Policy
Using Family Court orders to respond to tamariki who offend – section 14(1)(e)
Applications for care or protection orders on section 14(1)(e) grounds are made by enforcement officers. Offending by tamariki aged 10 to 13 years is managed through a youth justice process but is primarily a care and protection concern.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 do I ensure that the oranga needs of te tamaiti remain central to any Family Court orders granted to address their offending?
Ngākau whakairo practice framework domain
Whai mātauranga
What will help me to understand te tamaiti and their whānau or family and how their offending has occurred?
Whai mātauranga practice framework domain
Whai oranga
How can I support te tamaiti, and their family, whānau, hapū, iwi and family group to be clear about their collective responsibilities for ensuring that te tamaiti does not offend further?
Whai oranga practice framework domain
Whai pūkenga
How can I advocate for te tamaiti and their whānau or family to ensure they are able to understand and meaningfully participate in Family Court proceedings?
Whai pūkenga practice framework domain
Whai ākona
How do my views and attitudes about the offending of te tamaiti impact on my work with them and their whānau or family?
When this policy applies
This policy applies to tamariki aged 10 to 13 years (inclusive) who have offended and for whom a care or protection order has been sought in the Family Court on the grounds of section 14(1)(e) of the Oranga Tamariki Act 1989.
Working with Māori
When working with tamariki Māori, we must have regard for mana tamaiti (tamariki) as well as the whanaungatanga responsibilities of their whānau, hapū and iwi.
We use Māori models of practice and Oranga Tamariki tools to support our practice.
Working with Māori: Te Toka Tūmoana
Our Māori cultural framework | orangatamariki.govt.nz
Working with Pacific peoples – Va'aifetū
Va'aifetū supports quality practice with Pacific children and young people and helps us to work effectively with children and families of the different Pacific nations.
We should use Va'aifetū alongside existing practice guidance and tools to respond to the care and protection concerns for Pacific children who have offended. We must evidence this in our records and ensure that we apply the Va'aifetū practice considerations relevant to each child's Pacific nation of origin.
Applications to the Family Court
An enforcement officer can make an application for any care or protection order on the grounds of section 14(1)(e). Oranga Tamariki can make a joint or parallel application to the Family Court under other care and protection grounds.
Applications for care and protection orders on the grounds of section 14(1)(e)
An enforcement officer can make an application for any care or protection order on the grounds of section 14(1)(e) of the Oranga Tamariki Act 1989 that they believe appropriate to address the offending of te tamaiti. In most cases, the enforcement officer will be a Police Constable.
Oranga Tamariki and Police have agreed a joint protocol that sets out the shared understanding and agency expectations between the two agencies for filing applications, monitoring plans and complying with conditions attached to orders.
Joint Protocol – Family Court responses to children who offend (PDF 481 KB)
Oranga Tamariki and Police have agreed that Police will inform Oranga Tamariki before they make any application to the Family Court.
Joint and parallel applications to the Family Court under other care and protection grounds
When Police advise us of concerns for te tamaiti under section 14(1)(e) (either through a referral for a family group conference or when they are applying for urgent care and protection orders), we must complete an assessment to determine whether there are additional care or protection concerns for te tamaiti under section 14(1)(a) to (d).
If there are care or protection concerns for te tamaiti in addition to section 14(1)(e), Oranga Tamariki can apply for any care and protection order either with Police or alongside them – an application with Police is called a joint application, while an application alongside Police is called a parallel application.
Joint and parallel applications enable us to provide the court with comprehensive information about the care or protection concerns for te tamaiti, which it can consider alongside the offending information provided by Police.
We must consult with the regional legal advisor to determine which application (joint or parallel) is most appropriate.
We must apply for the care or protection order that is the lowest level of intervention appropriate to address the safety, oranga and offending behaviour of te tamaiti.
Where we have filed joint or parallel applications for care or protection concerns under section 14(1)(a) to (d), we should continue to follow the policy for care and protection proceedings in the Family Court.
