listening to Grandparents - COTA NSW...issues concerning grandparenting in the 21st century. In the turmoil of today’s ever more complex society, pressures on grandparents are very

report of the NSW GraNdpareNtiNG forUM

proUdly SUpported by

listening to Grandparents

This report is dedicated to the memory of Emeritus Professor Sol Encel, whose commitment to grandparents and the issues they face led him to facilitate the COTA NSW Grandparent Forum in 2008. Sol’s wisdom made this report possible. It is one of many legacies he leaves behind. His generosity, kindness of spirit and intellectual leadership will be sadly missed.

A joint report of Council on the Ageing (NSW) and NSW Ministerial Advisory Committee on Ageing.

©NSW Ministerial Advisory Committee on Ageing, August 2010

ISBN 0 9751705 46

NSW Ministerial Advisory Committee on AgeingSuite 9, 75 Wharf Street, Tweed Heads NSW 2485Ph: (07) 5569 3984 Fax: (07) 5569 3998Email: [email protected]: www.maca.nsw.gov.au

Council on the Ageing (NSW) Incorporated Level 6, 280 Pitt St, Sydney, NSW 2000

DisclaimerThe views depicted in this report are solely those of the Listening to Grandparents forum participants and do not necessarily reflect the views of COTA, ADHC or other contributing agencies.

DisclaimerWhile every care has been taken in the preparation of this publication and the information it contains is believed to be accurate, this document contains guidelines only in relation to its subject matter. The NSW Ministerial Advisory Committee on Ageing cannot be liable for any error or omission in this document or for damages arising from the supply, performance or use of the publication and makes no warranty of any kind, either express or implied in relation to this material.

Council on the ageing and NSW Ministerial advisory Committee on ageing | 3

Cota NSW 2008 Grandparenting forum report

table of CoNteNtS

FOREWORD FROM COTA NSW PRESIDENT ...........................................................................................4

FOREWORD FROM MACA CHAIR ............................................................................................................5

ABOUT COTA NSW ................................................................................................................................... 5

EXECUTIVE SUMMARY ............................................................................................................................ 6

A SUMMARY OF KEY FINDINGS .............................................................................................................. 8

INTRODUCTION .........................................................................................................................................9

GRANDPARENTS RAISING THEIR GRANDCHILDREN ..........................................................................12 RESEARCH AND STATISTICS ................................................................................................................................................ 12

RECOGNITION AND DEFINITION ........................................................................................................................................... 15

RESPITE ................................................................................................................................................................................... 16

LEGAL ISSUES ........................................................................................................................................................................ 17

FINANCIAL ISSUES ................................................................................................................................................................. 19

ABORIGINAL AND TORRES STRAIT ISLANDER GRANDPARENTS .....................................................20

GRANDPARENTS PROVIDING INFORMAL CHILDCARE ......................................................................21

CULTURALLY AND LINGUISTICALLY DIVERSE GRANDPARENTS .......................................................22PROVIDING INFORMAL CHILD CARE .................................................................................................................................... 22

CALD GRANDPARENTS DENIED ACCESS TO GRANDCHILDREN ......................................................23

GRANDPARENTS DENIED ACCESS TO THEIR GRANDCHILDREN .....................................................23

KEY FINDINGS ........................................................................................................................................25

CONCLUSION ...........................................................................................................................................26

APPENDIX.................................................................................................................................................28

4 | Council on the ageing and NSW Ministerial advisory Committee on ageing


foreWord froM Cota NSW preSideNt

Since 1956, the Council on the Ageing (NSW) (COTA NSW) has been a community organisation working for all people over 50 whatever their socio-economic, ethnic or religious background. We have become widely recognised and accepted as a significant advocate for older people on all issues which concern them as a prime source of credible information and expertise for all older people and on older people as a significant influence on development of policies and activities which involve older people.

The first of our many objectives is:

“to promote policies, practices and services that advance well-being and justice for older people, and redress injustice, discrimination and disadvantage”

(COTA NSW Strategic Plan)

In this capacity, COTA NSW has, for many years, been at the leading edge of identifying and addressing the issues concerning grandparenting in the 21st century. In the turmoil of today’s ever more complex society, pressures on grandparents are very different from those encountered half a century ago when COTA NSW was founded. Solutions are also less obvious and more complicated when they can be found.

The 2008 Grandparenting Forum was a trail-blazing and timely event long in the anticipation — and in the planning. It was something grandparents had been seeking over a long period of time.

We were committed to coming out of the two days with the material to assist policy development that updates and supplements what is in the public arena and, importantly, provides a positive and credible basis for our representations to governments and decision-makers.

The forum revolved around storytelling and comprised a variety of presentations, panels and workshops. In the workshops grandparents allowed us to share their stories and let us know what they thought should be relayed to governments in order to assist them.

Among the 200 plus forum participants were representatives from:

• governmentdepartments

• communityandcharitableorganisations

• localgovernment

• serviceproviders

• grandparentsfromallstatesandterritoriesandfrom Aboriginal1 communities and culturally and linguistically diverse (CALD) communities, a number of whom were able to attend with sponsorship arranged by COTA NSW.

We all came together with the same intent: to build on our objectives and learn from the forum and achieve some good results for grandparents, who urgently need our understanding and our support.

This report contains the sum of what we heard, saw and learned. We are determined to do our utmost in going forward to help our grandparents in their vocation.

KATH BREWSTER, President, COTA NSW

1 The term Aboriginal is used in this document recognising that the initiative respectfully applies to both Aboriginal and Torres Strait Islander people.



foreWord froM MaCa Chair

aboUt Cota NSW

In November 1996, the NSW Ministerial Advisory Committee on Ageing (MACA) joined forces with the COTA NSW to organise a forum on the rights of grandparents, especially when families break down and grandparents are called upon to take over parental roles. The forum brought together lawyers, counsellors and grandparents to discuss what rights grandparents have in these situations. It was attended by more than 50 people, the majority of whom were grandparents. Discussion focused on how to protect the interests of grandchildren and grandparents in what are often painful and difficult circumstances. The proceedings were published in a report entitled When Families Break Down.

Twelve years later, MACA and COTA again joined forces to organise a forum to examine the rights, roles and responsibilities of grandparents. Since 1996, we know a great deal more about the extent to which grandparents have assumed parental roles and about the complex issues involved. With generous financial support from the Ageing, Disability and Home Care (ADHC), it was possible to organise a more ambitious forum over two days which covered a much wider range of topics than its predecessor. It was attended

by more than 200 people. It was particularly pleasing that the budget provided by ADHC made participation possible for grandparents from regional areas, including a significant number of Aboriginal grandparents.

The forum identified at least three major areas of concern to grandparents. Denial of access, which was a prominent topic in 1996, remains significant and was reflected in a number of deeply-felt personal accounts. A second area concerned issues relating to informal childcare, of which grandparents are by far the most important providers. A third focus was on the problems faced by grandparents who are raising their grandchildren, which were virtually unrecognised until a few years ago when the Australian Bureau of Statistics (ABS) published the first survey to take account of the phenomenon.

These issues are of continuing concern to MACA which has taken careful note of the recommendations from the forum, and will pursue them as far as possible in our advice to government.

PINO MIGLIORINO Chair, Ministerial Advisory Committee on Ageing

The Council on the Ageing (COTA) NSW is a non-government organisation and the peak body representing all people over 50 years of age in NSW. COTA NSW is a founding member of the national body, COTA Over 50s Ltd.

Our core functions include:

• socialpolicydevelopment,representationandadvocacy;

• initiatinganddeliveringinnovativehealthyageingandageing support community programs such as the Medications Management for Older People, Beyond Maturity Blues, Grandfriends, Grandparents Raising Grandchildren, Grandparents Denied Access and the Peer Education programs;

• brokering,referring,collaborating,coordinatingand networking among seniors’ organisations and services to seniors;

• informingandeducatingolderpersonsandallthoseconcerned with their welfare; and

• representingtheneeds,viewsandaspirationsoftheover 50s to a range of stakeholders.

COTA NSW gratefully acknowledges the sponsorship of the Ageing, Disability and Home Care (ADHC), Community Services and the St George Bank in bringing the forum to reality. Our thanks are also extended to the Sydney Community Foundation for their contribution to funding COTA NSW’s work on issues of relevance to grandparents in NSW.



2 ABS, 2003, ‘4442.0- Family Characteristics Australia, June 2003’, Australian Bureau of Statistics

Grandparents make a huge contribution to the care of children in New South Wales. We are fortunate that the state Government recognises this contribution with the Supported Care Allowance- money that is not available to grandparents raising their grandchildren in other states. Having already taken on a leading role in this area, New South Wales now faces a unique opportunity to continue to lead by working with grandparents to promote the best service environments and other means of recognising the valuable contributions grandparents make. Listening to grandparents about their situations, what is working for them and what needs adjusting, is essential as we work together to produce more positive outcomes for grandparents facing complex situations.

In April 2008 COTA NSW, in collaboration with the NSW Department of Ageing, Disability and Home Care and the Ministerial Advisory Committee on Ageing, convened a forum on the rights, roles and responsibilities of grandparents. The NSW 2008 Grandparenting Forum brought together grandparents, researchers, service providers and interested parties to present and debate grandparenting issues and develop an understanding of the service environment grandparents operate within. The analysis of the information gathered at the Forum has resulted in the development of a number of key findings and proposed strategic directions. These will now be put before all levels of government and funding bodies for consideration.

The forum covered a range of issues in an attempt to take a fresh look at the growing roles grandparents play and how they can be best supported in the family and within the community. A mix of presentations, panels and workshops were used to inform discussion. Workshops topics included Respite Care, Aboriginal communities Grandparents, Cultural Perspectives in Grandparenting and Legal and Access Issues. Experts spoke on the latest research, service provision and grandparents’ rights.

