Children in care with disabilities

15 November, 2016

Themes from Nyland  #11

The team from the Guardian’s office have analysed the 850 pages and 260 recommendations from The life they deserve: Child Protection Systems Royal Commission Report1.  We have extracted some themes and priorities to allow us to critique the government’s response, judge the improvements over time and to shape our own work.  Following is a description of the issues and a short list of things to watch for in the reform process.  The first 10 in the series are available.2 We will post the rest over the next few weeks. 3 

Children with disabilities are a higher proportion of the in-care population than in the population at large.  Some children enter care with disabilities caused by the abuse or neglect that brought them into care. Some children who already have disabilities are relinquished into state care by parents who lack the resources to manage the parenting challenges they present.

Commissioner Nyland is particularly concerned that children in state care do not miss out on the services and opportunities on offer from the National Disability Insurance Scheme (NDIS).

Children in out-of-home care rely on attentive case managers to recognise their potential eligibility [for NSID funding] and negotiate on their behalf. 

To do this entails a more rigorous identification of children’s disabilities and their recording on the child’s electronic case management file so that every child potentially eligible can have an application made prior to the March 2017 deadline.  The respective role of foster and kinship carers and the Department for Child Protection (DCP) in relationship to NDIS will need to be clarified to avoid confusion and dislocation.  Commissioner Nyland recommended the ’employment of disability specialists and additional training…to develop expertise in the Agency’ about the NDIS.

The ‘child and family assessment  and referral networks’ recommended by Commissioner Nyland (see our post Responding to abused and neglected children) will also need to have the skills and knowledge to support families who are caring for children with disabilities. 

Foster families caring for children with disabilities sometimes face the simultaneous challenge of catering for a disability and dealing with trauma-related behavioural issues.  Commissioner Nyland stresses the maintenance of the existing Alternative Care Therapeutics Team (ACTT) program though its integration with the NDIS.   She also recommends determining the need for specialist disability foster care placements and funding those placements accordingly as well as funding the support and respite services needed to ensure those placements remain viable for foster parents and children. 

Commissioner Nyland discusses the situation of children with disabilities whose care is voluntarily relinquished to the state by their birth parents.  She forms the opinion that this group of children might not be best served by placing them in the care of the DCP but has insufficient information to make a formal recommendation.

As reform progresses we look forward to seeing:

  • every child who is potentially eligible has applied to the NDIS by the 31 March 2017 deadline.
  • the electronic case management system modified to require a child’s eligibility for NDIS entered and caseworkers trained accordingly.
  • analysis of the unmet need for specialist disability foster placements and provision of it expanded to meet that need.
  • DCP caseworkers trained to meet the needs of children with disabilities and in the workings of NDIS and the employment of specialist disability workers to support them.
  • maintenance of the ACTT program and its expansion through and beyond the introduction of the NDIS.
  • the recommended ‘child and family assessment and referral networks’ given the skills and responsibility to help families engage with the NDIS.

Please join the discussion on child protection reform via the reply box below.

 

1 Unless otherwise noted all quotes are from The life they deserve: Child Protection Systems Royal Commission Report,

2 See also posts on Coordination and Collaboration, The voice of the child , Emergency care , Residential care Home-based care, Therapeutic care, Aboriginal children, Education , Stability and certainty in care and Responding to abused or neglected children.

3 This is not intended to be a précis of Commissioner Nyland’s report which provides a very clear and readable summary.  Because of the Guardian’s mandate, this analysis will tend to focus on issues for children in out-of-home-care.

Access to education for students in care with disabilities

cartoon of children at school gate5 July 2016

Students with disabilities are not a homogeneous group.  They each have abilities, dreams and circumstances and often a unique history of loss and trauma. They have to negotiate and seek out many of the things that other children take for granted. They work by different rules, they are the subject of written plans about them and their privacy is less preserved than others. They may struggle to see brothers and sisters, to keep personal things safe and frequently have to attend new schools.


They also are achievers, most of whom overcome disadvantage to be strong and sure.


The benefits of going to school go well beyond learning and grades. In conversations with the Guardian’s Office students say they like school because they can mix with friends and learn new things and that there is a welcome sense of stability in the seeing the same places and faces. They are also able to do the much the same things as everyone else their age.


School can contribute positively to their social and emotional wellbeing. Young Aboriginal and Torres Strait Islander people also often stress the importance of culture and identity and its relevance to education.


In reality, we must also recognise the practical challenge. An above average proportion of children in care of pre-school or school age compared with their age peers are “students with disabilities, additional learning needs and/or challenging behaviours”.


