Family group conferences for care or protection concerns

Ngākau whakairo

How do I ensure te tamaiti or rangatahi and their whānau or family can fully participate in their family group conference?  How do I uphold the right of mana tamaiti throughout the family group conference?

Ngākau whakairo practice framework domain

Whai mātauranga

Who in the family, whānau, hapū, iwi or community holds the knowledge that will help me identify and engage with the right people to be part of the family group conference?

Whai mātauranga practice framework domain

Whai oranga

How will I ensure that the oranga of the whānau or family is in focus throughout the family group conference process, from referral to review?

Whai oranga practice framework domain

Whai pūkenga

What relational skills and actions will I use with te tamaiti or rangatahi and their whānau or family to build trust and confidence to support the family group conference process? 

Whai pūkenga practice framework domain

Whai ākona

How am I using supervision to reflect on and challenge the ways in which my attitudes, beliefs and values impact on the way I carry out my role in family group conferences? 

Whai ākona practice framework domain

A referral for a family group conference may be made:

• by a social worker or a police constable (section 18(1))
• by a court or another body or organisation concerned with the wellbeing of a tamaiti or rangatahi (section 19(1)(a) or (b)).

Section 19 referrals to a care and protection coordinator

Before making the referral, the social worker must:

• share with the whānau or family the grounds for the referral to a family group conference, ensuring they understand why the belief has been formed that te tamaiti or rangatahi is in need of care and/or protection (what our concerns are)
• advise the whānau or family that legislation guides the family group conference process (as opposed to hui ā-whānau or family meetings, which may have been held before the referral)
• encourage and support the whānau or family to seek legal advice at the earliest opportunity to ensure they are fully informed about the implications of the family group conference, including the care and/or protection grounds that will be discussed at the family group conference.

This may be done through a family meeting or hui ā-whānau.

Working with te tamaiti or rangatahi and their family, whānau, hapū, iwi and family group

When working with tamariki or rangatahi and their family, whānau, hapū, iwi and family group, the coordinator must:

• identify the family group and culture that te tamaiti or rangatahi and their whānau or family identify with and the language they are most comfortable using, and engage with them appropriately
• encourage, support and provide any assistance required for te tamaiti or rangatahi to fully participate in the process
• encourage and assist, as required, whānau or family to identify significant people who they could invite to attend and participate in their family group conference, including:
  • whānau or family or family group members (maternal and paternal)
  • hapū and iwi members, and
  • where appropriate, local community leaders, such as church leaders
• ask the whānau or family what they may need to assist them through the process and support them to access this assistance.

We must consider accessing the support of a kairaranga ā-whānau (where available), a senior Māori practitioner or a Pacific or other cultural advisor appropriate to the background of te tamaiti or rangatahi to identify and engage with the family, whānau, hapū and iwi and other significant people. We must inform the whānau or family of the option of working with a care and protection coordinator from an approved service, such as an iwi social service, a cultural social service or a child and family support service, rather than Oranga Tamariki, if a coordinator is available and this is their preference.

Throughout our engagement with te tamaiti or rangatahi and their whānau or family, we must:

• give whānau or family the space to develop their own ideas and solutions
• work with whānau or family to consider their proposed plans and pathways
• not have a predetermined or non-negotiable view of what the family group conference outcome will be or what the plan must look like
• ensure that our information is current and be open to challenge beliefs or assumptions that may not be correct.

Working with Māori: Te Toka Tūmoana

Working with Pacific peoples: Va'aifetū

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

Practice standard: See and engage whānau, wider family, caregivers and when appropriate victims of offending by tamariki

Family group conferencing practice standard 3: Meaningfully engaged whānau or family

Responsibilities of the social worker

The social worker is responsible for sharing the assessment and ensuring te tamaiti or rangatahi and their whānau or family understand why the belief has been formed that te tamaiti or rangatahi is in need of care or protection and why a referral for a family group conference has been made. We must ensure te tamaiti or rangatahi and their whānau or family understand our concerns and we understand theirs so that there are no surprises at the family group conference.

Hui ā-whānau/family meeting

To promote the rights of te tamaiti or rangatahi and their whānau or family, and their participation in decision-making, we must engage with them in a hui ā-whānau or family meeting before the family group conference. It is important for whānau or family to have these processes to:

• inform them about the family group conference process
• make sure that they understand that the referral for the family group conference was made because the belief was formed that te tamaiti or rangatahi was in need of care or protection and the specific grounds for this belief
• share information and explore solutions in preparation for making a plan at the conference. This must include making sure that they are aware that the conference can agree to make a plan to address any care, protection or oranga (wellbeing) concerns for te tamaiti or rangatahi.

