ACWA 08

1
ACWA 08

• Strong safe sustainable
• 18-20 August 2008
• High needs children at the interface of care and
  crime
• A presentation by Roderick Best
• Director, Legal Services
• NSW Department of Community Services

2
ACWA 08

• No child shall be separated from his parents
  against his will, except when a judicial
  authority determines in accordance with the
  appropriate law, that such separation is in the
  best interest of the child.
• Article 9 CROC

3
ACWA 08

• No child shall be deprived of his or her liberty
  unlawfully or arbitrarily.
• Article 37 CROC

4
ACWA 08

• Ways to avoid conundrum
• bringing the child into care
• merging care and criminal proceedings
• recognising limitations of casework

5
ACWA 08

• Bringing the child into care
• alternatives to maintain family
• satisfy grounds for court decision-making
• improved care and protection
• provision of special assistance to those deprived
  of family

6
ACWA 08

• Bringing the care system into the criminal
• separation for procedural issues
• a separation too far
• case by case merger

7
ACWA 08

• Child Welfare Agency actions
• no power of involuntary examination
• no power of involuntary containment
• no existing trusting relationship
• no background information
• no information on other supports
• no assurance about impaired care and protection

8
ACWA 08

• Possible responses
• continuity of case management
• identification of needs
• tailoring services

9
ACWA

• Thank you