The three identified groups of grandparents who attended the forum were:

• grandparentswhoareraisingtheirgrandchildren

• grandparentsprovidinginformalchildcare

• grandparentswhoaredeniedaccesstotheirgrandchildren.

Statistical evidence regarding the number of grandparents raising their grandchildren in Australia is poor. In 2003, the ABS2 estimated there are over 22,500 grandparent-headed families. This is widely regarded as an underestimation of the situation. Evidence within

the community services sector indicates the number of grandparent-headed families continues to grow as grandparents step in when children are no longer able to live with their parents.

In many cases, these grandparents come to be raising their grandchildren in the most desperate circumstances. They can face major upheaval in their lives and severe financial and emotional strain. They may struggle, often feeling ill-prepared to deal with a role taken on out of love and a deep sense of duty and care.

Grandparents may experience considerable grief at the loss of the traditional grandparent role as they make a shift in commitment to a ‘grandparent as parent’ role and identity. Grandparents attending the forum reported feeling “invisible”, “undeserving”, “voiceless” and “socially isolated” within the community. They felt that the “the system” needed some adjustments to respond to them in more respectful and responsive manner.

Many Aboriginal grandparents still suffer as members of the Stolen Generations, and as a result they experience real fears that negative outcomes will arise from dealings with authorities. The Aboriginal Grandparents who attended the forum spoke of the need for access to support from services that were respectful and understanding of kinship care and other aspects of their culture. They expressed their desire for Aboriginal grandparent support workers and the further development of prevention strategies that could help reduce the numbers of Aboriginal children being taken into care.

The forum reinforced the importance of clear, consistent and accurate information regarding supports and services as well as more responsive respite care services, well-resourced and ongoing support networks and better access to financial and legal assistance. Grandparents raising grandchildren saw great opportunities for consistency if a national approach to financial support could be developed. Consistent and simple approaches were sought in many areas as a means to help people experiencing complex family situations.

Promoting greater awareness of the many valuable contributions grandparents make to family life, to child protection and to their communities, was nominated as a necessary and useful strategy. By working together with greater understanding grandparents, government departments, policy makers, health professionals, caseworkers and teachers — along with members

eXeCUtiVe SUMMary



3 ABS, 2005, ‘4402.0 – Child care Australia’, Australian Bureau of Statistics.

4 Brownell P, Berman J, Nelson A, Fofana RC, ‘Grandparents Raising Grandchildren: The Risks of Caregiving’, Journal of Elder Abuse and Neglect, 2005; 15(3-4_, 5-31.

eXeCUtiVe SUMMary

of the wider community can find a united approach to realise more equitable outcomes for grandparents facing contemporary challenges.

The forum also noted the impact that provision of informal childcare was having on the lives of grandparents as they take on this role in greater numbers. Australian grandparents are the biggest providers of informal childcare for children between birth and 12 years when parents are involved in the workforce or studying3. While parental satisfaction with grandparent care is very high, grandparents, particularly those from CALD communities, report feelings of isolation, financial struggles and conflict regarding child rearing practices.

Researchers attending the forum called for further studies into the impact of grandparent childcare provision on both grandparents and the children involved. Grandparents and service providers called for culturally specific grandparent playgroups, parenting sessions and information in community languages.

At the other end of the spectrum from grandparents with significant or full-time caring responsibilities was an increasingly vocal cohort who find themselves in the devastating position of having been denied access to their grandchildren. It has been noted that, when parents control visitation rights and deny grandparents their role in the family, grandparents grieve and children suffer. While the Family Law Act 1975 specifically includes grandparents when it recognises the right of children to a relationship with “people significant to their care”, it does not recognise the rights of grandparents.

There was a call for “family rights” to be recognised over individual rights, with an understanding that, while the law can protect grandchildren from harmful relationships with grandparents, it can obstruct grandparents from playing a caring role within the family — to the detriment of the grandchild’s development and the quality of life for older people. Australian grandparents are not alone in their struggle to be recognised; the issue is being addressed within the European Union and grandparent associations are being set up in Britain and the USA.

Research4 identifies grandparents who are denied a relationship with their grandchildren experience negative psychological impacts on their lives. It is the belief of the forum and COTA NSW that grandparents’ rights and needs should be recognised and enshrined within family law as are the rights of the child. Healthy intergenerational relationships must be fostered within

healthy communities, with the recognition that children are “significant people” in the lives of grandparents — no matter the cultural or religious differences or the parental conflict that led to family breakdown.

Grandparents called for greater promotion of the availability of mediation services that can assist them when seeking visitation rights. It was also apparent that clarification of the role of Family Relationship Centres, Legal Aid, the Family Court, the Children’s Court and Community Services would be helpful for grandparents as these environments are often unfamiliar prior to relationship breakdown or the onset of family crises. It is often the case that grandparents play a positive role in supporting families when relationships between parents break down. Promoting positive stories of grandparenting could involve acknowledging this supportive role more widely.

The cost of legal representation and the difficulty in accessing Legal Aid that many older home owners experienced were nominated by grandparents as significant hurdles to pursuing custody and visitation through more formal legal channels. Many recounted giving up the fight to be a part of their grandchildren’s lives simply due to the costs involved.

The forum’s view was that income and assets eligibility criteria for legal aid should align with the assets test for the Age Pension in order to allow greater legal aid access by grandparents. Grandparents also seek to have children’s voices heard in legal proceedings so that a child’s wishes for a continuing relationship with their grandparents are given consideration in any court decisions.

Forum attendees suggested the establishment of a national grandparenting association to provide a coherent voice for grandparents and inform them of their rights and available services. Such an organisation would enable service providers to share information and build best practice models for working with grandparents. It was suggested that government would benefit from having one clear voice to call on for advice on issues relating to grandparents.

There was recognition that healthy family relationships play a crucial part in the building of healthy intergenerational communities — and that all grandparents, whatever their situation, deserve the recognition and support of all levels of government and the community at large.

This report outlines the key findings of the NSW Grandparenting Forum which can be found overleaf and throughout the report.



The key findings that arose from the Forum were informed by research, submissions and outcomes of the forum workshops. They are designed to highlight what is working for grandparents as well as suggesting ways that some gaps in service delivery could be closed to realise an integrated and responsive service system.

Throughout the Forum comments predominantly focused on four areas, these were:

• serviceprovision

• information

• legal

• advocacy

The key findings outlined below provide a summary of issues that can be used by government and non government agencies in the future development of policies aimed at improving the support offered to grandparents.

Key Finding Area 1: SERVICE PROVISION 1 Grandparents acknowledge that Grandparent

Support Services and the specialised workers that staff them play an important role in empowering them to sustain long term care of their grandchildren.

2 Currently, inconsistent levels of financial assistance between states and territories impede on grandparent headed families’ abilities to relocate interstate.

3 Aboriginal grandparents have identified their desire to access culturally sensitive support through Aboriginal Grandparent Support workers.

4 The service/support needs of CALD grandparents cannot always be met by mainstream grandparent support services.

5 Respite is a highly valued support mechanism that contributes to the wellbeing of grandparents who are raising their grandchildren.

Key Finding Area 2: INFORMATION 1 Grandparents conveyed that staff in government

and service environments did not seem to be aware of common grandparenting issues.

2 Grandparents raising grandchildren are not always aware of the supports and services they are eligible for.

3 Accessible, consistent and integrated information resources are invaluable to grandparents as they navigate through stressful and unfamiliar territories.

4 There is a lack of widely distributed, multilingual government, community and legal information resources to assist CALD grandparents.

5 It is important to acknowledge that Aboriginal Grandparents may be members of the Stolen Generations, therefore culturally sensitive and respectful information is vitally important.

Key Finding Area 3: LEGAL 1 Grandparents raising grandchildren without custodial

court orders are not empowered to give permission for medical procedures and school excursions.

2 Grandparents do not feel that the role they play in the lives of children isconsistently recognised in legal processes including dispute resolution.

3 Grandparents who have not been able to form a relationship with theirgrandchildren, because of access issues, seek greater recognition of their role inlegal processes.

4 The voices of grandchildren and grandparents are not always heard in legal processes diminishing the value of intergenerational familial relationships in thissphere.

5 Older people who own their own home can be disadvantaged by the income and assets tests used to assess people’s right to Legal Aid. Grandparents seek greater access to Legal Aid and pro bono legal services.

Key Finding Area 4: ADVOCACY 1 Grandparents have called for a national advocacy

body to raise awareness and promote best policy and practice in the provision of services.

a SUMMary of Key fiNdiNGS



iNtrodUCtioN

Following a decade of research into the rights, roles and responsibilities of grandparents both in Australia and across the world, a picture has emerged of the changing and challenging roles that grandparents take within their extended families. Awareness is developing of the impact this has on healthy childhood development, on the building of strong intergenerational relationships and communities, and on the lives of the many grandparents who are affected.

“Grandparents need grandchildren to keep the changing world alive for them. And grandchildren need grandparents to help them know who they are and to give them a sense of human experience in the world they cannot know.”

MARGARET MEAD, Anthropologist

While Australian family law recognises that grandparents have a “significant” place in a grandchild’s life, it does not sufficiently recognise that grandchildren are significant to the lives and wellbeing of grandparents.

“A feeling of rejuvenation can come with being with the young. We are often surrounded by ailing family and friends and it is a thrill to see young lives. The grandchildren bring out the child in all of us and we can drop our inhibitions and take on new ideas ... One grandparent [told me] being with a grandchild makes her feel she is doing something for the future.”

HELENE GONSKI, Psychologist and author

In many families, increasing social pressures and family breakdowns are influencing a move away from the traditional and satisfying grandparental role of sharing and having fun with grandchildren. In some families a parental role becomes the norm: moving into full-time responsibility for raising grandchildren when parents are no longer able to do so or providing extensive child care while parents work or study. In a growing number of families, grandparents suffer heartache as they, and their grandchildren, inadvertently become victims of family breakdown — denied the right to have a relationship with each other when parents make decisions that restrict or prohibit contact.

