Listen to this policy:
Policy
Allegations of harm towards rangatahi aged 18 and above by transition caregivers
When there is an allegation of harm (abuse or neglect), we work closely with rangatahi aged 18 and over, transition caregivers and the Police to share information and provide support and advice to rangatahi and transition caregivers.Practice framework prompts for this policy
Our practice framework helps us make sense of and organise our practice so it is framed in te Tiriti o Waitangi (the Treaty of Waitangi), and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand.
Ngākau whakairo
How will I work with rangatahi to ensure their rights are upheld when they make an allegation of harm by their transition caregiver?
Ngākau whakairo practice framework domain
Whai mātauranga
What do the narratives of the rangatahiand the transition caregiver tell me about their past experiences of trauma and resilience?
Whai mātauranga practice framework domain
Whai oranga
How does the rangatahi describe their oranga? What dimensions of their oranga may the allegation of harm affect and how will I support them as they work to restore oranga?
Whai oranga practice framework domain
Whai pūkenga
What skills and behaviours do I need to use and develop to support me to work in a restorative way with the rangatahi and the transition caregiver?
Whai pūkenga practice framework domain
Whai ākona
How do my beliefs and views about harm within a family environment impact how I relate to the rangatahi and the caregiver and the advice and support that I provide?
When this policy applies
This policy applies when an allegation of harm of a rangatahi has been made against an Oranga Tamariki approved caregiver who is caring for a rangatahi aged from 18 to 21 years.
Policy: Transition to adulthood – Entitlement to remain ore return to live with a caregiver
As rangatahi in this group are aged 18 years and above, a report of concern cannot be created. This means it is the responsibility of the Police to investigate any alleged harm.
When this policy doesn't apply
This policy doesn't apply to:
- allegations of harm (including abuse and neglect) of tamariki and rangatahi under 18 years of age in the care or custody of the Oranga Tamariki chief executive (including Sole Guardianship orders) who also live with the transition caregiver
- rangatahi aged 18 and above who at the time of the allegation are living with a transition caregiver but not under a Living Arrangement Agreement.
Placing the rangatahi at the centre of any process where there is an allegation of harm
We must ensure that the rangatahi is at the centre of any decisions that affect them. This includes:
- ensuring that they can identify whom they want to provide support, including whānau or family and other significant adults in their lives
- explaining the implications of any decisions they make to proceed or not proceed with any complaints to the Police
- explaining the support that is available to them from transition workers and the Transition Support Service.
Phone: 0800 55 89 89
Advising the rangatahi of their options
The rangatahi must be assisted and supported through any allegation or Police investigation. This must include:
- talking with the rangatahi about their rights and wishes in deciding if and how they want to proceed with a complaint to the Police
- making sure that the rangatahi understands what options they have about where they can live and supports available to them.
In all circumstances, we must seek to understand the wellbeing needs of the rangatahi when an allegation of harm is made.
Where possible, the transition worker for the rangatahi should support them to make the complaint themselves. Where a transition worker is not allocated, the Transition Support Service can call the rangatahi and support them to make the complaint themselves or attain consent to make the complaint on behalf of the rangatahi.
Due to the seriousness of an allegation, there may be situations where Oranga Tamariki staff and Transition to Adulthood partner organisations will have an obligation to contact the Police, but this must first be discussed with the rangatahi.
A rangatahi does not have to make a complaint to the Police for a family harm investigation to be undertaken.
Details of this conversation with the rangatahi must be recorded on the CYRAS record and CGIS caregiver record.
The rangatahi must be supported through the Police investigation by their transition worker. If they do not have a transition worker, they can get support from a transition advisor in the Transition Support Service.
Phone: 0800 55 89 89
The transition advisor can also advise them that they can:
- be referred to a transition worker for support
- get support from VOYCE Whakarongo Mai.
Transition worker – referral form (DOCX 75 KB)
Get support | VOYCE Whakarongo Mai
The transition advisor can forward relevant information they receive to the Report of Concern helpline (0508 326 459) if tamariki also live in the household.