At both a hui ā-whānau and a family meeting we must ensure:

• we observe tikanga or cultural protocols observed by the whānau or family
• whānau or family have the right information to help them consider possible solutions for keeping te tamaiti or rangatahi safe and meeting their needs
• te tamaiti or rangatahi is encouraged and supported to participate and freely express their views
• whānau or family are aware that the information they hear at the hui ā-whānau or family meeting is personal to the whānau or family and must be treated with sensitivity
• whānau or family are given the opportunity to discuss the wellbeing, needs and safety concerns for te tamaiti or rangatahi within their whānau or family
• whānau or family are empowered to identify their own solutions, mobilise their own resources and supports, including hapū, iwi and family group, and develop a whānau or family response to the wellbeing, needs and safety concerns for te tamaiti or rangatahi in preparation for the family group conference.

The whānau or family must be provided with a written record of the specific reasons for referring to a family group conference and of any other information that we shared at the hui ā-whānau or family meeting.

If during the convening process the social worker becomes aware of other concerns that they want to include in the family group conference

The social worker must discuss these with:

• the care and protection coordinator (ensuring there's time for the concerns to be discussed with the whānau or family before the conference)
• te tamaiti or rangatahi and their whānau or family (and provide them in writing) so there are no surprises at their conference.

If this doesn't happen, the conference must be held to consider the initial concerns and then adjourned to a later date, to give time for the new concerns to be shared with whānau or family and for them to identify their own possible solutions before returning to the conference.

Hui ā-whānau

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

Family group conferencing practice standard 2: The voice of te tamaiti or rangatahi

Family group conferencing practice standard 3: Meaningfully engaged whānau or family

Before the family group conference

The social worker must:

• seek financial approval if whānau or family have proposed interventions where there are costs involved
• consider making a referral for a gateway assessment.

Gateway assessments

Withdrawing a family group conference referral

Any possible solutions or plans identified at a hui ā-whānau or family meeting held as part of preparing for the family group conference can contribute to the development of a family group conference plan but cannot result in the withdrawal of a referral. In circumstances where significant changes have occurred and, after further assessment, the social worker no longer believes that te tamaiti or rangatahi is in need of care and/or protection, they must:

• discuss this with te tamaiti or rangatahi, their whānau or family, the care and protection coordinator, the supervisor and practice leader
• withdraw the referral and casenote the rationale.

Responsibilities of the care and protection coordinator

The care and protection coordinator must:

• before convening, ensure the care and protection resource panel has been consulted
• ensure the conference is held as soon as practicable, balancing the need for whānau or family involvement and sense of time for te tamaiti or rangatahi – if there is a delay, the coordinator must discuss this with the supervisor and social worker to ensure there is a monitored safety plan to address the safety needs of te tamaiti or rangatahi, and the delay, and the reason for it, should be recorded in CYRAS
• explain the conference process in a way that te tamaiti or rangatahi and their whānau or family understands, and that is appropriate to their language and culture
• explain to te tamaiti or rangatahi and their whānau or family the family group conference process – this must include making sure that they are aware that decisions and plans to address any care, protection or oranga (wellbeing) concerns for te tamaiti or rangatahi can be made, even if the conference does not consider te tamaiti or rangatahi to be in need of care and protection
• consult with te tamaiti or rangatahi and their whānau or family about how they would like their conference to be convened, any tikanga or cultural protocols they would like observed and how we can support this
• encourage and assist whānau to identify and invite members of their hapū and iwi, even when there is resistance, highlighting the benefits of whanaungatanga
• consider whether it would be beneficial to have hapū or iwi members attend only to give relevant information or advice to the conference – having regard to mana tamaiti, whakapapa and whanaungatanga, the coordinator may consider this appropriate even where whānau decline to invite those members themselves
• consult with the whānau or family or family group to establish an appropriate venue, time and date, to understand how best to present everyone's views, and to seek agreement to invite a non-entitled person, for example a hapū or iwi representative (this is not required if the hapū or iwi member attends as an information giver)
• consider how te tamaiti or rangatahi can be supported to safely participate and express their views during the conference
• ensure all relevant information or advice (including information on health and education) is available to the conference, including by inviting anyone else to attend to give information or advice
• obtain the views of any entitled members who are unable or unwilling to attend or excluded from attending and let the conference know of those views.

Family group conferencing practice standard 3: Meaningfully engaged whānau or family

Preparing for the care and protection family group conference

Care and protection resource panel

The care and protection coordinator and the social worker must:

• support, encourage and provide opportunities for te tamaiti or rangatahi to safely participate in their family group conference and freely express their views about decisions affecting them during it (this can include use of an interpreter, if required) – if they are unable or unwilling, we must provide the opportunity for their views to be presented in a different way or by their representative
  Interpreters when English is not the first or preferred language
• ensure the views and wishes of te tamaiti or rangatahi are considered alongside consideration of their welfare and best interests when decisions and plans are being made
• listen and consider what te tamaiti or rangatahi and their whānau or family are proposing to ensure their tamaiti is safe in relation to the concerns identified
• support and empower whānau or family to use their connections and relationships when identifying solutions.

After considering the care or protection concerns, the care and protection coordinator must invite the conference to make a plan. The conference may agree to make a plan to address care, protection or oranga (wellbeing) concerns for te tamaiti or rangatahi.