Those grandparents who are raising their grandchildren struggle but they also gain a great sense of joy from seeing their grandchildren grow in a safe environment. When these grandparents come together and share their stories they benefit enormously from peer support, common experiences and the sage advice of others in similar situations. They also know the value of a good laugh and what a treasure it is to have someone to laugh (and cry) with. Support networks and groups are incredibly valuable because they give grandparents a space to speak of the grief, isolation, frustration and exhaustion that can come with parenting at an older age.

Many grandparents speak of feeling invisible to the outside world but in these forums they are understood, supported and able to benefit from the experiences of those who have developed strategies to cope with common challenges.

Grandparents have a vast bank of knowledge - together they can achieve many positive outcomes and give directions on how the environments they operate within can work better for them. Promoting a greater understanding of the dynamics grandparents face when raising grandchildren, providing childcare or trying to gain access to their grandchildren, will be an invaluable first step in reducing feelings of isolation. Similarly, greater awareness of contemporary grandparenting issues will allow services that exist within our communities to be more responsive in meeting their needs.

Grandparents make a huge contribution to the care of children in this state. In NSW, we are fortunate that the government recognises this with the Supported Care Allowance - money that is not available to grandparent carers in other states. NSW now faces a unique opportunity to continue to lead in this area by working with grandparents to promote the best service environments and other means of recognising grandparents’ valuable contributions.

Government services and the community sector work together in NSW to provide a myriad of services to a diverse range of clients, from older people to newborn babies. Many children who are in out of home care have experienced trauma, and services exist to help those children cope and reach their full potential. Similarly, NSW is home to family and grandparent



support programs that connect older people with local community and government services, provide information and develop support structures for people in need. The value of these services to grandparents cannot be underestimated. They draw together relevant information, run support groups, provide advice and advocacy - helping grandparents to cope with often stressful situations that occur in unfamiliar territories.

Centrelink, Family Relationship Centres, NSW Community Services offices and Legal Aid outlets are all showing a greater awareness of grandparenting issues. Each of these organisations produce and/or disseminate well developed information resources that are aimed at informing grandparents of their rights, services that are available and financial benefits that can be applied for. However, grandparents dealing with complex family situations, small children and/ or legal action do not always have the ability to pull all of these resources together to gain a comprehensive picture of what is out there to assist them. Similarly, staff in large organisations are not always aware of the complexities of the situations grandparents face or how services offered by other local, state and national organisations could be of assistance. The Forum presented an opportunity for a picture to develop. That picture showed us what was working as well as uncovering some gaps that if closed, could see a more holistic and responsive environment for grandparents to prosper.

In looking for a positive way forward in which they could play an active role, grandparents perceived the need for a national grandparenting organisation. Such an organisation would be capable of giving grandparents a united voice to talk to state and federal governments. Meeting the needs of grandparents does not necessarily require raising funding levels. Sometimes there are adequate services in place but they need to be more integrated to meet grandparents’ needs. At other times slight changes, such as producing hard copy resources instead of communicating with clientele electronically, may make a service more accessible to older people. A truly representative organisation could also work on raising the profile of grandparents to overcome feelings of invisibility. As an advocacy body, a grandparenting organisation could be effective in bringing consistency to the environments grandparents work within by

offering staff training, information seminars and mapping best practice. A grandparent association may also be well placed to provide information to government on policies and services that are working for grandparents and provide feedback on what could be further improved.

While it is true that good policy needs to be based on evidence from rigorous research, grandparents who attended the forum noted that they would like to see more action from previous research before more is undertaken.

The NSW Government points to Towards 2030 placing an emphasis on the need to develop and enhance intergenerational relationships. The grandparents who attended the forum provided great examples of why intergenerational relationships are so valuable. Their wisdom, love and capacity to care keeps so many children in NSW safe and well. In exchange, the love and energy that grandchildren bring into grandparents lives keeps them “young at heart” and connected to the perspectives of other generations. Ensuring these relationships continue in the most positive manner will bring many benefits to the grandparents and grandchildren of NSW. Listening to grandparents is but one way we can work towards ensuring that healthy positive intergenerational relationships are fostered.

While this document, by necessity, focuses on grandparents, COTA NSW recognises and applauds the other relatives and kinship carers in the child support and protection arena. It should be recognised that most of their issues and needs run parallel to those of grandparents. It is imperative that policy and service development be inclusive of ALL who care for other people’s children.

Forum Structure The NSW Grandparenting Forum brought together over two hundred participants. Grandparents made up half of the participant numbers. Other participants included representatives from:

• governmentdepartments

• communityandcharitableorganisations

• localgovernment

• serviceproviders

• universities

iNtrodUCtioN



iNtrodUCtioN

The program included panel discussion and presentations eliciting a wide range of views from leading academics, service providers and government representatives. Four workshops were held giving grandparents the opportunity to share their experiences. The workshop topics were Respite Issues and Needs, Aboriginal Grandparent Care, Cultural Perspectives in Grandparenting and Legal and Access Issues. These workshops were facilitated by people well respected in these fields.

Opinions of the presenters and those who spoke in the workshops are their own and do not necessarily reflect the views of COTA NSW, ADHC or any organisation that contributed funding to the NSW Grandparenting Forum.



5 Mission Australia, 2007, ‘Grandparents raising their grandchildren: Snapshot 2007’, Mission Australia Social Policy Report.

6 Fitzpatrick M, 2004, ‘Grandparents raising Grandchildren’- A report of the project commissioned by The Hon. Larry Anthony, Minister for Children and Youth Affairs July 2003, COTA National Seniors Partnership.

7 ABS, 2003, ‘4442.0 – Family Characteristics Australia, June 2003’, Australian Bureau of Statistics.

8 Formerly known as the Department of Community Services (DoCS), NSW.

9 See Appendix A, p28-30 for definitions of custodial arrangements used in the grandparenting context.

“It ties you down a lot but when you think back [to] what it could have been if we hadn’t taken them … you just think well, they might not be here now … It gives your life love.”

Grandparent5

Of the 110 grandparents who attended the COTA NSW 2008 Grandparenting Forum, the majority were raising their grandchildren.

RESEARCH AND STATISTICS Speakers and grandparents attending the forum agreed that statistical evidence regarding the numbers of grandparents raising their grandchildren in Australia is in need of review. Available figures show a growing cohort, with the estimated number of grandparent-headed families rising from 12,000 in 19976 to 22,500 in 20037. Researcher and keynote speaker at the forum Professor Bettina Cass confirms these figures are most likely conservative and acknowledges that grandparent care is statistically under-reported.

Over the past decade, researchers have been detailing both the rewards and challenges faced by these grandparents and have highlighted the significant impact on grandparents’ lives when they give up their traditional grandparent role and move to a grandparent-as-parent role. Members of the Research Panel at the forum spoke of the effects on grandparent health, income and social lives, and of the recommendations made over the years consistently seeking greater recognition and support for this unique and undervalued group.

“Our daughter had dumped our granddaughter at the railway station and bolted ... over the 18 months [she has lived with grandparents] ... we’ve been unraveling her. Our lives have been put on hold. She hadn’t been to school in over four years, so had completely no idea about going to school and learning. It’s been a huge hurdle for us. We thought we had a normal family, [with] normal children, doing normal things. Now we’re a couple of nervous wrecks, trying to deal with a girl who is 15, all screwed up about life and family.”

GRANDPARENT, Listen to the Diversity of Grandparents Stories Workshop

Professor Cass noted a 70 per cent increase in placement of children in out-of-home care from 1996 to 2005, priority being given to placing children in relative or kinship care or with families or persons with a pre-existing relationship with the child.

More often this means grandparent care. Danielle Woolley, Director of Out-of-Home Care Policy for Community Services8, reported that in NSW approximately 56 per cent of all children and young people in care are placed with relatives or kin — 58 per cent of these being Aboriginal.

“We had what we thought was a very normal life up until 18 months ago. My husband was going to retire, I had finished work and I had an 88-year-old mother-in-law living in the house. We were planning what to do with the rest of our lives when the phone rang ... It was my former son-in-law saying “I don’t know what your *** daughter’s done, but ... you’ll have to take your grandkid ‘cos I’m not going to have her.”

GRANDMOTHER, Listen to the Diversity of Grandparents Stories Workshop

Increasingly, the reasons for the children living with their grandparents are: child neglect/abuse, parental mental or physical health problems, drug and alcohol misuse, imprisonment, relationship conflict and breakdown, long-term unemployment or the death of a parent.

While many grandparents raising their grandchildren have formal custodial arrangements, large numbers of grandparents have no legal arrangements or protection9. These grandparents, referred to as “informal carers”, step into their role out of love, familial duty and a real wish to protect their grandchildren. They often choose not to formalise their situation due to the risk of antagonising the parents of the children — often there are threats that the parents will take the children back if grandparents notify authorities or claim Centrelink payments. In Aboriginal and Torres Strait Islander communities where grandparents may have been part of the Stolen Generations, there is a fear that Community Services will remove the children from their care. This fear also exists within non-Aboriginal families.

GraNdpareNtS raiSiNG their GraNdChildreN



10 Hislop, A. Horner, B. Downie, J. & Hay, D., 2004, ‘The Perceived Experiences of Children and Adolescents Living with Their Grandparents’. Curtin University of Technology, Western Australia.

11 Sawyer, M.G. Carbone, J.A. Searle, A.K. & Robinson, P., 2007, ‘The mental health and wellbeing of children and adolescents in home-based foster care’, Medical Journal of Australia, No. 186, Vol 4:181-184.


Grandparents who attended the forum explained they would like to have more open lines of communication with child protection services, especially early on when they could be involved in early intervention and preventative strategies.

It’s not about the money; it’s about making sure the kids are safe.

