Guidance
Cancellation of a section 311 order – section 316(1A)
The chief executive (or their delegate) may make an application to the Youth Court to cancel a supervision with residence order made under section 311 of the Oranga Tamariki Act 1989 placing a rangatahi aged 17 years in the custody of the chief executive.Upcoming changes for this guidance
What it is
An application can be made when a rangatahi (aged 17 years) is in a residence serving a section 311 order.
When Oranga Tamariki identifies and evidences actions from a rangatahi that demonstrates their behaviour or compliance with any obligations placed on them by the section 311 order have been unsatisfactory to a more than minor extent, then a decision needs to be made about whether to make an application to cancel their supervision with residence order.
The affidavit should be supported by the following types of information:
- evidence of non-compliance, such as incidents, secure care history, including what attempts Oranga Tamariki has made to support rangatahi to comply
- current incidents or alleged offending.
The Youth Court may make such an order if it is satisfied that the behaviour of a rangatahi and their compliance with any obligations placed on them by the order have been unsatisfactory to a more than minor extent.
Who does it
The case leader has the primary responsibility for:
- identifying if the behaviour or compliance with any obligations placed on the rangatahi (aged 17 years) by the order have been unsatisfactory to a more than minor extent
- ensuring rangatahi and their whānau or family are informed of the intent to apply for the supervision with residence order to be cancelled and that they understand the reasons and the process
- consulting with the Team Lead Clinical Practice and youth justice social worker
- completing the application and affidavit in consultation with an Oranga Tamariki solicitor
- obtaining the approval signature of the application from the Residence Manager.
The Team Lead Clinical Practice has the primary responsibility for reviewing the application and affidavit undertaken by the case leader.
The youth justice social worker has the primary responsibility for:
- consulting with the care and protection social worker for the rangatahi, if applicable
- keeping the youth advocate and Police Youth Aid informed of the application
- updating the section 334 report (if requested by the Youth Court).
The Residence Manager (as the chief executive's delegate) has the primary responsibility for approving and signing the application.
Oranga Tamariki Legal Services has the primary responsibility for:
- reviewing the application and affidavit
- submitting the joint application and affidavit to the court registrar and making arrangements for the Youth Court hearing
- serving the joint application and affidavit on the Police and youth advocate
- appearing in the Youth Court.
How to do it
1 Identification of unsatisfactory behaviour
The case leader identifies that the behaviour or compliance with any obligations placed on a rangatahi (aged 17 years) by the order have been unsatisfactory to a more than minor extent.
2 Consultation with rangatahi and whānau or family
The case leader meets the rangatahi and their whānau or family to discuss behaviour or non-compliance with the order, and look for ways to support the rangatahi to successfully complete their section 311 order.
3 Consultation with youth justice social worker on review meeting to explore alternative options
The case leader consults with the youth justice social worker regarding the discussion with the rangatahi, and determines if a review meeting is required to explore alternative options. The review meeting will include the rangatahi and their whānau or family. If the outcome of the review meeting is that a different order is required, then the case leader will initiate the process for making an application to cancel the section 311 order.
4 Consultation on application decision
The case leader consults with the Team Lead Clinical Practice and the youth justice social worker about making an application to cancel the section 311 order under section 316(1A). If Oranga Tamariki is satisfied that there is sufficient grounds to make an application to cancel the section 311 order then this matter can be recalled before the court to enable the application under section 316(1A) to be dealt with.