Bringing-Them-Home-Report-Web

of preference,1. placement with a member of the child’s family (as defined by local custom andpractice) in the correct relationship to the child in accordance with Aboriginalor Torres Strait Islander law,2. placement with a member of the child’s community in a relationship ofresponsibility for the child according to local custom and practice,3. placement with another member of the child’s community,4. placement with another Indigenous carer.Recommendation 51c: The preferred placement may be displaced where,1. that placement would be detrimental to the child’s best interests,2. the child objects to that placement, or3. no carer in the preferred category is available.Recommendation 51d: Where placement is with a non-Indigenous carer thefollowing principles must determine the choice of carer,1. family reunion is a primary objective,2. continuing contact with the child’s Indigenous family, community and culturemust be ensured, and3. the carer must live in proximity to the child’s Indigenous family andcommunity.Recommendation 51e: No placement of an Indigenous child is to be made excepton the advice and with the recommendation of the appropriate accreditedIndigenous organisation. Where the parents or the child disagree with therecommendation of the appropriate accredited Indigenous organisation, the courtmust determine the best interests of the child.AdoptionAdoption for Indigenous children should be a last resort and, where it is desirablein the child’s best interests, should be within the Indigenous community except whenthe child’s best interests require some other placement. Culturally appropriatealternatives to adoption should be preferred. They include,1. custody and guardianship arrangements short of adoption,2. culturally appropriate counselling of prospective relinquishing parents and theirfamilies ensuring that alternatives are explored and adequate family support isoffered to enable them to keep the child, and3. ‘open adoption’ which secures continuing contact between the child and his or herparents, other family members and community.While adoption is seen as the answer for some Aboriginal children, it certainly does notrepresent the total answer. Aboriginal values, culture and family life provide a very differentcontext or texture from that of the dominant society and adoption assumed differentmeanings against this context. If adoption law and practice is to be responsive to theparticular needs of the Aboriginal community, then it must be flexible in its application andbe in harmony with their family life, culture and values. Viable alternatives to legal adoptionthrough the white system must be available so that placement of each individual child isdetermined by the needs of that child and his family, rather than by the straitjacket of