Policy
Working with tamariki and rangatahi in remand homes
Social workers and remand home kaimahi support tamariki and rangatahi when they're living in or transitioning to or from a remand home.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 I uphold the rights of te tamaiti or rangatahi and victims when I consider care options that promote the right to build and maintain whakapapa connections and relationships with whānau or family? How does this balance with maintaning public safety?
Ngākau whakairo practice framework domain
Whai mātauranga
How do I understand the needs of te tamaiti or rangatahi when they enter a remand home? How do I value whakapapa connections and listen to the voice of whānau, family or te tamaiti or rangatahi and value the knowledge they hold?
Whai mātauranga practice framework domain
Whai oranga
How do I ensure my actions are restorative and my advice is centred on the long-term oranga and protection of te tamaiti or rangatahi and their whānau or family? What arrangements have I made to ensure te tamaiti or rangatahi has contact with their whānau or family while in the remand home?
Whai oranga practice framework domain
Whai pūkenga
How can I work with te tamaiti or rangatahi in remand homes in a way that enhances their mana and is restorative in approach? How do I listen to their voice and that of victims when planning or making decisions that impact te tamaiti or rangatahi?
Whai pūkenga practice framework domain
Whai ākona
What have I learned through my experiences of working with tamariki or rangatahi who are placed in a remand home? What helped them, and what would I do differently next time?
When this policy applies
This policy applies when tamariki or rangatahi have been:
- detained in the custody of the Oranga Tamariki chief executive under section 238(1)(d), or
- placed in the custody of the Oranga Tamariki chief executive by Police following arrest under section 235 (detention is authorised but not required), and
- a community remand home has been identified as a suitable care arrangement.
This policy does not apply to tamariki or rangatahi in bail homes.
This policy does not apply to the kaimahi working in a remand home operated by partners.
Remand Options Investigation Tool
If Police oppose bail for tamariki and rangatahi waiting for their charges to be addressed in the Youth Court, the Remand Options Investigation Tool (ROIT) must be completed.
The ROIT informs the remand decision-making process for Oranga Tamariki, Police and others when considering the least restrictive option appropriate in the circumstances. This decision must demonstrate how we have balanced:
- the oranga of te tamaiti or rangatahi
- the public interest (which includes public safety)
- the interest of any victims
- the accountability of te tamaiti or rangatahi for their behaviour.
If the ROIT recommendation is to remand te tamaiti or rangatahi in custody, the youth justice social worker, in consultation with their supervisor, must consider whether a remand home is the best option. The decision must be made by the supervisor in consultation and with input from a next-level maanger (as soon as practicable). We must record our advice in the ROIT of where te tamaiti or rangatahi should be remanded, demonstrating how we have balanced:
- the oranga of te tamaiti or rangatahi
- the public interest (which includes public safety)
- the interest of any victims
- the accountability of te tamaiti or rangatahi for their behaviour.
Where possible, we should seek advice from partner agencies to help understand these 4 considerations.
Remand homes also ensure communities can feel safe, especially when we are working with a tamaiti or rangatahi with a history of serious and recidivist offending.
Staff resource: Remand Options Investigation Tool – templates
Application for a remand home care arrangement
When a decision has been made that a remand home is the most appropriate care arrangement for a tamaiti or rangatahi while they await their hearing, the youth justice social worker must prepare a youth justice admission request. Admission requests are assessed by a placement team. They can be sent to the Youth Justice Community Placements team.
Deciding on a key social worker
When tamariki or rangatahi have both a youth justice and a care and protection social worker, the social workers must consider the wishes of te tamaiti or rangatahi when working together to decide who will be the key social worker.
Supervisors must then agree on who has key responsibilities (visiting, planning and reviewing) and how support will be provided.
Contact and visits by youth justice social worker
It is important that families, whānau, family groups and community visits and connections are actively pursued and promoted. It is expected that tamariki and rangatahi in a residence have a minimum weekly contact and monthly face-to-face contact with their youth justice social worker.
More frequent contact or face-to-face visiting may occur if their assessed needs indicate this is required.
Guidance: Assessing the frequency of visits to tamariki in care
Where monthly face-to-face visits cannot occur for good reasons, approval for contact through electronic means (such as videoconference or phone) must be obtained from the youth justice site manager.
In exceptional circumstances, a co-worker allocated from the closest site may be considered for a face-to-face visit if there is an anticipated lengthy remand or sentence.
Any exceptions beyond monthly face-te-face visits must be approved by the youth justice site manager and must be documented and recorded in CYRAS.
Guidance: Visits with tamariki and rangatahi in care or custody
Policy: Casework responsibilities when our work involves more than 1 site
Admission to remand homes
All tamariki or rangatahi who enter a remand home must have a placement record created in CYRAS.
Social workers and remand home kaimahi have different responsibilities during the admission process.
