Upcoming changes for 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
What the review is
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.
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.
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.
How to do it
1 Consult with the youth justice coordinator
The social worker talks to the youth justice coordinator about the convening and holding of a family group conference that will consider placement options.
2 Consult with colleagues, other professionals and key people
The social worker talks to other professionals who may be working with te tamaiti or rangatahi during the remand period. This may include care and protection social workers and/or workers from the Transition Support Service as well as those from health, education, and other services.
3 Consult with te tamaiti or rangatahi and their whānau or family
The social worker engages and seeks views and options from te tamaiti or rangatahi and their whānau or family about alternatives to being detained in custody, for example bail.
Consider whether Oranga Tamariki can support the placement, such as by helping to find and assess alternative whānau or family placement options or assisting with supported bail.
4 Consult with other key people such as youth advocate and Police
The social worker keeps the youth advocate and the Police informed about progress with remand discussions and planning, and seeks their views about alternative placement options, including whether the matter needs to be brought back before the Youth Court to consider any recommendation of an alternative custody status under section 238 of the Oranga Tamariki Act 1989.
5 Record the information on CYRAS
Case recording is an important aspect of care and protection and youth justice social work.
The social worker makes sure the record is up to date and complete.
Focus primarily on the following practice areas:
- key decisions made, the rationale behind these decisions and the actions taken – this records case progress and any changes in the direction of the case
- how we have enabled te tamaiti or rangatahi to participate
- the views of te tamaiti or rangatahi and how we have taken account of their views
- the views and perspectives of whānau or family
- personal and demographic details of te tamaiti or rangatahi and their whānau or family
- discussions and decisions made during supervision
- assessment and practice tool application and outcomes
- plans, reviews and reports.
6 Approve the review
The youth justice supervisor considers and approves (if appropriate) the review completed by a social worker.