conducted by the author, a Wiradjuri legal scholar, explored Aboriginal community member understandings of these concepts. With a focus on restoration, this article provides a critical commentary on aspects of the legislative changes implemented in NSW. Outlining literature relating to the reforms, the author notes the substantial lack of evidence from First Nations’ perspectives in support of the legislative changes made. Implications for both First Peoples and for social work are discussed. The article seeks to prompt reflection by social workers on how such evidence vacuums can cause harm to First Nations children and young people in statutory care. Social work spheres within child welfare and associated scholarship must centre First Peoples’ knowledge and experiences. If not, crucial conceptual and practice-related issues will remain poorly understood and profound child welfare system-related trauma caused to First Nations children and families will be perpetuated. IMPLICATIONS System reform relating to permanent care arrangements of First Nations children and young people must be grounded in First Nations-led evidence, including on permanency and attachment, and it must centre First Peoples’ perspectives and lived experience. Understanding and taking into account the perspectives of First Peoples is an important action social workers and other practitioners from non-Indigenous backgrounds must take in supporting First Nations children and families involved in care matters. Hence, there is a need for critical reflection in the social work sphere, about how child protection policies and legislation may benefit, or create harm to, First Nations communities. Advocacy for systems change is an important action social workers can take, when governments propose policies that First Peoples view as detrimental to support the long-term wellbeing of First Nations children.