Guidance
Allegations of harm in care or custody
The safety and wellbeing of te tamaiti or rangatahi in care or custody is our first concern when there are allegations of harm or concerns for oranga.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) or concerns for the wellbeing of tamariki or rangatahi in care or custody when the allegation is not against a caregiver.
We have different processes for allegations of harm by caregivers and for complaints, or allegations of crimes other than harm:
Allegations of harm to tamariki by caregivers
Allegations involving section 396 providers
Allegations of criminal behaviour by caregivers other than harm
How we respond to allegations
1 Consider the information received
Apply the intake decision response tool (DRT) to the information or concerns received for te tamaiti or rangatahi and determine the appropriate pathway and response time.
For all allegations of harm of tamariki or 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 or rangatahi in care are recorded as a report of concern, 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.
Any change to the decision response determined by the site must be 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 child and family assessment or investigation, the allocating supervisor considers:
- what is in the best interests of te tamaiti or rangatahi, and 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 whānau or family and the caregiver
- how we will maintain transparency and objectivity.
Where a new social worker is allocated to complete a child and family assessment or investigation, they use Organising my Practice to plan their mahi in consultation with the existing social worker for te tamaiti or rangatahi. Consultation between social workers will continue to throughout the child and family assessment and investigation.
4 Understanding oranga with a focus on safety
We use Tiaki Oranga to understand the current safety needs of te tamaiti or rangatahi and all other tamariki or rangatahi who may be at risk of harm.
We use our models, tools and resources, and work with te tamaiti or rangatahi, parents, whānau or family and caregivers to:
- build and deepen understanding of the impact of harm or risk of harm
- develop and implement a plan to support oranga, with a focus on safety
- review the plan throughout the child and family assessment or investigation.
We use hui ā-whānau and family meetings to:
- develop a shared understanding of the situation and the impact on oranga
- consider what is in the best interests of te tamaiti or rangatahi and how we can best support their oranga and ongoing needs – for example:
- physical and emotional safety and cultural needs
- support of te tamaiti or rangatahi, their parents, family, whānau, hapū, iwi and caregivers to actively participate in decision-making and planning
- ensure the views of te tamaiti or rangatahi, 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
We work with te tamaiti or rangatahi, whānau or family, caregivers and others to understand whether a change in the care arrangement may be necessary. We consider:
- the best interests of te tamaiti or rangatahi
- how te tamaiti or rangatahi could be kept safe from future harm if they were to remain in the current care arrangement – Tiaki Oranga could be used to support decision-making
- the impact on the oranga of te tamaiti or rangatahi if they were to leave or remain in the current care arrangement
- the views of te tamaiti or rangatahi and others about what should happen, given the allegation of harm or potential harm
- how we support te tamaiti or rangatahi in the care arrangement (current or new).
Working with Māori: Te Toka Tūmoana
5 Advising parents
We talk with the parents of te tamaiti or rangatahi about the allegation as soon as possible, unless doing so puts te tamaiti or rangatahi, the caregiver or another person at risk of harm.
We help them to understand what has happened and what steps have been taken to ensure the immediate safety of te tamaiti or rangatahi and support their oranga. We work with parents and others to understand how we can best support them during the child and family assessment or investigation – for example, a kairaranga ā-whānau, a senior Māori practitioner or a competent bicultural practitioner, Pacific advisors or senior practitioners.
If we decide not to tell the parents at this time, we review this decision regularly. We plan for 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
6 Engage with te tamaiti or rangatahi
We consider how we can keep te tamaiti or rangatahi informed and what supports they may need to understand the concerns and participate in the decision-making and planning.
Throughout the child and family assessment, we work with te tamaiti or rangatahi to:
- build understanding about the impact of the harm
- keep them informed
- understand and provide the support they need to ensure their oranga, with a focus on safety
- support them to participate in decisions being made about them.
We work with te tamaiti or rangatahi to update their All About Me plan to reflect any changes arising, such as changes to the frequency of social work visits during this period, or an alternative care arrangement.
There may be some limited circumstances where it may not be 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 reassessed during the child and family assessment or investigation.
7 Recording the child and family assessment or investigation
We record our mahi in a new Child and Family Assessment or Investigation phase.
We articulate our written assessment in the assessment report. We outline the models, tools and resources we've used to deepen our understanding and support our analysis as well as summarising the understanding that we have built through our casework activity.
The report sets out and explains our social work position and a well-reasoned pathway for what should happen next. The assessment report is used to support immediate and long-term planning.
We record our child and family assessment or investigation in a way so that tamariki, 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 supports were put in place. We share our assessment report with te tamaiti or rangatahi and their whānau and family.
8 Informing te tamaiti or rangatahi
The most appropriate social worker who has a relationship with te tamaiti or rangatahi informs te tamaiti or rangatahi 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 work with te tamaiti or rangatahi and their parents and whānau or family to understand 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.
9 Informing parents and others
The investigating social worker informs the parents of te tamaiti or rangatahi and everyone involved of the outcome of the child and family assessment or investigation and records this in CYRAS.