The care and protection coordinator must record that the care or protection concerns have been considered.

Evidence that the care or protection concerns that led to the referral for the family group conference have been considered at the conference is required to ensure the ability for the social worker to file an application to court for care and protection orders remains.

When solutions to meet the needs of te tamaiti or rangatahi cannot be adequately identified or agreed on, resulting in the conference being unable to reach agreement on a plan or parts of a plan, an adjournment must be considered.

Adjourning provides time for issues to be considered and potential solutions to be identified that can be presented to the reconvened conference.

If following an adjournment, adequate solutions are still not identified or agreed on, the care and protection coordinator must consult with the care and protection resource panel, and either make a report to the referrer if the referral was made under section 18(1) or report the matter back to the court.

When adjourning a conference, the whānau or family must be given a copy of the plan outlining:

• what was agreed to, including who will carry out the agreed actions and by when
• what the conference was unable to agree on (not including the difference in opinions or names)
• the date and time the conference agreed to adjourn to.

If it is agreed at the family group conference that te tamaiti or rangatahi will not remain in, or return to, the care of their parent, guardian or previous caregiver (and it has not previously been discussed at their hui ā-whānau or family meeting), then the whānau or family must be given time to consider:

• who can provide a safe, stable and loving home for te tamaiti or rangatahi within their family, whānau, hapū, iwi or family group
• what supports te tamaiti or rangatahi and the people providing them with a new home might need
• how connections to family, whānau, hapū, iwi and marae will be maintained and how we can support them.

If necessary, the family group conference must be adjourned to enable enough time for whānau or family to consider this.

The plan must state:

• the grounds that formed the belief that te tamaiti or rangatahi was in need of care and/or protection
• the specific objectives sought for te tamaiti or rangatahi
• the tasks, responsibilities (people or organisations) and timeframes agreed to achieve those objectives
• the services and assistance that will be provided for te tamaiti or rangatahi and their whānau or family
• the contingency plan – what will happen if the plan starts going off track
• the review date.

The plan must also state the responsibilities and personal objectives of:

• te tamaiti or rangatahi
• the parent, guardian or caregiver of te tamaiti or rangatahi
• any parent, guardian or other person who previously had care of te tamaiti or rangatahi and wishes to have te tamaiti returned to their care
• all people with a role in the plan.

If the family group conference agrees the goal is for te tamaiti or rangatahi to return to the parent, guardian or other person who previously had care of them, the plan must describe in detail:

• the circumstances under which this can occur, including steps that the person must take, and
• the changes that must be evidenced through taking those steps before te tamaiti can return to their care.

It must also include the timeframes for:

• the required changes and steps, and
• a decision about whether te tamaiti or rangatahi will be able to return to that person’s care.

When a plan is being developed for rangatahi 15 years or over, the plan must consider how we are going to support their transition to adulthood. A section 140(1)(d) extended care agreement may be agreed at a family group conference to support the transition plan.

The social worker must inform the conference if they:

• are concerned that any of the care or protection concerns presented to the conference have not been addressed in the plan and what these concerns are
• intend taking steps outside the conference to address any of those care or protection concerns, and, if so, what their intended actions are.

If there are care or protection concerns that have not been addressed in the plan, the social worker must consider:

• with te tamaiti or rangatahi and their whānau or family, alternative ways of working with te tamaiti or rangatahi and their whānau or family to address the concerns
• proposing to the conference that they consider an earlier review date for the plan.

The care and protection coordinator must ensure te tamaiti or rangatahi and their whānau or family leave the conference with a clear understanding of what was agreed and what they can expect to happen after the conference.

Policy: Transition to adulthood – Preparation, assessment and planning

After the care and protection family group conference

Family group conferencing practice standard 9: Active plans

Every family group conference plan must be reviewed by family group conference unless:

• the care and protection coordinator, after consulting with the social worker, determines no further action under the plan is required, or
• court orders under sections 86, 91, 101, 110 and 113A have been made after the conference was held but before the review date.

If the social worker and care and protection coordinator determine a review is not required, the rationale for the decision must be recorded.

If a review is held, the social worker must:

• update their assessment
• meet with te tamaiti or rangatahi, their whānau or family and others involved with the plan to discuss progress
• give the care and protection coordinator a written report on progress towards achieving the identified goals (the report must identify any additional steps needed to achieve the agreed goals, what support we can provide and what is required for us to no longer be involved) – when the care and protection coordinator reviews the progress report, they must look for opportunities to celebrate success and build on it
• inform the conference whether they have any care or protection concerns.

If the social worker has care or protection concerns, the care and protection coordinator must ensure the conference considers the concerns, and the social worker must discuss their next steps and alternative ways of working to address them.

Family group conferencing practice standard 10: Active implementation and review

Section 128 court plans must be reviewed at a family group conference when we are supporting our rangatahi to successfully transition to adulthood.

Policy: Transition to adulthood – Preparation, assessment and planning