7 April 2016

Planned Repeal of Act Pleases Disability Organisation

National community organisation, CCS Disability Action, is pleased that the Government has finally committed to repealing Section 141 and 142 of the Children, Young Persons and the Families Act.

CCS Disability Action National Leader Intensive Family Services Care & Protection Advisor, Jenny Hoskin-Wyber, says there are three Sections under the Act which deal with extended care agreements for children (Section 140, 141 and 142). These extended care agreements are full-time, but time limited, out-of-home placements for children. They are used when a family cannot provide day-to-day care for their child, and require the child to be placed elsewhere for an extended period of time. In general this is for six months or sometime one year. Placement can be in a foster family or a residential home (A home run by an organisation).

However, Section 141 and 142 (which only apply to disabled children) have discriminated against disabled children for many years. Ms Hoskin-Wyber said she’s delighted to see the Government plans to repeal these.

Section 142 is rarely used now but under Section 141 disabled children can be left in foster or residential care indefinitely (unlike non-disabled children who are expected to return home within a reasonably short period of time). Under Section 141 a family can choose to leave their child in a residential home until they reach adulthood. The disabled child has no say about this and is not provided an independent advocate to speak on their behalf, as non-disabled children are.

“Although foster care is an option for disabled children under the Act, foster carers who can take disabled children in their homes are rare. Physical access to the home is often an issue (where children are in wheelchairs, for example). The result has been children growing up in residential homes – not in family homes. This is not our view of “an ordinary life” and one reason CCS Disability Action has been advocating for some time for repeal of a process we consider to be both archaic and against human and child rights.”

Ms Hoskin-Wyber said he does not criticize families who cannot cope, and need care for their children.

“Raising a disabled child can have a huge impact on the lives of all family members. Some families need support for periods of time, and having their child cared for elsewhere may be the best option in the short term. However, what we are saying is every child has the right to live in a family environment – and for their needs to be assessed regularly. Placing children in residential care at a young age and leaving them there should not be an option – especially not one condoned by our own legislation,” said Ms Hoskin-Wyber.

She said CCS Disability Action believes disabled and non-disabled children should come under one Section of the Act, with equal rights. She hopes this will now happen.
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