Family Court care or protection orders
Enforcement officers are able to apply for any care or protection order under section 14(1)(e) depending on the needs of te tamaiti. This can include custody orders, support orders, services orders, restraining orders and guardianship orders. However, in most cases, interim custody or support orders are applied for.
Custody of a child or young person pending determination of proceedings or in urgent cases for child offending (section 78)
Police can apply for custody of te tamaiti following their arrest if there is an urgent need to manage risk and public safety. They must consider the whānau or family's position and ability to care, supervise and provide appropriate boundaries for te tamaiti, as well as the views of any victims.
Police are responsible for deciding if the situation meets the threshold for a section 78 application and whether this should be applied for with or without notice. The criteria and thresholds for their consideration are set out in the Joint Protocol.
Joint Protocol – Family Court responses to children who offend (PDF 481 KB)
Police must decide whether the application is to be made under either section 78(1) or 78(1A) of the Oranga Tamariki Act 1989 as this will determine whether additional orders could be granted at the same time as the interim custody order.
The section 78(1) process allows the Family Court, upon an application for a care or protection order, to grant an interim support order under section 92 as well as impose additional conditions under section 96. These can be granted at the same time as the custody order.
Support order (section 91) or interim support order (section 92) for child offending
A support order with conditions will often be the most appropriate option to address the offending of te tamaiti alongside the care or protection concerns.
If the court makes a support order under sections 91 or 92, Oranga Tamariki must:
- monitor the standard of care, protection and guidance provided to, or over, te tamaiti
- provide or coordinate the provision of services and resources (including financial).
If the court makes a support order under sections 91 or 92, the following conditions apply:
- We may direct that te tamaiti must not associate with a specified person or a specified group of people.
- We may visit, at all reasonable times, the place where te tamaiti is living and may direct where, and with whom, te tamaiti cannot live.
- The person who te tamaiti is living with is required to ensure that the social worker knows the address of te tamaiti and to allow the social worker to visit.
We must specify the specific support requirements for te tamaiti in the initial application or plan to the court.
Power of Family Court to impose additional conditions (section 96)
The Family Court can also impose additional conditions to a support order, such as:
- any specific conditions that they think may reduce the likelihood of further offending
- a condition that te tamaiti must not associate with a specified person or with a particular group of people
- a condition that te tamaiti must attend and remain at a particular programme or course, or engage in treatment or therapy
- any conditions relating to the place of residence for te tamaiti as the court thinks fit.
Any conditions that are imposed by the court may be similar to bail conditions granted by the Police or the Youth Court. We monitor compliance by te tamaiti with these conditions.
All practical and reasonable steps must be taken to support te tamaiti and their whānau or family to comply with any conditions. Those caring for te tamaiti must also be provided with the resources and services needed to ensure they can provide the level of support needed to meet any conditions.
Power of court to impose additional conditions – section 96 of the Oranga Tamariki Act 1989
Duration of support orders
Support orders can be in place for up to 12 months. Shorter periods can be requested from the court at the time of application.
We must provide an effectiveness report to the court at the expiry of the support order that outlines how te tamaiti has responded to the support provided.
Support orders cannot be reviewed and extended. An application for a new order must be made if the care or protection or offending concerns have not been addressed within the timeframe set by the court.
Oranga Tamariki response to applications for care or protection orders on the grounds of section 14(1)(e)
When an enforcement officer files an application in the Family Court, Oranga Tamariki is then served with that application and the court's response (if the application was made without notice).
When we are served with the application, we must:
- file a Notice of Intention to Appear so we can join the court proceedings and appear at the first hearing
- allocate a social worker
- determine what involvement we have had, or currently have, with te tamaiti
- work with whānau or family to understand the risk of harm, concerns and immediate needs of te tamaiti and explore ways to create safety and reduce further offending
- convene a case consult to share information and discuss roles and next steps
- support te tamaiti and their whānau or family by establishing a multidisciplinary approach
- provide a response to the Family Court applications detailing our initial assessment of te tamaiti and whether we intend to file an application under other care and protection grounds.
