Parliament has approved a contentious bill that will see adoption considered for children in state care who can't be reunited with their parents, despite concerns raised by Aboriginal and Torres Strait Island services.
The legislation was introduced in response to a Coroner's recommendation that adoption be "routinely and genuinely" considered by child safety officers, following the death of Caboolture toddler Mason Jet Lee.
Children who've been under long-term care orders would have their cases reviewed after two years, and the changes would then see adoption considered - if they can't be cared for by their parents, extended family or another suitable person.
Adoption would be a last resort for Aboriginal or Torres Strait Islander children.
Numerous organisations expressed alarm over the amendments when a parliamentary committee examined them - including the Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP).
"There is no doubt in my mind that these changes to the law will lead to the forced adoption of Aboriginal and Torres Strait Islander children," said chief executive Garth Morgan.
"My confidence in the committee process has been severely undermined by the lack of consideration or acknowledgement of expert advice."
QATSICPP twice made submissions opposing the legislation, writing that adoption was a contentious issue for Aboriginal and Torres Strait Islander communities.
It said past experiences of state intervention resulted in extreme trauma, cultural dislocation and long-lasting negative outcomes.
'Token acknowledgement' of submissions
QATSICPP said, in its view, Aboriginal and Torres Strait Islander children should not be adopted out under the Act at all.
Cathy Pereira, principal solicitor at the Aboriginal & Torres Strait Islander Women's Legal Services North Queensland, also wrote a submission.
"We represent Aboriginal and Torres Strait Islander families . [adoption] is stated to be a last resort for Aboriginal and Torres Strait Islander children and our submission is that it should not be an option at all," Ms Pereira said.
"It's not just the impact and the ongoing legacy of the Stolen Generation, but also that there is no scrutiny or oversight for adoption, and adoption does not address the underlying cause of child protection intervention."
Ms Pereira said the current model of child protection was ineffective, with much more funding needed for frontline support for vulnerable families, to prevent child protection issues arising.
"I don't feel like the issues have been addressed . really there's been token acknowledgement of the submissions raised by various community and other groups," she said.
'Only if there is no better option'
Minister for Children Leanne Linard told Parliament that she acknowledged adoption was a very sensitive issue.
"For Aboriginal and Torres Strait Islander children, the bill provides that adoption is the last preference . this recognises that adoption is not part of Aboriginal tradition or Torres Strait Island custom, and should be considered as a way of meeting the child's need for long term stable care, only if there is no better available option," she said.
She said adoption was already available as an option to achieve permanency, and the bill did not require adoption to be pursued.
"Instead, the bill clarifies that adoption is an option as part of a suite of alternative, long-term options available," she said.
Ms Linard said there was an Aboriginal and Torres Strait Islander Child Placement Principle, embedded in legislation, which states that children being placed in care have a right to be placed with a member of their family group, and that a child in care has the right to be supported to develop and maintain a connection with their family, community, culture, traditions and language - particularly when in the care of a person who is not Indigenous.
"The Act requires that the department have regard to these principles when making a significant decision about an Aboriginal or Torres Strait Islander child.
"Nothing in this bill proposes to change the application of these important principles."
Ms Linard told Parliament the government was working with QATSICPP to explore permanency outcomes for 30 Indigenous children under three years old, who are not placed with family or community kin.
The state government has also reviewed case plans for 141 children under three years old who are on long-term orders, and another 880 children under three years old who are on short-term orders.
A chief practitioner to oversee improved permanency outcomes across the department was appointed in September.
In the past seven years, 10 children have been adopted from Queensland's child protection system.
'This bill will do more harm than good'
Yasmin Dunn is the Queensland Branch president of the Australian Association of Social Workers, which also made submissions to the parliamentary committee examining the bill.
"Adoption is already happening in the out-of-home care system even without this legislation," Ms Dunn said.
"By enshrining adoption as an option for vulnerable children, we are concerned that the bill runs a high risk of streamlining and fast-tracking adoption. We are concerned this bill will do more harm than good."
For children under the long-term guardianship of the state, the department would need to review their case plans after two years to consider if there was a better way of finding permanency.
Ms Dunn said it could take much longer to address complicated issues relating to parent's backgrounds, which may have included abuse or neglect, and in the case of Aboriginal and Torres Strait Islander families, issues of intergenerational trauma, dispossesion and structural inequality.
"We do think it's unreasonable that adoption be considered after two years, particularly when we think of resourcing and workload issues within the department," she said.
Ms Linard told Parliament that the bill did not impose a 'time limit' on achieving reunification, or require that adoption be considered.
"A child being cared for by their family continues to be the first perference for deciding whether an action or order achieves permanency for a child," she said.