ABORIGINAL GRANDMOTHER, grandchild 3 years

Grandparents, particularly those in informal caring arrangements are less likely to be connected with supports and services. As they can be more isolated and experience more challenges than those who go through the statutory system. Professor Cass considered that there are more informal carers in the grandparenting community than formal carers, especially in Aboriginal communities families. While accurate data is not currently available, Professor Cass notes that ABS figures collected in 2003 show two-thirds of grandparent-headed families relied on government benefits or pensions as their primary source of income: “low income and strained resources therefore framing their way of life and care-giving”.

This is significant when considering the costs associated with re-establishing and maintaining a household to cater for dependent children, particularly when 47 per cent of grandparent-headed households are lone grandparent families, 93 per cent of these being headed by grandmothers.

Research suggests relative or grandparent care is often the best option for children as it provides a stable environment, despite the problems and issues grandparents encounter. Hislop et al 10 found that children living with their grandparents are more likely to develop resilience, feel a sense of belonging to their grandparent-family and/or community and feel more positive about their schooling. These experiences contrast with the findings of children placed in non-relative foster care where higher rates of mental health problems have been reported11.

In her presentation, Danielle Woolley of Community Services detailed a service model for relative and kinship carers which includes assessment, financial support, training, case management and other supports. With the number of grandchildren being raised by their grandparents increasing and difficulties

in recruiting and retaining foster carers, the need to recognise and support grandparents and their grandchildren is crucial.

Discussions at the forum noted a wide range of experiences in dealing with child protection authorities. There were grandparents who spoke positively of the support they received from Community Services, while others noted that they found interacting with Community Services Staff challenging because they had never had a government agency involved in family matters before. These grandparents noted the need for more information about case management, services and supports to help demystify this environment and empower them as they take on this important (but at times daunting) new role.

“I have to support DoCS*, they’ve been wonderful to us. They ring me all the time, ask how things are going. At first it was really difficult. But they have been really good. The father only has access in DoCS’* care. He hasn’t seen the kids for over three years. We do get phone calls from him but DoCS* says they won’t let him see the children because he won’t abide by the rules and that suits me fine.”

GRANDMOTHER, Listen to the Diversity of Grandparents Stories Workshop

*Community Services was known as the Department of Community Services (DoCS) when this quote was given at the Forum in 2008.

“I have custody of my granddaughter through DoCS*. She is eight months old. We are on a pension and it cost a lot to get ourselves organised — now we have an allowance and they’ve found some extra funds to help cover some of our costs ... now we can cope a lot better.”

GRANDMOTHER, grandchild 8 months

Disparity between states and territories regarding the level of support available to grandparents poses real problems for families in which re-location becomes necessary:




“We had to leave NSW due to threats and problems with the children’s father … we were getting a payment from DoCS* that made it possible for us to live. We moved to [another state] and lost our support payment. My husband has been looking for work … it’s not right. What happens in one state should happen in another.”

GRANDMOTHER, three grandchildren

Grandparents raising grandchildren move through a great deal of emotional turmoil as they witness the trauma and associated behavioural problems of their grandchildren. They experience grief and often horror due to what has happened in the family. Their situation often isolates them from the social networks they had previously relied on to keep them connected to their community. Many can no longer attend functions, or leisure activities aimed at older people because they cannot access child care at all times of day. Grandparents also report feeling uncomfortable taking part in services aimed at parents of young children, such as playgroups, because their age sets them apart from the other adults in the group.

Mental health issues can add another layer of complexity for families. In these cases linking families in with mental health services early can help to reduce further complications.

“My third daughter had a severe mental illness. When she became pregnant… DoCS* and the psychiatrist said [the baby] should go home with me, otherwise they’d put her into care … My daughter’s mental illness was still not good, she used to make strange calls to the police, just delusional things she would do all the time.”

GRANDPARENT, Listen to the Diversity of Grandparents’ Stories Workshop

*Community Services was known as the Department of Community Services (DoCS) when this quote was given at the Forum in 2008.



12 COTA National Seniors, 2003, ‘Grandparents Raising Grandchildren’, Recommendation 7, p. 10.

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- Grandparents conveyed that staff in government and service environments did not seem to be aware of common grandparenting issues.

- Accessible, consistent and integrated information resources are invaluable to grandparents as they navigate through stressful and unfamiliar territories.

RECOGNITION AND DEFINITION

Grandparents at the forum who were raising their children noted the need for an agreed term to describe their caring role. In literature they are variously referred to as “primary carers”, “grandparent carers”, “grandparent-parents”, “informal carers”, “kinship carers” or “relative carers”. Grandparents speak of their own confusion:

“I used to love being called Nanny, it made my heart sing. Now I don’t know whether I am a grandmother or a mother. I am the legal guardian and his mother is somewhere else but she is still his mother. He doesn’t know what to call me ... sometimes I am Nanny and sometimes I am Mum. When we are with my other grandchildren I am Nanny ... to them and to him ... at home I am mostly called Mum. It’s all a bit confusing for all of us.”

GRANDMOTHER, grandson 5 years

Says one grandmother after raising her three grandchildren for eight years:

“I am sick of all this labelling and definition. I’m not a carer, I’m parenting these kids. The little one calls me Mum because she’s always just had me. The older two have a relationship with their mother and will probably end up going back to her one day ... she is Mum and that’s how it should be. Meanwhile I need support ... I need money to cope, I need information about what’s out there that can help me and I need the government to care for us ... with the same level of support that foster carers receive ... If they really understood they would support us even more!”

GRANDMOTHER, Listen to the Diversity of Grandparents’ Stories Workshop

It was thought that social inclusion would be enhanced if grandparents raising grandchildren were recognised under one agreed term. Currently, not all grandparents are aware that some structures supporting foster carers are also available to them. The employment of one agreed term could help to raise awareness and promote transparency in the service environment. As a clear picture of the service environment becomes the norm, gaps and barriers could be easily identified and rectified. A transparent service environment would help to reduce duplication of services so that valuable funding could redirected to meet continuing need, such as greater access to respite for all those providing out of home care.

KEY FINDINGS - Grandparents raising grandchildren are not always aware of the supports and services they are eligible for.

Consistently throughout years of research grandparents have been asking for reliable, accessible and consistent information12. In each of the Grandparenting Forum workshops this request was reiterated. Researcher Anne Hampshire found that “information regarding local supports and networks was overwhelmingly identified by grandparents in the Nowra region as the most important issue to address”. This is echoed by support workers across the nation.

In regions in which specialist Grandparent or Kinship Care Support Workers have been appointed, grandparents report the benefit of having one person to assist them in accessing services. With a disproportionate number of grandparent-headed families living in regional, as distinct from metropolitan areas, it was recognised that services must be developed according to regional need. Anne Charlton of Gosford Family Support Services* claims there is no such thing as one-size-fits-all in grandparent support. Services need to listen to their grandparents and “use their guidance and feedback to mould the curriculum into something that will hopefully be useful to the broader grandparent community.”

Aboriginal grandparents attending the Aboriginal Grandparent Care Workshop acknowledged the complexity of interfamily relationships when raising a grandchild: “the child will always want some kind of relationship with their parent; it’s their mum and/or their dad”.

* Gosford Family Support Services is now known as Central Coast Family Support Services.



Victorian representative Elizabeth McCrea addresses this complexity another way:

Kinship care involves the whole family, not just the carers as a single unit. If the carers are the grandparents, they will continue to have contact with the children’s parents, their other children and grandchildren as well as other extended family members, which results in a complex model of family relationships. Approaching kinship care in the same way one would approach foster care or other out-of-home placements shows a lack of understanding of the unique aspects associated with kinship care.

Current state and federal funding policies support the development of short-term projects, with a requirement that they become self-supporting by the end of the funding. Once funding is withdrawn the provision of support generally falls back to grandparents. Researcher Dr Jan Backhouse told the forum:

The burden of setting up and running support groups must be removed from the grandparents themselves and placed on appropriately trained and government-funded employees. State and Territory government-funded support groups need to be set up in all areas of the Australian community to provide friendship, information and social support for grandparents.

A wealth of experience and information can be shared between grandparents and professional workers when support groups are set up and work effectively.

“It’s been fantastic to belong to a support group. It’s what has kept me sane. We’ve been able to get together, our crazy stories our friends don’t understand, members of the family don’t understand, but people in our support group understand… the feeling of “am I crazy or is the world crazy?” We laugh at the most ridiculous things, and we cry at the heartache too, but we can get together, and it feels just so different to not have to explain to people that

I’m heartbroken today, but I have to put it aside because otherwise I won’t survive.”

GRANDFATHER, Listen to the Diversity of Grandparents Stories Workshop

Service providers attending the forum spent time networking, swapping ideas and sharing knowledge. They called for an association of some kind to be formed that could assist workers with training and the development of sustainable services in addition to providing information and support to grandparents.

KEY FINDINGS - Grandparents have called for a national advocacy body to raise awareness and promote best policy and practice in the provision of services.

- Grandparents acknowledge that Grandparent Support Services and the specialised workers that staff them play an important role in empowering them to sustain long term care of their grandchildren.

- Aboriginal Grandparents have identified their desire to access culturally sensitive support through Aboriginal Grandparent Support workers.


RESPITE

For grandparents who are raising their grandchildren, respite is essential. They often feel ill-prepared for the lifestyle in which they find themselves and experience extreme changes they had not imagined. They speak of a loss of freedom and having to put aside the plans they had for older age and retirement. They lose their social life and often find relationships within the extended family are changed.

“We had the four-wheel drive and the caravan in the driveway. We were due to go away in May. In April the police arrived with the two children … Our daughter had died and the father was in hospital… that was four years ago. We haven’t gone away yet.”

GRANDPARENT, Grandchildren aged 5 and 7

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13 Appendix A, p28-30.

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Along with the challenges in their own lives, grandparents may have to deal with traumatised children who come with grief and fear and frequently play out these emotions with behavioural problems. For grandparents with little support, no training and few strategies for dealing with these behaviors, life becomes exhausting.

