Unmuzzled: The Urgent Need for a NSW Legislative Council Inquiry into Women with Disabilities and Child Protection
I was alerted this week to two more cases in NSW where an undiagnosed Autistic mother has had children removed from her care unjustly, and based on misperceptions by DCJ of her parenting due to behaviour and communication differences.
Enough is enough.
We can have no more of this: of Autistic mothers being labelled as perpetrators because they struggle with eye contact, are long winded when speaking or writing, or use technical language.
No more of mothers with intellectual Disabilities having babies taken at birth; without DCJ taking responsibility for providing support, which is their obligation under Article 23 of the UNCRPD.
It is past time that disabled parents in NSW have access to justice, and have their voices heard. The muzzle has to come off.
The imperative for a NSW legislative council committee on Women with Disabilities to be established, along with an inquiry into the intersection of women with disabilities and child protection services in New South Wales, has never been more pressing.
This burning need arises from systemic opacity and procedural intricacies within the existing framework that are hidden from the view of media and the public.
Central to the issue is the covert nature of child protection processes, where mothers, particularly those with disabilities, encounter barriers that impede their ability to navigate the system effectively.
Removals often occur on Friday evenings, minimizing opportunities for parental legal representation over the weekend, resulting in expedited emergency care orders by the following Monday. Communication with workers is fraught by a lack of training and accessibility; snap judgements and ignorance.
In the case of false allegations of Fabricated and Induced Illness Abuse against Autistic mothers, they are erroneously perceived as deceptive and belligerent, demanding and obsessive - ironically, by obsessive detectives and paediatric specialists in child protection units, in need of vicarious trauma support and regular rotation out of the unit. There is a distinct problem of entrenched echo chambers in CPUs, tautological frameworks that view everything the accused mother does as evidence of an offence, and no independent oversight or accountability in the matters they handle.
Subsequent to removal, all proceedings are sealed under the Privacy Act until the child reaches legal adulthood, rendering mothers incapable of publicly discussing their cases without risking legal repercussions. This deepens the injustice. Mothers have no way to wave before drowning.
This lack of transparency extends to avenues for recourse, such as appeals to the ombudsman or ministers, which are often perceived as inaccessible due to fear of reprisal.
Consequently, women with disabilities find themselves marginalized and disenfranchised within the child protection system, unable to advocate for themselves effectively.
The proposed legislative council inquiry offers a potential avenue for reform by providing a platform for marginalized voices to be heard.
Through parliamentary privilege, participants would be shielded from legal repercussions, fostering an environment conducive to candid disclosure.
By establishing a dedicated committee and initiating an inquiry into the interaction between child protection services and women with disabilities, New South Wales has the opportunity to address systemic deficiencies and promote accountability within the system.
The call for the establishment of a legislative council committee on Women with Disabilities and an inquiry into their experiences of child protection in New South Wales is rooted in the need for transparency, accountability, and equity within the existing framework.
Such an inquiry represents a step towards systemic reform and the realization of fundamental principles of justice and fairness.
These women need the protection of Parliament. They need it now.
Decades of silence must be broken.
