Lawsuit: Australia Child Safety Department

“A Queensland mother is suing the Child Safety Department for failing to reveal the sexual history of a foster child, 15, who allegedly raped her eight-year-old son.

But in a move that could leave the family financially ruined, the State Government is taking action against the mother, alleging she is partly responsible for the alleged rape because she should have been supervising the children and protecting her son.

And all this while the State Government conducts an inquiry into child protection that is aimed at improving the lives of vulnerable children – but which cannot look at this case because it is outside its terms of reference.

Child Safety Minister Tracy Davis failed to answer a series of questions about the tactics being used by Crown Law.

“As the matter is before the courts, we can’t comment on any aspect of the case,” she said.

The Courier-Mail can today publish a special investigation into the plight of a southeast Queensland family torn apart by its decision to take in a teenager who had been abandoned by his family and placed in state care.

The foster mother, who cannot be identified, had been looking for the teenager for about eight years because she knew of his plight.

She found him after contacting Child Safety, which then asked if she would become his foster mother.

An internal Child Safety review into the incident and a transcript of a meeting with Child Safety officers reveals the parents asked twice if the foster child had any history of sexualised behaviour. The mother told The Courier-Mail she asked the department because there had been rumours that the boy had been molested.

The review said a Child Safety officer told the parents, “it was not believed (the boy) had any current sexualised behaviour” and failed to tell them of reports of past sexual incidents.

The review found the parents were not given the full and frank information they were supposed to receive under the Child Protection Act and ordered staff undergo more training.

But Child Safety officers in southeast Queensland told the parents that their office could not be held accountable for a regional office failing to reveal the boy’s history. The office put the onus on the parents by saying it was up to the family to write letters to the other office seeking answers.

The mother has told of her anger, embarrassment and sadness for her traumatised eight-year-old son. The mother said an older son had turned to drugs after believing he failed his younger brother. The mother is now unable to work and is receiving counselling.

She said Child Safety, which was spending taxpayer money pursuing her with lawyers, should be held responsible.

“I asked them (about his history) and I was lied to twice,” she said. “I feel like an idiot for letting him into my house.”

The Government informed the family it disputed claims that the department was negligent, and it would seek a contribution claim against the family.

“Should the State of Queensland be found liable to the claimant (the young boy) it seeks a contribution/indemnity from (the mother),” Crown Law wrote to the mother.

Crown Law claims the mother was aware of the foster child’s sexualised behaviours and that she notified the department of concerns years before taking the teenager. The mother denies the claims.

Crown Law also states: “(The mother) failed to properly supervise (the foster child) by failing to establish and maintain a safe environment and appropriate supervision conditions for (her son) while she was the approved carer of (the boy).

The mother’s lawyer said the Government was acting like a bully.

“In our view the state’s claim against the parents is frivolous and vexatious and amounts to an abuse of process,” the lawyer said.

“Given the extreme psychological trauma this family have already been put through because of the conduct of the state, it seems to us to be most abhorrent to aggravate that further by bringing claims without any real merit against the parents.

“This will require them to seek further legal representation, incur further legal costs and be unreasonably called upon to defend their actions as parents.

“We urged the state in the strongest possible terms to withdraw the contribution notices.”

The Courier-Mail sought comment from the Justice Department but was referred to Child Safety.

A Child Safety spokeswoman said: “(We are) unable to comment. The Child Protection Act also prevents the department from commenting on matters involving a child in care.”

This morning, it emerged that the case cannot be referred to an inquiry into the child protection system because it is outside its terms of reference.

A spokeswoman for Attorney-General Jarrod Bleijie said any case before the court cannot be referred to the inquiry, headed by Tim Carmody.

It appears Child Safety asked Crown Law to pursue a contribution claim against the mother of the alleged victim.

The Courier-Mail is waiting for comment from Child Safety Minister Tracy Davis, Mr Carmody and Children and Young People and Child Guardian Commissioner Elizabeth Fraser.”

Family failed by a flawed system, but department blames mum for son’s rape trauma

[The Courier-Mail 11/23/12 by Renee Viellaris]

REFORM Puzzle Pieces

 More lies by state care workers, more victims…