Social worker referral for a care and protection family group conference — section 18(1)

Where a social worker forms a belief that te tamaiti or rangatahi is in need of care or protection, they must make a referral to a care and protection coordinator who must convene a family group conference.

Te tamaiti or rangatahi is considered to be in need of care or protection if 1 or more of the grounds set out in section 14(1) of the Oranga Tamariki Act 1989 apply — except section 14(1)(c), which deals with the parents of a subsequent tamaiti.

Policy: Subsequent child

For example:

• Neglect would involve section 14(1)(a) ('the child or young person is suffering, or is likely to suffer, serious harm') having regard to the circumstances described in section 14AA(2)(a) ('a child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, avoidable').
• Domestic violence would involve section 14(1)(a) ('the child or young person is suffering, or is likely to suffer, serious harm') having regard to the circumstances described in section 14AA(2)(b) ('the child or young person has been exposed to family violence (within the meaning of section 9 of the Family Violence Act 2018)').

A decision that a tamaiti or rangatahi is in need of care or protection is to be supported by a Tuituia assessment and report that includes:

• a description of the specific risk, as set out under sections 14(1) and 14AA
• protective or safety factors identified
• the rationale and basis for the concerns.

Definition of child or young person in need of care and protection — section 14(1) of Oranga Tamariki Act 1989

If the social worker is concerned for the safety of te tamaiti or rangatahi, they work with te tamaiti or rangatahi, their whānau or family and professionals to build safety around te tamaiti or rangatahi at the earliest opportunity before the family group conference.

This could involve building a safety plan with whānau or family and their support network.

Building safety around children and young people

The Tuituia assessment and report are needed to support the referral. It provides the coordinator with a holistic assessment of the strengths and safety and wellbeing needs of te tamaiti or rangatahi.

The Tuituia assessment recording tool is used for all tamariki and rangatahi who are entered as a client in CYRAS. The section ‘Why we are involved & what we are worried about’ covers:

• the grounds for the referral — each reason why te tamaiti or rangatahi is in need of care or protection, according to section 14(1) of the Oranga Tamariki Act 1989 (other than section 14(1)(e), which covers a tamaiti aged 10 to 13 years who has committed an offence or offences of sufficient magnitude that gives serious concern for their wellbeing — these are dealt with in youth justice)
• the risk statements that cover the risk of harm and protective or safety factors identified
• a brief account of the current situation
• a succinct summary of any prior involvement by Oranga Tamariki with te tamaiti or rangatahi and their whānau or family — this can include what has been tried in the past and what has or has not helped.

All supporting information is to be made available.

The latest Tuituia report for te tamaiti or rangatahi:

• auto-populates sections of the referral
• identifies the needs, strengths and risks of te tamaiti or rangatahi
• helps the social worker identify any professionals who should be part of the family group conference
• records the views of te tamaiti or rangatahi, including their hopes, dreams and wishes, and any fears or worries they have about the conference process.

The Tuituia report needs to contain enough information so the care and protection coordinator can start convening the family group conference.

Using the Tuituia recording tool

Completing the Tuituia report

The referral should cover any specific identity or cultural dynamics and values of te tamaiti or rangatahi and their whānau or family that the coordinator needs to be aware of when convening the family group conference.

For tamariki Māori:

• provide details of whānau, and relevant hapū and iwi connections
• include potential participants identified by whānau from hapū, iwi and other cultural communities who may be appropriate to include in the conference
• consider whether kairaranga ā-whānau have already engaged with whānau, and what their expectations are about ongoing support
• identify the participation and views expressed to date of whānau, hapū and iwi as applicable, including views that reflect their whanaungatanga obligations.

Include any other potential factors, such as nationality, ethnicity, religious views, gang affiliations, disability, sexuality and gender identity, that are relevant to engaging with te tamaiti or rangatahi and whānau or family.

The social worker meets with te tamaiti or rangatahi and their whānau or family to talk with them about the referral and the reasons for making it, including:

• their belief that te tamaiti or rangatahi is in need of care or protection and what this means according to the Oranga Tamariki Act 1989
• what they’re worried about and the sort of changes that may be needed.

Whānau or family need to be advised that:

• this is a legal process and the whānau or family might want to talk with a lawyer
• a family group conference will be held as soon as possible
• the family group conference is an opportunity to discuss what we are worried about and to find a way to help everyone make the changes that might be needed, and to meet with professionals who can help
• a care and protection coordinator will contact them to talk about the family group conference, where and when it should be held and who they would like to have there.

This is also the time to:

• discuss how any current issues can be addressed while waiting for the family group conference to be held
• share the Tuituia report with the whānau or family, if it hasn’t been shared already
• check that te tamaiti or rangatahi and their whānau or family understand the reasons why the referral has been made.

The social worker:

• checks the contact details of any person connected to te tamaiti or rangatahi recorded in CYRAS to make sure they’re up to date
• talks to te tamaiti or rangatahi and their whānau or family about:
  • who is important to them and who they want to be invited to participate in the family group conference — including other whānau or family and those from hapū and iwi who may participate as whānau
  • any professionals and community groups they may be involved with and who can provide valuable information
• makes sure there is an up-to-date genogram.

The social worker provides the care and protection coordinator with a current list of:

• people who are entitled members of the family group conference
• people who will provide information at the conference.

People entitled to attend a family group conference

The social worker and the coordinator need to look beyond the immediate whānau or family to wider whānau or family. This should also include consideration of members of hapū and iwi who could attend with agreement of whānau or as information givers. This helps ensure a wider response to the needs of te tamaiti or rangatahi.