If an order is made by the Family Court, the social worker or any other person with their agreement (such as the lawyer for child or another advocate) must meet with te tamaiti and their whānau or family within 24 hours of the order being granted. This is to ensure that te tamaiti and their whānau or family understand the conditions of the order, their responsibilities and the multidisciplinary approach that will be used to support and monitor the order.
Once care or protection orders have been granted by the Family Court, planning, implementation, monitoring and review becomes the responsibility of Oranga Tamariki.
Joint Protocol – Family Court responses to children who offend (PDF 481 KB)
Protect and support the development of tamariki and rangatahi within healthy whānau and families
If a family group conference referral has been made, or a family group conference is in the process of being convened to consider the section 14(1)(e) referral, then we must follow the policy for convening the youth justice family group conference and the interagency protocol for family group conferences for children who offend. This includes convening a whānau or family meeting to consider the immediate safety and support needs of te tamaiti within 7 working days of the referral.
Policy: Convening the youth justice family group conference
Joint family group conference protocol for children who offend (PDF 561 KB)
Care arrangements for te tamaiti
When te tamaiti is placed in our custody under a section 78 order applied for by Police, we must:
- immediately (within 24 hours) assess the suitability of the current care arrangements for te tamaiti – wherever possible, te tamaiti should remain in the care of their whānau or family
- ensure that any care arrangement for te tamaiti outside of their usual caregivers is with approved caregivers and adheres to the policy for care arrangements
- convene a case consult as soon as practicable and no later than 24 hours after te tamaiti enters care.
Case consults
Case consult following entry to care
If te tamaiti enters care under a custody order, the youth justice practice leader must convene and facilitate a case consult within 24 hours.
The case consult must involve:
- the youth justice practice leader
- the care and protection social worker (if already allocated)
- the youth justice social worker
- the care and protection practice leader (if there are additional care or protection concerns for te tamaiti).
If the offending of te tamaiti has previously been considered by either the Youth Community Teams (YCT) or the Multidisciplinary Teams (MDT), we must ensure that all relevant information from these teams is available for the case consult.
The case consult should determine:
- the key social worker (if not already allocated)
- the care arrangements for te tamaiti
- a risk mitigation and support plan for te tamaiti and their whānau or family to address the offending
- the assessment needs for te tamaiti and their whānau or family and the timeframes for completion
- review timeframes.
Kaimahi must use the child/young person and family consult tool and ensure that an accurate record of the consult is recorded in CYRAS.
We must ensure that only relevant information is shared and recorded in CYRAS.
Child/young person and family consult
Tamariki with offending behaviours
Case consult following a referral for a family group conference where te tamaiti has not entered care
If a referral has been made by Police under section 14(1)(e) but they have not applied for urgent care or protection orders, we must convene a case consult within 5 days of the referral.
Attendees, timeframes and outcomes of that case consult are set out in the guidance.
Youth justice pre-family group conference case consultation
Key social worker
The key social worker must be determined at the first case consult.
Generally, a youth justice social worker should be the key social worker as the matter progresses through to a youth justice family group conference. However, if a care and protection social worker has already been working with the whānau or family and has an established relationship with te tamaiti, it may be more appropriate for them to hold the key social worker role.
The key social worker role may change as the matter proceeds through the Family Court. This must be agreed and documented. Both the youth justice and care and protection social workers must work collaboratively at all times, regardless of who is the key social worker.
The key social worker must meet with te tamaiti face to face at least weekly for the duration of the section 14(1)(e) court proceedings.
Family group conference
If Police make without notice applications for Family Court orders under the grounds of section 14(1)(e), the court then makes a referral for a family group conference under section 70(3).
We must follow the policy for convening a youth justice family group conference and the interagency protocol for family group conferences for children who offend.