In September 2015 the Guardian made a submission to the Legislative Council Select Committee Inquiry into Access to the Education System for Students with Disabilities. In March this year, Guardian Amanda Shaw gave evidence before the Select Committee.


The focus of the Guardian’s submission and comments was on the state school system. Systemic data is not available about the work of non-government schools with children in care.The Guardian proposed that the gap in educational achievement and outcomes between children with disabilities in care and their age peers could be addressed by:

  • early specialist intervention for children with speech and language disabilities
  • strengthening capacity to build culturally supportive connections between Aboriginal students in care, local Aboriginal communities and schools
  • addressing the problem of lowered expectations of achievement for students with disabilities and/or in state care by providing information and challenging pessimistic views of educators, social workers and carers about capacity and capability
  • enhancing participation and engagement of students
    in care by, among other things, adopting alternative disciplinary measures in place of suspension and exclusion
  • monitoring and reporting on part-time attendance of students, with the aim of gradually increasing the hours of school attendance and participation
  • providing information and skills development for school staff in understanding and responding to children with learning disabilities resulting from early childhood trauma
  • agreement on a definition for learning disabilities that applies consistently across programs and across non-government and government schools
  • evaluation of the Flexible Learning Options (FLO) program to understand better its engagement with, and outcomes for, students in care who have, or are likely to, disengage with school
  • reviewing the impact of Individual Education Plans, expanding their use to non-government schools and enhancing the quality of their implementation
  • analysing the use of School Services Officers and allied health professionals in schools to better support individual students with learning difficulties
  • improving knowledge of year 12 completion rates and post-school activity so that we understand better the pathways from school.

You can access the 2015 GCYP submission to the Select Committee on the Guardian’s website..

This item originally appeared in the May 2016 edition of the Guardian’s Newsletter.

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How well do children in state care do in the state education system?

7 June 2016

We have just released our report Children and Young People in State Care in SA Government Schools – 2008-2015

Reading the most recent NAPLAN results, rates of suspension and exclusion, rates of disability and attendance figures together gives a more complete picture of how children and young people in care are doing in the state school system.

Here are the key takeouts

NAPLAN results show that 10 to 20% fewer children in care achieve the National Minimum Standard in literacy and numeracy than the state as a whole.  The disparity in reading and writing becomes greater than with numeracy skills as children age.  This figure should also be read with the knowledge that four or five times as many children in care are excused from NAPLAN testing than the state school population as a whole.

Disability rates for children in care enrolled in government schools are much higher than the state as a whole (30% versus 9%). As an example, the rate of children in care attending government schools in 2015 with an intellectual disability was nearly seven times that of those enrolled in government schools as a whole.  The rate of children in care reported as having a speech and language disability was over three times the rate of those enrolled in government schools as a whole.

Exclusion rates for children in care are four to five times the rate for the general school population, though the small numbers of children in care makes determining trends difficult. Rates of suspension are similarly higher for children in care, being more evident in primary-age students.

Absence rates are similar for children in care in government schools compared with the state school population as a whole.  Interestingly:

  • students with a disability who are in care have a lower absence rate than that reported of children with a disability within the overall school population, that is, they are more likely to be attending than those who have a disability but are not in care.
  • this is also the case for Aboriginal children and young people
  • students in care from non-English speaking backgrounds have about twice the absence rate than that reported for those students from non-English speaking backgrounds who are not in care.

You can read the full report with graphs, references and notes on areas for attention from our website.

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Access to the Education System for Students with Disabilities

The Guardian’s submission and evidence given to the Legislative Council Inquiry into Access to the Education System for Students with Disabilities is now available.

In important ways, children in care are the same as other children – they have ability, strength, ‘regular’ insecurities and they want to be treated the same. However, they do face more obstacles: issues about the state being their parent, who is their best advocate and who has the responsibility for coordinating their educational and health needs. Children and young people in care tend to have more professionals in their lives than friends.

Sara Bann, former Youth Advisor to the Guardian, 2014

The Guardian’s submission is available for download.

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Welcome to the Charter of Rights Network, EBL!

At a ceremony on 14 June this year, Guardian Pam Simmons and EBL CE Wendy Warren signed EBL's certificate of endorsement at a ceremony attended by the EBL staff team

At a ceremony on 14 June this year, Guardian Pam Simmons and EBL CE Wendy Warren signed EBL’s certificate of endorsement at a ceremony attended by the EBL staff team. EBL provide opportunities for people with intellectual disabilities to have new experiences and meet new people while giving carers valuable respite.

Find more about children’s rights and the Charter in our Twitter feed.

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Cara, young people in care and the Charter of Rights

Cara CEO Denice Wharldall signs the Charter certificate watched by Guardian Pam Simmons and the Cara executive team.

