Use of environmental constraints for tamariki or rangatahi in staffed care arrangements

Who this guidance applies to

This guidance applies to tamariki or rangatahi with complex support needs in our care or custody living in out-of-home staffed care arrangements.

This guidance does not apply to tamariki or rangatahi with complex support needs who are placed in a residence (including remand homes).

Working with disabled tamariki and their whānau or family who may need specialised out-of-home care

Policy: Working with disabled tamariki who require a specialised out-of-home placement

Care of tamariki and rangatahi with complex support needs

We work to provide tamariki and rangatahi in our care or custody with a safe care arrangement that responds to their needs and nurtures and advances their oranga.

Some tamariki and rangatahi in our care or custody will have complex support needs that may include consideration of environmental constraints to keep them safe. Any use of environmental constraints includes an element of detention. Therefore, it is important that any use of environmental constraints is appropriate to our understanding of need and responds to the identified complex support needs.

Appropriate levels of detention or restraint are determined by:

• the age of te tamaiti or rangatahi and/or
• their specific oranga and health needs.

Sometimes the complex support needs of tamariki and rangatahi include considerations around the use of environmental constraints (such as the locking of front doors or gates) and higher levels of supervision to keep them safe.

Policy: Care arrangements

Engaging with te tamaiti or rangatahi, their whānau or family and key adults

When we are considering the use of environmental constraints and the level of supervision, we seek the views of whānau or family and any identified key adults in the lives of te tamaiti or rangatahi.

A child/young person and family consult, hui ā-whānau or family meeting could be used to identify any safety concerns or risks and talk through aspects of supervision, detention and parental control that would be appropriate in the caregiver’s home.

Hui ā-whānau

Child/young person and family consult

If environmental constraints are being considered or to be used, we discuss with te tamaiti or rangatahi why they are to be used, and explain any home rules. This includes when and how environmental constraints are to be used and how te tamaiti or rangatahi will be supported to leave the home with appropriate levels of supervision.

Supporting the participation of tamariki and rangatahi

Explaining rights and entitlements to tamariki and rangatahi

Engaging with legal representatives or advocates

The use of environmental constraints in a home where tamariki or rangatahi are placed must be considered on a case-by-case basis. We must discuss with Legal Services if it is appropriate for te tamaiti or rangatahi to remain in our care or custody under the Oranga Tamariki Act 1989 or to seek an application to place te tamaiti or rangatahi under the guardianship of the Family Court (wardship) under the Care of Children Act 2004 (CoCA).

Any time the use of environmental constraints is proposed to be used or if wardship is being considered, we must also discuss this proposal with:

• the lawyer for child (if appointed)
• advocates (if known).

Use of the Oranga Tamariki Act

The Oranga Tamariki Act can be used as the legal grounds for care and custody in most cases if we consider that the level of environmental detention or restraint reflects an appropriate level of parental control or authority to protect the oranga (including safety) of tamariki or rangatahi. (Appropriate levels of environmental detention or restraint are determined by the age of te tamaiti or rangatahi, their level of maturity, disability including capacity to consent, and specific oranga and health needs. The general rule is the older te tamaiti or rangatahi, the less likely that higher levels of control and supervision as a form of detention will be needed.)

The use of supervision, some environmental constraints and aspects of detention in our homes would generally be consistent with providing a normal level of parental control or authority. However, the level of parental control must reflect the assessed needs of te tamaiti or rangatahi, including any identified disability and oranga needs to keep them safe.

Practice when working with disabled people

Use of the Care of Children Act (CoCA) – wardship orders

A wardship order might be required if we do not believe that the assessed level of environmental constraint needed can be managed by an appropriate level of parental control or authority (for example, locking the front door of a home 24/7 for a 16-year-old in our care or custody).
 
Types of court orders – wardship
 
Wardship should only be used in exceptional circumstances where we are proposing to use environmental constraints to keep tamariki or rangatahi in our care or custody safe if a tamaiti or rangatahi:

• cannot freely leave their place or residence without supervision and
• is subject to constant control and supervision that goes beyond normal parental control.

A wardship order under the Care of Children Act 2004 will need to outline any environmental restraints on medical or health grounds that can be used in an out-of-home staffed care arrangement to keep te tamaiti or rangatahi safe.

Checklist: Environmental constraints considerations

Before considering the use of environmental constraints, there are factors we need to understand and document, including but not limited to:

• age of te tamaiti or rangatahi
• complex support needs (for example, developmental, physical, disability-related) and relevant diagnoses
• level of risk faced by te tamaiti or rangatahi
• specific risks the environmental restraints aim to mitigate
• alternative options or supports that were considered and reasons they were not suitable (for example, history of running away or harmful behaviour)
• consultation with relevant parties:
  • medical professionals
  • lawyer for the child
  • caregivers
  • whānau
• documentation of all the above considerations to show the:
  • thought process regarding parental authority
  • decision-making rationale for using environmental restraint.