Mother mourns son's 'preventable' death, alleges harm in state care

A grieving mother whose son's premature death has made international headlines says she wants the public to know he was "a beautiful boy" who had been through "hell" in state care.

Privacy laws prevent this masthead from identifying the Indigenous mother or her 15-year-old son, who has been in out-of-home care since he was three.

The woman said it was around this time they had last taken a picture together.

"He was the most beautiful, loving, outgoing boy," she said. " He was my world ... he was my best friend."

She said her son enjoyed playing for a local rugby union team and was preparing to start a career in construction with a white card when "tragedy" took his life.

On Wednesday, April 17, the boy was taken to hospital where he succumbed to grievous injuries after being found close to a "catastrophic" crash near Parliament House.

When she saw him in hospital last week, the woman said she wanted to tuck him into the bed and "kiss [her son] goodnight" after not seeing him for months.

"I know that sounds weird ... I know he'd passed away," she said clinging to a Chicago Bulls doona she had put over his body.

In a press conference, ACT Policing said the boy was on bail at the time of his death.

The Canberra Times understands police are investigating the Capital Hill crash, including if the young victim was a passenger or driver, if other people and cars were involved, and whether a stolen car fire reported the same morning was related to the crash.

"The circumstances leading up to the collision that occurred on Adelaide Avenue on 17 April (2024) are being investigated and so we are unable to provide additional comment at this time," a spokesperson said.

"Anyone with any information that can assist police is urged to contact Crime Stoppers on 1800 333 000 or via www.crimestoppers.com.au. Information can be provided anonymously."

The mother has alleged her son was missing from state-sponsored residential care days before his death.

She accused the facility, run by MacKillop family services, of failing to notify her of his absence.

"If I was informed about him missing three days prior ... I would have found him," she said. "It takes a phone call from me to find my son and [MacKillop] know this."

The mother said she strongly believed his death could have been "prevented".

Aboriginal and Torres Strait Islander Children and Young People Commissioner for the ACT Vanessa Turnbull-Roberts was contacted for her views in the case of the 15-year-old boy. However, responses were not available at the time of publication.

The mother alleged harm to her son's physical and mental health saying: "He went through hell in care."

"There was a lot of things that happened in care ... it was unsafe," she said.

She claimed the child protection system frequently moved her son in and out of state care facilities and into kinship care with other family members.

The mother, who is struggling to raise money for her son's funeral, also said his belongings were missing from state care and she was only given a pair of shoes that did not match her son's size.

She further alleged other family members were contacted with the news of his death before she was.

She told this masthead her son was taken by child protective services as a toddler because of violence in the home and a substance use problem she had at the time.

"My son is gone. What are they gonna do about it? I gotta do something so nobody else loses their baby," the boy's mother said.

MacKillop, the service named in the mother's allegations, was contacted for comment.

A spokesperson responded stating the service could not answer questions specifically about the 15-year-old as they could not lawfully confirm that he was in their care.

The MacKillop spokesperson was able to comment on terms of general practice which required them to inform legal guardians, of children and young people in care, of the latter's whereabouts.

"If the parent/s are not the legal guardians, it is our practice to tell family members as well, where possible and where it is safe to do so," a statement said.

"Our procedure is to contact police and child protection when a child is missing. Police do not generally consider a young person missing if we are in regular contact with them."

MacKillop's statement on general practice also said they take accusations of harm and the process following such allegations "seriously".

This masthead questioned the overall legal requirements of Child Protective Services since they could not lawfully comment on the specific circumstances of the 15-year-old boy.

An ACT government spokesperson said, generally, any updates on locations and wellbeing of a child or young person in state care did not need to be shared with their birth parents.

"Each circumstance is considered on its own merits," the spokesperson said.

In a 2023 charter of rights for parents and families involved with ACT child protection service, the Territory said: "We know families have significantly less power than workers in these interactions."

Change is taking longer than expected

The ACT Minister for Children, Rachel Stephen-Smith, admitted the number of Aboriginal and Torres Strait Islander children and young people in out-of-home care continued to be unacceptably high across the country.

"This is a tragic situation. My thoughts are with the [child's] family and friends at this very difficult time," Ms Stephen-Smith said.

"I understand that all road deaths are referred to the Coroner and the ACT government will engage constructively with the coronial process as necessary."

"The child protection system is complex and there is no doubt change is taking longer than any of us would have hoped," she added.

The Minister said an Indigenous implementation oversight committee, Our Booris Our Way, held the government to account in carrying out recommendations made in its 2019 report into the causes of overrepresentation and experiences of the Aboriginal and Torres Strait Islander children in the system.

Ms Stephen-Smith said the next update on the status of these recommendations being implemented in the state care system will be tabled by the government and implementation oversight committee next month.