 

Community Accommodation and Respite Agency (Cara) became the 48th organisation to endorse the Charter of Rights when it received its certificate on June 27th.

For over 60 years, Cara has provided accommodation and respite support services across South Australia for people with severe and multiple disabilities and their families.

Todd Williams, Executive Manager, Respite and Client Services, explains that ‘the incentive for us to engage with the Charter has been our relatively recent involvement with providing accommodation support for young people under the care of the Minister.

‘While we have always been involved with young people in care as part of our respite programs and camps, it is only in the last 18 months that we have taken on a more specific role.

‘Under an arrangement with Families SA, we provide a therapeutic care model of support to 11 young people under guardianship in three locations. Cara works with them to provide stable, safe and nurturing environments in preparation for adulthood, ultimately supporting their transition into suitable long term accommodation.

‘We have long recognised the value of having dedicated developmental educators working in our programs. Known as Program Coordinators, they work on site directly with the young people but also to support the other workers to create a consistent therapeutic living environment.’

Todd explains that the success of the program hinges on cooperation between the Team Leader and Program Coordinator who share leadership roles at the houses and between the support workers and the Program Coordinator to sustain the therapeutic environment.

‘We also work very closely with Families SA staff on the critical selection and matching of young people for each house.

‘Our values and our focus on rights already align with the Charter pretty well so endorsing was straightforward for the Board and the leadership team.

‘Where the Charter has been useful to us is to act as a kind of checklist that we can use to challenge ourselves and to guard against complacency about our clients’ rights.

‘The right to be heard and make choices, to be fully involved with decisions about what happens in the house and to have a secure private space to call their own, all these are strongly stated in the Charter and also very important to young people living with disability, learning to manage their behaviour as they develop as citizens and move towards more independent living arrangements.’

Cara has incorporated the Charter into its policies and practice and features information about the Charter and a link on its website.

Follow education and training developments for children and young people in care on our Twitter feed.

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Child protection and disability services

picture of Pam Simmons

Pam Simmons Guardian

A recent report from the Victorian Equal Opportunity and Human Rights Commissioner on the relinquishment of children with disabilities into state care reminded me of the importance of child protection and disability services working closely together. The case studies were heart-wrenching and the desperation of families in trying to find enough external support was unmistakable.

In SA, sharing the responsibility for parenting children with severe disabilities has been made a little easier with shared care agreements, negotiated between the family and a disability agency. Everyone is hopeful, and the early signs are good, that this will help prevent families from having to relinquish their children to the state for want of enough respite or alternative care. While it does not resolve the questions of adequacy and quality, or monitoring of quality, it means that families do not face the additional anguish of losing all decision-making for their children.

Regardless, some children with disabilities are taken into care. The number of children with moderate to severe disabilities who are under guardianship of the Minister and who are registered with Disability Services has grown by almost 50 per cent in the past three years, from 172 in 2009 to 257 in 2012. There are another 25 with physical disabilities receiving services from Novita Children’s Services and a small number with sensory disabilities1. It is unclear why there is such a growth but it is likely to be because of better identification, assessment and provision of service.

For these children, the strength of the relationships among carers, child protection workers and disability workers is critical to the stability of care and the development of the child. That relationship is tested many times by carers and workers feeling stretched by too much to do and too little time, and by different views about what constitutes a disability. Disabilities in children are particularly difficult to characterise because of the developmental nature of childhood and many children in care have delays in their development.

This Office’s audit of annual reviews shows that very few review discussions, which are convened by the child protection agency, include the views of the disability agency. This is a missed opportunity to make joint decisions and plans, and to share ambitions for the future of the child. Likewise, when a disability agency turns down a request for assistance because the child is ‘not one of ours’ it is a missed opportunity to see that child achieve everything they are capable of.

As one mother said in interview for the Victorian inquiry, ‘When your child is in distress and is hitting out you need help immediately.’ What they did not need was disagreement about who should do what, or worse, blame being laid at the feet of another.

I am continuously impressed by the commitment among carers and workers to do their best by children. The real challenge comes in always looking to how we can do better, as a team.

 

1. In government schools the number of children under guardianship who are recognised to have a disability is considerably higher at over 459 in 2011 because of a broader definition that includes developmental delays.

The Guardian’s opinion pieces are always Tweeted.

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What’s been done – September 2011 to February 2012

Youth Advisory Committee

The Youth Advisors now meet as the Youth Advisory Committee and in the past months they have advised on topics such as contact with siblings, Life Story Books, Other Person Guardianship, the ending of relationships with social workers and their experience of using complaints mechanisms.

