Guidance
Allegations of harm to tamariki and rangatahi by caregivers
The oranga and safety of te tamaiti or rangatahi is our first concern when an allegation of harm is made against a caregiver. We are respectful, fair, transparent and sensitive to caregivers’ needs during the child and family assessment or investigation.Updates made to this guidance
Changes have been made to a number of pages on the Practice Centre to align with the practice approach. Specific changes include:
- Tiaki Oranga replaces the safety and risk screen, and is now being used throughout the life of a case, across service lines whenever we need to understand current safety.
- All references to the Tuituia domains and subdomains have been removed and we now promote the use of Te Puna Oranga and our models, tools and resources to build and deepen our understanding.
- The Tuituia report has been replaced with the assessment report.
National Care Standards
The National Care Standards regulation 69 sets our obligations when responding to allegations of harm, or likely harm, made about tamariki or rangatahi in care or custody:
- We respond promptly.
- We record information.
- Tamariki and rangatahi are informed of the outcome, as appropriate.
- We take the required steps with the parties to the allegation, including reviewing the caregiver’s plan.
Staff resource: National Care Standards and Related Matters Regulations 2018 (PDF 11 MB)
When to use this guidance
This process is for allegations of harm (ill treatment, abuse, neglect or deprivation) about tamariki and rangatahi by a caregiver whether or not te tamaiti or rangatahi is in their care.
The process is different for complaints, or allegations of crimes other than harm.
Dealing with complaints about caregivers
Allegations of criminal behaviour by caregivers other than abuse, neglect or harm of tamariki
How we respond to allegations
1 Consider the information received
Use the intake decision response tool (DRT) to assess the information or concerns received for te tamaiti or rangatahi to determine the appropriate pathway and response time.
For all allegations of harm of tamariki and rangatahi in care, we complete a child and family assessment or an investigation.
Practice tool: Considerations when responding to information received
Practice tool: Considerations when developing a decision response
2 Create a report of concern
Allegations of harm for tamariki and rangatahi in care or custody are recorded as a report of concern on CYRAS, not as a contact record or casenote. Indicate at the top of the report of concern that te tamaiti or rangatahi is in care or custody, and the name of the caregiver.
The caregiver social worker changes the caregiver status to under investigation and records the details of the allegation on the caregiver record.
We communicate the report of concern to the social worker for te tamaiti or rangatahi in a CYRAS casenote reminder and hold a 2-way conversation.
Any change to the decision response determined by the site is recorded in the Pathway Rationale casenote template. This should clearly state how and why the different decision has been reached.
3 Allocation of social workers
When allocating social workers to complete the assessment or investigation, we consider:
- what is in the best interests of te tamaiti or rangatahi, while also taking into account the needs of their whānau or family and the caregiver
- how the needs, including the cultural needs, of te tamaiti or rangatahi, their whānau or family and the caregiver will continue to be met
- the views of te tamaiti or rangatahi, their family or whānau and the caregiver
- how we will maintain transparency and fairness, particularly if the social worker for te tamaiti or rangatahi is the allocated co-worker.
We hold a consult with the social worker for te tamaiti or rangatahi (if they are not allocated as a co-worker to the assessment or investigation) and the caregiver social worker and their supervisor to plan our child and family assessment or investigation and we continue to consult throughout the assessment and investigation.
4 Ensure safety and oranga
We assess the oranga needs of te tamaiti or rangatahi and all other tamariki and rangatahi who may be at risk of harm, with a focus on immediate safety. This includes the caregiver’s own tamariki, rangatahi or mokopuna.
We work with and respond in a way that maintains the oranga of te tamaiti or rangatahi and our relationships with parents, whānau or family and caregivers of te tamaiti or rangatahi.
We develop and implement a plan.
We review the plan throughout the child and family assessment or investigation with te tamaiti or rangatahi, and their parents (as appropriate), whānau or family and caregivers.
We use hui ā-whānau and family meetings to ensure:
- we consider what is in the best interests of te tamaiti or rangatahi
- the ongoing oranga and safety needs of te tamaiti or rangatahi
- we support and enhance the rights, participation and decision-making of te tamaiti or rangatahi, their parents, family, whānau, hapū, iwi, caregivers and support network as early as possible
- the views of the parents of te tamaiti or rangatahi, their whānau or family and caregivers are heard and considered.
We update the All About Me plan for te tamaiti or rangatahi, as appropriate, during the child and family assessment or investigation.
Deciding whether or not to move te tamaiti or rangatahi
Before deciding whether or not to move te tamaiti or rangatahi from their caregiver, we:
- consider what is in the best interests of te tamaiti or rangatahi
- consider how te tamaiti can be kept safe with their caregiver
- meet with te tamaiti or rangatahi, their parents (if appropriate), their whānau or family and the caregiver, and consider everybody's:
- views
- strengths
- changes they have made or will make
- available supports, including cultural supports, which are needed for te tamaiti or rangatahi to remain in the home, how these would be achieved and who would ensure this happens.
Use Tiaki Oranga to understand current safety, harm and risk in the context of oranga.
Working with Māori: Te Toka Tūmoana
Working with Pacific peoples: Va'aifetū
Working with tamariki when allegations of abuse, neglect, or harm are made against their caregiver
5 Advising and supporting the caregiver
We need to provide the caregiver with information about the allegation, including all relevant concerns such as historical or cumulative concerns which are likely to be considered, as soon as is practical and in a manner that they are able to clearly understand.
