From the Front Line: The State as a Failed Parent

Abstract

The focus of this article is young women aged 16–17 years who, while in State care in New South Wales gave birth, and from whom the child was then removed by the same department that is responsible for the mother's care. This topic is rarely examined due to two constraints. One is the lack of available data about the incidence of events of this kind. The second is the confidentiality provision in the New South Wales Children and Young Persons (Care and Protection) Act 1998 which defines the Children's Court as a closed court and prohibits the reporting of identifiable case information.As a consequence much of this article is based on the authors' direct observation of cases involving young women of this age that they have encountered while undertaking professional duties in the Children's Court. The article also explores the further issue of the adoption of children removed from mothers who are still in State care.Because of the lack of data this article can be classified as an opinion piece which attempts to raise awareness about an important care issue. The article has a New South Wales focus but the authors expect that the same concerns are echoed in other Australian states and territories.