Military-Style Academy orders

Military-Style Academy orders

A Military-Style Academy order (section 320S of the Oranga Tamariki Act 1989) requires a rangatahi with a Young Serious Offender declaration to undertake a military-style academy programme for a period between 3 and 12 months. The length of the order is determined at sentencing.

The rangatahi is in the custody of the Oranga Tamariki chief executive for the period of the order and will be cared for in a residence.

When the Military-Style Academy order ends, custody of the rangatahi returns to their parents or usual carers and they leave the residence.

Military-Style Academy programme

A military-style academy programme is a programme under which the rangatahi:

• is cared for in a section 364 residence
• undertakes military-style activities as well as daily activities to support their health, learning and wellbeing
• follows a structured programme of learning to further their educational, vocational and training needs
• receives support for their rehabilitation and their reintegration into the community.

Supervision orders

Section 320X requires a supervision order to be made under section 283(k)(iii) or (iv) in conjunction with a military-style academy order. The supervision order begins when the military-style academy order ends. It may include conditions.

The supervision order can be made at the same time as the military-style academy order or later but will be in place before the military-style academy order ends. Split sentencing may apply at the discretion of the court.

Youth justice – links

The supervision order is for a minimum period of 6 months. It must not last longer than the shorter of:

• 18 months, or
• the length of time that would result in the combined term of the military-style academy order and the supervision order being 24 months.

For example, if the military-style academy order is 12 months, the supervision order cannot be longer than 12 months. If the military-style academy order is 3 months, the supervision order can be up to 18 months.

Orders and monitoring for the Youth Court

Considering a Military-Style Academy order

We must hold a family group conference before the court can make a Young Serious Offender declaration in respect of the rangatahi.

The conference is informed by our assessment report.

The conference will:

• support rangatahi and whānau and family to understand what a Young Serious Offender declaration means and the orders, sanctions and support that are available, including the military-style academy order and the accompanying supervision order
• ensure the whānau and family understand that if a military-style academy order is made, we will also work to support and strengthen the whānau or family – their commitment to and participation in planning and working together are critical to a successful outcome for their rangatahi
• explore available resources to address the offending of the rangatahi with consideration of the need to balance the oranga of the rangatahi, public safety and interests, the interests of any victims, and the accountability of the rangatahi for their offending
• develop a plan.

The court will decide which orders it considers are appropriate.

Policy: Young Serious Offender declaration

Policy: Holding the youth justice family group conference

A military-style academy order is an intensive and restrictive order. Before making decisions, recommendations and plans, we carefully explore and consider:

• the physical, cognitive and emotional capacity of the rangatahi to complete the programme
• mental health issues or neurodiversity that may impact completion
• any alcohol and/or drug issues that may adversely affect progress
• the motivation of the rangatahi to complete the programme
• the motivation of the whānau, family or usual carers to commit to, participate in and complete elements of the programme that will support the rangatahi to be successful
• who will care for the rangatahi after they complete the programme – while custody returns to the parents, usual carers or guardians after the order, the whānau or family may believe another whānau or family member is better placed to provide care
• the therapeutic interventions available in their community to support them alongside their whānau or family when they return to the community.

If the Military-Style Academy order is being considered:

• contact yso@ot.govt.nz to discuss options
• discuss the option with your supervisor and practice leader
• work with the Young Serious Offender practice leader and Legal Services if you have questions about the proposed sentencing options.

Policy: Holding the youth justice family group conference

Completing the social work report and plan for a Military-Style Academy order

At the Youth Court, the judge considers any decisions, recommendations and plans made at the family group conference before taking any action regarding the offences.

If a military-style academy order is being considered, the judge will request a section 334 report by a social worker to provide additional information accompanied by a section 335 plan.

Our section 334 report will be informed by our assessment report and the decisions, recommendations and plans of the family group conference.

It will articulate our understanding and analysis of:

• the nature and circumstances of the offence proved and the involvement of the rangatahi in the offence
• the personal history, social circumstances and personal characteristics of the rangatahi as relevant to their offending and any order the court may make, including our view on whether we believe the rangatahi is a good candidate for a  military-style academy order
• the attitude of the rangatahi to the offence and any steps taken or proposed by the rangatahi or their whānau or family to make reparation or apologise to the victim of the offending
• the response of the whānau or family to the rangatahi and their offending
• the causes underlying the offending by the rangatahi, including whānau or family needs, and the measures available to address those causes and the response of the whānau or family to these
• the likely impact on the rangatahi and their whānau or family of proposed orders and conditions
• whether the whānau or family are committed to participating in and supporting the military-style academy programme, noting the aims, benefits and limitations
• the effect of the specified offences on any victim of the offence, and their views about appropriate recommendations, and the need for reparation to be made to that victim
• any additional information directed by the court.

