Adoption from care in Australia: Informing the debate Susan Tregeagle Lynne Moggach
Why do we need to think about adoption from care? Important current debate: • NSW has strongly embedded adoption from care in legislation • Controversy in Federal Parliamentary Inquiry (2015), • Other states are holding significant inquiries exploring adoption - South Australia and Queensland most recently, South Australian Coroners comments • Two recent books on adoption from care The problem confronting us is growing: • Almost 30,000 Australian children in care for more than two years • Approximately 44% of children entering care are under 5 years of age • Instability in long term care – children likely to have 6-8 placements Debate currently draws on trauma of past adoption practice but not the circumstances of children who have suffered extreme abuse and neglect – Stolen Generations – now seen as racist and destructive – Forced adoption of 50s-70s – seen as unjust and the result of poor social policy – Belief children taken too early and families did not get significant help
Barnardos Australia • Sydney, ACT, rural New South Wales- never involved in Stolen Generations but brought out child migrants • 11,000 children in family support program each year • Adolescent homelessness programs – where we are able to see the instability of the OOHC system • Separated foster care into two streams: – Crisis with restoration – Permanent care only after Children’s Court has permanently removed children from their birth family – Half of children in long-term care now adopted – Shift to younger children to prevent systems abuse
Australian Open Adoption Outcomes Research - data • Study of 210 adopted children in 138 adoptive families between 1987- 2013 • Analysis of Barnardos’ administrative files
NSW Legislation to encourage adoption Adoption Acts 2000 (enacted 2003) Consent or Dispensation based on number of grounds, including child has established a stable relationship with their carer; parent cannot be identified/located Adoption Amendment Act 2008 • Section 8. Addition of principle: “undue delay in making a decision in relation to the adoption of a child is likely to prejudice the child’s welfare,” • Section 54. Amendment that parents’ consents are not required if child is over the age of 12 years and has been cared for by the proposed adoptive parents for at least 2 years Children and Young Persons (Care and Protection Act) 1998 Amendment October, 2014 • Altered priority of adoption as an option for children with long-term orders: restoration, kin care, adoption, then parental responsibility to Minister (long-term foster care) • Care plan for children under 2 to be made within 6 months, and for children over 2 within twelve months.(Section 83.5)
One adoptee’s story: Kylie • Mother gave birth at 16 and by 17 had significant substance abuse and suffered repeated violence at hands of partner • Kylie left for long periods in filthy nappies, bruised from hits to face, kicks and tripping, failure to provide food. Thrown down 20 stairs and then thrown against wall by father • Family repeatedly homeless and mother attempted to abort second pregnancy by repeated blows to stomach • Six month old baby brother killed - bleeding behind the eyes, thirteen different head injuries, fractures, internal bleeding in lungs, lacerated liver, no food or water for some days before death • Parents gaoled, three year old Kylie moved to adoptive placement
Children’s experience (n=210) Neglect alone 61 Neglect/emotional abuse 2 Neglect /sexual abuse 8 Neglect /physical abuse 50 Neglect/physical/sexual abuse 26 Neglect /physical/ emotional abuse 17 Neglect/physical/sexual/emotional abuse 6 Physical/emotional abuse 2 Physical abuse alone 4 Abandoned 10 Adoption/kin breakdown 2 Parents Deceased 4 Previous siblings removed alone 14 Adoption consent (no other abuse) 4 170 suffered neglect, 105 physical abuse
Age at 0-11 12-23 2-4 5-11 12+ Total permanent months months years years years placement Total 32 22 71 78 7 210 Many children have experienced abuse or neglect at a young age Note that children come in sibling groups: 10 x 3 siblings, 41 x 2 siblings
Impact on Adoptees • Sixty seven had diagnosed health problems and of these 20 had multiple problems. • 87 receiving mental health support • 102 had significant behaviour problems and 11 were involved in criminal activity during the pre-adoption placement.
