Permanency planning for tamariki in the context of the 1 July 2019 legislative changes

Tamariki and caregivers who might be in this situation

I am a tamaiti who is in a care arrangement where there is an existing commitment or agreement that this arrangement be made permanent.

I am a caregiver who has started a permanency process where there is an existing commitment or agreement that this arrangement be made permanent.

What we do

We need to honour existing commitments to support permanency, unless the circumstances for te tamaiti have changed significantly. Caregivers must be supported to be able to maintain and strengthen the identity, connection and belonging of te tamaiti in an ongoing way.

Follow through on the existing plan

• We should continue to support the existing care arrangement and act on our previous commitments to te tamaiti and their caregiver. We work on the basis that the right care decision was made for te tamaiti based on an assessment of their needs and best interests and on the participation of te tamaiti and their family/whānau in the decisions contained in the plan.
• We only change the existing care arrangement if there is a significant change in the circumstances of te tamaiti or their caregiver.
• The All About Me plan for te tamaiti and the caregiver’s support plan should be carefully reviewed and adjusted where necessary to ensure there is appropriate support to address mana tamaiti and maintain and strengthen identity, belonging and connections.
• We should maintain clear communication with the family/whānau of te tamaiti, and their hapū, iwi or family group as the plan is progressing.

All About Me plan to meet the needs of tamariki

Caregiver support plan

Help caregivers understand what the 1 July 2019 legislation requires and adjust the plan if needed

• We need to work closely with caregivers to help them understand how changes to the principles of the Oranga Tamariki Act 1989 may impact on the existing permanent care arrangement, including how the connection of te tamaiti to their family/whānau, hapū and iwi will be established (if not already established) and maintained after permanent orders are granted.
• Courts expect to see the principles of mana tamaiti, whakapapa and whanaungatanga reflected in the plan when determining orders. We may need to adjust the post-permanency support for te tamaiti and their caregiver to give effect to these. For example, additional cultural supports may be needed, or contact arrangements may need to be redefined.
• If our work with tamariki and caregivers leads to a decision to vary the existing permanency plan or application to court, social workers must consult their supervisor, the caregiver’s social worker and Legal Services in the first instance. For tamariki Māori, we should consult with a kairaranga ā-whānau or an experienced senior Māori or bicultural practitioner. Hui ā-whānau and child/young person and family consults can also support decision-making.

Only revisit the care arrangement if there has been a significant change in the circumstances of te tamaiti or their caregiver

If, as a result of a significant change in circumstances, we intend to withdraw support for an existing ‘permanent’ care arrangement which we have previously agreed to, we should first consult with the site manager, regional legal manager, practice leader and, for tamariki Māori, a kairaranga ā-whānau or an experienced senior Māori or bicultural practitioner.

Tamariki and caregivers who might be in this situation

I am a tamaiti who has been with the same caregiver for a long period of time but there is no existing commitment or agreement about my permanent care.

I have been caring for this tamaiti for a long time but there is no existing commitment or agreement that this is a permanent care arrangement.

What we do

Base decisions on the assessed needs of te tamaiti

• We put the best interests and wellbeing of te tamaiti at the centre of our work and ensure that we understand and are taking into account their views and wishes.
• We undertake a thorough Tuituia assessment of the needs of te tamaiti or we update their assessment if this has already been done. We ensure that the assessment of the needs of te tamaiti aligns with the National Care Standards, and that the All About Me plan has a strong emphasis on the best interests and needs of this tamaiti, especially their need to have whānau and whakapapa connections.
• We don’t suddenly change their plan or direction, which could create instability in their life.
• We continue to search for whānau, hapū, iwi and family groups to build connection and belonging, while thinking carefully about whether this should result in a change in care arrangements.

All About Me plan to meet the needs of tamariki

Use appropriate decision-making processes that involve te tamaiti, their family/whānau and their caregiver

• If we are thinking about changing the care arrangements, we ensure a hui ā-whānau and family group conference is held to make sure family, whānau, hapū and iwi can be involved in the decision.
• We include the caregivers as they are important people in the life of te tamaiti (and entitled members to a family group conference).
• We follow our usual processes around decision-making, which involves consult, supervision, hui ā-whānau and family group conference.

Manage care transitions carefully

If a change in care arrangement is agreed, we plan for and support the transition from the existing caregiver appropriately and in accordance with the National Care Standards.

Ensure the caregiver’s capacity to provide permanent care has been appropriately assessed

• If a decision is made to pursue a permanent arrangement with the current caregiver, we ensure we have had the same conversations about the caregiver’s obligations as above and consider what post-permanency support te tamaiti and their caregiver may need, especially to strengthen and maintain whakapapa connections and ensure whanaungatanga responsibilities can be enacted by whānau, hapū and iwi.
• If a tamaiti has been placed with a transitional caregiver and that caregiver has asked about becoming the permanent caregiver for te tamaiti, we undertake a reassessment to determine the caregiver’s suitability to provide permanent care.

Tamariki and caregivers who might be in this situation

I have recently come into care and decisions about my long-term care have not yet been made.

I am caring for a tamaiti who has recently been placed with me and decisions about their long-term care have not yet been made.

What we do

• We set expectations with caregivers from the start that we will pursue permanent care options for tamariki within their whānau, hapū, iwi or family group in the first instance.
• We use the Tuituia assessment to understand the needs of te tamaiti and the All About Me plan to ensure identified needs are met in the short term while care within whānau, hapū and iwi is being pursued.
• We follow our usual processes around decision-making, which involves consult, supervision, hui ā-whānau and family group conference.

All About Me plan to meet the needs of tamariki

Caregivers who might be in this situation

I have been approved to care for a tamaiti permanently, but no tamaiti has been placed with me yet.

What we do

• We tell people who have been assessed to provide permanent care that our priority is to support tamariki to be safely cared for by their family, whānau, hapū, iwi or family group, wherever possible.
• We work with caregivers to manage any expectations they may have of building a family through permanent care.
• We ensure they understand that, if a tamaiti is placed with them permanently, the caregiver must be willing and able to provide care for that tamaiti that is consistent with the mana tamaiti, whakapapa and whanaungatanga objectives of section 7AA of the Oranga Tamariki Act 1989. Caregivers may need support with this ― the caregiver support plan should cover this.
• We should have this conversation as soon as we can. This might be when a placement is being considered, or when the caregiver review occurs, or if the caregiver has any questions about the changes to the Oranga Tamariki Act 1989 (including section 7AA), the National Care Standards, or how Oranga Tamariki is working with tamariki in general.

Caregivers who might be in this situation

I have applied to be approved as a caregiver and my assessment is underway and I would like to be considered to provide permanent care for a tamaiti not from my whānau, hapū, iwi, or family group.

What we do

• We tell prospective permanent caregivers that there is no certainty that they will be matched to a tamaiti who needs a permanent placement. We carefully manage any expectations about permanent care being an avenue for applicants to form a family.
• We help applicants understand that caregivers have an important role in maintaining whānau connections, nurturing whanaungatanga, and ensuring a tamaiti knows their whakapapa links and has strong cultural connections. This may require a significant shift in their thinking and expectations about what permanent care of a tamaiti not from their whānau will mean for them.