Foster Care Charter of Rights SA

Most foster carers in South Australia know that the children in their care have rights. What fewer carers know is exactly what those rights are, where they're codified, and — critically — what they can do when those rights aren't being upheld.

This matters because you are, in practice, one of the few people in a position to notice when a child's rights are being overlooked. The DCP caseworker may see the child periodically. You see them daily. Understanding the Charter of Rights and the Standards of Alternative Care isn't just policy knowledge — it's a practical tool for advocating for the child placed with you.

The Charter of Rights for Children in Care

South Australia's Charter of Rights for Children and Young People in Care is a formal statement of the entitlements that children in out-of-home care hold by virtue of being in the state's guardianship. It sits within the policy framework established under the Children and Young People (Safety) Act 2017 (SA) and the Children and Young People (Oversight and Advocacy Bodies) Act 2016.

The Charter establishes that children in care have the right to:

Safety and protection: Children in care have the right to be safe and protected from harm. This sounds obvious, but it has a specific implication for foster carers: the home environment you provide must actively support this right, not merely avoid causing harm.

Stability and continuity: Children are entitled to a stable placement wherever possible, with minimal unnecessary disruptions to their schooling, friendships, and community connections. When a placement change is being considered, the child's right to stability is a factor the DCP is required to weigh.

Participation in decisions: Children have the right to have their views considered in decisions that affect them. This applies to case planning, placement decisions, and care arrangements. For younger children, carers often serve as the conduit for this voice — advocating for what the child has communicated, even if they can't communicate it directly in a formal meeting.

Cultural identity: Children have the right to maintain connection to their culture, language, family, and community. For Aboriginal and Torres Strait Islander children, this right is reinforced by the Aboriginal and Torres Strait Islander Child Placement Principle, which requires the DCP to prioritise placement with family, then extended community, before considering non-Indigenous carers.

Privacy and dignity: Children in care have the right to privacy. In practice, this includes restrictions on what carers can share about the child on social media — under South Australian legislation, posting identifying information (including photos) about a foster child is prohibited and constitutes a breach of the Carer Agreement.

Access to services: Children have the right to access health, education, and therapeutic services appropriate to their needs. This is particularly relevant for carers supporting children with complex needs or trauma histories, where the gap between entitlement and access can be significant.

Advocacy: Children have the right to have an advocate. The Child and Young Person's Visitor, established under the Oversight Act, is one mechanism for this — an independent visitor who can speak with children in care and raise concerns with the DCP or the Guardian for Children and Young People.

The Standards of Alternative Care

The Standards of Alternative Care SA is the policy document that translates the Charter's principles into operational requirements for carers and the DCP. It sets out the minimum standards for the care environment, the quality of relationships, and the processes that must be followed when decisions are made about children.

Where the Charter tells you what children are entitled to, the Standards tell you how those entitlements should be delivered. Together, they create an accountability framework — both for the DCP as a statutory body and for carers as authorised individuals.

Key areas covered by the Standards include:

Daily care: Standards for accommodation, nutrition, clothing, education support, and health care. These are the baseline expectations for any authorised carer in South Australia.

Relationships and connection: Standards requiring carers to actively support the child's relationships with birth family (where safe to do so), peers, and community. This is not a passive requirement — it means facilitating contact, not just allowing it.

Case planning: Standards governing how Case Plans are developed, reviewed, and implemented. These include requirements for carer involvement in the planning process and timelines for review.

Transition and placement changes: Standards requiring that any change of placement be managed carefully, with attention to the child's right to stability and the provision of appropriate transition support.

Complaints and feedback: Standards requiring that children in care are informed of their right to complain and are given accessible means to do so.

How to Use These Frameworks as a Carer

Understanding the Charter and the Standards changes how you approach your role. You move from reactive — responding to what the system asks of you — to proactive, using the framework to advocate for the child.

In care team meetings: If you have a concern about a child's access to services — for instance, a referral to a psychologist that has been delayed for months — the Standards provide a basis for raising it formally. Rather than expressing a general worry, you can note that the child's right to appropriate therapeutic services, and the Standards requirement for timely access, aren't being met.

When a placement change is proposed: If the DCP proposes moving a child without, in your view, adequate consideration of the impact on their stability and connections, the Charter's rights framework and the Standards' transition requirements give you a legitimate basis to request a formal review of the decision.

When the child discloses a concern: The Charter establishes the child's right to participate in decisions affecting them and to access advocacy. If a child in your care expresses concerns about their situation, you have both a practical responsibility and a formal framework supporting you in raising those concerns.

When cultural connections aren't being maintained: For Aboriginal and Torres Strait Islander children particularly, if you're not receiving adequate support or guidance on how to support the child's cultural connections, the Charter's cultural identity provisions are a direct basis for requesting that support from the DCP and your agency.

Independent Oversight: The Guardian and the Visitor

South Australia has two independent oversight roles specifically for children in care:

The Guardian for Children and Young People: An independent statutory officer who monitors and advocates for the rights and interests of children in care. The Guardian can review complaints, investigate systemic issues, and report directly to the South Australian Parliament. If you have a serious concern about how the DCP is managing a child's case and internal channels haven't resolved it, the Guardian's office is an appropriate escalation point.

The Child and Young Person's Visitor: An independent role focused on visiting children in residential care and reporting on their wellbeing. If a child in your care wants an independent voice in the system, the Visitor is one avenue.

These bodies exist because the South Australian legislature recognised that the DCP cannot be the only check on the DCP. As a carer, knowing these oversight mechanisms exist — and being willing to use them when necessary — is part of taking the Charter's provisions seriously.

Navigating the rights framework in South Australia is easier when you understand the full system — who makes decisions, what they're obligated to do, and where you can go when something isn't right. The South Australia Foster Care Guide covers the Charter, the Standards, and the oversight bodies in practical detail, alongside the assessment process, the care team model, and everything else you need to enter the system as a prepared carer.

Rights as a Practical Tool, Not Just a Principle

The Charter of Rights and the Standards of Alternative Care are not aspirational documents. They create real obligations — on the DCP, on NGOs, and on you as a carer. Understanding them doesn't make you an adversarial participant in the system. It makes you an informed one.

Children in care are, by definition, in a position of vulnerability. They can't always advocate for themselves. When you understand what they're entitled to and what the system is obligated to provide, you become a far more effective advocate — which is, ultimately, central to what fostering in South Australia asks of you.

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