Parents rights

Families have the primary responsibility for the upbringing, protection and development of their children.

For the most part, the law allows parents to bring up their children according to their own values and beliefs. This means that parents have the right to make decisions about their child or young person's upbringing without interference unless a parent's action or inaction causes harm or places their child at risk of harm.

The right to protection of families and children recognises families as the fundamental unit of society and ensures that children receive the special protection they need, in their best interests.

The right to protection of families and children recognises families as the fundamental unit of society and ensures that children receive the special protection they need, in their best interests.

Section 26 of the Human Rights Act 2019 says that:
1. Families are the fundamental group unit of society and are entitled to be protected by society and the State.
2. Every child has the right, without discrimination, to the protection that is needed by the child, and is in the child’s best interests, because of being a child.
3. Every person born in Queensland has the right to a name and to be registered, as having been born, under a law of the State as soon as practicable after being born.
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Parents of a child in care

Being separated from your child can be a difficult and emotional experience. As a parent involved in the child protection system in Queensland, you have rights under the Charter of Rights for parents involved with the child protection system in Queensland. These include:

maintaining life-long relationships with your children
having a choice and a say in decisions that affect your family
having time and space to respond to concerns about your parenting
accessing support services to prevent Child Safety’s involvement with your family.

As a parent in Queensland, when you are involved in child protection matters, you have the right to:

Recognition and equality	You are entitled to enjoy your human rights, and equal and effective protection against discrimination.
Information and freedom of expression	You are free to think and say what you want to say. You have the right to find, receive and share information and ideas.
Legal representation and a fair hearing	You have a right to a fair hearing. This means the right to have criminal charges or civil proceedings decided by a competent, independent and impartial court or tribunal after a fair and public hearing.
Protection of family	Families are entitled to protection. Families are the fundamental group unit of society and are entitled to be protected by society and the state.
Support	You will have support to ensure your child’s safety, wellbeing, and best interests: Every child has the right to be safe and protected from harm. You play the most important role in raising, protecting, and supporting your child. The preferred way to keep your child safe is by ensuring you have the support you need. If your child is ever removed from your care, support should be available to help reunite your family.
Culture	You have the right to enjoy your culture, declare and practice your religion and use your languages.
First Nations cultural rights	You hold distinct cultural rights, including the right to practise your beliefs, teachings, and use your languages, protect and develop kinship ties, and maintain relationships with the lands, seas and waterways.
Privacy, confidentiality and reputation	You have the right to keep your life private. Your family, home or personal information cannot be interfered with, unless the law allows.

This information is from the Charter of Rights is part of the Child Protection Act 1999 and the Human Rights Act 2019.

Aboriginal peoples and Torres Strait Islander peoples in Queensland hold distinct cultural rights. The Charter of Commitment includes the rights to practise their beliefs and teachings, use their languages, protect and develop their kinship ties, and maintain their relationship with the lands, seas and waterways. Including:

acknowledging that Aboriginal and Torres Strait Islander peoples have distinct cultures and practices that must be respected, understood, and considered in any decisions made about your family. The term ‘parent’ can mean cultural parent, including extended family or kin recognised in Aboriginal and Torres Strait Islander family and community structures and child rearing practices
receiving information about your right to your own independent support and advice that is culturally safe, appropriate, trauma informed and healing focussed. Child Safety will actively help you get this support
being able to develop, maintain, strengthen and protect your kinship ties and have these acknowledged, understood and respected
being able to follow cultural birth protocols, including ceremonies and being on Country
being able to maintain and strengthen your connections to language, family, community, Country, culture and spiritual practices and beliefs
having your cultural child rearing practices and structures understood, respected, maintained and strengthened, and to not be subjected to forced assimilation
having the right to have your child participate in cultural protocols, for example, Sorry Business, Coming of the Light, etc
having all decisions made about your family align with the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle.

Aboriginal and Torres Strait Islander Child Placement Principle

The Aboriginal and Torres Strait Islander Child Placement Principle recognises a child’s right to be connected to their family, community, culture and Country. It recognises your right to take part in decisions made about the care and safety of your child. The Principle:

ensures your family fully participates in decisions about your child’s care and protection
maintains your child’s connections to family, community, culture, and Country
prioritises placements that keep your child connected to their family and culture.

Prevention	Protecting children’s rights to grow up in family, community and culture by supporting families to care safely for their children.
Partnership	Ensuring the participation of community representatives in service design, delivery and individual case decisions
Placement	Placing children in out-of-home care in accordance with the established ATSICPP placement hierarchy: 1. With Aboriginal and Torres Strait Islander relatives or extended family members, or other relatives and family members. With Aboriginal and Torres Strait Islander members of the child’s community. With Aboriginal and Torres Strait Islander family-based carers. If the above preferred options are not available, as a last resort the child may be placed with a non-Indigenous carer or in a residential setting. 5. If the child is not placed according to the highest priority, the placement must be within close geographic proximity to the child’s family.
Participation	Ensuring the participation of children, parents and family members in decisions regarding the care and protection of their children.
Connection	Maintaining and supporting connections to family, community, culture and Country for children in out-of-home care.

For more information and support, visit Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP). QATSICPP represents community-controlled child protection organisations across Queensland and advocates for the rights, safety, and wellbeing of Aboriginal and Torres Strait Islander children, young people, and their families.

The paramount concern for child protection in Queensland is the safety, belonging, wellbeing and cultural needs of children and young people as per the Child Protection Act 1999.

The Department of Families, Seniors, Disability Services and Child Safety (Child Safety) is the lead agency for child protection in Queensland. The Child Protection Act 1999 gives Child Safety the mandate to protect children from significant harm or risk of significant harm and whose parents are unable and unwilling to protect them.

Child Safety is dedicated to protecting children and young people who have been harmed or are at risk of harm.

It is immaterial how harm to a child or young person is caused. A child is assessed to be in need of protection, if they have suffered significant harm, are suffering significant harm, or are at risk of suffering significant harm and do not have a parent able and willing to protect them from harm.

The role of Child Safety in protecting children and young people is to:
- assess concerns that allege a child or young person has been harmed or is at risk of significant harm
- offer families help and support, to decrease the likelihood of a child becoming a child in need of protection.
- provide ongoing services to children and young people who are experiencing or are at unacceptable risk of experiencing significant harm.
The causes of harm to children and young people are numerous. These can have a detrimental effect on a child or young person's physical or emotional health, their development and wellbeing.

When the child's parents are unable or unwilling to protect them, child protection intervention may be needed. Protecting children at risk of significant harm requires immediate and serious attention.

Effective protection of children relies on community members reporting their concerns. This needs to occur in a timely way to prevent concerns becoming more serious.

If you are concerned that a child has been harmed or is at risk of harm, please report the suspected child abuse.