When tamariki or rangatahi move to whānau or family overseas

How this area of practice interfaces with other practice expectations and supports

All tamariki and rangatahi in care are covered by the care arrangements policy.

Policy: Care arrangements

This guidance provides additional considerations when a care arrangement in New Zealand is not possible, and consideration is being given to te tamaiti or rangatahi moving overseas, including Australia. The guidance supports the overseas and Australian care arrangements policies.

Policy: Overseas care arrangements

Policy: Australian care arrangements

The National Care Standards apply as far as practicable, alongside other aspects of the Oranga Tamariki Act and Te Tiriti of Waitangi obligations. The United Nations Convention on the Rights of the Child applies to all our decision-making around overseas care arrangements. This includes:

• tamariki and rangatahi have the right to be raised within their own whānau or family in their country of origin, wherever possible
• tamariki, rangatahi and their whānau or family have a right to participate in decisions relating to where and with whom they will live.

Working across international jurisdictions can be complicated and requires knowledge of different jurisdictions, processes and requirements. The International Child Protection Unit is available to support kaimahi when considering a care arrangement in another country. The Interstate Liaison Officer (ILO) supports our interactions with the Australian authorities.

Seeking advice and support from this team early will ensure kaimahi are able to best meet the needs of tamariki and rangatahi, whānau or family and caregivers when an overseas care arrangement is being considered and planned.

Email: ICPU@ot.govt.nz 

When considering an overseas care arrangement

The following practice considerations should inform any decision-making about whether an overseas care arrangement is in the best interests of te tamaiti or rangatahi.

Ensure the following before proceeding with an overseas care arrangement

• Are we confident all whānau or family options in Aotearoa New Zealand, both maternal and paternal, have been explored? For tamariki or rangatahi Māori, has this included exploration of hapū and iwi options?
• Does everyone agree there are no suitable whānau or family care arrangements available in Aotearoa New Zealand?
• If te tamaiti or rangatahi is Māori or Pacific, have we ensured the appropriate practice model has been applied in the care arrangement considerations?
  Te Toka Tūmoana
  Va'aifetū
• How have we considered our Tiriti o Waitangi obligations when working with tamariki, rangatahi and whānau Māori?
• Have the principles of the United Nations Convention on the Rights of the Child been considered, particularly the subsidiarity principle, which outlines that te tamaiti or rangatahi has the right to be raised within their own family in their country of origin, if possible?

Understand everyone’s wishes and views

• Has there been consultation or a hui ā-whānau or family group conference where the idea of an overseas care arrangement has been discussed, explored and agreed?
• Who else might have important information for a whānau or family hui or a family group conference so the whānau or family can have access to the information they may need to inform their decision-making?
• Do whānau or family understand what this means for contact arrangements and how this will change? Do they understand the care arrangement is a long-term plan? Are they likely to consent to the plan?
• Consider accessing the support of a kairaranga ā-whānau (where available), a Māori practitioner or a Pacific or other cultural advisor appropriate to the background of te tamaiti or rangatahi to identify and engage with the family, whānau, hapū and iwi and other significant people.
• Have we supported te tamaiti or rangatahi to understand the significance of them moving overseas? Have we effectively supported te tamaiti or rangatahi to share their wishes and views?
• What does te tamaiti or rangatahi know about the potential caregivers? Do they understand this is a long-term plan for them? Have they thought about what this means for them regarding their friendships, schooling, and cultural and community connections?
• For disabled tamariki and rangatahi, particularly if they have a communication disability or impairment, we need to ensure that they are supported to communicate, understand and participate in decision-making.
• What relationships does te tamaiti or rangatahi feel are important to them to be maintained and strengthened while outside Aotearoa New Zealand?
• Have all relevant people (whānau, family and professionals) been involved in exploring options, understanding issues and complexities, and forming plans? This may include:
  • lawyer for child
  • immigration or legal professionals
  • health, education or disability services currently working with te tamaiti or rangatahi
  • cultural or community agencies
  • relevant Oranga Tamariki kaimahi.

Hui ā-whānau

Upholding the rights and mana of disabled people and tāngata whaikaha Māori

Talking with and listening to tamariki and rangatahi

Setting up a care arrangement in Australia – process guidance

Ensure there is a shared understanding of the needs of te tamaiti or rangatahi

The decision to support an overseas care arrangement for te tamaiti or rangatahi needs to be based on a shared understanding of the needs of te tamaiti or rangatahi within an oranga frame. Building an understanding of the strengths, needs and oranga aspirations of te tamaiti or rangatahi with the whānau or family will help ensure that the care arrangement promotes the strengths of te tamaiti or rangatahi and allows them to grow and flourish.

While all domains of oranga are important, the overseas care arrangements policy outlines the key areas that must be considered.

Understand the strengths and needs of the proposed whānau or family caregiver

Ensuring the potential caregiver for te tamaiti or rangatahi has the ability, supports and motivation to meet their needs now and into the future is critical to any care arrangement being successful.

Before moving into the formal process for assessing and approving the potential caregivers, it may be helpful to have an initial discussion to explore:

• their circumstances and to gather background information
• what they know about the needs of te tamaiti or rangatahi
• their willingness to be part of a plan with everyone to meet those needs
• their understanding of timeframes – for assessment, the intended length of the care arrangement and the next steps.

