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 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.
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.
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.