Young Serious Offender whānau or family meeting

When a Young Serious Offender whānau or family meeting should take place

A meeting is used:

• to help us develop an interim safety and support plan to reduce offending until the rangatahi appears in the Youth Court
• if a rangatahi with a Young Serious Offender declaration is alleged to have reoffended and the Youth Court chooses not to direct a family group conference
• whenever a Young Serious Offender declaration is in place and a whānau or family meeting would be of benefit to review or discuss the plan.

Where offending is denied, the meeting can develop an interim plan for the rangatahi to address custody and bail issues without assuming the rangatahi has committed the alleged offence.

As this is not a family group conference, the legal protections of a family group conference do not apply. Consider carefully what information is shared.

Responsibility for the Young Serious Offender whānau or family meeting

The youth justice social worker, youth justice coordinator and youth justice supervisor need to decide who is the most appropriate person to organise and facilitate the meeting. This could be a family group conference coordinator but may also be any person who has the appropriate skills and relationship with the whānau or family. Where a multi-agency disciplinary team is operating, this group could also be consulted on decision-making about who the best person to lead this meeting would be.

Once the roles and responsibilities for organising and facilitating the meeting are agreed, we include them in the Intensive Youth Justice Response case management plan. This includes who is responsible for liaising with Police and the legal representative or youth advocate if they have not been involved.

The youth justice coordinator is responsible for liaising with victims of crime where this relates to new offending.

Intensive Youth Justice Response

Purpose of the Young Serious Offender whānau or family meeting

A whānau or family meeting helps us develop an interim safety and support plan before the rangatahi appears in the Youth Court, or to review current plans that are in place. Where an interim safety and support plan is being considered, this must adhere to any bail conditions set. It also helps fulfil our obligations under section 4A(2):

• understand the wellbeing and best interests of the rangatahi
• consider the public interest, including public safety
• acknowledge the interests of any victim
• support the rangatahi to be accountable for their behaviour.

It also helps us to fulfil our other obligations set out section 4, including:

• to help whānau and family prevent reoffending
• to help whānau and family fulfil their responsibility to meet the needs of their rangatahi
• to recognise mana tamaiti, whakapapa and whanaungatanga
• to maintain and strengthen relationship between rangatahi and their whānau or family.

The meeting is designed to:

• promote the rights and voice of the rangatahi and whānau or family in the Youth Court
• enable timely and informed whānau or family participation in decision-making
• identify immediate supports and services to reduce the risk of reoffending
• address urgent safety concerns for the rangatahi, their whānau or family, victims, and the public.

This meeting also provides a space to:

• explore:
  • rangatahi and whānau or family views on accountability
  • ideas for making amends and restoring oranga
  • support needs for the rangatahi and their whānau or family
  • impact on victims and their views
  • any other contributions they want to present at a Youth Court hearing where relevant
• review any current plans in place and track progress.

When arranging the meeting, we:

• ensure all attendees clearly understand the purpose of this meeting
• provide whānau or family with assistance to attend and participate in the meeting
• support the rangatahi to seek advice from their legal advocate.

When used instead of a family group conference

We must consider holding a Young Serious Offender whānau or family meeting as the alternative where no family group conference has been directed to address further offending where a rangatahi has a Youth Serious Offender declaration in place.

This meeting is held before the Youth Court hearing as an alternative means of exploring:

• available responses to balance the oranga of the rangatahi
• public safety and interests
• the interests of victims
• the accountability of the rangatahi for their offending.

Where we don’t think this meeting is appropriate, we casenote our rationale and use an alternative means of exploring these issues.

We also need to ensure that the views of the victim are sought and reported back to the court in our section 334 report.

As this meeting is not governed by the family group conference legislation, all sharing and recording of information must be done with prior knowledge and consent.

Attendees at the Young Serious Offender whānau or family meeting

The meeting should be attended by: 

• the rangatahi
• their whānau or family, including significant members of their hapū, iwi or family group
• the youth justice coordinator
• the youth justice social worker – or the supervisor if the youth justice social worker is unable to attend
• the legal representative or youth advocate.

Other attendees could include:

• any support people identified by the whānau or family for support
• key community or agency support networks with the consent of the whānau or family
• any victims, where appropriate.

With the consent of the rangatahi, whānau or family, Police may attend the meeting. If Police are to attend, consideration should be given to ensuring that the youth advocate also attends.

Responsibilities of the youth justice social worker

The social worker builds and deepens their understanding of harm, safety and protection of the rangatahi and their offending behaviour using our practice framework, models, tools and resources.