The caregiver assessment and approval policy covers the requirements for assessment and approval of proposed caregivers, including for an overseas care arrangement.

Policy: Caregiver and adoptive applicant assessment and approval

Caregiver and adoption assessment framework

Setting up a care arrangement in Australia – process guidance

Consult early with your Caregiver Support Team, and the Interstate Liaison Officer (ILO) for Australia care arrangements or the International Child Protection Unit (ICPU) for all other countries. Working closely together to manage the assessment and approval process is important.

Understand the resources and supports available to support te tamaiti or rangatahi and the caregivers

Education, health, disability, specialist, cultural and community supports vary from country to country, and within countries and geographical areas. A care arrangement in a rural or isolated area may not provide the necessary supports or services for te tamaiti or rangatahi and their caregiver. This will be especially important where te tamaiti or rangatahi has identified disability needs, or specialised health or education needs.

Understand what services and supports are available within a local area of the care arrangement for te tamaiti or rangatahi.

Ensure everyone understands the eligibility for health, education and disability services, and that everyone – including te tamaiti or rangatahi – understands what this means for their care and support.

Understand what immigration status and legal orders are required for te tamaiti or rangatahi to have the necessary protections and rights within another country. This includes the residency status of the potential caregivers as this can also influence the level of support they and te tamaiti or rangatahi will be eligible for.

For most tamariki and rangatahi, it may be in their best interests that their caregiver makes an application for custody and guardianship in their own favour and that the chief executive orders are discharged. This change in custody and guardianship is likely to improve access to services and supports, but it’s important everyone understands the implications of changes to the legal orders held in Aotearoa New Zealand.

Some overseas-based permanent caregivers, as defined by the Oranga Tamariki Act 1989 or in policy, may be eligible for a package of support that extends beyond the discharge of orders against the chief executive.

Seek advice from the International Child Protection Unit (ICPU) or International Liaison Officer (ILO) around immigration and legal status and what this means for te tamaiti or rangatahi and their caregivers.

Seek specialist advice for disabled tamariki or rangatahi from your regional disability advisor to help you navigate the equivalent service in the overseas care arrangement. Disabled tamariki or rangatahi may have needs that are met by services within Aotearoa New Zealand, but we need to explore whether they will have the right to access necessary services in the overseas country.

Policy: Caregiver support

Support for permanent caregivers

Policy: Overseas care arrangements – Understanding the best interests of te tamaiti or rangatahi

Special Category visa (PDF 76 KB)

Practice when working with disabled people

Developing plans to support an overseas care arrangement

Once a decision has been made by the whānau or family, Oranga Tamariki and the other professionals involved in decision-making, transition planning needs to occur and a plan that accompanies the care arrangement needs to be developed. The policy for overseas care arrangements outlines the requirements of the plan to accompany a care arrangement overseas.

Service providers, agency names and services will be different in another country, so we ensure names, acronyms and contact details are accurate so that support is smooth and can be accessed easily.

Policy: Transitions within care

Policy: Care arrangements

Policy: Overseas care arrangements

Preparing for the move overseas

Practical things associated with the move overseas need to be planned. These things can take time to arrange so plan ahead to ensure nothing is missed.

Things that need to be considered include:

• making travel plans, including transfers, connections, baggage allowances and the timing and logistics involved
• booking flights and other travel arrangements, insurance and having the appropriate approvals in place – this includes return travel arrangements (if required) for the person accompanying te tamaiti or rangatahi
• identifying who will travel with te tamaiti or rangatahi and ensuring they have the appropriate documentation, understand their role and are suitable to provide the escorting requirements during the trip (for example, gender suitable for supervising toileting needs) – if an Oranga Tamariki kaimahi is travelling with te tamaiti or rangatahi, then we are in ‘loco parentis’ (in the place of a parent) and are responsible for making sure the needs of te tamaiti or rangatahi are always being met
• if te tamaiti or rangatahi has not travelled internationally or by plane before, supporting them to know what to expect (for example, managing security and immigration, waiting in queues, collecting luggage), and considering what they might need to keep them entertained, and food and refreshments for the trip
• ensuring te tamaiti or rangatahi has the necessary clothing, personal belongings, equipment and medicines they will need
• ensuring all documentation is obtained and travels with te tamaiti or rangatahi.
  Policy: Overseas care arrangements
  Resource: Documentation required for te tamaiti or rangatahi moving overseas (PDF 98 KB)

Information regarding the requirements of travel is outlined in the travel policy.

Policy: Travel – within New Zealand and overseas

When tamariki or rangatahi are moving to live in Australia – Australia-specific information

Overseas care arrangements in Australia are governed by the Interstate Child Protection Protocol (the Protocol).

The Protocol provides a legal framework and procedures within which the Child Protection Departments in the States and Territories of Australia and Aotearoa New Zealand will work together to promote the best interests and wellbeing of tamariki and rangatahi.

To support social workers and other Oranga Tamariki kaimahi, step-by-step guidance has been developed for when we are considering or have agreed to a care arrangement in Australia. Most of these steps also apply to overseas care arrangements in other countries.

Setting up a care arrangement in Australia – process guidance

Australia–New Zealand Interstate Child Protection Protocol, Trans-Tasman transfer of protection orders and protection proceedings (PDF 91 KB)

Interstate alert template (DOC 74 KB)