At the forum’s Respite Issues and Needs in Grandparenting Workshop attended by 48 people, grandparents talked of their isolation: “essentially we live under house arrest”, “no one visits my children at home”, “no one invites us grandparents for anything”.

Where children are in statutory care, grandparents told how they are only allowed to leave children with approved carers; they cannot leave children with friends and family unless they are prepared to undergo a rigorous assessment. One said: “Who would subject your friends and family to that? It’s been embarrassing enough for us!”

NSW grandparents spoke of their fear of giving officials the impression that they are not coping.

“I am in desperate need of respite, I get so tired but I’m scared to tell anyone that I need help in case they think I can’t cope.”

GRANDPARENT, Respite Issues and Needs in Grandparenting Workshop

Grandparents feel very protective of their grandchildren. When looking for respite or services to assist the children, easy to access, simple solutions are important to them. The complexity of their family situation often means emotions run “high”. In this environment it is important to them that realistic expectations of service provision are promoted.

Grandparents at the workshop had little or no knowledge of respite service provision through the Federal Government:

The Grandparent Child Care Benefit allows eligible grandparents up to 50 hours free childcare per week. Grandparents claimed the benefit was difficult to access unless they had legal custody of the children.

The Commonwealth Carers Respite Service is only available to families in which the person being cared for has a disability. Grandparents who fit the criteria claimed it was inadequate and generally not available due to the length of waiting lists.

State government-supported respite services are available:

• TimeforGrandparentssetupbytheSeniorsEnquiryLine in partnership with the Queensland Government provides a range of options for grandparents who are raising their grandchildren outside of the Qld Department of Child Services system.

• TimeforKidsinSouthAustraliaisanon-profitorganisation in partnership with the Grandparents and Relative Carer Program and pairs a child who is usually cared for by grandparents with a local family. The volunteers are registered foster carers with the Department for Families and Communities.

It was reported that in NSW respite is generally provided by non-government services. Services are generally small, localised and funded via grants or fundraising. They include camps for grandchildren and grandparents (both separate and together), financial support for children to attend school holiday programs and, in some areas, special programs for adolescents such as fun group activities that help reduce isolation.

Workshop attendees saw the value in being able to access regular respite options, as well as having services set up that could deal with emergency or crisis situations. Respite options that are highly valued by grandparents are services that are safe, appropriate to the children’s age and provided by people known to and trusted by both grandparents and grandchildren.

KEY FINDINGS - Respite is a highly valued support mechanism that contributes to the wellbeing of grandparents who are raising their grandchildren.

LEGAL ISSUES

In the Legal and Access Issues in Grandparenting Workshop13 held at the forum, more than 70 participants shared their experiences of the many legal issues surrounding grandparents who are raising their grandchildren. Grandparents expressed confusion about federal and state court jurisdictions, frustration at inconsistencies in the way custodial arrangements are supported, both within state departments and across state/territory jurisdictions, and anger at the costs involved in taking court action to protect their grandchildren.



Grandparents in the workshop nominated legal costs as a significant area of financial burden, particularly in going to court to gain formal custody of their grandchildren.

“...we went to the lawyers. Everyone has a story about the lawyers... and it was “put $20,000 up front and we’ll see what we can do.”

Legal and Access Issues in Grandparenting Workshop

With access to legal aid means tested, assets included, grandparents on moderate incomes must bear the full cost of legal representation. Grandparents told the forum that assets are a part of their retirement plans. Some told of having to take out mortgages on their homes and of going into debt to pay for legal services. Other grandparents just give up:

“...we have attempted the Family Court, after spending $20,000, and being told it would cost $80,000 to $100,000 to get to a full hearing, and because it was transferred [regionally] ... expert testimony etc ... we couldn’t afford that. We withdrew our application.”

GRANDPARENT, Legal and Access Issues in Grandparenting Workshop

Professor Cass spoke of the legal complexities surrounding grandparent-headed families; the inequities that exist for grandparents depending on the legal standing of the living arrangements within these families; and the disadvantage faced by the growing numbers of grandparents who care for their grandchildren without formal legal arrangements.

Professor Sol Encel told the forum:

“The absence of any specific legal status for grandparents contrasts with the increasing number of families where grandparents are acting in place of parents, as shown by the recent ABS survey. On the one hand, the law permits denial of access to grandchildren, which is the cause of much heartbreak. On the other hand, where grandparents have assumed the role of parents, the law does not provide them with any special protection.

Given the complexity of the situation, it is unlikely that legal changes will come about any time soon, but it may be time to reconsider the possibilities.”

Participants in the Legal and Access Issues in Grandparenting Workshop expressed frustration with the different systems of child protection and the long delays experienced while waiting for decisions to be made. Given the differing jurisdictions between federal family law and state/territory child protection system (including out of home care), many could see ample benefits arising from a national system of child protection within Australia.

Legal costs and the inability of grandparents to receive legal aid is an issue:

“So four years later through the Family Court and the parents don’t turn up for counselling and court. And they get legal aid. And you’re still going to court when you’re supposed to ... and everything gets dragged out and it costs you millions.”

GRANDPARENT, Legal and Access Issues in Grandparenting Workshop

Participants in the Legal and Access Issues in Grandparenting Workshop expressed the need for pro-bono legal assistance for grandparents in both federal and state/territory jurisdictions in all cases concerning care of or access to their grandchildren.

Researcher Dr Jan Backhouse recommends that grandparents be able to obtain“full and free access to the legal system in order to provide for the care and protection of their grandchildren”. Grandparents at the forum questioned the fairness of the legal system:

“How often can these parents get legal aid when they don’t comply with court decisions and requirements while we pay out our hard-earned money to protect the children?”

GRANDMOTHER, question to speaker

Legal Aid NSW representative Elaine Harrison spoke of the “principle of equity” that exists within Legal Aid: that while parents can apply for legal aid as many times as they wish, a merits test which looks at prior

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behaviour is used to prevent people abusing the system. She reminded grandparents of the requirement in family law for mediation in all family disputes, except in circumstances of child abuse and domestic violence.

Grandparents in the workshop called for a mechanism to enable grandparents to give consent on behalf of the grandchildren in their care.

Grandparents who have informal care of their grandchildren often experience difficulty in granting consent on behalf of their grandchildren regarding Medicare, medical appointments and procedures, school excursions and camps, and school dental clinics. Grandparents noted that the ability to give consent for practical purposes would be very welcome. Similarly, they believed their role would be more widely recognised if services were able to accept grandparent’s ability to give consent in cases where the grandparent is the person responsible for the child’s care.

In South Australia, an Informal Relative Caregiver’s Statutory Declaration is available to grandparents raising their grandchildren. This instrument allows grandparents and other kinship carers to easily give consent on behalf of their children. A nation wide expansion of this facility would be a very welcome method of supporting grandparents in their provision of care.

KEY FINDINGS - Older people who own their own home can be disadvantaged by the income and assets tests used to assess people’s right to Legal Aid.

- Grandparents seek greater access to Legal Aid and pro bono legal services.

- Grandparents raising grandchildren without custodial court orders are not empowered to give permission for medical procedures and school excursions.

- Grandparents who have not been able to form a relationship with their grandchildren, because of access issues, seek greater recognition of their role in legal processes.

FINANCIAL ISSUES

Years of research have shown that raising a grandchild places considerable financial burden on grandparents.

Professor Cass reported that two-thirds of grandparent-headed families relied on a government benefit or pension as their primary source of income. Low incomes and strained resources led to greater disadvantage as grandparents face the costs of re-establishing and maintaining a household in which there are dependent children with often complex needs. For self-funded retirees, savings and superannuation do not cover the costs they encounter in raising their grandchildren. They face the possibility of going on a pension or find themselves moving back into the workforce.

In all workshops at the Grandparenting Forum participants reported a lack of information regarding support and financial assistance, claiming that community workers are not always aware of resources that may be available to them at both state and federal levels. This is particularly true for those grandparents with informal custody arrangements.

“Without adequate financial, practical and emotional support, these non-statutory children are at a high-risk of placement breakdown and unnecessarily becoming part of the statutory system. The availability of support for these children and their kinship carers is the most proactive way of preventing further demand on the child protection system and avoiding preventable trauma for the children.”

Elizabeth McCrea

While in NSW grandparents can apply for a Supported Care Allowance following assessment by Community Services, other states such as Victoria, Tasmania, South Australia and Western Australia reported no such payment. Researchers and grandparents were of one voice in the call for national consistency regarding financial assistance to grandparents.

Australian state and federal governments must work together to provide adequate financial support to all grandparent-headed families regardless of whether the grandchildren have come into the care of grandparents through Commonwealth family law, state child protection legislation or by informal arrangement.

Dr Jan Backhouse



14 ABS, 2008, ‘4704.0 – The Health and Welfare of Australia’s Aboriginal and Torres Strait Islander Peoples.’ Australian Bureau of Statistics.

15 Ibid.

- Grandparents have called for a national advocacy body to raise awareness and promote best policy and practice in the provision of services.

- Currently, inconsistent levels of financial assistance between states and territories impede on grandparent headed families’ abilities to relocate interstate.

ABORIGINAL AND TORRES STRAIT ISLANDER GRANDPARENTS

For Aboriginal grandparents, raising grandchildren is often a way of life. Professor Cass highlighted the fact that the very meaning of kinship care is likely to be different in Aboriginal and Torres Strait Islander families, where extended families play a key role in the care of children. She pointed to “the impact of the disastrous history of removal of children of mixed Aboriginal and European parentage from families and communities, lasting until the latter half of 20th century” and noted that: “The distinctive culture of extended family care must be taken into account when considering the interconnected well-being of both grandparents and their grandchildren.

Aboriginal grandparents suffer the same hardships and emotional turmoil described within the research literature; however, their situation has not received the same focus as that of mainstream families, perhaps because so many grandparents have informal or voluntary care arrangements. Aboriginal grandparents attending the forum from across regional NSW swapped experiences and shared their stories, learning from each other as well as from speakers.

