Ensuring a safe, stable and loving home for tamariki and rangatahi in care or custody

Ngākau whakairo

How do I sustain the mana of whakapapa whānau, or families and their right to fulfil whanaungatanga responsibilities for tamariki, including those who cannot return to live with their parents or usual carers? 

Ngākau whakairo practice framework domain

Whai mātauranga

How do I build a deeper understanding of whānau or family knowledge and narratives? How do I integrate these with professional opinions and views so that permanent care decisions can be reached collaboratively?

Whai mātauranga practice framework domain

Whai oranga

How will I ensure Te Ao Māori wellbeing principles of mana, tapu, mauri, whakapapa and oranga help me understand, maintain and strengthen the oranga of te tamaiti or rangatahi and their whānau or family as I work with them? 

Whai oranga practice framework domain

Whai pūkenga

What skills and practices will I draw on to ensure important relationships for te tamaiti or rangatahi are maintained and strengthened, and actions are taken that will enhance the mana, whakapapa and genealogical connections of te tamaiti or rangatahi?

Whai pūkenga practice framework domain

Whai ākona

What experiences have I had professionally and personally that could influence my practice around permanent care? How can I use supervision to reflect on my personal beliefs about permanent non-whānau or non-family care and how these may impact my practice?

Whai ākona practice framework domain

In our mahi with te tamaiti and their family, whānau, hapū, iwi and family group, we must first strive to restore te tamaiti to the care of their parents or usual carers where it is safe to do so, is in their best interests, and meets their needs.

If te tamaiti is unable to have their long-term care needs met by their parents or usual carers, we must work proactively and closely in partnership with te tamaiti and their family, whānau, hapū, iwi and family group to establish safe, stable and loving permanent care for them.

Preference must be given to a home within the family, whānau, hapū, iwi or family group of te tamaiti that can meet their needs, including for a safe, stable and loving home.

Permanent care outside of the family, whānau, hapū, iwi or family group must only occur in exceptional circumstances, following extensive work in partnership with te tamaiti, family, whānau, hapū, iwi and the family group. This requires site manager approval.

Non-whānau permanent care

Practice for working effectively with Māori

Permanent care is achieved when tamariki are living in a safe, stable and loving home and:

• custody orders in favour of the Oranga Tamariki chief executive have been discharged, or
• it has been agreed that permanent care is in place and will be supported by te tamaiti remaining in the care or custody of the Oranga Tamariki chief executive. This decision must be made through a comprehensive whānau decision-making process such as a family group conference, hui ā-whānau, or family meeting.

When permanent care cannot be achieved for rangatahi aged 16 years or over, we must support them to achieve a safe and stable independent living arrangement.

Policy: Transition to adulthood – Preparation, assessment and planning

For all tamariki, this includes recognition of important relationships and connections, including those with siblings, and ensuring that these are supported and maintained. This also includes recognition of values, cultural beliefs and practices, and links to significant places such as marae.

To ensure connections are supported, maintained and strengthened, we must facilitate enduring relationships for te tamaiti with their family, whānau, hapū, iwi and family group. This will involve:

• identifying and connecting te tamaiti with family or whānau who will continue to support them to establish and maintain significant connections
• identifying what help and support the caregivers of te tamaiti need to understand the importance of keeping te tamaiti connected to people and places significant to them
• ensuring actions are taken that enhance the mana, whakapapa and genealogical connections of te tamaiti
• paying particular attention to how the proposed permanent care arrangements will support and strengthen relationships within sibling groups.

If legal orders are required to support permanent care, we must work closely with te tamaiti, their family, whānau, hapū, iwi and family group, and the proposed permanent caregiver to agree and document what arrangements will be in place to maintain and strengthen the relationship between te tamaiti and their family, whānau, hapū, iwi and family group, including arrangements for access/contact.

We must consider whether legal orders are required for access/contact to support enduring connections.

Use of legal orders to support a safe, stable and loving home for tamariki in permanent care

The All About Me plan must reflect the permanent care needs of te tamaiti and our planned response to these.

We must encourage and assist te tamaiti to actively participate in the development of their plan for permanent care by asking them about their views and wishes. We must take their views and wishes into account, alongside consideration of their oranga (wellbeing) and best interests. If we are not able to give effect to their views in our decision, we must explain the reasons why to tamariki in a way that they can understand and record these reasons. We must also consider in what other ways we might be able to respond to their expressed needs and wishes. This includes letting them participate in their own language, including sign language or through an interpreter if required.

Policy: Participation of tamariki – providing information, ensuring understanding and incorporating their views

Interpreters when English is not the first or preferred language

We must also consider the views of other people who are considered important to, or for, te tamaiti. This should include in particular those who are currently involved in caring for te tamaiti, even if it is not intended that they remain the permanent caregiver for te tamaiti.

