The 16-year-old, the sex abuse allegation and the $3k-a-day accommodation

On Kate’s 16th birthday, she ran away from the stark, clinical $3000-a-day NSW government accommodation she had been locked inside for days at a time to go to the home she had lived in for seven years with her foster parents.

Her foster parents, Molly and Michael, were forced to call the police when she got there.

A 16-year-old girl alleges her residential care unit is like “jail” after being removed from her foster parents over an allegation she says is untrue.Credit: Edwina Pickles

They’re subject to an AVO barring them from contacting Kate or her brother Kieran following an unsubstantiated allegation of abuse that Kate said she felt pressured by police into making and has tried to retract numerous times.

Kate calls her current placement “jail”. She has lost 13 kilograms, causing dizziness and fainting, and is repeatedly attempting to self-harm on painkillers, while Kieran, who has autism, is having regular meltdowns.

The family want to be reunited, while Molly and Michael want immediate action to vary the no-contact rule, and the children cared for by disability-trained carers. The family cannot be identified for legal reasons.

The Herald is publishing this piece to highlight the experience of the 15,000 children and young people in the child protection system, which the overseeing minister has labelled as “broken” and over which she has “limited visibility”.

The system is struggling with a shortage of caseworkers who are unable to investigate tens of thousands of concerning reports about children in state care (particularly those in homes for groups, such as Kate); insufficient placement options for children with complex needs; and foster carers quitting in record numbers as they beg for more state support to care for traumatised children.

‘They refused to let me leave until I gave them something’

The children were removed from Molly and Michael’s care following an external report that Kate was being sexually abused, stemming from messages with friends where Kate alleged she was “hiding” from her father.

Kate was interviewed by a police officer from the child abuse squad and denied the sexual abuse. She said she was interviewed alone, without a support person, and the officer said the interview meant she was missing out on time with her own children.

“I kept on telling them my parents hadn’t done anything wrong … They refused to let me leave until I said something,” Kate said.

Kate then disclosed specific allegations of physical abuse. An investigation into alleged offences of assault occasioning actual bodily harm is ongoing. There is no investigation into sexual abuse.

Before being removed from her foster placement, Kate used to sleep in her bed with her dog, Teddy.Credit: Edwina Pickles

Molly and Michael deny the allegations and have offered to provide evidence disputing the claims. They say Kate’s mental health diagnoses mean she can be easily led, highlighting the need for an independent support person.

Kate’s message to police begging to be returned to her foster carers.Credit:

Kate has repeatedly tried to retract her statement and said police refused her a formal reinterview.

“When I got someone stressing me out, especially a cop and yelling at me asking the same questions repetitively … of course I was going to say random bullshit that isn’t even true,” she texted the interviewing officer.

“You have literally destroyed everything that I had and destroyed me as a human being.”

A spokesperson for NSW Police said retractions were dealt with on a case-by-case basis. “Detectives must scrutinise the possibility a child was influenced to retract a statement,” the spokesperson said. “The rights and wellbeing of a victim are always a number one priority for NSW Police, and detectives follow strict guidelines when conducting interviews with vulnerable persons and children.”

$1 million home and a rotating roster of staff

Kate and Kieran have been living in an Intensive Therapeutic Care home in government care since July.

Kate and Kieran’s government care home is stark and clinical compared with their foster home.Credit:

They’re supervised by 15 staff working on shifts who Kate said don’t have adequate disability training to work with Kieran.

Two-bed intensive therapeutic care homes receive $1 million a year in baseline funding and are designed to help high-needs children transition into other forms of care. But Kate says she doesn’t receive any therapies and there’s no talk of transition. Aside from her twice-weekly outings provided by carers separate from the home and the occasional trip to the store, Kate says she is stuck inside. She can ask to leave but must be supervised, and said there are no activities for her mental health.

She doesn’t attend school, hasn’t seen her friends in months except for when she runs away, and her parents cannot reply to her text messages due to the AVO.

Once, when Kate texted Molly threatening self-harm, Molly had to inform police she had breached the AVO to help Kate.

She said staff have complained about the lack and quality of food, and school teachers complained about Kieran’s broken shoes and his use of a tablet not fully compatible with his communication software.

Six months and no outcome

No charges have been brought against Molly or Michael in the six months since police began investigating Kate’s complaints.

Reports have been made about Kate’s self-harming behaviours, and the parents have been investigated previously for bruises on Kate’s arm. One report was substantiated, although the children remained in their care.

Her parents have submitted a complaint about the officer to the Law Enforcement Conduct Commission.

They said they’ve spent more than $30,000 on legal fees defending the AVOs and are selling their Sydney home to fund the legal fight.

“I don’t understand how the placement they’re in now is acceptable to anybody,” Molly said.

In September, Kate wrote to the office of the Minister of Communities and Justice Kate Washington.

“My anxiety and depression have worsened and spiralled out of control, and I desperately need my family and my old life back ... my current placement [is] jail,” she wrote.

She didn’t receive a written response from the office, but caseworkers visited the home to discuss her concerns.

A Department of Communities and Justice spokesperson said they couldn’t comment “out of respect for [those] involved and their wellbeing” and in line with privacy laws.

Kate said she was speaking publicly because she feels children in care don’t have a voice.

“It’s not just about me, this is about the whole system,” she said.

* Names have been changed to protect the identity of the family.

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