We didn’t know there were so many things available till we went to the forum … It was good to hear the stories from everyone and to find out what our sisters are doing.

Grandparents spoke of their deep mistrust regarding the role of government agencies and their reluctance to access services because of their fear of “the welfare” [sic]. They spoke of their frustration at the lack of information and knowledge of services, their disillusionment and lack of trust in mainstream support networks.

“Workers don’t always treat us with respect. They don’t see we need the same sort of

support [as other grandparents] ... in a way we can manage ... We don’t always understand [what we are told and what we read] and then they bully us and boss us around … it’s insulting when they do that … and then we don’t go back … and people say we’ve got a problem ... They need to learn about our ways too and to speak to us differently. We are a peaceful people ... we learn differently to you.”

Aboriginal Grandmother

Aboriginal families attending the Aboriginal Grandparent Care Workshop asked for user friendly information to be provided in a central location. Sheree Freeburn, Aboriginal Development Officer with Carers NSW, noted: “We have to work

holistically with Aboriginal communities.” She spoke of the complexities within families: “Like many people, while the parents relinquish care of the child, they won’t relinquish the payments. So many of our grandparents struggle on what benefits they can get.”

Statistics14 show that Aboriginal children are approximately seven times more likely to be in out-of-home care than non-Aboriginal children. In NSW almost 58 per cent of all Aboriginal children and young people in care are placed with relatives or kin15. According to Professor Cass, a further 22 per cent are placed with other Aboriginal care givers.

Aboriginal grandmothers say they are trying to break the cycle of drugs and abuse in their families. They ask that state, federal and local services recognise and honour their culture under which they have been providing kinship care from time immemorial.

In NSW, the Community Services Aboriginal Child Placement Principle gives preference to placing Aboriginal children with extended family members and Aboriginal communities. Grandparents at the forum noted they would like these principles to be more widely promoted. Those attending the Aboriginal Grandparent Care Workshop also acknowledged that greater community awareness of policies and programs to support Aboriginal families would be beneficial.

Grandparents whose grandchildren have high needs expressed a desire for greater access to training, advice

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and support. For those in regional and rural areas access to local and regional services is highly desirable.

“I’ve got the two young ones; I’ve had them for three years ... aged seven and 10 ... they’ve got severe problems. We went to Redbank to stay to do the family program there but we had to leave after a couple of days because they couldn’t contain the older one who was running away. We’re all on happy pills at the moment to try and sort out their ADHD and Oppositional Defiance Disorder. They’ve got major learning difficulties, social difficulties and post-traumatic stress disorder. They’re both very challenging. I don’t have any support. I’m supposed to have respite all the time, but I don’t get that because there are no carers out my way.”

GRANDMOTHER, Aboriginal Grandparent Care Workshop

The difficulties of dealing with fraught relationships with their children was a topic that was also discussed in the Aboriginal Grandparent Care Workshop. In this context it was thought that early intervention and prevention strategies would be really useful in avoiding many crisis situations that lead to children being taken into care.

Aboriginal grandparents seek greater access to services that are non-intimidating, culturally appropriate, well-publicised and including supports to help parents and grandparents work together once the child is with their grandparent. Where Aboriginal grandparents are supported with honour and understanding the results are proven. In Penrith, west of Sydney, the Aboriginal Catholic Ministry* provides such a service:

“I’m raising my little grandson … I’ve had him since he was 18 months old, he’s 14 now. His father died when he was 26 and he’s got two sisters who live with his other grandmother. I do a couple of days volunteering work at the Aboriginal Catholic Ministry* in Penrith. It’s a lovely meeting place for us all around the same age group. All the voluntary workers, we’ve all got grandchildren that we’re raising … I feel like a different person since I started going there, whereas before I was downhearted and lost. It’s

sort of a place that picks you up … It gives you the incentive to want to do things, you know? … It’s a little home away from home and we’re very proud of the place, everyone loves going there.”

Grandmother, Listen to the Diversity of Grandparents Stories Workshop

Aboriginal grandparents spoke of the need for a network for grandparents who care for their grandchildren similar to the Foster Carers Association and the Two Women Dreaming group at La Perouse.

KEY FINDINGS - Aboriginal Grandparents have identified their desire to access culturally sensitive support through Aboriginal Grandparent Support workers.

- It is important to acknowledge that Aboriginal Grandparents may be members of the Stolen Generations, therefore culturally sensitive and respectful information is vitally important.

- Grandparents raising grandchildren are not always aware of the supports and services they are eligible for.


* The Aboriginal Catholic Ministry is now known as Aboriginal Catholic Social Services

GRANDPARENTS PROVIDING INFORMAL CHILDCARE

Research panellist Professor Jennifer Bowes of Macquarie University’s Children’s and Family Research Centre, in her presentation to the Grandparenting Forum looked at current research into informal child care provided by grandparents. She noted that the main reason for grandparents providing child care was to allow parents to study or work, showing that about one in five children is being cared for on a regular weekly basis by one or more grandparents. While grandparent care is more likely to be provided by a grandmother than a grandfather, studies show that the grandparent concerned is equally likely to be a maternal or paternal grandparent.



16 May 2008, Child and Family Practice Forum, Parramatta.

It was reported that grandparents provide, on average, between 9 to 12 hours of childcare per week to young children of pre-school age through to early school years. Professor Bowes spoke of the developmental importance of grandparent care for children and the high degree of satisfaction with that care reported by parents. Grandparent satisfaction; however, can range on a continuum between seeing it as the highlight of their life to feeling constrained, isolated and experiencing a loss of freedom, the majority of grandparents claiming that caring for their grandchildren is mainly a pleasure. These grandparents also report; however, that long days are tiring and there can be drawbacks such as clashes with parents regarding discipline or other aspects of child rearing.

Professor Bowes called for policy discussion on how grandparents might be better supported in the important role they play in the lives of young children and their families, for further research on the particular benefits to children of regular grandparent care, and on the needs of grandparents who regularly care for grandchildren. She said that resources and services are needed to assist grandparents in the valuable service they provide to their grandchildren, their children and to the wider community.

CULTURALLY AND LINGUISTICALLY DIVERSE GRANDPARENTS

PROVIDING INFORMAL CHILD CARE

The Cultural Perspectives in Grandparenting Workshop reported the need for more research regarding culturally and linguistically diverse (CALD) grandparents. Grandparents in CALD communities make hefty contributions to the family through the provision of high levels of informal child care. It is widely accepted that grandparents in CALD communities spend a great deal of their lives caring for their grandchildren, taking on a ‘parenting’ role, sometimes up to seven days a week. They play a major role in raising their grandchildren in that they may be part of the grandchildren’s lives 24 hours a day, often being brought to Australia specifically for childcare provision and living within the parental home.

Service Providers panellist Sanja Blanusa spoke of the isolation CALD grandparents experience due to their language difficulties, inability to mix in the community, lack of independence, and lack of information regarding support and services.

For CALD grandparents, generational differences

in parenting methods may be exacerbated by cultural differences as parents and children become westernised outside the family home while grandparents hold to their cultural norms. Grandparents who have been brought to Australia on temporary visas can find themselves financially and emotionally dependent on their children. As grandchildren grow older and need less care, these grandparents can lose their role within the family, sometimes being forced to leave the family home with nowhere to live or being sent back to their country of origin. Both actions cause great pain and grief.

Community workers16 speak of the disruption children can experience when a grandparent’s visa expires and both grandparent and child are returned to their country of origin for months on end. This situation results in children losing continuity in day care or pre-school settings and disjointed family relationships in their formative years.

The Cultural Perspectives in Grandparenting Workshop recognised that the role of CALD grandparents should be more widely promoted so that service providers, the wider community and even the children’s parents have a greater understanding of their situations. It was suggested that encouraging CALD grandparents to attend programs and activities meant for parents would be a good way to engage them and their grandchildren in community activities and promote greater social inclusion.

Attendants of the Cultural Perspectives in Grandparenting Workshop also suggested that there was a need to foster opportunities to exchange information between generations so parents of children could gain a greater understanding of ‘parenting’ for grandparents and be better equipped to support them. Culturally specific and grandparent-focussed playgroups were also identified as innovative methods of enhancing peer support for CALD grandparents.

There will be some work to do in introducing the idea of playgroups to some CALD communities however, if this can be done respectfully they could be extremely successful. As Sanja Blanusa from St George Migrant Resource Centre told workshop attendees:

“It is crucial that parents, grandparents and carers are informed about the importance and benefits of playgroups.”

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17 April 2008, Seniors Week Activity, Bankstown

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- There is a lack of widely distributed, multilingual government, community and legal information resources to assist CALD grandparents.

CALD GRANDPARENTS DENIED ACCESS TO GRANDCHILDREN

It was reported that in families in which there is a divorce, CALD grandparents may find themselves either left with the children or denied access to their grandchildren. Cultural norms often prevent grandparents speaking out or seeking assistance; they also are the cause of many family conflicts.

Cases are reported of grandparents having restricted contact with their grandchildren or being entirely deprived of contact due to differing cultural values, child rearing practices and family norms. In cross-cultural families and mixed marriages, it has been reported that some grandparents are not allowed to speak to the grandchild in their native language or pass on their cultural customs.

CALD grandparents attending a Seniors Week Grandparenting Workshop in Bankstown17 told of their pain and fear:

Our son married a woman of [nationality] … we have been forbidden to see our grandchildren. Only the mother’s family sees them and they have big family gatherings. Our culture is seen as inferior … We send cards and photos. We are allowed an occasional phone call … Our grandson contacts us by email but we are scared he will get into trouble. He wants to see us … it is very sad … heartbreaking

Sanja Blanusa told the forum that reaching and supporting grandparents from other cultures is hard and most often neglected by community services. She said that mainstream services often do not have sufficient resources or ability to work with CALD children and families, therefore many were not accessing highly needed and effective services. In many cases such services simply cannot accommodate a diversity of needs or are not promoted to CALD communities.

