Last updated: 01/04/2025

Policy

Tamariki and rangatahi who are missing or whose absence is unauthorised

When tamariki and rangatahi are absent without permission, we work together with others and act promptly to determine their whereabouts and ensure their safety.

Updates made to this policy

This policy has been streamlined and the connection between the policy and the protocol has been strengthened. We have also emphasised the need for kaimahi to make continuing endeavours to find tamariki and rangatahi who are not where they should be and return them to safe care.

Practice framework prompts for this policy

Our practice is framed in te Tiriti o Waitangi (the Treaty of Waitangi), based on a mana-enhancing paradigm for practice 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. Our practice framework helps us make sense of and organise our practice.

Ngākau whakairo

How will I ensure the views and voice of te tamaiti or rangatahi are heard even while they are absent or missing?

Ngākau whakairo practice framework domain

Whai mātauranga

How do the knowledge and narratives of whānau or family help me better understand the situation for te tamaiti or rangatahi? What other knowledge and perspectives do I need to consider?

Whai mātauranga practice framework domain

Whai oranga

How does working together with te tamaiti, rangatahi, whānau or family help me understand the collective oranga that te tamaiti or rangatahi is part of? How will this deepen my understanding of oranga for te tamaiti or rangatahi?

Whai oranga practice framework domain

Whai pūkenga

How can I use my skills to understand why te tamaiti or rangatahi has gone missing? Is my reasoning considering the culture, gender, identity, age, development and disability needs for te tamaiti or rangatahi?

Whai pūkenga practice framework domain

Whai ākona

How will supervision help me reflect on the relationship I have with te tamaiti or rangatahi and their whānau or family and caregivers to ensure I have genuinely listened to their voices?

Whai ākona practice framework domain

Who this policy applies to

This policy applies to all tamariki and rangatahi in the care or custody of the chief executive.

Definitions

With Police, we have agreed the following terms for use when a tamaiti or rangatahi is absent without permission.

Missing

The whereabouts of te tamaiti or rangatahi is unknown, and
there are concerns for their safety or wellbeing.

They are considered missing until they are located, and their safety and wellbeing is established.

We have a responsibility to know where tamariki and rangatahi in the care or custody of the chief executive are and that they are safe. If their whereabouts and safety are unknown, we always report them missing.

Unauthorised absence

Te tamaiti or rangatahi is absent without permission (including when they neglect or refuse to return), and
their whereabouts is known or can be quickly established.

A tamaiti or rangatahi with an unauthorised absence may later be considered missing.

Absconding legally includes leaving or being taken from a care arrangement or the care of a caregiver without authority or neglecting or refusing to return. In practice, we use absconding when referring to rangatahi in a youth justice care arrangement.

Joint Protocol for Reporting and Managing Missing Children and Young People in Care

The chief executive is responsible for placing tamariki and rangatahi in their care or custody in a safe care arrangement and has the power to return them to their care arrangement if they are absent without permission.

As soon as we become aware that a tamaiti or rangatahi in the care or custody of the chief executive is absent without permission, we must follow the requirements and processes of the Joint Protocol for Reporting and Managing Missing Children and Young People in Care to determine their whereabouts and ensure their safety.

Staff resource: Joint protocol for reporting and managing missing children and young people (PDF 3.2 MB) | Te Pae

Missing

If te tamaiti or rangatahi is missing, we:

complete the missing person report casenote in CYRAS and submit it to Police using the Email Police button in CYRAS
continue to try to find them
maintain communication with Police until te tamaiti or rangatahi is located and their safety is established.

The schedule sets minimum contact times and includes a review of the current situation at day 14. Information indicating increased risk for te tamaiti or rangatahi or that may help find them should be shared swiftly with Police irrespective of the contact times.

Staff resource: Missing persons templates | Te Pae

Unauthorised absence

If the absence of te tamaiti or rangatahi is unauthorised, we:

work with te tamaiti or rangatahi and their parents, guardians and other significant people to support them to return to their care arrangement
monitor their wellbeing and access support to address any immediate safety concerns – this includes seeking the assistance of Police to move them to safety, if necessary
monitor their whereabouts – if their whereabouts become unknown, we must reassess whether they are missing.

We use Tiaki Oranga to help us understand and plan for current safety, harm and risk for te tamaiti or rangatahi.

Tiaki Oranga

If a decision is made to support te tamaiti or rangatahi to remain where they have been located, the provisions of the care arrangements policy or the return home provisions of the policy for transitions within care apply.
Policy: Care arrangements
Policy: Transitions within care

If te tamaiti or rangatahi absconds from a youth justice placement where they are detained, we:

call Police on 111 informing them of this, stating clearly their legal status
follow the missing person process.

Tamariki and rangatahi are detained if they are:

arrested under section 235 and placed in the custody of the chief executive by Police before their first Youth Court appearance, or
detained under section 238(1)(d) in the custody of the chief executive before their hearing, or
sentenced under section 311 to Supervision with Residence.

