Return home

This policy applies when tamariki or rangatahi have been in the care or custody of the Oranga Tamariki chief executive for longer than 56 days and are:

• returning to the care of their parents or other member of their family, whānau, hapū, iwi or family group who was caring for them before they came into care or custody, or
• leaving care to live with a parent who was not their carer when they came into care or custody.

The policy applies whether or not custody orders remain in place after they leave care.

When a tamaiti or rangatahi returns to the care of their parent or usual carer unexpectedly, we must apply the policy as soon as practicable.

When te tamaiti or rangatahi is moving between regions, we must also apply the 'Casework responsibilities when our work involves more than 1 site' policy.

Policy: Casework responsibilities when our work involves more than 1 site

This policy does not apply to a permanent care arrangement:

• with whānau caregivers who are not the parent or usual carer for te tamaiti or rangatahi
• with non-whānau caregivers
• when the rangatahi is leaving care to live independently.

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

Policy: Transition to adulthood — Preparation, assessment and planning

Return home is the permanent care goal

Our permanent care goal to return te tamaiti or rangatahi home and the steps to achieve this are detailed in their court plan and Goal Plan and the caregiver support plan.

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

Planning together for a safe and sustainable return home

As we implement the plan for te tamaiti or rangatahi, we build and deepen our understanding of harm, safety and protection and together with te tamaiti or rangatahi, their parents, guardians, whānau and family agree when the time is right to progress the return home.

We use the child/young person and family consult to support our decision-making when return home is being considered.

Policy: Assessment

Child/young person and family consult

Articulate understanding in an assessment report

We must complete a written assessment to set out our social work reasoning on why we think it is time to transition te tamaiti or rangatahi to the care of their parent or usual carer.

Our report will articulate the understanding we have built about harm, safety and protection of te tamaiti or rangatahi and must provide a well-reasoned pathway for what should happen next to progress the return home.

The report must include discussion and analysis of:

• the circumstances and harm that led to te tamaiti or rangatahi coming into care – it will discuss each of the concerns highlighted in the original application for custody, and how these have been addressed or are no longer relevant
• the needs of te tamaiti or rangatahi and how these will be met
• how the oranga of te tamaiti or rangatahi will be affected by the return home, and any needs that may arise from this change
• the ability and capacity of the parent or usual carer to meet the needs of te tamaiti or rangatahi when they come home (parenting assessment)
• factors that support a return home
• factors that may compromise the oranga or safety of te tamaiti or rangatahi if they return home and how these will be addressed
• how disability needs or high and complex needs of te tamaiti or rangatahi or their parent or usual carer may need to be considered
• the potential impact of te tamaiti or rangatahi returning home on:
  • their siblings, whether at home or not
  • other tamariki or rangatahi in the household
• the supports and resources needed for the return home to be safe, stable and sustainable.

Assessment report

Assessment of needs relating to any disability

We must share our intention to progress the return home with relevant kaimahi, including:

• the site manager and practice leader
• the social workers working with siblings of te tamaiti or rangatahi or working with other tamariki and rangatahi in the home of the parent or usual carer.

Return home meeting

Hold a family meeting, hui ā-whānau or family group conference to share the assessment report and begin a plan for the transition home.

At least 2 weeks prior, we must hold a family meeting, hui ā-whānau or family group conference to share our understanding and analysis with te tamaiti or rangatahi, their parent or usual carer, significant members of their family, whānau, hapū, iwi or family group, and key professionals or service providers, including lawyer for child and caregivers or care providers as appropriate.

We use the child/young person and family consult as the framework for this meeting.

Practice tool: Child/young person and family consult

The purpose of the return home meeting is to:

• share relevant information from the assessment report
• ensure everyone understands that transition to the care of their parent or usual carer is proposed
• explore what is needed for a safe, stable and sustainable return home
• provide information about our role in supporting the return home and other supports that may be available
• explore the options for legal orders that will best support the return home and explain the implications of the subsequent change in legal status
• begin to develop a plan that addresses the oranga, needs and safety of te tamaiti or rangatahi and their whānau or family.

The meeting must include te tamaiti or rangatahi unless they are unable or unwilling to participate. Whether they attend or not, we support them to ensure their views are shared and considered at the meeting.

Policy: Supporting the participation of tamariki and rangatahi

Consider which type of meeting is preferred by the whānau or family and will best achieve our goals. A family group conference agreement to a return home will carry more weight when presented to the court and may be the most appropriate.

We must record the key discussion points and decisions from the return home meeting and update the Goal Plan (see below).

Policy: Case recording

Planning

The return home must be well planned, well supported, and responsive to the needs of te tamaiti or rangatahi, their parent or usual carer, and their whānau or family. 

Transition planning will describe how we achieve the next steps articulated in the assessment report, including transition arrangements and timeframes, visiting frequency, contingency planning, and reviews.

Transition planning for a return to the care of parent or usual carer will pay particular attention to:

• how the assessed needs of te tamaiti or rangatahi, their parent or usual carer, whānau or family will be met during and after the transition home 
• how safety will be built and sustained over time, and addressed if concerns arise 
• the supports, services and resources that will be provided (including the role of other professionals and community partners) to ensure the return home is safe, stable and sustainable
• when the custody order held by the Oranga Tamariki chief executive will be discharged and what, if any, other orders will be applied for.

