FAMILY DRUG COURTS: AN OPTION FOR THE CHILD PROTECTION SYSTEM IN AUSTRALIA?

Transcription

1 NAJC Conference May 2010 FAMILY DRUG COURTS: AN OPTION FOR THE CHILD PROTECTION SYSTEM IN AUSTRALIA? Stephanie Taplin PhD National Drug & Alcohol Research Centre, UNSW

2 Background Review of research literature Study of women on opioid treatment program in NSW with children under 16 years 175 face-to-face interviews re mothers characteristics, substance use and treatment history, children, parenting, child protection involvement and services Administrative data included where consent

3 Trends across Australia to

4 Number of OOHC entries & discharges across Australia,

5 Rates of children in OOHC, 30 June 2005 to 30 June 2009 (per 1,000 children) (AIHW, 2010) Year NSW Vic Qld WA SA Tas ACT NT Total

6 Children in OOHC, rate per 1,000 children and Indigenous status (June 2009) (AIHW, 2010) State/ Territory Indigenous Non- Indigenous All Children NSW Vic Qld WA SA Tas ACT NT TOTAL

7 Substantiated maltreatment types A

8 Drugs used past 12 months (NDSHS, 2008)

9 Does parental substance use = maltreatment? Associated with high rates of child maltreatment But causal relationship not established Most research does not take into account the other factors in substance-using families e.g. mental health problems, poverty, poor education, social isolation

10 Impacts of removals on families Some removals in child s best interests Documented generally poor outcomes from OOHC: emotional, social, behavioural, educational Trauma of removal for the child Mother s reactions: grief, shame and loss; increased substance use; give up ; become pregnant; service avoidance

11 Impacts: financial costs Recurrent expenditure on child protection and out-of-home care services was approximately $2.2 billion across Australia in (increasing). Out-of-home care services accounted for the majority (66% or $1.4 billion) Productivity Commission, 2010

12 Risk management approach Focus on risks Focus on symptoms (child abuse and neglect) Short-term Deficit focus Adversarial Crisis response (tertiary) Documentation Case management Therapeutic approach Focus on needs Focus on causes (holistic approach to family) Long-term Strengths focus Empowerment Preventative (secondary) Engagement Case work Extract from AIFS presentation, 2007

13 Overseas reviews of CP system Inexperience, of caseworkers Infrequent supervision & follow-up of parents Insufficient information to judges for decision-making Lack of drug treatment services Mental health & substance use cooccurrence poorly dealt with Protracted cases -> long periods in care

14 Overseas reviews (cont d) Increased use of expert evidence Overemphasis on assessment -> delays Concerns re increasingly punitive approach to pregnant mothers Emphasis on abstinence Lack of knowledge re drug & alcohol Lack of family-friendly services & parenting supports CASA, 1999; Wolf, 2000; Dice et al., 2004; Ryan, Harwin & Chamberlain, 2006

15 Family Drug Courts Drug courts in criminal jurisdiction in Australia since 1999 Family Drug Courts in USA since 1994, now more than 300 across USA Family Drug Court Pilot commenced in UK in 2007

16 Family Drug Court model FDC team includes: court, child protection services, alcohol and other drug agencies, treatment providers, the families and their lawyers. Some have ancillary staff. The FDC model: timely judicial decisions, coordinated services, provision of substance abuse treatment, and increased judicial oversight. Available to those lost custody or in danger of losing custody

17 Evidence for effectiveness Research on FDCs is relatively new Some evidence for their effectiveness in supporting parents to enter, remain in & complete treatment, & reunify with their children. Effectiveness varies according to model More research needed including RCTs

18 Conclusion Problems with current system & continuing increase in OOHC population More supports needed for toxic families (Shonkoff, 2010) Moral obligation to do no further harm Innovation needed Time for a pilot of a Family Drug Court in Australia?

19 Dr Stephanie Taplin * Research Fellow National Drug & Alcohol Research Centre University of NSW Sydney NSW 2052 s.taplin@unsw.edu.au * Post-doctoral research fellowship funding provided under a collaborative research scheme between NSW Department of Community Services and NDARC, UNSW;