The Police may decide to investigate allegations
Any investigation related to an allegation that a rangatahi aged 18 or above is being, or is likely to be, harmed by their transition caregiver may be investigated by the Police.
Policy: Transition to adulthood – Entitlement to remain or return to live with a caregiver
Policy: Review of caregiver approval
Oranga Tamariki can remove financial support as stipulated in the Living Arrangement Agreement and any recognition payments provided to the transition caregiver.
Policy: Living with a caregiver – Living Arrangement Agreement
Policy: Caregiver recognition payments for additional time, effort or costs
Oranga Tamariki cannot require the rangatahi to move from living with the transition caregiver during a Police investigation if it is the wishes of the rangatahi and the transition caregiver to remain living in the same home.
If tamariki also live in the home, consideration must be given to their safety and wellbeing and a report of concern made, if appropriate. We use the intake decision response tool (DRT) to decide on the appropriate report of concern response pathway.
Overview of the intake decision response tool
Sharing information when the matter has been referred to the Police
We must share information with the Police if we have any concerns about the wellbeing of the rangatahi or other members of the household as a result of any allegation of harm by the caregiver.
The Police will decide if an investigation will occur and if charges will be laid.
Advising the transition caregiver
When an allegation is made against a transition caregiver, the Caregiver Recruitment and Support manager must advise the transition caregiver. If the matter has been referred to the Police, we must consult with the Police about when the transition caregiver can be told (so it doesn't interfere with any criminal investigation).
When this conversation occurs, the transition caregiver must be informed that their caregiver approval status will be reviewed.
Support for the transition caregiver
When they are advised of the allegation, the transition caregiver must be:
- provided with written information about the allegation support service offered by Caring Families Aotearoa
- provided with the Caring Families Aotearoa allegation support information sheet and 'supporting caregivers to provide safe and nurturing homes' brochure
- encouraged to contact Caring Families Aotearoa as soon as they learn of an allegation.
Email: criticalsupport@caringfamilies.org.nz
Phone: 0800 693 278
Caring Families Aotearoa also has a lawyer available to advise transition caregivers if this is required.
Support from the caregiver social worker
When a transition caregiver is the subject of an allegation of harm, they must be supported during the Police investigation by their caregiver social worker.
The caregiver social worker can offer support by:
- making sure the transition caregiver has the support they need or knows where they can get further support
- offering practical assistance, which may include identifying that the transition caregiver may need to seek independent legal advice
- being available to the transition caregiver to answer questions about our processes and what happens next.
Caregiver social workers must liaise with the Police to ensure that they do not do anything that may interfere with the police investigation.
Other forms of support
We must ask the transition caregiver if they want support from a person of the same culture – this must be facilitated if possible. An interpreter must be offered if requested by the transition caregiver.
Interpreters when English is not the first or preferred language
Other parties we must advise
We must advise the following staff and Transition to Adulthood partner organisations of the allegation as soon as it is received:
- General Manager, Transition Services
- regional Partnering for Outcomes manager (if the rangatahi has a transition worker)
- manager of the Care Partner organisation (if the rangatahi is living with a Care Partner)
- NGO Transition to Adulthood partner organisation (if the rangatahi has a transition worker)
- local site manager if the rangatahi is under other orders (for example, Sole/Extended Guardianship, Supervision Order).
Subject to the agreement by the rangatahi, we should also advise their whānau or family of the allegation of harm that has occurred. This may include supporting the rangatahi if they want to talk to their whānau or family about the allegation of harm.
Where the rangatahi should reside during a Police investigation
We must consider whether it is in the best interests of the rangatahi to remain living with the transition caregiver.
If we recommend that the rangatahi lives with a different transition caregiver
We must talk to the rangatahi about any concerns that we have about them living with the transition caregiver. This may include a recommendation that the rangatahi lives elsewhere. If the rangatahi then agrees or requests to move, we must endeavour to find them an alternative transition caregiver to live with for the duration of any Police investigation.