Policy: Young Serious Offender declaration

We should recommend split sentencing in our section 334 report. This enables us to prepare a section 335 plan for the implementation of the supervision order informed by the response of the rangatahi to the military-style academy programme and their progress. We request a further court hearing 4 weeks before the end of the military-style academy order (if a further court date has not already been set) to make the supervision order and consider the section 335 plan.

Orders and monitoring for the Youth Court

The section 335 plan will detail how we will implement the military-style academy order and the supervision order (if being made at this time), including:

• the care arrangements for the rangatahi for the time they are in the custody, including the residence where the rangatahi will be cared for, and how they will be managed
• arrangements for the rangatahi while under the supervision of the chief executive, including their care and how they will be managed (if being made at this time)
• how the assessed needs that underpin offending behaviour will be addressed, including details about activities to support oranga (health, learning, and wellbeing)
• the nature of any programmes that would be provided to the rangatahi during that period, including details about any parts of the programme that will take place outside the residence
• details of vocational and training plans and how these will support a non-offending pathway
• details about rehabilitation activities such as alcohol or drug treatments, and re-integration plans (if known)
• how we will work the whānau or family to address their needs and support a non-offending future for their rangatahi.

Kaimahi involve the provider of supervision or anyone who has been involved in supporting a supervision order when they prepare the section 334 social work report and section 335 plan.

The youth justice social worker is responsible for case work and ensuring the section 335 plan is implemented and progressed. They work closely with the rangatahi, their whānau or family, residential kaimahi and others involved with providing support and with a role to play in meeting the needs of the rangatahi and their whānau or family.

If the court opts for split sentencing, a further section 334 report may be required, and a section 335 plan will be required to advise what supervision order and conditions are recommended and how we will implement the supervision order (see below).

Policy: Youth Court

Planning for the Youth Court

Transition to the residence

After the military-style order is made, the rangatahi will be transitioned to Te Au rere a te Tonga in Te Papaioea and be admitted.

The whānau or family should be supported and encouraged to participate in the transition to the residence process, including the pōwhiri or welcome.

Policy: Working with tamariki and rangatahi in residences

Policy: Transitions within care

Their military-style academy programme begins with a settling period where:

• routines will be established
• the Goal Plan will be developed and/or updated to detail
  • the responsibilities and personal objectives for te tamaiti or rangatahi while they are in the residence
  • support and assistance that will be provided to te tamaiti or rangatahi to meet their assessed needs, including services, or programmes relating to education, health, employment and recreation, culture, belonging and identity
  • contact arrangements for te tamaiti or rangatahi with siblings, family, whānau, hapū, iwi and significant others
  • how often they will be visited by their social worker
• referrals for additional assessments will be completed
• uniforms will be issued.

The Military-Style Academy structured-group programme

A group of around 6 to 10 rangatahi will start the structured-group programme together, providing an opportunity for mutual experience and support.

This provides rangatahi with opportunities to plan for and build new non-offending and more pro-social life pathways with a focus on responsibility, empathy and maturity.

The structured-group programme is designed by a clinical psychologist. It has a dual emphasis on education and vocational skill training, supported by recreational and military-style activities. Therapeutic support and intensive case management are integral to the programme.

While in the residence, regular Multi-Agency Team (MAT) hui will be held each fortnight to bring together key people to consider the progress of each rangatahi and their transition needs.

Whānau or family work during the Military-Style Academy order

At the first MAT hui, a whānau navigator may (with the consent of the whānau or family) be allocated for them, to support whakapapa connections and practical day-to-day needs.

Ongoing work with the whānau or family of the rangatahi while they are under the military style academy order is critical for a successful outcome. They play a vital role in influencing and offsetting reoffending risks. We work to build a network of support around the whānau or family that will endure.

We continue to build and deepen our understanding of whānau or family needs and capacity, including:

• their hopes and aspirations for their rangatahi
• whānau or family needs and possible adverse impacts from the offending
• wider family or hapū connections and support people
• practical needs such as housing stability, financial hardship – they may need financial help to travel to the academy
• any obstacles for whānau or family to support non-offending pathways for rangatahi.

While others may also be supporting the whānau or family, the allocated youth justice social worker is responsible for assessing and reporting on progress for rangatahi and their whānau or family.

Policy: Care arrangements

Policy: Working with tamariki and rangatahi in residences

Cancelling, varying or suspending Military-Style Academy orders

On application, the court can cancel, vary or temporarily suspend a military-style academy order.

Section 320ZB enables the Oranga Tamariki chief executive to apply to cancel or vary a military-style academy order or plan if the rangatahi absconds or fails to comply without reasonable excuse.

Section 320ZC enables an application to cancel or vary a military-style academy order or plan to be made by the Oranga Tamariki chief executive or another party on the following compassionate grounds:

• the offender has given birth, or is expected to soon give birth
• the offender is seriously ill and unlikely to recover
• any parent or guardian of the rangatahi is seriously ill and unlikely to recover.

