Supporting the participation of tamariki and rangatahi

The person responsible must ensure te tamaiti or rangatahi is:

• encouraged to participate in the action or decision, and
• given reasonable opportunities to freely express their views, and
• provided with the support necessary to overcome difficulties in expressing their views or being understood.

The person responsible will depend on who is taking the action or making the decision. This could be a social worker, family group conference coordinator or another delegate of the chief executive – for example:

• in court proceedings, it is the judge or other person presiding over the court and the barrister or solicitor representing te tamaiti or rangatahi
• in family group conference proceedings, it is the person convening the conference
• in the preparation and review of a plan for te tamaiti or rangatahi, it is the person directed by the court to prepare or review the plan
• in any other action or decision that significantly affects te tamaiti or rangatahi, it is the person taking the action or making the decision.

We must provide information to te tamaiti or rangatahi:

• as soon as practicable
• in a way that upholds their mana
• in a way that they can understand, appropriate to their age, stage of development, culture and any disability they may have
• using their own language, including sign language or an interpreter if required
• making use of communication tools where appropriate.

Interpreters when English is not the first or preferred language

Practice when working with disabled people

We must support tamariki and rangatahi who require assistance to express their views or to be understood.

Support can come from:

• whānau or family
• a person with cultural competence, including a community leader
• a lawyer for child or youth advocate
• VOYCE Whakarongo Mai – available to tamariki and rangatahi in care or custody
• a specialist service provider, including disability service providers, or any other service under the Oranga Tamariki Act 1989
• transition worker – for rangatahi transitioning out of care or custody
• any other appropriate person.

Te tamaiti or rangatahi is entitled to have a support person present at a meeting or proceeding to provide support, including a family group conference. The person responsible for the process may exclude the support person from participating if they consider their presence to be impractical or inappropriate. A decision to exclude a support person for te tamaiti or rangatahi must be balanced against their right to support and advocacy. The rationale for exclusion must be recorded.

If te tamaiti or rangatahi is unable or unwilling to present their views in person at a family group conference or court hearing, their views may be presented by a representative that they choose.

Their views could also be presented in another way if te tamaiti or rangatahi prefers, such as:

• a written statement
• pictures or videos.

In the Family Court, te tamaiti or rangatahi may be represented by their own barrister or solicitor, or lay advocate appointed by the court.

In the Youth Court, te tamaiti or rangatahi may be represented by their own barrister or solicitor, or a youth or lay advocate appointed by the court.

This must include Māori, iwi, or kaupapa Māori services, Pasifika services and other advocacy options relevant to the identity and oranga needs of te tamaiti or rangatahi.

Independent services may include:

• VOYCE Whakarongo Mai (advocacy for children with care experience)
• disability advocates
• rainbow youth organisations (such as InsideOUT)
• the Mana Mokopuna Child Rights Advice Line
• lawyer for child and lay advocates appointed by the Family Court
• youth advocates and lay advocates appointed by the Youth Court
• youth advocates appointed by the chief executive where tamariki have been charged with an offence punishable by 10 or more years imprisonment.

VOYCE Whakarongo Mai

InsideOUT

Help and advice | Mana Mokopuna

We must ensure te tamaiti or rangatahi is aware of, and knows how to make use of:

• the Oranga Tamariki Feedback and Complaints mechanism
• the grievance process within residences – Whāia Te Māramatanga.

We must specifically provide te tamaiti or rangatahi with information about:

• what is feedback and what is a complaint
• where they can go, both within and outside of Oranga Tamariki to provide feedback or make a complaint
• who can give them support with this process
• what they can expect to happen when they provide feedback or make a complaint, including the possible outcomes and the timeframe for a response
• what will be recorded
• how they will be kept informed about the outcome of their feedback or complaint
• the processes and mechanisms available to them if they are not satisfied with the response by Oranga Tamariki to their complaint.

If te tamaiti or rangatahi makes a complaint, we must ensure that the outcome of the complaint assessment process and the actions taken because of that assessment are explained to them.

Compliments, feedback and complaints

Policy: Working with tamariki and rangatahi in residences – if te tamaiti or rangatahi wants to make a complaint

This information must be provided on an ongoing basis as needed, as part of a continuous process of deepening our understanding of their changing needs. At a minimum, this must include information and an explanation about:

• the reasons why they are in care or custody, including the purpose and timeframe of any residential placement
• what they can expect, including:
  • their rights as set out in the Oranga Tamariki Act, the Statement of Rights and the Residential Care Regulations – a copy of this document must be given to them and explained
  • the timing of when we gather and analyse information to understand their needs and create an All About Me plan to address their needs
  • how often they will be visited – as specified in their All About Me plan
  • who they can contact if they have concerns
  • their entitlements, including clothing allowance and a safe place to store their personal belongings
• how their family, whānau, hapū and iwi will be involved in decisions being made about them, and the reasons for their level of involvement
• their All About Me plan, and any associated plans such as a safety plan
• how they can participate in decisions to be made and processes to be undertaken in relation to their care or custody, and how their views will be used to inform decisions made about them
• the independent services that are available and how they can access them
• their rights to confidentiality and privacy, including:
  • information about the purposes for which information about them will be collected
  • how and when information about them may be recorded, used, collected and disclosed
• their record of important life events and how they can access this
• information about their post-care entitlements if they are transitioning to independence.

Statement of rights – National Care Standards | legislation.govt.nz

Child-friendly statement of rights | orangatamariki.govt.nz

Explaining rights and entitlements to tamariki and rangatahi

Allowances to support tamariki and rangatahi in care or custody and their caregivers

Policy: All About Me plan

Transition to adulthood

Maintaining a record of important life events

Advising te tamaiti or rangatahi of the outcome of an investigation or child and family assessment

Where appropriate, te tamaiti or rangatahi must be advised of the outcome of an investigation or child and family assessment verbally. Details of this conversation must be recorded on their CYRAS record.

Te tamaiti or rangatahi must be told:

• by the investigating social workers with support from the social worker for te tamaiti or rangatahi (where relevant)
• in an age-appropriate manner
• what actions were taken to investigate or assess the allegation
• the findings of the investigation or assessment.

Statement of rights – National Care Standards | legislation.govt.nz

Child-friendly statement of rights | orangatamariki.govt.nz

Explaining rights and entitlements to tamariki and rangatahi

Allowances to support tamariki and rangatahi in care or custody and their caregivers

Transition to adulthood

Maintaining a record of important life events

Policy: Sharing information

Policy: All About Me plan

Ngākau whakairo

What will I do to ensure te tamaiti or rangatahi is given information that they need and are entitled to know in a manner that supports their understanding?

Ngākau whakairo practice framework domain

Whai mātauranga

What knowledge and whose views will help me understand and respond to the unique cultural context of te tamaiti or rangatahi?

Whai mātauranga practice framework domain

Whai oranga

How does te tamaiti or rangatahi participating in, and freely expressing their views about, actions or decisions that affect them contribute to their oranga? How will I help te tamaiti or rangatahi overcome difficulties expressing their views or being heard?

Whai oranga practice framework domain

Whai pūkenga

How might I adjust my communication and engagement approach in response to the unique strengths, needs, identity and circumstances of each tamaiti or rangatahi so they are able to participate in the decisions being made?

Whai pūkenga practice framework domain

Whai ākona

Have I been in a situation where decisions have been made about me when I wasn't involved? How did I feel about being excluded? How does this change my practice about involving tamariki and rangatahi in all decisions that affect them?

Whai ākona practice framework domain