Policy
Overseas care arrangements
Overseas care arrangements (outside Australia) for tamariki or rangatahi must promote and protect their rights, be in their best interests, be safe and appropriately supported, nurture and advance their oranga and allow them to access required services.Supporting practice
Our practice is delivered through our practice framework, our practice models Te Toka Tūmoana and Va'aifetū, our practice standards, and our tools and resources.
When this policy applies
This policy applies when a care arrangement overseas (outside of New Zealand, but not in Australia) is being considered:
- for tamariki or rangatahi who are in the care, custody or guardianship of the chief executive, or
- as part of a family group conference plan.
Only under exceptional circumstances will approval be given for tamariki or rangatahi to be placed in an overseas care arrangement.
There are separate policy requirements if the overseas care arrangement is planned for Australia.
Policy: Australian care arrangements
This policy does not apply to short-term overseas travel, such as holidays. In this circumstance, the travel policy applies.
Seek early advice from the International Child Protection Unit
If we are working with a tamaiti or rangatahi and their whānau or family and it is proposed that te tamaiti or rangatahi moves to live overseas with a new or current caregiver, the social worker should seek early advice from the International Child Protection Unit.
Email: ICPU@ot.govt.nz
When tamariki or rangatahi move to whānau or family overseas
Understanding the best interests of te tamaiti or rangatahi
All overseas care arrangements must be in the best interests of te tamaiti or rangatahi over the short, medium and long term. Before any overseas care arrangement is approved, we must build and deepen our understanding about the short, medium and long-term needs within the context of oranga when determining best interests. An assessment report will form the basis for any future planning about how overseas jurisdictions must respond to any identified needs.
All overseas care arrangements for te tamaiti or rangatahi must be with a whānau or family member. Tamariki or rangatahi have the right to maintain connections with their whānau or family while overseas. Where practicable, the care arrangement must also aim to reunite them with siblings already living overseas. This must be documented and explored as part of the family group conference and planning.
Planning to support the needs of te tamaiti or rangatahi
Other short, medium and long-term considerations before an overseas care arrangement can be approved include:
- relationships, sense of connectedness and belonging, and access to family, whānau, hapū, iwi, cultural and community supports
- ability to maintain sibling connections
- ongoing social and economic needs
- knowing the residency or citizenship status to access supports services
- understanding the implications of an overseas care arrangement
- assessed capacity of the caregiver to provide the necessary support.
Permanent residence or citizenship
Each immigration status provides different protections and rights for te tamaiti or rangatahi. A citizen of a country holds full economic and social rights of that country, whereas a permanent resident has the right to live, study and work in that country but has fewer rights and may have limited access to some government services and supports.
For overseas care arrangements not in Australia or the Pacific, te tamaiti or rangatahi must be able to get permanent residence or citizenship and have lifelong access to publicly funded services in the country of their care arrangement. We must seek information and advice on whether permanent residence or citizenship are options for te tamaiti or rangatahi.
If there is a pathway to permanent residence or citizenship, we must agree a plan to achieve this. The plan must include who will pay the associated costs and fees. The site will pay if the whānau or family will not or cannot pay. The site must also provide support through the permanent residence process, including supporting documentation as required.
Proposed care arrangements in the Pacific – Overseas care arrangements for Pacific children and young people in the Pacific islands also require that at least 1 parent (biological or adoptive) be a national or dual citizen of the country proposed for the overseas care arrangement. We must make sure that returning to live in the Pacific will not impact on their ability to return to New Zealand.
Specific Samoan Government requirements – If the proposed care arrangement is in Samoa, the Samoan Government requires that Samoan children and young people who hold New Zealand citizenship must have an exemption from the Consulate-General of Samoa in Auckland that allows them to live in Samoa indefinitely. The exemption application requires proof that 1 of their guardians is a Samoan national.
