Policy
Tamariki or rangatahi with no Oranga Tamariki care or custody status who move to a new carer
When the care for a tamaiti or rangatahi without an Oranga Tamariki care or custody status changes during, or as a result of, our involvement with them, we have a responsibility to confirm they are in a safe living arrangement.Guiding principle
We must work with parents, the carer or proposed carer, and whānau or family to ensure tamariki and rangatahi are cared for in a safe living arrangement that is able to meet their needs.
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.
Overview
When the care for a tamaiti or rangatahi without an Oranga Tamariki care or custody status changes during, or as a result of, our involvement with them, we have a responsibility to confirm that:
- the carer or proposed carer is safe and suitable to meet the needs of te tamaiti or rangatahi
- te tamaiti or rangatahi is in a safe environment
- the carer or proposed carer has the capacity and support they need to provide safe care
- the carer or proposed carer understands their legal rights and responsibilities
- safe contact arrangements are in place.
We build our understanding about the carer or proposed carer and harm, safety, protection and needs of te tamaiti or rangatahi.
If our assessment of the living arrangement identifies concerns for te tamaiti or rangatahi, we consult with our supervisor and Legal Services (where necessary) to consider next steps.
Advising the carer or proposed carer and whānau or family about the checks we will do
We must be clear about our statutory responsibility to take necessary steps to ensure the oranga, including safety, of te tamaiti or rangatahi.
We must advise the carer or proposed carer and the whānau or family that we will carry out checks of our records and their home and gather and share information as required to ensure the living arrangement is safe and able to meet the needs of te tamaiti or rangatahi.
This provides the carer or proposed carer and the whānau or family with the opportunity to consider what the checks mean for them. They may wish to withdraw from the carer role, offer additional information, or consider what supports they may need to make a safe living arrangement possible.
Check the carer or proposed carer is safe and suitable to meet the needs of te tamaiti or rangatahi
We meet with the parents, carer or proposed carer, and whānau or family together (where possible) to clarify the details of the living arrangement and build our understanding.
We must consider the carer or proposed carer’s:
- understanding of what safe, stable, loving care looks like for this tamaiti or rangatahi and if they have the relevant experience, skills and attitudes to provide this
- ability to respond to the needs of te tamaiti or rangatahi and advance their oranga for the duration of the living arrangement
- ability and willingness to promote and support the identity of te tamaiti or rangatahi and their connections to their culture, whānau or family, and other people and places important to or for them.
We must consider all information available to us to build and deepen our understanding. This includes checking information recorded in CYRAS, CGIS and TRIM about the carer or proposed carer, and proactively gathering relevant information from whānau or family, friends, professionals and agencies as appropriate.
Section 66C enables us to request information from other child welfare and protection agencies that would help us ensure te tamaiti or rangatahi is in a safe living arrangement. This may include requesting information about the carer or proposed carer and their household from Police, if we believe this is necessary.
After gathering information, we advise the carer or proposed carer of the information we have gathered and who we intend to share the information with and offer them the opportunity to comment on or correct any aspect of it.
Where the change in carer is the result of a family group conference, we must complete identity checks and police vetting for all members of the household aged 18 years or older.
Check te tamaiti or rangatahi is in a safe environment
At a minimum, we visit the home to check the safety and suitability of the physical environment provided by the carer or proposed carer.
Our guidance on assessing the home environment for caregiver and adoptive applicants provides a useful list of considerations to explore with the carer or proposed carer.
Where risks are identified, we work with the parents, carer or proposed carer, and whānau or family to remove or mitigate these.
Check the carer or proposed carer has the capacity and support they need
We must support parents, the carer or proposed carer, and the whānau or family to explore the likely effects of the living arrangement to ensure that oranga is maintained or strengthened for te tamaiti or rangatahi, the carer or proposed carer and their household, including all other tamariki and rangatahi regularly cared for by the carer or proposed carer in the home.
We support the parents, the carer or proposed carer, and the whānau or family to consider:
- the needs, strengths and circumstances of the carer or proposed carer
- the capacity of the carer or proposed carer to meet the individual and collective needs of the tamariki and rangatahi in the home
- the informal and formal resources available to support the carer or proposed carer
- what support, including any financial support, the carer or proposed carer and their household requires to meet the reasonable needs of te tamaiti or rangatahi.
If it has been agreed that the carer or proposed carer will apply for an Unsupported Child's Benefit, we must offer to support their application to Work and Income.
Child Support, Unsupported Child's Benefit and Orphan's Benefit
If additional financial or other support is required, we must assist the carer or proposed carer and the whānau or family to access support through Work and Income, Oranga Tamariki or other support agencies.
Check the carer or proposed carer understands their legal rights and responsibilities
It may be appropriate for the carer or proposed carer to seek legal advice.
We must help them understand:
- their authority to make decisions and carry out responsibilities for te tamaiti or rangatahi when they don't have custody or guardianship
- the impacts on future legal entitlements to permanent caregiver support if they take on the care of te tamaiti or rangatahi without them first being in the custody of the chief executive – this is particularly relevant to carer changes being considered at a family group conference.
Guardianship rights and decisions caregivers can and cannot make (PDF 752 KB)
Check safe contact arrangements are in place
While te tamaiti or rangatahi is not in the care of their parent or person who previously cared for them, we must support contact with them where it is safe to do so, is in their best interests and meets their needs.
We use Tiaki Oranga to understand and plan for current safety, harm and risk for te tamaiti or rangatahi.
We must work with the parents, the carer or proposed carer, and the whānau or family to plan for safe contact.
Protect and support the development of tamariki and rangatahi within healthy whānau or families
Ensuring ongoing safety with new carer
As we continue our work with te tamaiti or rangatahi and their whānau or family, we must continue to ensure that:
- the carer is safe and suitable to meet the needs of te tamaiti or rangatahi
- they are in a safe environment
- the carer has the capacity and support they need to provide safe care
- safe contact arrangements are in place.
Pay particular attention to when a change in circumstances may impact on the carer’s willingness, suitability and capacity to provide safe care.
Changes may include (but are not limited to):
- changes in the health, employment, wellbeing or lifestyle of the carer
- changes in the health, education, play, recreation or community connections of te tamaiti or rangatahi
- significant changes for other tamariki or rangatahi in the home
- loss of a partner, tamaiti or rangatahi or significant whānau or family member
- new location and/or household members, including tamariki and rangatahi
- a criminal charge or conviction
- a change in the relationship with the parents of te tamaiti or rangatahi
- a change in the contact arrangements for te tamaiti or rangatahi.
Before ending our involvement
We must complete a written assessment to set out our social work reasoning on why we think it is time to end our involvement with te tamaiti or rangatahi.
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 ensure ongoing safety.
We must:
- be sure they are in a safe living arrangement that meets their needs
- work with the carer and the whānau or family to ensure any ongoing supports that are needed are in place
- ensure the carer is aware of supports available for them and te tamaiti or rangatahi for any future needs that our needs assessment has identified and how to access these.
We must also contact any agencies currently working with the carer and te tamaiti or rangatahi and proactively disclose (section 66C) that we are ending our involvement and what other agencies and/or people have a role in providing ongoing support and safety for te tamaiti or rangatahi.
Support and assistance for tamariki and rangatahi not in need of care or protection