Advocate visits to residential care

In the three months October to December, there were eight visits made by the Office’s advocates to children and young people in residential care and the youth training centres to listen to their views about their residence and circumstances.

Rights materials for young people with disabilities

In December, we released six sets of flash cards and a user guide to assist young people with disabilities to understand their rights and what they can fairly expect.  Thanks to the 35 young people, their families, the advisory committee and the Office staff who brought is ten month project to fruition. The card sets will be distributed to children in care through Disability Services and other disability agencies.

Sibling contact report

In December we released the report of our inquiry into what children say about contact with their siblings and the impact contact has on their wellbeing.  The full report and a summary are available on our website.

picture of book coverWhat children say about their world

We worked with our colleagues in children’s commissioners and guardians around Australia to produce a second book on what children say about their world. It focussed on children’s rights and children’s experience and views.  Our thanks to Leonie Wanklyn and her 2011 class at Port Lincoln Junior Primary for their contribution.
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ISG progress

Implementation of the Information Sharing Guidelines for Promoting the Safety and Wellbeing of Children, Young People and their Families (ISG) continues apace with many more non-government organisations adopting them, following development of their own procedures for safe and secure exchange of personal information. Improved information sharing is a focus of the National Women’s Safety Strategy and the contribution the ISG can make to this important work is being explored. Planning for the 2012 review of ISG implementation is underway. We are partnering with the Australian Centre for Child Protection as a component of evaluating ISG implementation.

Mental health services for young people in care

The Office reviewed 60 case files to better understand how the mental health needs of children in care are being met.  We will publish a summary of the findings of that review within the next few months.

Audits of annual reviews

In the last quarter of 2011 the Office audited 73 annual reviews of the circumstances of children in care.  A summary of the audit report for 2010-11 was released in September.
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The Year in Review and 2010-11 Annual Report

On 24 November the Guardian’s Annual Report was tabled in Parliament and its observations on the situation of young people in care were re-presented in The Year in Review published in December.
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All the latest news from the Office is on our Twitter feed. 

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Education and young people in care statistics – 2010

 

 

 

In 2010 there were 1,338 children in care ‘located in, and actively attending’  government schools. (1)

 

 

Disability

According to the education department’s assessment, 33.7 per cent of children in care who attend government schools were recorded as having a disability.  This compares to nine per cent, for the state.

Disability data is divided into five categories and following are the 2010 results for children in care:

  • Language and Communication     22.2%
  • Intellectual                                  8.9%
  • Autistic / Asperger’s Disorder        1.3%
  • Physical                                       0.7%
  • Sensory (Hearing / Vision)             0.5%

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Attendance

All cultural/racial groups (2)

  • Absences for children in care (all children in brackets)    10% (10%)
  • No absences                                                            10.5% (7.8%)
  • Over ten absences                                                    28.1% (28.7%)

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Aboriginal/Torres Strait Islander children

  • Absences for children in care (all children in brackets)  12.9% (21.4%)
  • No absences                                                            8.8% (4.5%)
  • Over ten absences                                                   36.7% (55%)

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Basic skills testing results

National Assessment Program – Literacy and Numeracy (NAPLAN) testing is carried out for children in years three, five, seven and nine.  From 2008 to 2010 in all year levels, figures showing percentages ‘at or above the National Minimum Standard’ demonstrate that the results for children in care are significantly lower than the total for the state.

Read the subject/age group breakdown for 2008-2010 in PDF.

Get the latest news on education and children in care first on our Twitter feed.

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(1) The phrase ‘located in, and actively attending’ is used by ECD in their report to the Office of the Guardian.

(2) Education department, absence rates are collected for fulltime students who are:

  • Enrolled during the period Semester 1 – Terms 1 and 2;
  • Absent for a whole day or half a day;
  • Active or left at the time of the Term 3 census;
  • For reasons which contribute to counts of absence for departmental reporting.

 

Children with disabilities learning about their rights

photo of open box with carers bookletThe Guardian’s Office  celebrates 2011 International Human Rights Day with the launch of six sets of flashcards for teaching children and young people with disabilities about their rights.  The cards simplify the 37 rights in South Australia’s Charter of Rights for Children and Young People in Care into seven key messages in sets tailored to suit three ability groups for girls and young women and three for boys and young men.

The cards were designed after consultation and testing with children with disabilities and their families, and with the guidance of a reference group.

Each boxed set of cards comes with a booklet for carers and other adults which explains the cards and gives practical advice on how they can be used.

The cards are being distributed to children in care in South Australia by Disability Services.

For the latest on children’s rights and the Charter of Rights join our Twitter feed.

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