Maintaining whānau and cultural connections for tamariki and rangatahi Māori
Our evaluation of the suitability of an overseas care arrangement for tamariki or rangatahi Māori must include:
- how their relationship with, and place in, their whānau, hapū and iwi will be maintained and strengthened (including sibling connections)
- the effect an overseas care arrangement will have on their links to whakapapa and the whanaungatanga responsibilities of their whānau, hapū and iwi
- how the whānau, hapū and iwi connections of each tamaiti or rangatahi are recognised and supported.
Understanding the implications of decisions
We must talk with te tamaiti or rangatahi (as age allows) about who they want to live with before supporting the overseas care arrangement. There are implications linked to their immigration status – for example:
- how the proposed overseas country can respond to their needs, including emergency needs during a crisis (such as bush fire, cyclones or flooding)
- entitlements to ongoing tertiary education and employment engagement and support
- access to supports from the Permanent Caregiver Support Service (PCSS) up to 18 years of age
- access and entitlement to Transition to Adulthood supports from 18 years of age.
We must work extensively with the family, whānau, hapū, iwi or family group to find a home for te tamaiti or rangatahi within their family, whānau, hapū, iwi or family group that can meet their oranga needs. They must also understand their rights and the implications and complexities of decisions made about their tamaiti or rangatahi if they move overseas.
We must ensure that the written consent of parents and all other guardians is obtained before an overseas care arrangement. This includes consent from any guardians under the Oranga Tamariki Act 1989 or the Care of Children Act 2004. If guardians don’t agree about the overseas care arrangement, the Family Court makes the final decision.
We must also ensure that all relevant Oranga Tamariki kaimahi and the lawyer for child are involved in the decision-making. If te tamaiti or rangatahi has a disability, we must consult our regional disability advisors about how the disability needs of te tamaiti or rangatahi will be met overseas.
Assessed caregiver capacity to provide necessary supports
The overseas child protection authority undertakes the caregiver assessment and then we consider the recommendations.
Caregiver assessment
Before te tamaiti or rangatahi moves overseas, the child protection authority in the other country must assess and recommend the prospective caregivers and their household. We must be satisfied that the assessment:
- meets the requirements in our caregiver and adoptive applicant assessment and approval policy
- provides us with a deepened understanding of the prospective caregivers’ ability and willingness while overseas to:
- legally assume care or custody and/or guardianship of te tamaiti or rangatahi
- promote and support cultural identity and connections for te tamaiti or rangatahi
- foster and support whanaungatanga.
Policy: Caregiver and adoptive applicant assessment and approval
This assessment must be completed before the Oranga Tamariki chief executive can support the overseas care arrangement.
We must consult early with Caregiver Recruitment and Support if te tamaiti or rangatahi will remain in the care of the Oranga Tamariki chief executive.
Once the caregiver assessment is complete
We must consider the recommendations made by the International Child Protection Unit (ICPU) and overseas child protection agency about the ability of the prospective caregiver to meet the needs of te tamaiti or rangatahi. This is a critical decision point in our planning.
Financial costs can be covered or contributed to by the site.
Policy: Ensuring a safe, stable and loving home for tamariki and rangatahi in care or custody
Planning to support the needs of te tamaiti or rangatahi
Good transition planning must occur once a decision has been reached that it is in the best interests of te tamaiti or rangatahi to move to an overseas care arrangement with a whānau or family member.
Planning must identify how ongoing needs identified in the assessment report will be met while te tamaiti or rangatahi is overseas.
We must:
- hear the voice of te tamaiti or rangatahi
- understand their situation
- consider that they might be worried and anxious about moving overseas
- keep supporting them to explore their understanding of the implications of the move.
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.
Policy: Transition to adulthood – Preparation, assessment and planning
Family group conference plan
A hui ā-whānau or whānau hui before the conference must support whānau or family to work through the implications of their tamaiti or rangatahi living overseas.
The requirements of the policy that covers family group conferences for care and protection concerns apply. The conference can decide if an overseas care arrangement is in the best interests of te tamaiti or rangatahi. It may be necessary to adjourn the family group conference if the whānau or family needs further time to consider the options.