Policy: Transitions within care

The Goal Plan and the caregiver support plan must be updated and kept current as the transition home progresses. 

Policy: Goal Plan for te tamaiti or rangatahi

Policy: Caregiver support

If required, we can also create a separate transition plan, linked to the Goal Plan, to share with participants who have specific roles and responsibilities in the plan.

Organising my practice

Legal orders

Return home as a permanent care outcome is not achieved until orders in favour of the chief executive are discharged.

Seek Legal Services advice on preparing and applying for the discharge of custody orders and application for alternative orders.

Custody order in favour of the Oranga Tamariki chief executive

The legislation (section 105(c)) allows for tamariki and rangatahi to live only temporarily with their parent, guardian or usual carer while in the custody of the chief executive.

We must actively work to discharge the custody order held by the chief executive before or shortly after te tamaiti or rangatahi returns home.

While te tamaiti or rangatahi remains in the custody of the Oranga Tamariki chief executive, we are responsible for meeting the requirements of the National Care Standards as far as practicable.

Alternative legal orders

We must consider whether the safety, stability or sustainability of the return home could be enhanced by alternative orders.

Applying for orders such as a section 91 support order or a section 86 services order provides an additional pathway for supporting te tamaiti or rangatahi, their parent or usual carer, and their whānau or family.

If a support or services order is applied for, it must include details of what services, supports or resources will be provided to te tamaiti or rangatahi, or their parent or usual carer, and who is responsible for providing these. 

Types of court orders

Support and monitoring

After the return home, we maintain regular contact with te tamaiti or rangatahi and their whānau or family.

We must visit with te tamaiti or rangatahi and their whānau or family a minimum of once per week for the first four weeks and thereafter at the frequency agreed based on their assessed needs and set out in the transition plan.

The frequency of visits must not be reduced until the post-return home review meeting has been held.

Determining the frequency of visits to tamariki and rangatahi in care

Visiting frequency will also be recorded in the Goal Plan for tamariki and rangatahi who remain in the custody of the Oranga Tamariki following their return home.

Visits must include consideration of:

• the oranga and safety of te tamaiti or rangatahi
• the transition plan and whether the planned supports and resources are in place and are meeting the needs of te tamaiti or rangatahi, the parent or usual carer, and the family or whānau
• emerging needs or concerns and any additional supports or services that may be needed to maintain and strengthen oranga for te tamaiti or rangatahi and/or within the whānau or family.

Each visit with te tamaiti or rangatahi must involve efforts to engage with them on their own so they are able to speak freely about any worries they may have.

Policy: Visiting and engaging with tamariki and rangatahi in care

Practice standard: See and engage tamariki

Review

Within four calendar weeks of te tamaiti or rangatahi returning home, the social worker for te tamaiti or rangatahi must hold a review meeting and include the participants of the return home meeting.

The purpose of this meeting is to review and update the transition plan to respond to changing circumstances and needs. The frequency of visits will also be reviewed.

If there are court orders in place, we must review these as required.
Policy: Family Court

Regular whānau or family meetings must be held as needed to review and update the transition plan and respond to changing circumstances and needs until we end our involvement.

As we visit with te tamaiti or rangatahi and their whānau or family and implement the transition plan, we build and deepen our understanding of the safety, stability and sustainability of the return home. Together with te tamaiti or rangatahi, their parents, guardians, whānau and family, we agree when and how our involvement will end.

Policy: Assessment

Ending our involvement

We must complete an assessment report to set out our social work reasoning on why we think it is time to end our work with te tamaiti or rangatahi and their whānau or family.

Our report will articulate the understanding we have built about the safety, stability and sustainability of care for te tamaiti or rangatahi at home and provide a well-reasoned pathway for ending our involvement.

Consideration will need to be given to the discharge or expiration of any orders that remain in place. Legal Services can provide advice on how we do this.

If the report is to inform our application for the discharge of a custody order, it must include discussion and analysis of the circumstances and harm that led to te tamaiti or rangatahi coming into care, the concerns highlighted in the original application for custody, and how these have been addressed or are no longer relevant.

Assessment report

We must keep full records of our work with te tamaiti or rangatahi and their whānau and family after the return home, including all actions and decisions.

Policy: Case recording

Ngākau whakairo

How will I support the right of te tamaiti or rangatahi to return home to the care of their parents or those members of their family, whānau, hapū, iwi or family group who are their usual carers at the earliest opportunity?

Whai mātauranga

How do I draw on the shared understanding built over time with te tamaiti or rangatahi and their family or whānau, hapū, iwi or family group and others, including professionals, to plan for, and achieve, a safe and sustainable return home?

Whai oranga

How will I facilitate and support the oranga of te tamaiti and rangatahi and their family or whānau during the return home?

Whai pūkenga

What skills and approaches will I draw on to make sure the parents or usual carers, family, whānau, hapū, iwi or family group are able to share concerns or uncertainties as we work together to make the return home safe, stable and sustainable?

Whai ākona

What are my beliefs about the capacity of these parents or usual carers and whānau or family to provide a safe loving home to their tamariki and rangatahi? How will I use supervision to address any preconceived views or biases about this?