Key social worker responsibilities
When an application to a remand home has been approved, the key social worker must:
- undertake a social work assessment and work with the remand home kaimahi to develop a plan to support a positive and successful transition into the remand home
- ensure that te tamaiti or rangatahi understands that they will be asked questions about their mental health, alcohol, substance and drug use by remand home kaimahi (the Substances and Choices Scale and the Kessler and Suicide screens)
- ensure the All About Me plan for te tamaiti or rangatahi is up to date and includes any transition needs – where tamariki or rangatahi don't have an existing plan, a plan must be started as soon as practicable
- consider planning a hui ā-whānau as part of understanding transition options as soon as te tamaiti or rangatahi enters the home.
Practice tool: SACs, Kessler and Suicide screens (SKS)
Further social worker responsbilities are outlined in the policy for transitions within care.
Policy: Transitions within care
Remand home kaimahi responsibilities
Kaimahi must engage with the key social worker in planning to support the transition of te tamaiti or rangatahi into the home, particularly when a remand care arrangement occurs at short notice.
Kaimahi must ensure that, when tamariki or rangatahi arrive, they are:
- welcomed into the home according to their wishes and as agreed with them as part of planning supported by a kairaranga ā-whānau or other Māori or cultural advisors as appropriate
- provided with clothing and other basic belongings if they have arrived without them
- aware of their rights and have the rules explained in a way they understand, including that they have a right to:
- freely express their views and actively participate in decisions about them
- make a complaint or provide feedback
- assisted to understand:
- what being detained means
- that they are not free to leave
- that the consequences of leaving the home without permission could be a move to a more restrictive form of detention
- how long they are likely to remain at the home and when further decisions will be made about their care
- given a medical check-up (with appropriate consent) within 72 hours of admission – this isn't needed if the medical records are up to date and there are no new medical needs
- involved in decisions about how connection with whānau or family and significant others will be maintained.
Guidance: Whakamana te tamaiti or rangatahi through advocacy
Guidance: Explaining rights and entitlements to tamariki and rangatahi
Supporting te tamaiti or rangatahi in a remand home
Social workers and remand home kaimahi have different responsibilities when supporting te tamaiti or rangatahi in the remand home.
Key social worker responsibilities
The key social worker must communicate with whānau or family to keep them involved in and informed about decisions. The key social worker must also support them to maintain connection with their tamaiti or rangatahi.
Policy: Transitions within care
Guidance: Interpreters when English is not the first or preferred language
The key social worker has lead responsibility for the All About Me plan. In addition to the requirements set out in the policy for the All About Me plan, they must:
- ensure the All About Me plan includes goals and outcomes for te tamaiti or rangatahi and their whānau or family and aligns to achieve the outcomes set out in any Family Court plan or Youth Court plan
- work with the remand home kaimahi
- lead multi-agency team meetings where appropriate to review progress on implementing the plan, identify changing needs and make sure everyone involved has the information they need to carry out their responsibilities set out in the plan.
If a tamaiti or rangatahi commits (or is alleged to have committed) further offences while on remand, we must review the existing plan and consider whether it is continuing to appropriately balance the oranga of te tamaiti or rangatahi, public safety and interests, the interest of victims, and accountability for behaviours.
14-day review of stay in remand homes
We must monitor tamariki and rangatahi who are remanded on a section 238(1)(d) order in an Oranga Tamariki remand home at least once every 14 days. The purpose of the review is to determine whether detention in a remand home is still suitable or whether a less restrictive community care arrangement is more appropriate. This must balance:
- the oranga of te tamaiti or rangatahi
- public safety and interests
- the interests of any victims
- the accountability of te tamaiti or rangatahi for their behaviour.
The first review will be by way of a family group conference. The youth justice social worker must complete any subsequent reviews.
A review must be done unless 'special circumstances' apply – for example:
- if a court is awaiting health assessments
- if a change in detention status is not considered to be appropriate at this stage due to further supports required to support the care arrangement.
If a tamaiti or rangatahi commits (or is alleged to have committed) further offences while on remand, we must review the existing plan or intervention and carefully consider whether staying in a remand home is appropriate when we balance:
- the oranga of te tamaiti or rangatahi
- the public interest (which includes public safety)
- the interests of any victims
- the accountability of te tamaiti or rangatahi for their behaviour.
Remand home kaimahi responsibilities
Kaimahi must:
- ensure that all tamariki and rangatahi in the home have their cultural needs, values and practices recognised and met
- ensure all tamariki and rangatahi receive their entitlements, including building and maintaining relationships with their whānau or family
Policy: Support for tamariki and rangatahi in care or custody - keep the key social worker updated on progress and the development of te tamaiti or rangatahi during their stay to keep the All About Me plan up to date relating to health needs, risks, goals, needs and concerns, including:
- the immediate health needs of te tamaiti or rangatahi and how these will be met
- any risks te tamaiti or rangatahi may pose to the health and safety of themselves and/or others in the home and how these will be addressed
- any new goals or needs that have emerged during the course of their time in the remand home
- any concerns raised by whānau or family, support people and professionals interacting with te tamaiti or rangatahi during their stay at the remand home
- support te tamaiti or rangatahi to record important life events (or record events themselves if te tamaiti or rangatahi cannot do so, wants support to do so or is unwilling to do it themselves)
- ensure support is provided for managing belongings and making complaints or raising concerns.
