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       Homeless teenage girl avoids penalty for stealing water as Kimberley
       court spotlights WA child protection failures
        
 (HTM) Source
        
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         * **In short:** A homeless 15-year-old girl in Broome has avoided pe
         * The court heard child protection officials had failed to provide h
         *  **What's next?** The 15-year-old faces no further charges and wil
        
       A homeless teenager has avoided any penalty for stealing a bottle of
       water in Western Australia's far north, with the girl's lawyer
       slamming child protection authorities for failing to provide her with
       meaningful support.
        
       The child, 15, faced the Broome Magistrates Court last week on 16
       charges, primarily related to stealing and burglary — one involving
       the theft of a water bottle.
        
       Representing the teenage girl, Aboriginal Legal Service lawyer Kalvin
       Rajmano said his client was living with a disability, was a victim of
       emotional and physical abuse, was neglected by family, and was
       currently homeless.
        
       Mr Rajmano told the court that despite his client being known to the
       Department of Communities' (DoC) child protection division (DCP) even
       as a baby, the department had failed to help in "any sustainable way".
        
       "[My client] has been fundamentally let down by services," he said.
        
       Mr Rajmano said his client was still extremely vulnerable, stating the
       DCP had "completely failed" his client.
        
       This teenager "didn't choose to be homeless", he said.
        
       Mr Rajmano said most of the charges the girl faced related to the
       child attempting to access food or water.
        
       The court heard the child had been "systematically failed" by child
       protection services.(ABC News: Andrew Seabourne)
        
       Kimberley Magistrate Deen Potter said her case was reflective of many
       children in the region who appeared before the courts.
        
       "It's not the children who are the problem," he said.
        
       "Most children don't want to be involved in offending behaviour …
       circumstances lead them to be.
        
       "These children are just responding to their environment."
        
       ## Service 'not geared' to deal with trauma
        
       Mr Rajmano said it was not DCP staff who were failing the child, but
       instead the blanket "policy framework", designed in Perth, which was
       ill-equipped to support Kimberley families.
        
       Magistrate Potter agreed.
        
       "Child protection services are not geared up for the trauma these
       young people are facing … and their complex needs," he said.
        
       "[Then, the children] don't trust adults, one can understand why.
       They've been taken advantage of by adults."
        
       Magistrate Potter handed down no penalty or punishment, stating that
       the child was a "victim of crime" themselves.
        
       Magistrate Potter handed down no further punishment for the child.(ABC
       News: Andrew Seabourne)
        
       He described calls to "simply lock up children" as an "uninformed
       dialogue or discussion".
        
       The court heard that with Mr Rajmano's recent assistance the girl had
       enthusiastically begun engaging with education and attending
       counselling.
        
       Magistrate Potter said he hoped ongoing engagement would set her on
       the right path.
        
       "There's no easy answer," he said.
        
       "If [the child] can realise what potential [they have, they] could
       become a productive part of the community."
        
       ## Department defends efforts
        
       Western Australia's child protection system is under significant
       scrutiny following the suicide of a 10-year-old boy in state care.
        
       Official figures show 387 children and young people were in the care
       of the department across the Kimberley over the last financial year.
        
       A Department of Communities spokesperson declined to comment on the
       criticisms, or the 15-year-old's case, citing privacy reasons.
        
       They said the safety and wellbeing of children remained the DoC's
       highest priority.
        
       A DoC spokesperson said it "recognises the best long-term strategy to
       keep children and young people safe".(ABC Kimberley: Rosanne Maloney)
        
       The spokesperson said homelessness and disability were not considered
       direct forms of abuse or neglect, but they could be risk factors in
       child protection cases.
        
       "Communities recognises the best long-term strategy to keep children
       and young people safe is to invest in initiatives that support
       children to remain safely at home," the spokesperson said.
        
       The spokesperson highlighted the department's focus on Early
       Intervention and Family Support Services and Target 120 which it said
       "supports young people at risk of offending".
        
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