Joint protocol for family group conferences for children who offend (PDF 561 KB)
Multidisciplinary approach
We must use a multidisciplinary approach and response to support all tamariki who are subject to an order made on the grounds of section 14(1)(e).
The youth justice manager or site manager is responsible for ensuring that a multidisciplinary approach is taken to planning, reviewing and monitoring for each case.
A key team should be established after the first case consult. It should include:
- whānau or family
- te tamaiti (if appropriate)
- the key social worker
- Police
- community providers
- education and health professionals (if working with te tamaiti).
The multidisciplinary approach must be used to ensure there is an interim safety and support plan that addresses the needs of te tamaiti and their whānau or family and enables any further assessments that may be needed.
A multidisciplinary team must be convened within 5 working days of the section 14(1)(e) application being made – or, if a family group conference has occurred and agreement reached to apply for orders, within 5 working days of the family group conference.
After a safety and support plan is created, the multidisciplinary team must meet weekly (unless the group agrees otherwise) to share information, review progress and modify the plan as necessary.
Wherever possible, these weekly meetings should be held face to face and every effort made to ensure participation by te tamaiti and their whānau or family. We make sure the timing is flexible and the locations are accessible to te tamaiti and their whānau or family. We use technology (remote attendance) if needed.
Assessment and plans
We must have a written assessment for tamariki who are subject to care or protection orders.
All assessments must be:
- guided by the Tuituia assessment framework and domains
- completed before the family group conference or before the first hearing in the Family Court of a Police application under section 14(1)(e).
Plans made for te tamaiti must meet the requirements under section 29A for the content of plans in section 130 and the associated review dates and timeframes.
It must be clear which parts of the plan relate to the offending behaviour under section 14(1)(e) and which relate to the other care and protection concerns under section 14(1)(a) to (d). The timeframes for each part must be clear even if the timeframes overlap.
All assessments and planning for te tamaiti must:
- promote and advocate the best interests of te tamaiti within the context of their whānau or family
- address the identified needs of te tamaiti and their whānau or family, including disability and neurodiversity
- recognise the rights and interests of victims and the community and consider these when planning a response
- hold te tamaiti accountable and encourage them to accept responsibility for their behaviour
- promote and strengthen whānau ora.
Monitoring and review
The key social worker is responsible for monitoring and reviewing the court plan within the court timeframes. This includes completing plans and reports.
The key social worker must ensure that those taking responsibility for monitoring conditions and reporting non-compliance fully understand their obligations, how reporting non-compliance contributes to the overall plan, and how it will be responded to.
Plans must be reviewed with whānau or family through the multidisciplinary approach at an agreed, regular interval. When aspects of the plan are not working or there is further offending, we must work with whānau or family and te tamaiti to strengthen the supports around te tamaiti and their whānau or family or caregiver.
If te tamaiti does not comply with conditions of the court orders, despite enhanced support being provided to them and their whānau or family, the key social worker, in consultation with their practice leader and with the Police, must consider next steps.
These steps may include bringing te tamaiti back before the court or any other actions the key social worker believes will support te tamaiti to re-engage with the plan, comply with conditions and prevent further offending. The range of potential interventions are set out in the joint protocol for Family Court responses to children who offend.
At a minimum, the court plan must be reviewed within the first 2 months of an order being made.
Joint Protocol – Family Court responses to children who offend (PDF 481 KB)
Discharging Family Court orders for tamariki who offend
Te tamaiti and their whānau or family must not be subject to Family Court orders for any longer than is absolutely necessary to address the offending and care and protection concerns.
Where te tamaiti has completed their plan and is only before the court as a result of their prior offending, then we should seek to have the orders discharged as soon as possible.
Where there are ongoing additional care or protection concerns for te tamaiti, then we should acknowledge the success of te tamaiti and their whānau or family in addressing their offending behaviour and orders should be discharged or amended to appropriately reflect only the ongoing needs and support on the revised plan.