Te Puna Oranga

Assessment report

Key areas of focus include:

• reviewing the existing plan: identifying what is currently working for the rangatahi and their whānau or family and determining what additional supports may be needed
• assessing complex needs and dynamic risk factors: exploring any changes in dynamic risk factors, triggers and indicators of psychological distress, substance use, suicidal ideation and overall oranga concerns that may influence the risk of reoffending
• partner agency consultation: engaging with partner agencies to understand the impact on victims and assess any increased risk to public safety.

Completing an assessment report

Before the meeting is held, we complete an assessment report to reflect the change in circumstances. Our assessment report needs to be balanced. It should look at:

• factors that support and mitigate the response required
• steps needed to respond to the behaviour, including any rebalancing of our section 4A(2) obligations.

Any new offending by a rangatahi with a Young Serious Offender declaration is very serious. We: 

• discuss the assessment report with the rangatahi and their whānau or family before the whānau or family meeting
• ensure the rangatahi and their whānau or family understand what information will be presented.

Policy: Assessment

Policy: Supporting the participation of tamariki and rangatahi

Assessment report

What a Young Serious Offender whānau or family meeting should consider

The meeting should consider:

• what supports may reduce future offending or breaches of conditions
• timeframes and consequences of further breaches or non-compliance
• the suitability of orders and conditions that may be applied as part of a Young Serious Offender declaration – we advise the court accordingly
• victims' views
• community safety.

The meeting should also note:

• the effectiveness of existing supports to meet the immediate oranga and safety needs of the rangatahi and their whānau or family
• what strategies, supports and services will be used to ensure the oranga and safety of the rangatahi and their whānau or family
• the concerns around the alleged offending behaviours, including underlying causes
• what strategies, services and supports will be used to prevent reoffending, and what has worked well in the past
• whether there are any other care or protection concerns
• key information in existing health and/or education assessments
• how the oranga and safety of victims and the community will be assured.

The meeting needs to:

• use cultural practices appropriate to the culture of the rangatahi and their family, whānau, hapū, iwi or family group
• ensure the whānau or family are at the centre of the decision-making process
• listen to the views of the rangatahi.

We inform all parties, including Police, about the outcome of the meeting before a court plan is developed to be presented to the Youth Court.

Supporting victims

We should use our professional judgement to decide whether this meeting is the best forum for victims. In most situations, it is likely that victims should not attend but it may be appropriate (for example, if they are also a family or whānau member). When making this decision, consult with your supervisor, practice leader or legal team if you are unsure.

Where offending is not admitted or proven, we should not invite victims. However, we can contact Police to understand their views on any conditions.

A decision to include victims should take into account:

• any orders aimed at reducing risk of reoffending by having a rangatahi provide their update on progress to victims at a review meeting
• considering the victims wishes.

Where appropriate, the facilitator ensures victims have their views:

• conveyed in a way that is meaningful to them
• considered during discussions.

The facilitator discusses with the victim if and how they want to be kept informed of how the court plan is progressing.

The youth justice social worker records the details of any agreement in the court report and plan or makes a casenote in CYRAS.

Keeping victims informed after the meeting helps restore the mana of all involved and helps achieve restorative justice. The youth justice coordinator or youth justice social worker ensures victims:

• receive updates if they have asked to be informed of progress
• are informed of the outcome of the court plan, whether the court plan has been completed or not and any actions taken to address this.

Planning

The court report and plan are based on the assessment report by the youth justice social worker that reflects:

• supports that will help reduce future offending or breaches of conditions
• timeframes and consequences of further breaches or non-compliance
• the suitability of orders and conditions that may be applied as part of a Young Serious Offender declaration and associated orders.

In addition, the court plan needs to:

• address the offences in a way that is proportionate to the offending and seeks to reduce the likelihood of reoffending
• hold the rangatahi accountable for their offending
• consider public safety
• address the oranga needs of the rangatahi
• address the oranga needs of the whānau or family that are impacting on the rangatahi
• give the rangatahi an opportunity to develop their strengths and realise their potential, and strengthen family, whānau, hapū and iwi to develop their own means of addressing offending behaviour
• be developed with all participants, giving weight to their identified solutions
• consider the interests of victims and be explained to the victim in a way they understand, with aspects that relate to them clearly identified
• detail decisions made, including actions to be completed, and state who will complete the actions and monitor the actions, what the timeframes are, when and how the plan will be reviewed, and what support the rangatahi and their whānau or family will be given to carry out the actions
• include specific timeframes to obtain the agreement of participants who were not present at the meeting.

The youth justice social worker is responsible for writing the court report and plan with the rangatahi and their whānau or family in a way that understandable to all participants.

Recording

The youth justice social worker records the outcome of the meeting in CYRAS Youth Court record.

The casenote records any strategies, supports or services that have been confirmed, and includes the details of the people who attended the meeting and their relationship to the rangatahi.