Policy: Family group conferences for care or protection concerns
Where an overseas care arrangement is agreed, the plan must also state:
- why it is in the best interests of te tamaiti or rangatahi to move overseas
- what supports the prospective overseas caregivers are entitled to (linked to their known citizenship, residency or another visa status)
- how connections to whānau or family and culture will be maintained overseas
- how pathways will be achieved to lifelong services and supports and pathways to citizenship, residency or another visa status
- the services and assistance that will be provided for te tamaiti or rangatahi and their whānau or family against the known pathways to citizenship, residency or another visa status
- the contingency plan – what will happen if the overseas care arrangement breaks down.
When te tamaiti or rangatahi is not in the chief executive’s care or custody and/or guardianship but the matter is considered in a family group conference, then it is recommended that the social worker and/or coordinator raises the issue of travel insurance with the family group conference.
Child and Family Support Service section 19 referrals
If the family group conference is being held because of a section 19 referral by a Child and Family Support Service, that service is responsible for determining if it is possible to take adequate steps to check that the prospective caregivers overseas can adequately meet the care and protection needs of te tamaiti or rangatahi.
Goal Plan
The requirements of the Goal Plan apply for tamariki and rangatahi still in the care of the Oranga Tamariki chief executive. The Goal Plan must outline the needs of te tamaiti or rangatahi and their overseas caregivers and the supports that will be available to address these needs. The Goal Plan in this situation must also outline information about:
- the long-term goals and outcomes and how any changing needs and circumstances will be responded to while te tamaiti or rangatahi is overseas
- how the agreed outcomes of a family group conference or court plan that are specifically relevant to the care of, and support for, te tamaiti or rangatahi in an overseas care arrangement will be achieved
- how we ensure that the overseas caregivers and others involved with tamariki and rangatahi have all the information they need to carry out their roles and responsibilities.
Policy: Goal Plan for te tamaiti or rangatahi
A Goal Plan can be developed to document the ongoing needs and supports of tamariki and rangatahi who are not in the care of the Oranga Tamariki chief executive, but it is not a requirement.
Approval delegations
| Level of care, custody or guardianship | Sign-out and approval |
| In care, custody or guardianship of Oranga Tamariki chief executive | DCE Tamariki and Whānau Services |
| Section 18A family group conference – not in care, custody or guardianship of Oranga Tamariki chief executive: standard case | Regional commissioner |
| Section 18A family group conference – not in care, custody or guardianship of Oranga Tamariki chief executive: complex case | DCE Tamariki and Whānau Services |
Financial costs associated with an overseas care arrangement sit with the site manager’s budget, with approval from the regional commissioner in alignment with existing delegations.
Preparing for the care and protection family group 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
International Social Service (ISS) case summary – template (DOC 29 KB)
Recording
All decisions leading to an overseas care arrangement must be recorded:
- The usual case recording requirements apply.
- In addition:
- the social worker and the care and protection coordinator must ensure that those involved in the decision-making are informed of issues relating to a proposed overseas care arrangement – these issues must be documented and shared with the guardians
- the advice provided by the expert immigration service or government must be recorded
- the pathway to permanent residence or citizenship must be documented in accordance with our normal recording policy.
Preparing for the move overseas
We must ensure that all the correct documentation travels with te tamaiti or rangatahi when they move overseas. This includes:
- passport
- birth certificate
- school reports
- medical reports
- court orders
- up-to-date Goal Plan
- letter from Oranga Tamariki
- international travel insurance documentation
- any other relevant information.
When tamariki or rangatahi move to whānau or family overseas
Resource: Documentation required for te tamaiti or rangatahi moving overseas (PDF 98 KB)
Supporting the transition to an overseas care arrangement
After a family group conference where agreement is reached that te tamaiti or rangatahi will move overseas and live with a whānau or family member, we must determine and be satisfied with the quality of care and support that will be made to the caregivers.
Before orders against the Oranga Tamariki chief executive are discharged, the support package must be agreed and, where applicable, actioned. This may include an individualised caregiver support plan.