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S140 Extended Care Agreements in youth justice

On 14 July 2017, the provisions relating to s140 extended care agreements were amended. It is now possible for a youth justice coordinator to sign the s145 certificate in some circumstances. This practice guidance reflects the updated legislation.

A youth justice family group conference can agree that a child or young person should be placed in the care of the chief executive or with a s396 provider, by way of a s140 extended care agreement. This includes the ability to make an extended care agreement under s140(1)(d) which are “for the purpose of assisting the young person aged 15 years or more to achieve independence”. The “Achieving Independence” provisions apply equally to any young person under a youth justice intervention, for whom a s140(1)(d) is agreed.

Ways that a child or young person can enter into care

There are two ways that a child or young person can enter into care under a s140 extended care agreement:

If s261 is activated* and the family group conference agrees that the child or young person is in need of care or protection on a ground specified in s14. It is then open to the family group conference to agree that a s140 is an appropriate care option to help address the child or young person’s care or protection matters.

The youth justice coordinator can issue a certificate as required by s145.

This is also a pathway for young persons who need care prior to transitioning to independence.

*Please note:

S261 only applies if:

Prior to the holding of the family group conference, somebody has provided robust information to the youth justice coordinator about care and protection matters under s14(1)
At the family group conference, the youth justice coordinator has taken steps to ensure that the information and advice about any care and protection matters is presented to the family group conference
The youth justice family group conference has considered the care and/or protection matters and it agrees that the child or young person is in need of care or protection as defined in one or more of the grounds in section 14 (1)

S261 does not apply if:

The youth justice coordinator did not receive information and advice about care and protection matters under s14(1) during the convening of the family group conference or;
The family group conference did not reach agreement as to one or more s14 grounds

In cases where no information on care and protection concerns are received by the youth justice coordinator or agreement is not reached that the child or young person is in need of care or protection on a ground specified in s14, the youth justice family group conference can still agree that an extended care agreement under s140 is appropriate as part of the outcome of the youth justice family group conference.

However a care and protection family group conference will have to be convened and held by a care and protection coordinator and the entitled persons will be those listed in s22. This will exclude Police and victims unless they fit within one of the listed groups in s22. The pathway for convening the 2^nd family group conference is s145.

Appropriateness for a s140

If the appropriateness for a s140 becomes apparent during convening and there are no evident care and protection concerns to be considered, then the youth justice coordinator must arrange with a care and protection coordinator to convene a care and protection family group conference under s145 for the purpose of considering and agreeing the making of the care agreement. The care and protection family group conference would probably best be done “back to back’ after the youth justice family group conference although it could be done during an adjournment of the youth justice family group conference if required (however in both cases the police and any victims would have to leave as they are not entitled persons in a care and protection family group conference). The youth justice coordinator or social worker (if present) could act as an information giver on details of the S140 agreement as recommended by the youth justice family group conference.

A care and protection family group conference convened for the purpose of considering whether a s140 should be entered into does not need to first agree that the young person is in need of care or protection. The family group conference need only consider whether a s140 should be made- i.e. is it an appropriate care option for the young person?

Deciding to enter into a s140 for a young person who has offended via a care and protection family group conference held under s145 does not mean the young person will necessarily be managed in the care and protection space.

If an anticipated recommendation for a s140 is not agreed to at the youth justice family group conference, the care and protection coordinator could still hold the care and protection family group conference to consider the making of a s140 agreement, noting that agreement is reached that a s140 is not required. Alternatively the care and protection coordinator could withdraw the referral.

If the family group conferences are unable to be held “back to back” and a S140 care agreement is recommended, the youth justice family group conference can agree to a s139 Temporary Care Agreement as a means of dealing with care arrangements pending the care and protection family group conference. A s139 agreement can last for 28 days and may be extended for a further 28 days if necessary. This will provide immediate care for the child or young person and should provide sufficient time for a care and protection family group conference to be convened and held to consider the s140.

A coordinator who is appointed as both a youth justice coordinator and care and protection coordinator can convene and hold the s145 family group conference as well as the youth justice family group conference; however it is important that each family group conference is convened and held separately according to the Act.

CYRAS recording

CYRAS Recording for a care and protection family group conference held under s145 for a young person currently in a youth justice intervention.

There is no need or requirement for a new care and protection intake, investigation or intervention phase to be opened in this situation
The youth justice Intake that relates to the current youth justice family group conference record and the current youth justice intervention phase is to be used - see below
A casenote from the youth justice coordinator requesting a care and protection coordinator to convene a family group conference under s145 be held to consider the making of a s140 for a child or young person who has offending and for whom a care status is needed, is sufficient as a referral
There is no requirement for the family group conference to first agree that a child or young person is in need of care and/or protection before it agrees that the child or young person may be placed via a 140, 141 or 142 agreement.
As care and protection concerns are not required for a s140, they should not be recorded or referred to in the family group conference plan
Once the family group conference has been completed, the record is closed – no further action , no review required

Go to the open youth justice intervention for the young person
Click on family group conference record and select “New care and protection family group conference Record”
Set Referral status to “Accepted”
Go to Associated Intakes and add the youth justice intake that relates to the current youth justice family group conference record as the intake
Go to Type and select “Other Referral”
Create the narrative screen on the referral tab and write something like the following: “family group conference convened under s145 to approve the making of an s140 extended care agreement for XXXX for his continued care while under Youth Justice”
Click “Save” and continue convening as normal

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