Guidance
Supporting rangatahi in police custody under section 238(1)(e) before Youth Court hearing
A social worker is allocated to each rangatahi in police custody to undertake the requirements of the Youth Court review process under section 241(2) and to ensure we are monitoring the safety and wellbeing of rangatahi while in police custody.Reviewing rangatahi in police custody
A Youth Court may order a rangatahi (aged 14 to 18) to be detained in police custody pending their hearing if the court is satisfied that the:
- rangatahi is likely to abscond or be violent, and
- the chief executive of Oranga Tamariki does not have suitable facilities available to detain the rangatahi in safe custody (in practice, this will usually mean a place in a youth justice residence is not immediately available or other circumstances, such as the risk of violence posed by the rangatahi require the rangatahi to be placed or remain in police custody).
Under section 241(2), the Youth Court must review this order at least once every 24 hours unless clearly impracticable. Rangatahi will be recalled to court so the judge can review the order.
Review of orders made under section 238 — section 241 of the Oranga Tamariki Act 1989
A social worker is allocated to each rangatahi. The social worker:
- prioritises their engagements with Police, whānau or family and the youth advocate for the rangatahi
- engages with Police to understand:
- the impact on victims
- whether there is an increased risk to public safety and the extent to which this increased risk can be addressed while the rangatahi remains in the community
- continues to look for suitable alternatives to the continued detention of the rangatahi in police custody, such as a placement with their whānau or family, in the community, in an Oranga Tamariki residence or in a youth unit in a prison
- undertakes an assessment of the safety and wellbeing of the rangatahi by applying an SKS screen and wellbeing check, and checks the rangatahi has access to basic amenities
- considers the impact of rangatahi offending on victims and the community
- liaises with Police about any health and wellbeing needs (including mental health) while the rangatahi is in police custody
- liaises with the youth justice coordinator who will convene the family group conference for the rangatahi during the remand period
- liaises with the care or protection social worker if the rangatahi has one.
When the review happens
A review of an order detaining a rangatahi in police custody under section 238(1)(e) must be undertaken by the Youth Court at least once every 24 hours unless clearly impracticable.
The social worker will visit and check on the rangatahi at least once every 24 hours regardless of whether the order is able to be reviewed by the Youth Court.
Oranga Tamariki works with the Youth Court and Police during this time.
Who does it
The allocated social worker consults with the rangatahi, their whānau or family, the youth advocate and Police regarding alternative custody options. The social worker also checks the safety and wellbeing of the rangatahi.
The youth justice supervisor oversees the social worker and offers support with the processes to ensure compliance.
The youth justice coordinator works with the social worker, whānau or family and Police by prioritising the convening of the family group conference to seek an alternative custody option.
How to do it
1 Look for an alternative custody arrangement for the rangatahi
The social worker should:
- contact the National Office residential admissions officer to determine whether there is a vacancy in a youth justice residence
- engage and seek views and options from the rangatahi and their whānau or family regarding alternative placement (for example, bail) – consider whether Oranga Tamariki can support the placement such as helping to find and assess alternative whānau or family placement options or assisting with Supported Bail
- identify care options with approved caregivers for rangatahi who are also subject to a care order from the Family Court
- keep the whānau or family, youth advocate and Police informed regarding progress with remand discussions and planning, and alternative placement options, including where a youth justice residence placement has become available
- keep in mind holding the rangatahi accountable for their offending, the views and rights of the victims, and the safety of the community when deciding about a care arrangement.
2 Monitor the wellbeing of the rangatahi
The social worker should make arrangements with Police so they can visit and support the rangatahi each day.
This involves:
- monitoring their wellbeing
- undertaking the following assessments:
- Suicide, psychological distress and substance abuse (SKS)
- Substance Abuse and Choices Scale (SACS)
- Suicide screening/assessment tools
- recording the assessments on CYRAS to ensure that accurate and full records are maintained
- updating Tuituia with significant cultural and whānau connections
- for rangatahi Māori, referring to our Māori cultural framework and Te Toka Tūmoana for principles with which to work effectively with whānau and the practice standard for engaging whānau, hapū and iwi.
SACs, Kessler and Suicide screens (SKS)
Practice standard: Keep accurate records
3 Keep in contact with whānau or family, caregivers and other people important to rangatahi
Keep in contact with whānau or family members, caregivers and other people who are significant to the rangatahi (including if the rangatahi has a transition worker) and advocate for their contact with the rangatahi while in Police custody where appropriate.
4 Keep in contact with the youth advocate and Police
Keep the youth advocate and Police informed about progress with remand discussions and planning. Alert Police and the youth advocate to any emerging wellbeing needs for the rangatahi and advocate for them to have these met, such as contact with whānau or family and medical care.
5 Keep the youth justice coordinator informed
The social worker must keep the youth justice coordinator who is convening the family group conference informed about:
- progress of the remand status of the rangatahi
- possible alternative placement options.
6 Update the Youth Court each day
The social worker or supervisor must ensure the Youth Court is updated each day regarding the wellbeing of the rangatahi and plans to have the remand status from police detention changed to custody to the Oranga Tamariki chief executive or appropriate bail options.