KEY FINDINGS - The service/support needs of CALD Grandparents cannot always be met by mainstream grandparent support services.

- There is a lack of widely distributed, multilingual government, community and legal information resources to assist CALD grandparents.

GRANDPARENTS DENIED ACCESS TO THEIR GRANDCHILDREN

“After my son and his partner separated bitterly more than two years ago, I felt that my chances of seeing my then three-year-old grandson were going to be diminished. Little did I understand then that, in fact, it was going to be a loss akin to a slow death.”GRANDMOTHER in her submission to the Grandparenting Forum

While issues surrounding grandparents who are raising their grandchildren have been well-researched and documented over the past decade, the plight of grandparents who have been denied a relationship with their grandchildren has not had such a strong focus. This increasingly vocal cohort of grandparents came to the Grandparenting Forum in numbers to talk of the gaps created by a legal system that recognises the right of children to a relationship with “people significant to their care”, including grandparents, yet has little provision for grandparents’ rights. There is no recognition that grandchildren are people significant to the well-being of grandparents.

Professor Encel pointed to international research and examples within the European Union which show Australian grandparents are not alone in their fight; grandparent associations are being set up in Britain and the USA as grandparents struggle worldwide. He recognised the benefit of healthy intergenerational attachments and the anomalies that exist within family law: “The law can protect grandchildren from harmful relationships with grandparents; it can also obstruct grandparents from helping and caring for grandchildren and actually harm the grandchild’s development.”

After listening to grandparents who attended the Legal and Access Issues in Grandparenting Workshop, Sue Field, specialist in elder law, recognised the “anguish and frustration of grandparents”. She acknowledged that the justice system has failed them; that grandparents are a “collective group that have suffered together ... The responsibilities of grandparents are moral but the legal rights are essentially non-existent.”



In telling their stories, those grandparents who have been denied access to their grandchildren found many of their feelings run parallel with those of grandparents raising their grandchildren. They report feelings of loss of their grandparent role, isolation and alienation from other grandparents who have ‘normal’ family relationships, and shame and guilt over their family situation:

“We have no contact with our grandchildren, we’ve never seen them, we’ve never even seen a photo, it was only through an Apprehended Violence Order application that I found out about the name and date of birth of my second grandchild. Not only have we lost grandchildren, we’ve also lost our son. He went away with this young woman nine years ago; he cut off from his past. We weren’t invited to the wedding…we’re completely cut out, as is the whole extended family. Only her family, the maternal family, have any contact. This has taken an enormous toll on our lives.”

GRANDMOTHER, Listen to the Diversity of Grandparent Stories Workshop

When parents exercise control over visitation rights and forbid grandparents their role within families, grandparents grieve — and children suffer. While reform of the Family Law Act 1975 specifically includes grandparents in the recognition of the right of children to a relationship with “people significant to their care”, not all grandparents are taken into account. These grandparents have been lobbying for change and some propose that there should be a presumption of grandparents’ rights of access to their grandchildren:

“We know that we really don’t fit under the new 2006 reforms under the new Family Law Act, hence we are now lobbying, under our lobbying group, Grandparents and Grandchildren Contact Lobby, … for further reforms under the Act to take into account people like ourselves; grandparents who have no pre-existing relationship with our grandchildren ... We have been to Canberra, and I have to say the new government was very receptive to us. We had a meeting with four advisors from the Attorney

General’s Department, and so that’s the stage we’re at now.”

GRANDFATHER, Listen to the Diversity of Grandparent Stories Workshop

Dennis Farrar, mediator at the Family Relationship Centre in Blacktown, noted that recent changes in family law require families to attempt mediation before bringing a matter to family courts. He noted that the Family Law Act 1975 recognises the important role grandparents can play in the life of a child and urged grandparents to use available services to assist them.

Grandparents at the forum reported that they were aware that mediation services are available to grandparents when seeking visitation rights however; they agreed that greater promotion of these services would be beneficial. They also expressed a desire to learn more about how the role of Family Relationship Centres and how they could assist grandparents. Regional and rural grandparents expressed a desire for greater outreach as they thought telephone mediation services were not an optimum model for successful outcomes.

As with grandparents raising their grandchildren, those denied access within families struggle with the legal aid system and eligibility criteria as well as confusion on the legal jurisdiction between courts. Grandparents spoke at the forum of the crippling costs of Family Court proceedings, citing many cases in which grandparents had given up the fight to be a part of their grandchildren’s lives simply due to the costs involved.

Campaigner and grandmother Di Underwood, who has been fighting for grandparents’ rights for years, urged grandparents to represent themselves in court and pointed people towards information available through the Law and Justice Foundation. Coral Slattery from the Family Law Reform Association NSW urged grandparents to become informed regarding the assistance that is available to them. Coral spoke of the positive outcomes of being well informed when dealing with stressful situations:

Information is empowerment and gives you the strength and knowledge to be able to handle the worst of your problems. That’s why I decided to compile [an] information guide so that you will know what resources are available to assist you to help yourself.

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18 Faye, B. & Sellick, M. 2003, ‘Advocare’s Speak Out Survey SOS Abuse Prevention Program’, Advocare Inc.

One Victorian grandmother in her submission to COTA NSW wrote: “We are today part of a new and different Stolen Generation. We are the grandparents of grandchildren stolen from us by their hurting and hurtful parent.” She demonstrates her isolation and shows the need for support in her attempt to gain legal access to her grandson:

“Within a month of the separation, I began trying to set up arrangements with the mother of the child whereby I could see my grandchild or speak with him on the phone. Three months after the separation, there being no answering of the phone calls, I made my first step into the legal scene. I went to the Family Court in William Street to attend an information video presentation. I can’t explain how dreadful that first day was! There was such an overwhelming sense of pain in that building, that I actually thought I would be ill. So I went outside again for some fresh air and, after a short while, returned to the building to view the video. Lesson number one: try to not be alone when attending the prescient [sic] of the Family Court!”

This example provides some sage advice on the value of peer support and company when engaging in legal proceedings.

Research18 identifies grandparents who are denied a relationship with their grandchildren as suffering elder abuse — social abuse that has a psychological impact on their lives. It is the belief of the forum and COTA NSW that grandparents’ rights and needs should be recognised and enshrined within family law, as are the rights of the child. Healthy intergenerational relationships need to be fostered within healthy communities, with the recognition that children are “significant people” in the lives of grandparents, no matter the cultural or religious differences or the conflict between parents leading to family breakdown.

It was the forum’s view that income and assets eligibility criteria for legal aid should reflect the assets test that governs the Age Pension in order to allow greater access by grandparents. Legal Aid NSW

representative Elaine Harrison spoke of the agency’s role in mediation and dispute resolution, telling the forum that not all matters are suitable for mediation or dispute resolution. However, Ms Harrison asserted that “mediation has benefits in preserving and or enhancing family relations”, urging grandparents to try mediation first in family dispute matters.

Grandparents attending the Legal and Access Issues in Grandparenting Workshop hope for an environment in which the voices of the children are heard in legal proceedings. This would allow a child’s wishes for a continuing relationship with their grandparents to be given weight in any decisions of the court. Dennis Farrar spoke of “child inclusive practice” in mediation through Family Relationship Centres: “Sometimes the conflict can be so strong that parent’s views and grandparent’s views get so clouded by their anger and hurt [that] the children’s views get left out.” He said that child consultants can be engaged to provide information to proceedings regarding the child’s perspective.

KEY FINDINGS - Grandparents do not feel that the role they play in the lives of children is consistently recognised in legal processes including dispute resolution.

- Grandparents who have not been able to form a relationship with their grandchildren, because of access issues, seek greater recognition of their role in legal processes.

- The voices of grandchildren and grandparents are not always heard in legal processes diminishing the value of intergenerational familial relationships in this sphere.

- Older people who own their own home can be disadvantaged by the income and assets tests used to assess people’s right to Legal Aid.

- Grandparents seek greater access to Legal Aid and pro bono legal services.

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CONCLUSIONA repeated theme of the NSW Grandparenting Forum was how access to clear consistent and easily accessible information had empowering people. Grandparents spoke of how even the most difficult of situations was made more bearable when they were armed with facts and realistic expectations. Calls from grandparents and service providers regarding the need for a one-stop-shop information service for grandparents were overwhelmingly supported by those in attendance. There was also a resounding call for a national association with a mandate to lobby governments at all levels, linking informed and interested parties to track the issues, research, policy and service development for grandparents.

There was once again agreement between grandparents, service providers and researchers that grandparents need and deserve recognition in the various roles they play within families and the wider community. It was agreed that service development must happen within an easily accessed system of support that meets the needs of grandparents across all cultures and that specialised training should be available to staff providing those services within the community and government agencies.

Whether they are raising their grandchildren, denied access to their grandchildren or providing child care, grandparents often find themselves in complex situations. There are no easy or one size fits all solutions in these cases. However, grandparents would benefit enormously from any strategies to enhance greater recognition of their efforts. With greater recognition, isolation is reduced and feelings of inclusion are fostered, creating more positive environments for grandparents that contribute so much to our children and families.

The forum laid fertile ground for continuing many conversations on how best to recognise and practically support grandparents. We learned how information, peer support, access to services and recognition were important in meeting grandparents’ practical, social and physical needs. We look forward to working with all stakeholders in this environment- Government, service providers, researchers and grandparents themselves to continue to listen and respond to grandparents. In working together in a collaborative manner the chances for positive outcomes to be realised are given the best chance of success.

POSTSCRIPT Since April 2008 to the present day COTA NSW continues to work in a number of environments to advocate and lobby for grandparents. In moving forward to answer the calls made by grandparents at the forum, COTA NSW has been engaged in the following work:

The NSW Grandparent Relative and Kinship Caring Alliance was established in 2008. Convened by COTA NSW, the Alliance is designed to bring together service providers, grandparents and other interested parties to: develop a campaign and implementation plan around the key findings, share information, stay abreast of developments in the policy and service industry, and advocate for the rights and needs of grandparents and relatives and kin caring for other peoples’ children. There are plans for this alliance to develop nationally.

