People entitled to attend a care and protection family group conference — section 22The law outlines who has a right to attend a care and protection family group conference, take part in the discussions and have a say in the decisions, recommendations and plans.
Upcoming changes to this guidance
This content will be strengthened so it more completely reflects our commitment to practice framed by te Tiriti o Waitangi, based on a mana-enhancing paradigm for practice, and drawing from Te Ao Māori principles of oranga to support mana tamaiti, whakapapa and whanaungatanga. We each need to consider how we can apply these principles to our practice when reading this guidance. The following resources provide support:
Practice for working effectively with Māori
Our practice shift
Entitled to attend
The following people are entitled to be at a care and protection family group conference:
- te tamaiti or rangatahi
- their parents, guardians or the people having the current care of te tamaiti or rangatahi
- members of their whānau or family or family group
- the care and protection coordinator who is convening the conference or another care and protection coordinator acting for them
- people whom the whānau or family or family group invite to attend, which may include other members of hapū or iwi
- the social worker (or a person acting for them who is also a delegate of the chief executive) or police officer (or another constable acting for them) who made the referral under section 18(1) of the Oranga Tamariki Act 1989
- the social worker delegated to attend on behalf of the chief executive at other family group conferences under the Act (not convened under section 18(1))
- the Police, schools or other organisations that are concerned with child wellbeing, if they are the referrer under section 19
- a person appointed by the court if te tamaiti or rangatahi is under guardianship (sometimes called wardship) of the court under the Care of Children Act 2004
- the lawyer or lay advocate representing te tamaiti or rangatahi
- if the conference is convened to consider extended care of te tamaiti or rangatahi, the person who has or is proposed to have their care.
Persons entitled to attend care and protection family group conference — section 22 of Oranga Tamariki Act 1989
Interpretation of 'family group' — section 2 of Oranga Tamariki Act 1989
Exclusion from attendance at a care and protection family group conference
The care and protection coordinator has the authority to exclude people from a conference. The coordinator can only exclude te tamaiti or rangatahi or their parents, guardians, caregivers and members of their family, whānau and family group if the coordinator considers that their attendance is not in the interests of te tamaiti or rangatahi or is undesirable for any other reason. However, the coordinator must get their views and ensure they are presented to the conference, for example, through a letter.
Te tamaiti or rangatahi also need not attend if they are unable to understand the proceedings by reason of age or level of maturity.
No other entitled member may be excluded from a care and protection family group conference.
If you are unsure, contact Legal Services about excluding a person or making alternative attendance arrangements.
Hapū and iwi
Generally, whānau is a more immediately related group of people than hapū or iwi, but the concepts may overlap. Whānau members will often also be members of the hapū and iwi of te tamaiti or rangatahi.
Section 7AA of the Oranga Tamariki Act 1989 requires that policies and practices have regard to mana tamaiti, whakapapa and whanaungatanga. The social worker and coordinator should identify appropriate opportunities to involve members of hapū and iwi in the family group conference. Members of hapū or iwi are not listed specifically as members entitled to attend a conference but there are opportunities to include them as:
- entitled persons by agreement
- information givers.
Duties of the chief executive of Oranga Tamariki in relation to Treaty of Waitangi (Tiriti o Waitangi) — section 7AA of Oranga Tamariki Act 1989
Entitled persons by agreement
Te tamaiti or rangatahi or their whānau or family may identify other people they wish to attend the conference as an entitled person by agreement. The care and protection coordinator should consult the whānau or family on whether they agree to the attendance of any other people. This should include consideration of whether whānau or family agree to the attendance of other members of the hapū or iwi of te tamaiti or rangatahi.
Those people can then be included as an entitled member of the family group conference.
Entitled person by consent at care and protection family group conferences — section 22(1)(i) of the Oranga Tamariki Act 1989
People can attend a family group conference as information givers if the coordinator considers they have information and advice that the conference needs to hear.
Information givers could be key professionals involved with te tamaiti or rangatahi — particularly health and education professionals. Members of hapū and iwi might be encouraged if they can provide relevant information, for example, about assistance or how to strengthen connection with hapū or iwi.
Care and protection coordinator to ensure that relevant information and advice made available to family group conference — section 23 of Oranga Tamariki Act 1989
Information givers are not entitled people and don't:
- have a right to stay for the whole family group conference — they may only attend for the purpose of conveying any information or advice required by the conference to carry out its functions, but may otherwise attend the conference only with the agreement of the conference
- vote at the conference and decide on the plan for te tamaiti or rangatahi
- receive a copy of the plan unless directly affected by any decision or recommendation in the plan.