Policy
Support for tamariki and rangatahi in care or custody
This policy outlines our support obligations to address the needs of tamariki and rangatahi in the care or custody of the chief executive.Practice framework prompts for this policy
Our practice framework helps us make sense of and organise our practice so it is framed in te Tiriti o Waitangi (the Treaty of Waitangi), and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand.
Ngākau whakairo
How will I ensure the right of te tamaiti or rangatahi and their whānau or family to determine and receive the supports they need? How will I ensure that this is balanced against what supports are considered important by others?
Ngākau whakairo practice framework domain
Whai mātauranga
What and whose knowledge will help me understand whether I am providing the right support for te tamaiti or rangatahi? When did I last check in with them that the support is meeting their needs?
Whai mātauranga practice framework domain
Whai oranga
How does te tamaiti or rangatahi describe their oranga? What signs will I look for that will help me understand what dimensions of oranga te tamaiti or rangatahi needs more support with? How will I know whether our support is promoting their oranga to be fully realised and sustained?
Whai oranga practice framework domain
Whai pūkenga
What skills and tools am I using when supporting te tamaiti or rangatahi, especially non-verbal tamariki or rangatahi, to actively participate in planning and decision-making?
Whai pūkenga practice framework domain
Whai ākona
What beliefs do I bring to my mahi about the support tamariki, rangatahi and their whānau or family need? How am I using supervision to review my practice in providing support for tamariki and rangatahi and their whānau or family?
Who this policy applies to
This policy applies to all tamariki and rangatahi in the care or custody of the chief executive.
Who the National Care Standards apply to – plans and legal statuses (PDF 151 KB)
Support for assessed needs
Tamariki and rangatahi in the care or custody of the chief executive have the right to support to meet their assessed needs to restore oranga. We are required to ensure that support is available and assist tamariki and rangatahi to access this support.
The way we provide support
Support may include social work support, the provision of financial support and support for tamariki and rangatahi to access specialist services.
Support must be provided promptly, to the degree appropriate in line with the assessed needs, and consider the assessed needs and cultural safety of tamariki or rangatahi.
Cultural safety is the protection from any action that diminishes, demeans or disempowers the cultural identity or wellbeing of an individual. This may include age, gender, sexual orientation, gender identity, occupation, socioeconomic status, ethnic origin, migrant experience, religious or spiritual belief, or disability.
Whānau and family connections
We must promote mana tamaiti by ensuring support is provided to tamariki and rangatahi to establish, maintain and strengthen connections with their family, whānau, hapū, iwi, marae, and family group and anyone else they or their whānau or family identify as important.
To ensure support is provided for whānau and family connections, we must:
- ensure te tamaiti or rangatahi is able to have contact and connection with their family, whānau, hapū, iwi, family group and people who are important to them
- assist te tamaiti or rangatahi to connect with their family, whānau, hapū, iwi and family group through whakapapa
- enable and support others to fulfil their whanaungatanga responsibilities
- ensure parents, guardians and any other important members of the family, whānau, hapū, iwi and family group of te tamaiti or rangatahi are regularly kept informed of the progress of te tamaiti or rangatahi and can participate in important decisions that affect te tamaiti or rangatahi.
We are not required to support relationships between tamariki or rangatahi and specific individuals when this is not in the best interests of te tamaiti or rangatahi.
Financial support that we provide for whānau and family connections may be provided directly to te tamaiti or rangatahi, their whānau or family, or their caregivers as appropriate.
Culture, belonging and identity
We must ensure support is provided to tamariki and rangatahi to meet their cultural and identity needs in ways that enhance mana tamaiti.
To ensure support is provided for culture, belonging and identity, tamariki and rangatahi must be supported to:
- learn about their culture
- develop their identity
- attend, celebrate or acknowledge events of significance
- participate in activities or experiences relevant to their culture, identity or sense of belonging
- maintain or improve proficiency in the language of their culture or identity
- visit or connect with places significant to their identity, culture or sense of belonging
- connect with other tamariki and rangatahi in care or custody.
Recording life events
We must ensure that a record of events important in the life of te tamaiti or rangatahi is collected, recorded and maintained. This must be done in consultation with te tamaiti or rangatahi where appropriate and have regard to both the culture and circumstances of te tamaiti or rangatahi.
This record may include:
- information about significant events or achievements
- details of important relationships
- photographs
- art work
- school reports.
Play, recreation and community activities
We must ensure support is provided to tamariki and rangatahi to meet their needs for play, recreation and participation in community activities.
To support play, recreation and community needs, we must support tamariki and rangatahi to:
- have opportunities for play and other recreational experiences
- access toys, books and other items
- establish and maintain relationships with peers and others in the community
- attend and participate in sports, cultural, volunteering or other community activities.
Health
We must ensure support is provided to tamariki and rangatahi to meet their health needs and to maintain and improve their health. This includes recovery from any harm suffered.
We must ensure tamariki and rangatahi are enrolled with a primary health provider, usually a general practitioner (GP) and an oral health provider (such as a dentist).