A Grandparents Day Working Party has been set up to look at the development of a day that will raise awareness of the various roles grandparents play within families and the community, heighten awareness of the importance of healthy intergenerational relationships, and honour grandparents and their relationships with their grandchildren.

COTA NSW has represented grandparenting issues at the Centrelink Community Engagement Workshop in Canberra and the Australian Institute of Family Studies Research Consultation in Sydney. In search of practical mechanisms to foster grandparents’ rights, COTA NSW continues to consult with the NSW Department of Community Services, the NSW Attorney General’s Department, the NSW Child Support Agency and Legal Aid NSW regarding the development of information and services to grandparents.

COTA NSW has met with the Hon. Linda Burney, Minister for Community Services, to talk about a number of issues relevant to grandparents. In August 2009, the Minister granted our request for a place on the Department’s Community and Carers Advisory Group (CCAG). This group was set up to further the consultation process as the government proceeds with the work set out in Keep Them Safe. We look forward to continuing to represent the needs of grandparents in this forum in the coming year.

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COTA NSW is working towards developing and maintaining open lines of communication with the NSW Community Services. Throughout 2009, COTA NSW has been meeting with Senior Policy and Operational Staff at Community Services (formerly known as the Department of Community Services or DoCS) to discuss opportunities to work together and share information. Our representations have been received positively and with openness.

COTA NSW gratefully acknowledges the contribution of all participants in the 2008 Grandparenting Forum and maintains its commitment to work inclusively and cooperatively with grandparents, service providers and government bodies in the development of legislation, policies and procedures aimed at meeting the diverse needs of grandparents.

COTA NSW staff have been engaging with consumer groups throughout NSW to talk about grandparenting issues, share information and promote self care strategies.

The raising grandchildren website has been reworked to make it more comprehensive, user-friendly and interactive. The revamped website will be operational early in 2010 @ www.raisinggrandchildren.com.au



Definitions There are currently three main ways in which a grandparent can come into the role of raising their grandchildren.

Federal jurisdiction

•CommonwealthFamilyCourtParentingOrders

Grandparents can apply through the Family Court to have the children removed from parental care and placed with them. Children are generally placed with grandparents under a Parenting Order through the Family Court, which makes deliberations under the Family Law Act1975.

Grandparents may be eligible for financial assistance through the Family Assistance Office, Child Support Agency, Centrelink and Medicare. Information regarding assistance will not be given in court and must be applied for by grandparents.

Community Services have no jurisdiction within this court as it is within the federal court system. Grandparents can apply to Community Services for financial support, which may be granted following a non-means tested assessment.

State jurisdiction

•Children’sCourtCareandProtectionOrder

This is statutory out-of-home care granted on application from the child protection authorities (Community Services). The Minister has parental responsibility for the child or young person by virtue of an order of the Children’s Court. The Children’s Court of NSW deals with matters related to the care and protection of children and young people and also criminal cases concerning them.

The state authorities retain legal responsibility for decisions relating to the children and grandparents in this category take on the same role as foster parents. They are assumed to have access to the same benefits as foster parents, including support services. This means, as carers, the grandparents receive non-taxable, non-means tested payments from the NSW Government through Community Services towards the cost of raising their grandchildren, as well as support services assessed as necessary by the child protection authority.

Grandparents may also be eligible for federal government assistance through the Family Assistance Office, Child Support Agency, Centrelink and Medicare. Information regarding this assistance may not be automatically given by Community Services and must be applied for by grandparents through each of the agencies.

•Informalarrangements—sometimesreferredtoas“voluntary care”

Informal arrangements within families are the most common way that children come into the care of their grandparents. This is generally an arrangement within the family which may or may not have the agreement of the parents, and may or may not involve the state child protection authorities (Community Services).

As the ultimate legal responsibility for the child remains with the parent, problems arise for grandparents who do not automatically have any legal rights regarding their grandchildren or access to benefits. Grandparents find they are unable to make important decisions regarding their grandchildren’s health and education and may not be entitled to financial and other types of support needed when taking on the responsibility of raising their grandchildren. Many grandparent carers report that Community Services’ policy is inconsistently applied to these grandparent carers.

Grandparents can apply to the Family Court to obtain an order to formalise this arrangement. However, they often do not make an application because they are loathe to antagonise the parents, cannot afford the cost of legal action, or are concerned they may lose custody of the children.

Grandparents can apply for an allowance that is non-taxable and non-means tested from the NSW Government (through Community Services) towards the cost of raising their grandchildren. They must undergo an assessment with Community Services and Community Services may require some follow-up involvement with the family.

Grandparents may also be eligible for federal government assistance through the Family Assistance Office, Child Support Agency, Centrelink and Medicare. Information regarding this assistance may not be automatically given by Community Services and must be applied for by grandparents through each of the agencies.

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Definitions used by Community Services

Relative Care

‘Relative care’ is the care of a child or young person by an extended family member whose relationship is defined by the Children and Young Persons (Care and Protection) Regulation 2000, under Part 2, clause 5. A child or young person is “related” to, or a “relative” of, another person, for the purposes of the Act:

(a) if the child or young person is the child, step-child, grandchild, brother, sister, step-brother, step-sister, uncle, aunt, niece or nephew (whether by consanguinity or affinity) of the other person, or

(b) if the person has parental responsibility for the child or young person (but not including the Minister or a person who has parental responsibility other than in his or her personal capacity), or

(c) if the child or young person has been paced in the care or custody of the other person in accordance with the Adoption of Children Act 1965.

Kinship care

The Children and Young Persons (Care and Protection) Act 1998 does not include a definition of kinship care. The term kinship is a flexible concept which embodies different meanings for different cultural groups with regard to social relationships, personal family connections and expectations of responsibilities and behaviour.

For the purposes of policy, kinship is defined as care with a person who is not a relative of a child or young person, but who shares a cultural, tribal and/or community connection that is recognised by that child or young person’s family and community.

Most children and young people are placed in relative, kinship or foster care. Relative and kinship care is where children are placed in the home of relatives or kin who are authorised carers of the child or young person.

Out-of-Home Care

Under the Children and Young Persons (Child and Protection) Act 1998 (the Act) there are three types of out-of home care arrangements. These are:

1. Statutory OOHC

A child is in statutory out-of-home care when the Children’ Court has made an order requiring them to

live with a person who is not their parent in a place which is not their parental home for a period in excess of 14 days or if the child is a protected person.

A protected person for the purposes of the Act includes a child who is a ward of the Supreme Court, a child who is under the parental responsibility of the Director-General while awaiting adoption or a child for whom the Minister has parental responsibility under the Family Law Act 1975.

Only an authorised carer may provide statutory out of home care.

2. Supported Out-of-Home Care

A child is in Supported Out-of-Home Care when the Director-General forms the opinion that a child or young person is in need of care and protection and that care is arranged and supported by the Director-General. It includes:

• Temporarycare-wherethefamilyissupportedto resolve issues concerning the child or young person’s safety, welfare and well being. Temporary care arrangement are made with a view to restoring the child to their parents and with the consent of the parents except in certain limited circumstances where the parents cannot be located or are unable to consent. Temporary Care arrangements are made for a maximum of 3 months and may be extended for a further 3 month period. Temporary Care arrangements may not exceed 6 months in any 12 month period.

• OtherSupportedOut-of-HomeCare-whereanassessment by Director-General determines that the child is in need of care and protection.

There are strict requirements to review supported out-of-home care arrangements within 21 days of a child being placed in such an arrangement.

The review must consider restoring the child to the care of their parents or develop a care plan to meet the child or young person parenting needs.

If a child or young person has been in supported out-of-home care for a period or periods exceeding 3 months in any 12 month period a review must be undertaken. At the conclusion of the review a decision must be made as to:



o whether restoring the child or young person to family is possible and if not, how the parenting needs have been met, and

o whether a care application should be made for the re-allocation of parental responsibility in relation to the child or young person.

Carers providing supported out-of-home care must be authorised and are eligible for an allowance from Community Services.

Private family arrangements where the child is placed in the care of relatives or kin without the involvement of Community Services are not supported out of home care arrangements as defined by the legislation. Relatives or kin caring for children under these private arrangements do not have to be authorised and are not eligible to receive an allowance from Community Services. Income support for these cases is primarily the responsibility of the Commonwealth Government.

3. Voluntary Out-of-Home Care

These are arrangements made by parents with a designated agency or an agency registered with the Children’s Guardian. These arrangements do not generally involve Community Services.

These arrangements are usually made for children and young people with disabilities in respite care. The Children’s Guardian is currently developing policies and procedures relating to intake and interagency co-ordination in voluntary out-of-home care.

From 24 January 2010 there is some monitoring of these arrangements including the involvement of a Designated Agency if the child is in Voluntary Out-of-Home Care for more than 3 months in any 12 month period and a care plan must be developed for the child or young person if they are in Voluntary Out-of-Home Care for more than 180 days in any 12 month period. If these requirements are not met the agency must report the child or young person to Community Services.

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CHANGES TO LEGAL AID MEANS TEST, SEPTEMBER 2007

MEANS TEST THRESHOLDS PRE 2007 $ FROM 3 SEPT 2007 $

Income Thresholds (Per Week) Means tests A And B

Max Sydney housing allowance 280 320

Max non-Sydney housing allowance 213 220

Allowance per dependant (and maintenance/child support) 91 100

Child care limit 144 169

Income eligibility threshold (per week) 269 318

Assets Thresholds Means test A only

Housing equity allowance 252,035 521,100

Car equity allowance 14,990 15,100

Farm/business equity allowance 270,000 287,750

Documents

listening to Grandparents - COTA NSW...issues concerning grandparenting in the 21st century. In the turmoil of today’s ever more complex society, pressures on grandparents are very