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Regional Victoria

Ballarat baby’s death sparks calls for foster care overhaul

A Ballarat couple who spent months caring for an eight-month-old girl say they are heartbroken after being told the baby died just days after she was returned to her biological parents. The former foster carers say the case has left them with serious questions about how decisions are made to reunify children with birth families.

Victoria Police confirmed officers were called to a property in the Ballarat region following reports of the death of an infant. Police said the death is being investigated, with a report to be prepared for the coroner, as is standard practice whenever a child dies unexpectedly.

What we know so far #

VCN understands the baby girl had been in the care of the foster couple for an extended period before child protection authorities arranged for her to be returned to her biological parents. We have been told the return occurred in the days immediately before her death.

Victoria Police has not released detailed information about the circumstances surrounding the death, and no charges have been laid. It is understood the Department of Families, Fairness and Housing, which oversees child protection services in Victoria, is also reviewing the case internally, as occurs in matters involving a child known to the department.

Because this matter may ultimately involve proceedings under the Children, Youth and Families Act 2005 (Vic), VCN is not publishing identifying details of the child, the biological parents, or the specific location involved. The former foster carers have spoken publicly about their grief, but we are not naming them in this report in order to avoid any risk of indirectly identifying the child or family.

Foster carers call for system-wide change #

The former carers told VCN they believe the broader child protection and foster care system requires fundamental reform. They described the process of reunification — where a child in out-of-home care is returned to their biological family — as one that, in their view, does not always adequately weigh the risks involved.

It is important to note these are the personal views and experiences of the former carers, not findings established by any court, coroner or official inquiry. No findings have yet been made about whether any failures in process contributed to the child’s death, and any such findings would only come from a coronial investigation.

Under Victorian law, when a child in the care of a foster family is being considered for return to their biological parents, the decision is made by the Children’s Court or by the Secretary of the Department of Families, Fairness and Housing, guided by the “best interests” principle set out in the Children, Youth and Families Act. Reunification is generally the preferred outcome under the Act where it can be achieved safely, reflecting a broader policy position that children should, where possible, be raised within their birth families.

How child protection decisions are made in Victoria #

For readers unfamiliar with the system, Victoria’s child protection framework operates on a tiered model. When notifications are made about the safety of a child, the Department of Families, Fairness and Housing assesses risk and can seek protection orders through the Children’s Court. Orders can range from short-term supervision arrangements that keep a child at home, to interim accommodation orders that place a child with relatives, foster carers, or in residential care, through to longer-term custody or guardianship orders.

Reunification is generally attempted where the court and department assess that the safety concerns which led to the child’s removal have been sufficiently addressed. This can involve parents completing programs relating to family violence, drug and alcohol treatment, mental health support or parenting education. Foster carers, while central to a child’s day-to-day life, do not hold legal decision-making authority over reunification — that sits with the court and the department.

Advocacy groups, including the Foster Care Association of Victoria, have previously raised concerns about the level of consultation given to foster carers during reunification planning, and about resourcing pressures on caseworkers managing high volumes of complex matters. These are systemic issues that predate this case and are not specific findings related to it.

A coronial investigation will examine the circumstances #

Because the child was known to the child protection system, any coronial investigation into her death is likely to be more detailed than a standard inquiry. The Coroners Court of Victoria has, in past cases involving the death of a child previously in out-of-home care, examined not only the immediate circumstances of the death but also the case history, departmental decision-making, and whether risk assessments were adequate.

Coronial findings in Victoria are not made quickly. Complex investigations involving multiple agencies can take well over a year, and sometimes longer, before a coroner hands down findings and, where relevant, recommendations. VCN will continue to follow this matter and will report on any coronial findings once they are handed down.

It is not appropriate at this stage for VCN, or anyone outside the coronial process, to draw conclusions about what caused the child’s death or whether any individual or agency bears responsibility. Those are matters for the coroner to determine based on evidence, not for public speculation.

Broader context: pressure on Victoria’s child protection system #

This case emerges against a backdrop of ongoing public debate about the capacity of Victoria’s child protection system. Successive Victorian Auditor-General reports have flagged concerns about caseworker workloads, high staff turnover, and gaps in oversight of children on protection orders. The Commission for Children and Young People has also previously called for reforms following reviews into the deaths of children known to child protection services.

None of these broader systemic reports make specific findings about this case. They are cited here only to give readers context about the environment in which decisions like reunification are made, and why cases such as this one tend to reignite public debate about resourcing and oversight.

The former foster carers say they hope their experience prompts a genuine conversation about how the system supports both children and the carers who look after them. Whether that conversation leads to formal reform will likely depend, at least in part, on what the coronial investigation ultimately finds.

What happens next #

VCN understands the police investigation and departmental review are ongoing. No charges have been laid in relation to the child’s death, and it would be inappropriate to speculate further while those processes continue. Any coronial inquest, if one is held, would be conducted separately and independently of both Victoria Police and the department.

We will continue to report on this case as new information becomes publicly available through official channels, including Victoria Police, the Coroners Court of Victoria, and the Department of Families, Fairness and Housing.

Anyone with concerns about the welfare of a child in Victoria can contact the Child Protection Crisis Line on 13 12 78, available 24 hours a day. Support is also available for anyone affected by grief or distress related to this story. Lifeline can be reached on 13 11 14, and Beyond Blue on 1300 22 4636. Foster and kinship carers seeking support can contact the Foster Care Association of Victoria for guidance and peer support.

Tom Whitford

Tom Whitford is our regional and rural Victoria reporter. Based out of the Goulburn Valley, he covers everything from country road tolls to the policing challenges facing small towns and Aboriginal communities across the state. He is a third-generation farmer and a volunteer firefighter.

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