We may also need to revisit the need to find an alternative transition caregiver to live with following the outcomes of the Police investigation.
If we recommend it is in the best interests of the rangatahi to move and they choose to do so, we must:
- have the approval of a new Living Arrangement Agreement agreed by a Caregiver Recruitment and Support manager
- have the recommendation approved by a Transition Support Service service manager
- record the rationale for the recommendation in CYRAS
- communicate the recommendation and rationale with the transition caregiver and the rangatahi.
Policy: Accommodation responsibilities if living arrangement breaks down
If the rangatahi requests to move temporarily but could return to the transition caregiver after the Police investigation is complete
If the rangatahi requests to move temporarily we must:
- ensure we identify, in consultation with the rangatahi, a place where it is safe for the rangatahi to live
- seek the wishes of the rangatahi and transition caregiver in relation to how, if appropriate, contact would be maintained
- consult with the transition worker and communicate the decision to the transition worker for the rangatahi
- seek the agreement of a Transition Support Service service manager
- record in CYRAS and the CGIS caregiver record the rationale for the decision and the plan for keeping the rangatahi safe while in a different living arrangement
- discuss with the rangatahi their entitlement to return to live with the transition caregiver once any Police proceedings are complete and the caregiver approval review is complete
- have the approval of the Living Arrangement Agreement agreed by a Caregiver Recruitment and Support manager if the rangatahi returns.
Subject to the Police investigation outcomes, we must put a plan in place to ensure appropriate contact can still occur between the rangatahi, transition worker and transition caregiver to maintain the ongoing relationships. This must occur even if the move is short-term and be based on the wishes of the rangatahi.
The caregiver social worker is responsible for the Living Arrangement Agreement and supporting the transition caregiver. The rangatahi may return to the transition caregiver if the continuation of the living arrangement is mutually agreed.
If the living arrangement of the rangatahi needs to be made in an urgent situation, provisional caregiver approval may be granted to support the rangatahi staying with whānau, hapū, iwi or a family group.
If the rangatahi stays living with the transition caregiver
If it is agreed by both the transition caregiver and the rangatahi that they will stay living in the same household we must:
- inform the Caregiver Recruitment and Support manager and review the Living Arrangement Agreement
- have the recommendation approved by the Transition Support Service service manager
- record the findings in CYRAS and the CGIS caregiver record
- communicate the decision to the transition caregiver and the rangatahi – if it is agreed by the rangatahi, then their parents or guardians should also be advised.
If Police issues a Police Safety Order (PSO) or a Protection Order on the caregiver
If the Police issues a PSO that states that the transition caregiver cannot remain in their own property with the rangatahi, we must support the rangatahi to find alternative accommodation. This could be:
- an alternative Entitlement to Remain or Return Living Arrangement with a different approved caregiver
- funding emergency accommodation
- a temporary living arrangement with whānau, hapū, iwi or a community member.
We may also need to revisit the need to find an alternative transition caregiver for the rangatahi to live with following the completion of the PSO or Protection Order and following the outcomes of any Police investigation.
Financial assistance may be granted for the duration of the PSO (up to 10 days) or Protection Order from transition Advice and Assistance funding.
Policy: Advice and assistance – financial assistance
If the transition caregiver decides to end the Living Arrangement Agreement
We must ensure that the rangatahi understands that they are still entitled to the supports of the Transition Support Service, including the entitlement to return to living with a transition caregiver up to their 21st birthday.
Review of caregiver approval status
Following an allegation of harm towards a rangatahi by a transition caregiver and/or any Police investigation into the allegation, we must review the caregiver approval status. As Oranga Tamariki will not undertake a section 17 investigation, there will be no investigation outcome report.
The purpose of the caregiver approval review is to assess the transition caregiver's ongoing willingness and suitability for:
- rangatahi who wish to remain or return to live with the transition caregiver
- other tamariki to be cared for in the care or custody of the Oranga Tamariki chief executive.
The review of caregiver approval policy outlines the collecting, consulting, reporting and recording requirements when a review of caregiver approval status is underway.