Minister steps in to get guardianship 'back on track' after four years

The family says that since taking in the two-year-old, who has since turned six, their case was handed over from the Department of Communities and Justice (DCJ) to an organisation named Wandiyali.

After being told they would likely have full guardianship of the child within 12 months, they have discovered the process has not yet begun.

The little boy was removed from the care of his parents and his uncle stepped in to ensure he remained with family and maintained cultural connections as well as his relationships with siblings.

As temporary carers, they have been subject to monthly home visits by up to 10 different people, involving five or more caseworkers, none of whom have progressed their case.

In the meantime, the family needs permission to leave the state, or seek medical attention for the boy, along with other restrictions.

"They've done all the assessments, interviewed our older children, got medical clearances, then they lose the paperwork," the man, who cannot be named to protect the identify of the child, told the Newcastle Herald.

"We called DCJ to complain, and they said there's not much we can do, just make a complaint through Wandiyali.

"We did that in May last year and had a complaint meeting and they were very apologetic saying we know we have failed you guys, and assure you that the process is now sorted and gave us a sort of a time frame.

"We expected that to be finished in 12 months, but we are basically back at that meeting, they have done a 360."

The only other option was to hire a solicitor which could cost between $5000 and $10,000 which "we shouldn't have to do", he said.

"We don't need them (Wandiyali) for anything, we already facilitate his connection with his siblings ... they could be using their resources elsewhere," he said.

Ms Washington said it was very concerning to hear about the significant delays in the matter.

"Carers who want to take on guardianship responsibility for children and young people should be encouraged and supported, but unfortunately, it would appear that hasn't happened in this case," Ms Washington said.

"I have arranged a meeting between the carers, the provider, and the department to get this matter back on track."

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The chief executive officer of Wandiyali, Jai Kilroy, said his organisation was required to protect children and young people's right to privacy and confidentiality, so was unable to provide comment on specific matters.

"Wandiyali's practice is to work closely with children and young people, families and carers to advocate that the best interests of children and young people are always at the forefront of the decision making process," he said.

"For Wandiyali, it is paramount that a child or young person's connections to Culture are nurtured, maintained and supported at all times."

The boy's uncle said he was heartened by Ms Washington's interest, and was cautiously optimistic there could now be a timely resolution.