Detaining 17-year-old rangatahi in a youth unit of a prison (section 238(1)(f))

The case leader identifies if a rangatahi meets the criteria for detention in a youth unit of a prison. The primary question that needs to be answered is ‘Is it necessary for the rangatahi to be detained in a Corrections youth unit (rather than an Oranga Tamariki youth justice residence) to ensure the safety of any rangatahi who is in an Oranga Tamariki youth justice residence?’

This should be supported by the following considerations:

• Evidence of unmanageability — recent history of placement in a residence, for example, incidents, secure care history, including what attempts Oranga Tamariki has made to manage the rangatahi (what has worked and what hasn’t worked).
• Current incidents (such as physical assaults).
• Current alleged offending and historical offending.
• Are Oranga Tamariki’s legal controls sufficient to manage the behaviour of the rangatahi in a way that keeps other rangatahi safe?
• Are the current charges the rangatahi is facing likely to lead to the adult jurisdiction?

The case leader then:

• ensures the rangatahi and their whānau or family are informed of the intention to apply for a transfer to a youth unit of a prison and that they understand the reasons and the process
• consults with Corrections regarding making a joint application
• undertakes the joint assessment with Corrections staff (refer to the targeted YPPA assessment tool and MoU for further details)
• keeps the youth advocate and Police Youth Aid informed of the joint application
• consults with the Team Lead Clinical Practice and the youth justice social worker – the team lead reviews the assessment undertaken by the case leader.

The youth justice social worker:

• completes the joint application and affidavit in consultation with an Oranga Tamariki solicitor and Corrections
• gets the youth justice supervisor and Oranga Tamariki legal services to review the application and affidavit
• consults with the care and protection social worker if the rangatahi has one
• obtains the approval signatures of the joint application from the general manager of Youth Justice Residences and the Corrections signatory
• gives the joint application and affidavit to legal services so they can:
  • submit it to the court registrar
  • make arrangements for the hearing
  • serve the joint application and affidavit on the Police and youth advocate
• keeps the rangatahi and their whānau or family informed of the process
• appears in the Youth Court with legal services.

Sources of information for the joint application and associated affidavit

The joint application and associated affidavit can be informed by various sources of information, such as:

• CYRAS court records (like the history of offending), SOSHI incident reports, secure care history (for example, reasons and retention duration), mental health records
• residence care plan for the rangatahi
• conversations with residence staff
• evidence from the residence that may include past behaviour (for example assaults against other rangatahi or staff) and new offending that has required Police taking action, for example further criminal charges being laid in the court.

Young Person’s Placement Assessment

If the joint application is initiated while the rangatahi is detained in a residence, Oranga Tamariki and Corrections can also undertake a joint assessment using the targeted Young Person’s Placement Assessment tool (YPPA) which will inform the joint application and affidavit.

As a privacy consideration, you must only collect the information needed to support the decision.

The youth justice social worker reviews the CYRAS record for the rangatahi and identifies if the rangatahi meets the criteria for detention in a youth unit of a prison. The primary question that needs to be answered is ‘Is it necessary for the rangatahi to be detained in a Corrections youth unit (rather than an Oranga Tamariki youth justice residence) to ensure the safety of any rangatahi who is in an Oranga Tamariki youth justice residence?’

This should be supported by the following considerations:

• Evidence of unmanageability – recent history of placement in a residence, for example, incidents, secure care history, including what attempts Oranga Tamariki has made to manage the rangatahi (what has worked and what hasn’t worked).
• Current incidents (such as physical assaults).
• Current alleged offending and historical offending.
• Are Oranga Tamariki’s legal controls sufficient to manage the behaviour of the rangatahi in a way that keeps other rangatahi safe?
• Are the current charges the rangatahi is facing likely to lead to the adult jurisdiction?

The youth justice social worker then:

• ensures the rangatahi and their whānau or family are informed of the intention to apply for the transfer and that they understand the reasons and the process
• consults with Corrections regarding making a joint application
• keeps the youth advocate and Police Youth Aid informed of the joint application.
• completes the joint application and affidavit in consultation with an Oranga Tamariki solicitor and Corrections
• gets the youth justice supervisor and Oranga Tamariki legal services to review the application and affidavit
• consults with the care and protection social worker if the rangatahi has one
• obtains the approval signatures of the joint application from the general manager of Youth Justice Residences and the Corrections signatory
• gives the joint application and affidavit to legal services so they can:
  • submit it to the court registrar
  • make arrangements for the hearing
  • serve the joint application and affidavit on the Police and youth advocate
• keeps the rangatahi and their whānau or family informed of the process
• appears in the Youth Court with legal services.

We must review all tamariki and rangatahi who are detained in an Oranga Tamariki residence or Corrections youth unit in a prison at least every 14 days.

Order under section 238 sufficient authority for detention of child or young person – section 242(1A) and (2B) of Oranga Tamariki Act 1989