Policy: All About Me plan

Policy: Participation of tamariki – providing information, ensuring understanding and incorporating their views

See and engage tamariki – guidance

Supporting whānau connections

See and engage whānau, wider family, caregivers and when appropriate victims of offending by tamariki – guidance

Timeframes for achieving permanent care

Timeframes must be set that are appropriate to the age and development of te tamaiti and achieve stability for them at the earliest opportunity. This must be balanced with the time needed to engage and work comprehensively in partnership with te tamaiti and their family, whānau, hapū, iwi and family group to determine the permanent care arrangement that addresses the needs of te tamaiti, including their need for enduring relationships and whakapapa connections.

Our planning must:

• include a goal for permanent care and what we will do if we are unable to achieve this
• detail what steps we are taking to achieve the permanent care goal
• detail the timeframe within which these steps (such as agreeing the goals, identifying the permanent caregiver, and seeking legal orders) will happen
• be regularly reviewed with all parties to reflect the changing needs and progress for te tamaiti
• identify the ongoing support needs of the caregiver so that they are able to be addressed in the permanent care support plan.

Support for permanent caregivers

Whakamana te tamaiti: Practice empowering tamariki Māori – guidance

SMART planning

1. Living with a parent or person who has previously cared for them

Te tamaiti is living permanently with a parent or person who previously cared for them (usual carer).

Custody orders in favour of the Oranga Tamariki chief executive are discharged.

The 'return home' permanent care outcome is only used when te tamaiti is being returned to the person who had the care of them before they were placed in the custody of the Oranga Tamariki chief executive. It cannot be used when te tamaiti is placed with a parent who has not previously cared for them. In this situation, a permanent care outcome of 'placement with whānau' is the correct way to record this in CYRAS.

When this permanent care outcome is chosen, we must check whether the subsequent children section 18B criteria of the Oranga Tamariki Act applies to a parent. If yes, a written assessment is required.

Policy: Assessment

Returning children and young people safely home

2. Living with whānau – living within the family, whānau, hapū, iwi or family group

Te tamaiti is living permanently with a family, whānau, hapū, iwi or family group caregiver, who is assessed and approved as a permanent caregiver able to meet their specific needs, or a parent who has not previously had the care of them.

Custody orders in favour of the Oranga Tamariki chief executive are discharged.

Legal orders to support permanent care have been secured if appropriate.

Whānau and Oranga Tamariki may together agree that legal orders to support permanent care are not required. This decision must be agreed by an appropriate, comprehensive whānau decision-making process, such as a family group conference, hui ā-whānau, or family meeting.

This decision and the decision-making process is reflected in our report to the court seeking the discharge of orders in favour of the Oranga Tamariki chief executive.

The caregiver will be recorded as having an approved 'home for life' status in CYRAS. This pathway does not lead to caregivers being legally defined as permanent caregivers as defined in the Oranga Tamariki Act 1989. However, they are defined as permanent caregivers in our policy and are eligible for a support package, including financial and other assistance from the Permanent Caregiver Support Service.

3. Living with non-whānau – not within the family, whānau, hapū, iwi or family group

Te tamaiti is living permanently with a non-whānau caregiver, who is assessed and approved as a permanent caregiver able to meet their specific needs.

Custody orders in favour of the Oranga Tamariki chief executive are discharged and legal orders to support permanent care have been secured.

The legal orders must address how the cultural needs of te tamaiti will be met by the permanent caregiver including their ongoing need for connection and whānau or family contact.

The caregiver will be recorded as having an approved 'home for life' status in CYRAS. This arrangement requires site manager approval, as set out below.

4. Achieving independence

If permanent care can't be found or isn't suitable, the rangatahi may be able to live independently if they're over 16 and have adequate practical life skills and a network of support around them.

Policy: Care arrangements – approved independent living arrangements

Before proposing non-whānau permanent care, we must be able to demonstrate that, alongside te tamaiti, their family, whānau, hapū, iwi and the family group, we have:

• worked extensively in partnership to find a home within the family, whānau, hapū, iwi or family group of te tamaiti that can meet their oranga (wellbeing) needs
• ensured te tamaiti and their family, whānau, hapū, iwi and family group have been part of the planning and decision-making
• used appropriate whānau decision-making processes such as a family group conference, hui ā-whānau, or family meeting
• considered the views of te tamaiti
• considered the views of the family, whānau, hapū, iwi and family group
• considered the ability of the proposed non-whānau caregiver to meet the specific needs of te tamaiti in consultation with their caregiver social worker
• worked in partnership to ensure arrangements are in place to support and strengthen connections between te tamaiti and their family, whānau, hapū, iwi and family group
• considered the views and support needs of the proposed non-whānau caregiver with a particular focus on the role that they will play in supporting the ongoing maintenance of these relationships
• for tamariki Māori, consulted and worked alongside a kairaranga ā-whānau, or if not available a senior Māori practitioner or a competent bicultural practitioner
  Kairaranga ā-whānau
• for tamariki Māori, consulted and worked alongside iwi, mana whenua, or Māori organisations as appropriate
• for children of Pacific descent, consulted with and worked alongside Pacific and other cultural advisors as appropriate.

