Mackay magistrate exposes safety gaps at state residential care homes

A Mackay magistrate has detailed safety gaps at state care homes where there is no direct supervision of children for eight hours a day. His comments, on another case, follow the death of a 13-year-old boy who had been in care.

A magistrate has exposed significant safety gaps at state care facilities where there is no direct supervision of children for eight hours a day.

The information came to light when Magistrate Damien Dwyer allowed this publication briefly into Mackay Childrens Court as he questioned a Youth Justice representative how a 16 year old had been “allowed to roam the streets at 11pm”.

The teenager had been staying at a residential care home at the time – these facilities house some of the state’s most vulnerable and traumatised children.

The Youth Justice representative told the court she had been informed by Child Safety the residential workers at these homes had a 16-hour awake shift and an eight-hour asleep shift.

“So between the hours of 10pm and 6am the residential worker is asleep and there is no direct supervision of the young people,” she said.

“So for eight hours a day there is no supervision of these children, they (the workers) just go there and go to sleep?” Mr Dwyer asked.

“Yes, at these residentials, yes your honour,” the Youth Justice representative told the court.

On June 9, 2021, 13-year-old Bailey Pini had been in residential care at Sarina when he and another boy stole their carer’s car and drove it north to Bowen – his home town – where the vehicle crashed and burst into flames about 6.45am.

Bailey died and the other boy was hospitalised.

Child Safety said there were 17 residential care homes across Mackay, but sidestepped direct questions about supervisory gaps and how Bailey Pini and the other teen had access to the car keys.

A Department of Children, Youth Justice and Multicultural Affairs spokeswoman said residential care was an option for children unable to live with their immediate family or kin and no suitable foster carer was available.

“These children are some of the state’s most vulnerable and traumatised children, and residential care provides a safe and supportive place where their specialised care needs can be met,” the spokeswoman said.

“If deemed appropriate, some placements include a sleep shift where a youth worker can sleep during hours agreed between the Child Safety Service Centre and the residential care provider.”

The spokeswoman said all staff in residential care needed to hold or be working towards a recognised relevant qualification.

“Where a child who is known to child protection dies or suffers a serious injury, a rigorous two-tier review process takes place to make sure their death or serious injuries is thoroughly investigated,” she said.

This included a confidential departmental internal review within six months and an external review by Queensland Family and Child Commission’s Child Death Review Board.

“The privacy provisions of the Child Protection Act 1999 prevent us from discussing individual cases,” the spokeswoman said.