Social factors affecting birth parents P rimary birth parent of children Substance Physical Mental Cognitive Violence OOHC Child- Imprisoned Known Previous abuse disability health Impairment in pre- as child hood prior to prior to removals issues adoptive abuse placement FaCS situation Yes 117 25 80 22 113 33 63 15 108 73 No 90 184 130 186 92 160 104 194 100 127 N/K 3 1 0 2 5 17 43 1 2 0 Secondary birth parent of children Substance Physical Mental Cognitive Violence OOHC Child- Imprisoned Known Previous abuse disability health Impairment in pre- as hood prior to prior removals issues adoptive child abuse placement to situation DOCS Yes 87 22 17 8 52 11 19 39 68 46 No 67 138 125 147 110 108 84 103 87 110 N/K 56 50 68 57 48 91 107 68 55 54
Parents had previous children removed We do not know about all subsequent children removed Children previously Primary Birth Secondary Birth or Parent Parent contemporaneously removed 1 28 21 2 22 16 3 12 4 4 11 4 6 0 1 Not known 0 54
Birth parents - many older mothers and fathers Parent’s age at birth of Primary Birth Secondary Birth adoptee Parent (n=210) Parent 15-19 41 11 20-24 64 34 25-29 62 51 30-34 20 32 35-39 19 18 40-44 4 11 45-49 5 50-54 5 55-59 2 Unknown information 16 Unknown parent 25
Emma and John • Chronic domestic violence over 10 years, severe abuse of alcohol, marijuana, ecstasy • Three older siblings removed, but subsequently restored after intensive family support • New baby and then twins • Subsequent increase in criminal convictions, children left with strangers (including a 12 year old on one occasion) • John diagnosed with drug-inducted mental schizophrenia; violence escalated, including to the twins and all children were removed • Twins came into care at 9 months and were placed at 2 years
Legal basis of adoption ADOPTION ORDERS: 1/7/1987 - 30/6/2013 N=210 94 57 35 24 ALL PARENTAL CONSENT CHILD'S CONSENT DISPENSATION CONTESTED
Who offers to adopt children from care? Marital Status Number Stated primary motivation to adopt Number (138) (138) Married/partnership less than 10 46 Infertility 104 years Desire to expand existing family 7 Married/partnership 10 years or more 85 Desire to help a child 20 Single (not married at time of 3 Desire to help a child/expand existing 7 adoption) family Single (Widowed or divorced ) 4 Age Range Primary Secondary Carers (210) Carers (202) Age 25-29 6 6 Age 30-34 21 12 Age 35-39 94 60 Age 40-44 48 66 Age 45-49 34 47 Age 50-54 5 9 Age 55-59 2 2
Socio-economically stable but not affluent Post school Primary (n=138) Secondary (n=131) qualifications No post school 40 (29%) 24 (18%) qualification Trade /Certificate 68 73 /Diploma Graduate and post- 30 34 graduate The greater majority of adoptive parents (n=138) owned their own home, either with a mortgage or free of a mortgage. Only 5 adoptive families lived in rental accommodation and 1 adoptive family lived in free accommodation.
Adoptee’s contact with birth parents (at finalisation of adoption) Contact at adoption p.a Primary Secondary Birth Parent Birth Parent Not applicable eg deaths 24 40 0 contact at all 39 85 1-Face to face 4 6 2-Face to face 52 29 3-Face to face 8 4 4-Face to face 65 34 (recommended) 5+Face to face 16 10 Non face to face 2 2
AGE AT PATHWAYS TO ADOPTION 140 120 100 Number aged <12 months 80 Number aged 12-23 months 60 Number aged 2-4 years Number aged 5-11 years 40 Number aged 12+ years 20 0 Age at first Age at first Age at FAF Age at adoption notification admission to care adoptive placement
What adoptees say about their adoption • “I didn't feel safe before I was adopted. Being adopted helped me, made me feel like safe, secure, in an actual family, not being moved around like someone being shipped, like a toy or something. ” • “[without adoption] I would not have felt the same degree of belonging. And no matter how much they tried to make me feel like I was part of the family, and even if they made exactly the same efforts that they have made for me, I would still be constantly reminded of that. That would have brought up insecurities and made me question more like whether I really belong, whether I was really part of the family, whether I was really the same as everybody else. ”
The End Australian Open Adoption Outcomes study will explore the post adoption outcomes www.aoaoresearch@barnardos.org.au
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