We inform them that:
- a child and family assessment or investigation of the allegation will be completed by Oranga Tamariki social worker(s)
- the parents of te tamaiti or rangatahi will be informed of the allegation and when this has occurred
- they will be given an opportunity to respond to the allegation
- they will be able to read and respond to the evidence collected.
We ensure that caregivers receive ongoing support during the child and family assessment or investigation:
- Oranga Tamariki caregivers receive support from the caregiver social worker, such as:
- referral for psychological support – for example, EAP (Employee Assistance Programme)
- arranging additional respite care
- arranging in-home support
- care partner caregivers receive support from their provider agency.
We provide all caregivers with information about Caring Families Aotearoa before our child and family assessment or investigation interview – ensuring this gives the caregiver time to arrange support people to attend the interview.
Allegations involving section 396 providers
Caring Families Aotearoa contact details:
Email criticalsupport@caringfamilies.org.nz
Phone 0800 693 278
6 Advising parents
As soon as possible, we talk with the parents of te tamaiti or rangatahi about the allegation, unless doing so puts te tamaiti or rangatahi, the caregiver or another person at risk of harm.
When working with tamariki and rangatahi Māori, we consult with kairaranga ā-whānau, a senior Māori practitioner or a competent bicultural practitioner to help engage with the parents of te tamaiti.
When working with Pacific children and young people, we seek advice from a competent Pacific practitioner to help engage with the child or young person’s parents.
When working with children and rangatahi from other cultures, we seek advice from a culturally competent practitioner or person to help engage with the child or young person’s parents, as appropriate.
If we decide not to tell the parents at this time, we need to review this decision regularly and agree when the parents will be informed.
We record our reason for this decision and the frequency of these reviews in CYRAS.
Working with Māori: Te Toka Tūmoana
7 Engage with te tamaiti or rangatahi
Throughout the child and family assessment or investigation, we talk with te tamaiti or rangatahi to seek and take their views into account, keep them informed, provide the support they need to enhance their oranga with a focus on safety, and encourage them to participate in decisions being made about them.
We use our understanding and analysis to inform these changing needs and supports and capture this in the All About Me plan. Regularly considering the frequency of visits by the social worker to te tamaiti or rangatahi is very important during this period.
There may be some limited circumstances where it is considered not appropriate or in the best interests of te tamaiti or rangatahi to keep them informed throughout the child and family assessment or investigation (for example, because of their age or intellectual ability, or for their emotional and mental wellbeing) – this must be clearly recorded and reconsidered during the child and family assessment or investigation.
8 Recording the child and family assessment or investigation
The child and family assessment or investigation is recorded in a new Child and Family Assessment or Investigation phase.
We also create an assessment report and clearly articulate our understanding and analysis of harm, safety and protection for te tamaiti or rangatahi and what should happen next.
We record our child and family assessment or investigation in a way so that te tamaiti or rangatahi, whānau and family can understand what the concerns were, who was involved, what information was gathered, what decisions were made, what the reasons were and what the supports were put in place. This helps ensure te tamaiti or rangatahi, whānau and family understand how the concerns were responded to.
9 Draft outcome report
When the child and family assessment or investigation is complete, the key investigating social worker completes an assessment report clearly articulating their understanding and analysis. This informs the draft outcome report where the allegations, the child and family assessment or investigation process, their analysis and the findings of the child and family assessment or investigation (as recorded in CYRAS) are documented.
This report is provided to the caregiver or care partner care staff for their feedback by the most appropriate person (this could be a social worker, supervisor or manager). When deciding who this will be, we consider our relationships with the caregiver or care partner care staff and their specific circumstances.
10 Outcome report
The key investigating social worker finalises the outcome report once feedback from the caregiver or care partner care staff has been received.
11 Informing caregivers
The outcome report is provided to the caregiver or care partner care staff by the most appropriate person – this could be a social worker, supervisor or manager.
12 Informing te tamaiti or rangatahi
The most appropriate social worker who has a relationship with te tamaiti or rangatahi informs them of the outcome of the child and family assessment or investigation, ensuring te tamaiti or rangatahi has the support they need during the discussion. We discuss with te tamaiti or rangatahi, their parents and whānau or family (as appropriate) who they would like to be part of this discussion. The social worker needs to consider the age of te tamaiti or rangatahi and their stage of development, culture and any disability they may have. The privacy of everyone involved needs to be respected.
We help te tamaiti or rangatahi understand that someone:
- has taken their concerns seriously
- has taken action to support them
- is managing their care and safety.
We record in CYRAS the discussion with te tamaiti or rangatahi.
If we haven’t been able to inform te tamaiti or rangatahi, we record the reason for this.
13 Informing parents and others
The investigating social worker informs the parents of te tamaiti or rangatahi and everyone involved of the outcome of the assessment or investigation (including the care partner and regional Te Kāhui Kāhu assessor, if applicable) and records this in CYRAS.
14 Caregiver review
Once the outcome report is approved, the caregiver social worker reviews the caregiver’s approval status. The review report is provided to the caregiver for their feedback before being finalised.
The caregiver social worker then reviews the caregiver support plan.