We must describe how we've met the above requirements in the request for site manager approval of non-whānau permanent care.

When applying this policy to current situations which are at different stages of establishing safe, stable and loving permanent care for te tamaiti, we must consider the guidance alongside the relevant aspects of this policy.

Ensuring a safe, stable and loving home when tamariki are living with non-whānau caregivers

Ensure the non-whānau permanent caregiver has been assessed and approved as a permanent caregiver who is able to meet the specific needs of te tamaiti. This includes their ability to contribute to maintaining and strengthening whakapapa connections and whanaungatanga relationships of te tamaiti. This will be recorded as having an approved 'home for life' status in CYRAS, and where necessary may require further assessment work by the caregiver social worker to ensure the assessment and approval is specific to the needs of the tamaiti.

Process for approval of non-whānau permanent care

We must take the following steps when completing a request for site manager approval of non-whānau permanent care:

• Hold a family meeting, hui ā-whānau, or family group conference specifically to discuss the proposal for non-whānau permanent care. Clearly state that we are proposing non-whānau permanent care for te tamaiti. We must support te tamaiti and their family, whānau, hapū, iwi and family group to fully understand the effects of the proposal for non-whānau permanent care, and to have an opportunity to share their views, including whether or not they support the proposal.
• Engage fully with the proposed non-whānau caregiver – with the support of the caregiver's social worker. Wherever possible seek to involve the proposed non-whānau caregiver in hui ā-whānau and family group conferencing in order to support a positive and ongoing relationship between the caregiver and family or whānau members of significance.
• Ensure any support needs for the proposed non-whānau caregiver, with a specific focus on maintaining and strengthening whakapapa connections and whanaungatanga relationships, are addressed in the permanent care support plan.
  Support for permanent caregivers – development of the permanent care support plan
• Consult with your supervisor.
• Consult with the Caregiver Recruitment and Support manager of the region where the caregiver resides.
• Consult with your site solicitor.
• Complete a case consult.
• Record the views of te tamaiti and how the decision reflects these.
• Record the views of their family, whānau, hapū, iwi or family group and how the decision reflects these.
• Record a detailed rationale for the decision – this must include the rationale for a decision that does not align with the views of te tamaiti or their family, whānau, hapū, iwi or family group.

We must also seek and consider the views of:

• the practice leader, including whether the practice supporting the proposal for non-whānau permanent care aligns with the policy
• the regional litigation manager, including whether the proposal for non-whānau permanent care aligns with our legislative responsibilities.

Submit your request to the site manager using the application for approval of non-whānau permanent care template.

Application for approval of non-whānau permanent care – template (DOCX 37 KB)

Site manager approval process

In deciding whether to approve a proposal for non-whānau permanent care, the site manager must:

• consider views on the proposal from:
  • the practice leader, and
  • the regional litigation manager
• be satisfied that we have worked extensively in partnership with the family, whānau, hapū, iwi or family group of te tamaiti to find a home with them that can meet the oranga (wellbeing) needs of te tamaiti
• be satisfied that those iwi to whom te tamaiti has whakapapa connections have been appropriately engaged in the decision-making, understand the effects of the proposal and have had the opportunity to indicate whether or not they support it
• be satisfied with the rationale for the proposal for non-whānau permanent care, particularly how any views expressed by iwi that are not in support of the proposal have been addressed in the rationale
• be satisfied that sufficient work has been undertaken with the proposed non-whānau caregiver to ensure they are supported to play an active role in the maintenance of whakapapa connections and whanaungatanga relationships.

In order to determine this, the manager must take appropriate advice on these matters, which can be provided by, or facilitated through, kairaranga ā-whānau or mana whenua using existing relationships, partnering agreements and processes.

The site manager's decision to approve or decline the request, and any associated comments, must be recorded in CYRAS, and Caregiver Recruitment and Support must be advised of the decision to be recorded in CGIS on the caregiver record.

When te tamaiti is living in a proposed permanent care arrangement

When te tamaiti is living with a caregiver who has agreed to provide permanent care for them, this must be accurately recorded.

When the caregiver has agreed to provide permanent care for te tamaiti we must tick the 'home for life' placement box, on the details tab of the placement record, in CYRAS.

When a permanent care arrangement has been achieved

We must record when permanent care has been achieved in a casenote using the appropriate casenote header in CYRAS:

• Permanent Care – Living with family/whānau (with orders), or
• Permanent Care – Living with family/whānau (no orders), or
• Permanent Care – Living with non-family/whānau (with orders).

When te tamaiti is in a permanent care arrangement and the decision has been made that they will remain in the custody of the Oranga Tamariki chief executive, we must record this decision and the rationale for this in a casenote using the appropriate casenote header in CYRAS:

• Permanent Care – Living with family/whānau (CE custody), or
• Permanent Care – Living with non-family/whānau (CE custody).

Caregiver Recruitment and Support must be advised when permanent care has been achieved so that this outcome can be recorded in CGIS and the caregiver record can be closed in CGIS.