If they abscond either directly from, or while being escorted to or from, the remand home or youth justice residence where they have been placed, they have escaped their place of detention. This is an offence, and they could potentially be charged.

Throughout the time te tamaiti or rangatahi is absent without permission, we must make extensive and ongoing efforts to find them and support their return to safe care. If concerns for their oranga increase, we escalate these concerns with our manager.

How we work with tamariki and rangatahi who are missing or whose absence is unauthorised – During: what we do when tamariki and rangatahi are missing or their absence is unauthorised

Communicating with parents and guardians

We must promptly notify parents and guardians that their tamaiti or rangatahi is absent without permission. We:

advise that we don’t know where their tamaiti or rangatahi is
say what is being done to find them
ask them if they know where their tamaiti or rangatahi may be and how we could contact them
advise that if we cannot locate them quickly, we will consider them missing – then we explain the missing person process
advise when we have reported them missing
discuss with them how and when they would like to be updated
seek their consent if we want to use the media to help find te tamaiti or rangatahi
advise them when their tamaiti or rangatahi is found.

Communication with Police

We must maintain ongoing communication with Police while te tamaiti or rangatahi is missing. At a minimum, we must make contact with Police on days 1, 7, 21 and 50 as per the protocol.

We keep them informed about what we’ve done to contact and locate te tamaiti or rangatahi, any new information gathered, escalating concerns for the oranga of te tamaiti or rangatahi, and when te tamaiti or rangatahi is found.

If there is any consideration given to contacting the media, we consult with our Delivery Advisory Operational Support. Oranga Tamariki and Police must agree on the content of a media release.

When a missing tamaiti or rangatahi is found

When te tamaiti or rangatahi is found, we must:

talk with them as soon as possible to establish their safety and wellbeing
address any immediate needs – if we identify they were harmed, we follow the relevant process with the support of our supervisor (this may include making a report of concern, requesting a medical assessment or making a police statement)
advise the person who will be caring for them and the previous caregiver if te tamaiti or rangatahi is not returning to their care
return them to their caregiver or transition them to their new care arrangement
liaise with the caregiver social worker (where applicable) to ensure that the caregiver has support.

Policy: Allegations of harm (ill-treatment, abuse, neglect or deprivation) of tamariki in care or custody

We use Tiaki Oranga to help us understand and plan for current safety, harm and risk for te tamaiti or rangatahi.

Tiaki Oranga

The power to detain tamariki and rangatahi

Police have the power to detain tamariki or rangatahi without a warrant and return them to a care arrangement or a residence if they:

leave or are taken without authority from their care arrangement or residence, or
refuse or neglect to return to their care arrangement or residence.

Staff members of a residence administered by the Crown (excluding Te Poutama Arahi Rangatahi) also have the power to detain tamariki or rangatahi who leave or are taken without authority from a residence and return them to the residence.

Other Oranga Tamariki kaimahi have no authority to detain tamariki or rangatahi as this power has not been delegated by the chief executive.

The power to use force to remove or return tamariki and rangatahi to a care arrangement or residence

Police may use reasonable force to remove or return tamariki and rangatahi to their care arrangement with a warrant issued under section 386 of the Oranga Tamariki Act 1989.

A team leader of a residence has the delegation to apply for a section 386 warrant for authority to enter, search for and remove a tamaiti or rangatahi who has absconded or is absent from a residence. Legal Services can assist with this process.

Search warrants – section 386(1A) of the Oranga Tamariki Act 1989

Children and young persons who abscond – section 385(1) of the Oranga Tamariki Act 1989

Recording

We must record in CYRAS all information and action taken for tamariki and rangatahi in the care or custody of the chief executive who are absent without permission.

We record:

that they are missing, or their absence is unauthorised
enquiries made to determine their whereabouts
actions taken to locate them and return them to a safe care arrangement
when a missing person report has been completed
discussions with their parents and guardians including how they would like to be updated
discussions with Police including agreed actions and information shared – a copy of agreed action points are to be provided to Police
when they are found.

Policy: Case recording

Tamariki and rangatahi who are missing or whose absence is unauthorised

Updates made to this policy

Practice framework prompts for this policy

Ngākau whakairo

Whai mātauranga

Whai oranga

Whai pūkenga

Whai ākona

Who this policy applies to

Definitions

Missing

Unauthorised absence

Joint Protocol for Reporting and Managing Missing Children and Young People in Care

Missing

Unauthorised absence

Communicating with parents and guardians

Communication with Police

When a missing tamaiti or rangatahi is found

The power to detain tamariki and rangatahi

The power to use force to remove or return tamariki and rangatahi to a care arrangement or residence

Recording

Resources

How we work with tamariki and rangatahi who are missing or whose absence is unauthorised

Child/young person and family consult

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