14-day remand reviews of tamariki and rangatahi detained in a residence (section 242(1A)) or Corrections youth unit (section 242(2B))

What the review is

All tamariki/mokopuna, rangatahi and whānau have the right to be cared for and nurtured through mana tamaiti, whakapapa and whanaungatanga, and this is fundamental to working effectively and relationally with whānau and families in ways that heal, restore and uplift mana. If te tamaiti or rangatahi is in a youth justice residence, they retain those rights and their right to maintain and build connections with whānau or family.

Tamariki and rangatahi who offend often have a range of challenges that impact on their ability to manage their responses to peer pressure, stress and distress. We seek to understand the individual challenges each tamaiti or rangatahi has and seek out the knowledge and appropriate supports to address these behaviours. Our practice is restorative, relational and inclusive.

Within our practice framework, ngākau whakairo focuses us on the rights, values and professional obligations that sit at the heart of our work embedded within our practice. It draws our attention to protecting the rights of the tamariki and rangatahi and whānau or family that we are working with, and those of the victims and the wider public. Because these rights and obligations can sometimes be at odds with each other, consultation with others (including Police) is essential in supporting our decision-making

When charges against a tamaiti or rangatahi are being dealt with by the Youth Court, te tamaiti or rangatahi may be detained on an order made by the Youth Court and placed in:

• an Oranga Tamariki residence – section 238(1)(d) of the Oranga Tamariki Act 1989
• a Corrections youth unit in a prison if they are 17 years old – section 238(1)(f) of the Oranga Tamariki Act 1989.

Custody of child or young person pending hearing – section 238 of the Oranga Tamariki Act 1989

The case may need to be brought back to the Youth Court to determine whether another custody status under section 238 would be appropriate if an alternative placement option is available.

When the review happens

The review must be done at least once every 14 days.

The first review will be by way of a family group conference. The social worker will complete any subsequent reviews.

Tamariki and rangatahi detained in an Oranga Tamariki residence or Corrections youth unit in a prison may have multiple processes occurring at the same time, such as:

• the convening or holding of a family group conference
• medical, psychiatric and psychological assessments or reports
• the development of a report and plan for the Youth Court.

Therefore, the review of the detention status of te tamaiti or rangatahi needs to be prioritised at least once every 12 days to ensure the legislative timeframes are met.

Order under section 238 sufficient authority for detention of child or young person – section 242 of the Oranga Tamariki Act 1989

A review must be done unless 'special circumstances' apply. Special circumstances could include, for example:

• if a court is awaiting health assessments
• if a change in detention status is not considered to be appropriate at this stage due to further supports required to support their placement options.

Who does it

This function has been delegated by the chief executive to a youth justice supervisor, who in practice will consider and approve (if appropriate) the review carried out by a social worker.

The youth justice supervisor will assist and guide the social worker.