This law was introduced (alongside *Community Welfare Act 1987* and *Children's Court Act 1987*) to cover children in need of care and protection, including children in institutions, foster care and state wards.

Children (Care and Protection) Act 1987 (NSW)

From 1987, laws and policies began to incorporate the Aboriginal Child Placement Principles (ACPPs), which aim to prioritise the placement of Aboriginal children with their extended family or kinship group, members of their Aboriginal community, or local Aboriginal families and involve Aboriginal families and organisations in decision-making about placement. However,...

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles 

Specific laws for the removal of Aboriginal children ended in 1969. From this time Aboriginal children were placed under the child welfare system used for all children in NSW. However, the grounds for removal have resulted in a disproportionate impact on Aboriginal children and their families.

Contemporary grounds for child removal 

When the Aborigines Protection Act 1909 (NSW) ended in 1969, the care and welfare of Aboriginal children came under the Child Welfare Act 1939 (NSW) (DOC0236).

Newborn removal 

Permanency planning is the making of a plan that aims to provide a child with a stable and secure long-term placement following removal  from their family. The principles of permanency planning first emerged in the 1970s in the United States of America and the United Kingdom.

Permanency planning 

Following the end of the Aborigines Protection Act 1909 (NSW) in 1969, placement of Aboriginal children in foster home and out-of-home care was governed by general child welfare laws. There has been an increasing focus on maintaining familial and cultural connections.

Foster homes and out-of-home care 

Developments in law and policy have seen a shift from Aboriginal children primarily being adopted by non-Aboriginal families, towards permanently placing Aboriginal children with Aboriginal families. However, this attempt to preserve and promote cultural and familial identity in children needing care has not been as effective in practice as intended.  

Prioritising adoption by Aboriginal families

Placement of Aboriginal children in out of home care with non-Aboriginal families has played a major role in breaking cultural links, including to languages.

Document

Children (Care and Protection) Act 1987 (NSW)

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles

Contemporary grounds for child removal

Newborn removal

Contemporary grounds for child removal

Permanency planning

Foster homes and out-of-home care

Prioritising adoption by Aboriginal families

Contemporary placement of Aboriginal children with non-Aboriginal families