Enrolment with a GP and oral health provider is not a guardianship decision, but we must consult with both te tamaiti or rangatahi and their parents and guardians about who they would like to be enrolled with.
We must make reasonable efforts to ensure the health needs of tamariki and rangatahi are met by practitioners who understand their culture and values, and who have knowledge of models of health relevant to their culture.
Significant decisions regarding the health needs of tamariki and rangatahi require consultation with guardians. Where the guardians are unable to agree on health decisions, we must take steps to resolve this.
Guardianship – Types of court orders
To support health needs, tamariki and rangatahi must be supported to:
- access health services through an appropriate health practitioner
- have annual health checks
- have annual dental checks
- access health information such as healthy relationships and sexual health
- access publicly funded health services
- access private health services where publicly funded services are not available or not available within a reasonable timeframe.
In addition to providing the above support, we must ensure records are kept of all health contacts for tamariki and rangatahi.
Supporting tamariki with their health needs
Care and protection
We must refer all tamariki and rangatahi for a gateway assessment within 10 working days of entering care or custody on a care and protection status.
Youth justice
We must refer all tamariki and rangatahi for a medical check-up with a doctor within 7 days of entering a youth justice residence.
Education and training
We must ensure support is provided to tamariki and rangatahi to meet their educational needs. This includes support for tamariki and rangatahi to:
- enrol with an educational provider
- attend regularly
- access the tools and help they need to succeed.
Enrolment
Decisions regarding the enrolment of tamariki and rangatahi in education will depend on their age. Any decisions must be made in consultation with their parents or guardians and reviewed regularly. Where the parents or guardians are unable to agree on enrolment decisions, we must take steps to resolve this.
Enrolling and engaging tamariki and rangatahi in care in education
Guardianship – Types of court orders
Tamariki aged 1 to 4 years
All tamariki must be enrolled in a licensed early childhood service or a certificated playgroup where this is in their best interests. Decisions about the length of time that they attend for will be based on their needs.
Tamariki aged 5 years
All tamariki must be enrolled at a registered school, a licensed early childhood service or a certificated playgroup unless this is not in their best interests. If the decision is not to enrol te tamaiti in school, this decision must be reviewed regularly.
Tamariki and rangatahi aged 6 to 15 years
All tamariki and rangatahi must be enrolled at a registered school unless they have an exemption to be home schooled or leave school at 15.
Home education | Ministry of Education
Exemptions from enrolment – sections 20 to 22 of the Education Act 1989
If there is any dispute about the decision to enrol a tamaiti or rangatahi at a particular school, we must take steps to resolve this.
Rangatahi aged 16 years and over
All rangatahi aged 16 years and over must be provided with assistance to enrol at a registered school or tertiary organisation, or to obtain employment.
Youth justice
We must refer all tamariki and rangatahi for an education assessment within 7 days of entering a youth justice residence.
Policy: Working with tamariki and rangatahi in residences – Admission: what we must do immediately
Attendance
We must support tamariki and rangatahi to attend school or an early childhood service. For tamariki and rangatahi who are enrolled at school, we must:
- obtain updates each term about attendance
- ensure caregivers support attendance
- provide support to address any concerns about attendance
- ensure we or someone suitable supports tamariki and rangatahi in person if a hearing is held to consider suspension or exclusion from school
- facilitate alternative education arrangements if te tamaiti or rangatahi is excluded from school.
Monitoring
We must monitor the educational progress of te tamaiti or rangatahi and support their educational achievement. We will do this through regular contact with their education provider and other relevant agencies. We must:
- provide the education provider with all the information they need to support te tamaiti or rangatahi to achieve in education – we should consult te tamaiti or rangatahi before we disclose this information wherever practicable and appropriate
- engage with the education provider (at least once a term) to discuss the educational progress of te tamaiti or rangatahi as appropriate
- get a written update from the education provider (at least once a term) about the educational progress of te tamaiti or rangatahi
- provide support where te tamaiti or rangatahi is at risk of not achieving their educational goals or is not achieving those goals.
Guidance: Disclosing information
Other support obligations for education
We must also ensure financial assistance is provided to tamariki and rangatahi for:
- equipment and materials such as a uniform, school bag and stationery
- payment of education-related costs such as donations and fees for trips or camps
- transport costs
- additional tuition or educational support programmes that are not available through the public system within a reasonable timeframe.
Feedback and complaints
We must ensure support is provided to tamariki and rangatahi if they wish to provide feedback, make a complaint or raise an issue of concern.
To support the feedback and complaints process, we must support tamariki and rangatahi to:
- feel safe to share their feedback
- understand the complaints process and possible outcomes
- make the complaint
- understand how their complaint was assessed, what the outcome was, and any actions taken as a result.
Feedback and complaints – Explaining rights and entitlements to tamariki and rangatahi
Right to personal belongings
Tamariki and rangatahi have the right to personal belongings. Personal belongings may include taonga, toys, books, photographs, clothing, bedding or other items of significance.
We must ensure tamariki and rangatahi are provided with support to keep their personal belongings with them and have a safe place to store them.