The home manager has a responsibility for relationships with local iwi and Māori and other organisations needed to support tamariki and rangatahi in the home (including other cultural needs).
Guidance: Practice for working effectively with Māori
De-escalation
Kaimahi must ensure they have up-to-date information about whether te tamaiti or rangatahi has specific needs, including mental health or physical needs, that affect approaches to preventing and de-escalating behavioural distress. This must be documented in the operational plan for te tamaiti or rangatahi.
Only Safety Interventions™ (formerly Managing Actual and Potential Aggression – MAPA) techniques can be used to physically hold a tamaiti or rangatahi and only by kaimahi trained in their use. When restrictive interventions or physical holds are used (or we are verbalising the intent to use restrictive interventions), we must consider the oranga of te tamaiti or rangatahi.
Staff must apply approaches to de-escalate situations as set out in their Safety Interventions™ training.
If de-escalation techniques fail and kaimahi are concerned for their own or others' physical safety, they must, if possible:
- guide others to a safe area and stay there
- contact the Police using 111 if it's an emergency or following the process in relationship agreements or Local Service Level Agreements
- after the incident, follow the process set out in policy below about responding to complaints or allegations of harm by remand home kaimahi or caregivers.
When tamariki or rangatahi leave the home without permission
If te tamaiti or rangatahi leaves the home without permission or fails to return from an outing or appointment, we must:
- immediately report this to Police, stating clearly their legal status
- follow the Joint Protocol for Reporting and Managing Missing Children and Young People in Care.
Policy: Working with tamariki and rangatahi who are missing, or whose absence is unauthorised
Staff resource: Joint Protocol for Reporting and Managing Missing Children and Young People in Care
Responding to complaints or allegations of harm
Any complaint must be investigated if a tamaiti or rangatahi feels they have been treated unfairly, unreasonably or unlawfully by remand home kaimahi.
Harm may be physical or emotional or sexual abuse and might arise from deprivation, ill-treatment or neglect. People from different cultures may experience harm in different ways.
The policy for allegations of harm (ill-treatment, abuse, neglect or deprivation) of tamariki in care or custody must be followed when allegations of harm against tamariki or rangatahi occur or are alleged. This includes incidents of harm before te tamaiti or rangatahi was in the remand home.
Staff resources:
Preparing to leave the remand home
Social workers and remand home kaimahi have different responsibilities when te tamaiti or rangatahi is preparing to leave the remand home.
Key social worker responsibilities
All tamariki or rangatahi leaving a remand home must have a planned transition to their new care arrangement recorded in their All About Me plan.
Planning for transition out of a remand home is the responsibility of the key social worker.
Transition planning must follow the All About Me plan policy and the transitions within care policy. In addition, the key social worker must:
- engage with the transitions to adulthood service if the rangatahi is eligible for this support
- consider potential bail conditions in the future that balance the oranga of te tamaiti or rangatahi, public safety and interests, the interests of any victims and the accountability of te tamaiti or rangatahi for their offending
- consider other court order requirements that are in place.
Guidance: All About Me plan to meet the needs of tamariki and rangatahi
Policy: Transitions within care
Policy: Transition to adulthood – Preparation, assessment and planning
Remand home kaimahi responsibilities
As part of planning for the transition, kaimahi must support the key social worker to update the All About Me plan in relation to changed needs, oranga, supports or risks while te tamaiti or rangatahi is in the remand home. This includes:
- working with partners to ensure continuity of services – for example, education or health services
- ensuring the multi-agency team is aware of the change of address
- identifying any key actions to prepare whānau and families for the return home or transition into the community of their tamariki or rangatahi
- ensuring support is provided for the return of personal belongings.
Guidance: All About Me plan to meet the needs of tamariki and rangatahi
Monitoring and inspection of remand homes
Remand home kaimahi must support all monitoring and inspection of the home. This includes:
- Oranga Tamariki monitoring and assurance processes
- the Independent Children's Monitor
- the Office of the Ombudsman (when reviewing complaints)
- the Children and Young People's Commission Mana Mokopuna, who has a monitoring role (under the Crimes of Torture Act 1989) due to the detention component of remand homes.
We must:
- provide relevant information requested to meet monitoring functions
- support access to tamariki, rangatahi, kaimahi and other persons with relevant information as part of an inspection
- undertake self-monitoring and keep records to support independent monitoring – for example, on admissions, length of stay and complaints.