Section 320ZD enables the court, on application or on its own motion, to make an interim suspension of a military-style academy order while it is considering an application to cancel or vary a military-style academy order.

If the court cancels a military-style academy order, the section 320X supervision order made in conjunction with the military-style academy order will also be cancelled. Custody of the rangatahi returns to their parent or usual carer.

The court may substitute another order that it could have made at the time of the military-style academy order.

If there is an application to cancel or vary the Military-Style Academy order, or an intention to make an application, kaimahi must work with Legal Services. The paperwork has to be reviewed and authorised by the solicitor in whose name it is being filed.

If there is an application to cancel or vary the military-style academy order, or an intention to apply, we hold a case consult with the Young Serious Offender practice leader and Legal Services to:

• build understanding of the grounds to cancel or vary the military-style academy order
• determine if legal action is to be taken or plan a response to legal action
• consider any variation, substitution or discharge of the order that may be required.

Updating the court on progress and plans – section 334 report and section 335 plan

Four weeks before the military-style academy order ends, or at the date previously determined by the court, the social worker must file a section 335 plan with the court for the implementation of the supervision order. The social worker should also file a section 334 report (recommended) that supports the recommendations of the section 335 plan.

Our section 334 report will be informed by our assessment report and the views of the MAT that has been monitoring the progress of the rangatahi.

It will articulate our understanding and analysis of and recommendations on:

• the progress of the rangatahi while in the military-style academy
• the support required by the rangatahi and their whānau or family for the reintegration of the rangatahi into the community
• the supervision order (including the length) recommended and our rationale for that
• any recommended additional conditions or other restrictions needed (section 305, section 306, section 320X(3)) and the rationale for those conditions
• the views of the provider of supervision or anyone who will be involved in supporting a supervision order 
  where the rangatahi will reside
• plans for ongoing education or vocational training and how these will support a non-offending pathway.

The section 335 plan will detail how we will implement the supervision order, including:

• arrangements for the rangatahi while under the supervision of the chief executive, including their care and how they will be managed
• how the assessed needs that underpin offending behaviour will be addressed, including details about activities to support oranga (health, learning, and wellbeing)
• the nature of any programmes that will be provided to the rangatahi
• details of vocational training plans
• details about rehabilitation activities such as alcohol or drug treatments
• how we will work the whānau or family to address their needs and support a non-offending future for their rangatahi.

Policy: Assessment

Transition out of Military-Style Academy

When the military-style academy order ends, custody of the rangatahi returns to their parents or usual carers.

The rangatahi leaves the residence and the supervision order with any attached conditions comes into effect.

A MAT whānau or family hui will be held when the rangatahi transitions into the residence that agrees the transition goal that they will work to throughout the military-style academy programme, including who it is intended the rangatahi will be cared for by once they leave the residence.

A transition plan is jointly developed by the MAT and is informed by the progress reviews at the regular MAT meetings and our assessment report.

The transition phase is a time of heightened risk for rangatahi. The social worker needs to offer as much structure as possible, where routines are in place and ongoing close support is on offer. The aim is to mitigate offending risks or risk-taking behaviours.

Policy: Working with tamariki and rangatahi in residences

Policy: Youth Court

Working in the Youth Court

Community support

The military-style academy clinical team will continue to work with sites and community/step-up homes to provide support to rangatahi once they return to living in the community.

This includes:

• regular check-ins with rangatahi to support their plans and progress towards their goals
• providing life skills sessions to homes based on individual rangatahi assessed needs
• offering support or advice to other key kaimahi or stakeholders as needed or requested
• contributing to monitoring of plans.

A staffed step-up home will be available to support transition from the residence to the community.

If the rangatahi is to reside in the step-up home, we should seek a section 140/140(1)(d) extended care agreement for custody to be retained by the chief executive. Liaise with the Young Serious Offender practice leader for the options.

A family group conference under section 145(2) of the Act will be needed to consider an extended care agreement and transition plan with the rangatahi and their whānau or family. The conference will need to be held around 6 weeks before the rangatahi leaves the residence to ensure the care agreement is in place before the court date.

Care agreements

Policy: Working with tamariki and rangatahi in supervised group homes

Progress reports for orders following a Military-Style Academy

A section 319A progress report will be required by the court when a supervision order is made to follow a Military-Style Academy order. When the section 319A progress report is filed, the social worker will also need to file a revised section 335 plan (unless there is good justification as to why a revised plan is not required).

Working in the Youth Court

Expiry of orders

When a rangatahi turns 19 years old, the Young Serious Offender declaration and the military-style academy order and accompanying supervision order expire.

An effectiveness report will be filed with the Youth Court.

Policy: Youth Court

Orders and monitoring for the Youth Court

Working in the Youth Court