Policy
Working with rangatahi and tamariki in remand homes
Social workers and remand home kaimahi support rangatahi and tamariki when they are 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 for the rangatahi or te tamaiti when I consider care options? Does the preferred care option promote the right to build and maintain whakapapa connections and relationships with whānau or family for the rangatahi or te tamaiti?
Ngākau whakairo practice framework domain
Whai mātauranga
How do understand the needs of the rangatahi or te tamaiti when they enter a remand home? How do I listen to the voice of whānau, family or the rangatahi or te tamaiti 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 (wellbeing) and protection of the rangatahi or te tamaiti and their whānau or family? What arrangements have I made to ensure the rangatahi or te tamaiti has contact with their whānau or family while in the remand home?
Whai oranga practice framework domain
Whai pūkenga
How can I work with the rangatahi or te tamaiti in remand placements in a way that enhances their mana and is restorative in approach? How do I listen to their voice when making decisions, or planning, that impact the rangatahi or te tamaiti?
Whai pūkenga practice framework domain
Whai ākona
What have I learned through my experiences of working with rangatahi or tamariki who end up on remand? What helped them, and what would I do differently next time?
Preferred terminology
This policy preferences the language of 'rangatahi and tamariki' rather than 'tamariki and rangatahi'. This is because it is in very limited circumstances that tamariki aged 10 to 13 can enter the youth justice system and be placed in a remand home. The circumstances where tamariki can be placed in a remand home are set out in guidance.
Remand homes
Remand homes offer a rangatahi or tamaiti short-term, safe, stable care in the community while they wait for their charges to be addressed in the Youth Court. They are based on the principle of restoring mana and seek to be culturally responsive, foster oranga (wellbeing) and maintain and strengthen connection to whānau, hapū, iwi and community.
This policy sets out requirements for social workers and remand home kaimahi to support rangatahi and tamariki when they are in, or transitioning to or from, a remand home.
When this policy applies
This policy applies when rangatahi or tamariki have been:
- detained in the custody of the Oranga Tamariki chief executive under section 238(1)(d), and
- placed in the custody of the Oranga Tamariki chief executive by Police following arrest under section 235 (detention is authorised but not required), and
- assessed by the youth justice placement team, and
- a community remand home has been identified as a suitable placement.
This policy does not apply to bail homes, which provide support and a place for rangatahi and tamariki to live on bail but are not places of detention.
Who this policy applies to
The policy applies to:
- youth justice and care and protection social workers supporting rangatahi and tamariki in, or transitioning to or from, a community remand home, regardless of whether a remand home is operated by Oranga Tamariki or another provider
- remand home kaimahi working in Oranga Tamariki operated remand homes.
The policy does not apply to remand home kaimahi operated by partners. These homes set out their own requirements for kaimahi.
Remand Options Investigation Tool
The Remand Options Investigation Tool (ROIT) is intended to inform the remand decision-making process and supports Oranga Tamariki, Police and others, if possible, to reach a joint recommendation for the judge based on information gathered about identity, culture, past trauma, disability, relationships, and protective factors, alongside risk factors.
When Police oppose bail, the ROIT must be completed. The first aim of using the ROIT is to investigate if mitigations and supports can be put in place that would allow bail in the community to be granted.
If the recommendation is to remand in custody, the youth justice social worker, in consultation with their supervisor, needs to 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 manager (as soon as practicable).
The most appropriate care arrangement must consider options, including through hapū, iwi, cultural or other networks, to enable the rangatahi or te tamaiti to be remanded on bail or delivered into the custody of parents, guardians or another person having the care of the rangatahi or te tamaiti, rather than being detained in the custody of the Oranga Tamariki chief executive.
Guidance: Detention considerations – custody orders under section 238(1)(d)
Guidance: Custody for children and young people following arrest
Considering the most appropriate care arrangement
We must identify an appropriate care arrangement for rangatahi and tamariki that is mana enhancing, maintains and strengthens connections to their whakapapa and allows them to whanaungatanga with their whānau, hapū, iwi or family group in the community. The appropriate care arrangement must also consider public safety and views of victims.
Decisions around care arrangements for rangatahi and tamariki must:
- consider the least restrictive option that is appropriate in the circumstances
- consider the environment that is best able to provide the support necessary to meet the full range of needs of rangatahi or tamariki
- support whānau, hapū and iwi, family group and important others to be fully informed and exercise their right to make or participate (as appropriate) in decisions about the rangatahi or te tamaiti
- consider how to maintain connections with whānau, family or others when possible and appropriate
- reflect the right of rangatahi and tamariki Māori to be connected to their culture and whakapapa
- consider how cultural needs of the rangatahi or te tamaiti can be met
- consider safety for the rangatahi or tamariki and others
- consider the voice and wishes of rangatahi or tamariki
- have regard to the whanaungatanga responsibilities of their whānau, hapū and iwi.
If timeframes or circumstances mean the placement is unplanned, the kaimahi accompanying the rangatahi or te tamaiti must explain what is happening. All decisions and requirements impacting the rangatahi or te tamaiti must be explained in a way that is understood by them and their whānau or family and those supporting them.
Application for a remand home placement
When a decision has been made that a remand home is the most appropriate place for a rangatahi or te tamaiti to live 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 as set out in the guidance (to come).
Deciding on a key social worker
When rangatahi or tamariki are in, or transitioning to or from, a community remand home, a key social worker must be allocated.
When rangatahi or tamariki have both a youth justice and a care and protection social worker, the social workers must work together to decide who will be the key social worker. In most cases the youth justice social worker will have the primary responsibility for rangatahi or tamariki and be the key worker.
While one social worker has the primary responsibility, the social workers must:
- work together to meet the needs of the rangatahi or te tamaiti
- work together to maintain ongoing engagement with caregivers and whānau or family
- decide who will maintain engagement with other professionals, including youth advocates, lawyers for children and the courts
- decide together who will take responsibility for which aspects of supporting the rangatahi or te tamaiti
- record in the All About Me plan and ensure 14-day review requirements are undertaken.
Guidance: 14-day reviews of tamariki and rangatahi detained in a residence or Corrections youth unit
We must consider the wishes of the rangatahi or te tamaiti when determining the key social worker. Supervisors must agree on who has responsibility for aspects of providing support.
Guidance: Allocating a key worker and co-worker
It is important that families, whānau, family groups and community visits and connections are actively pursued and promoted. The visits with tamariki and rangatahi in care or custody policy will apply.
Policy: Visits with tamariki and rangatahi in care or custody
Admission to remand homes
Social workers and remand home kaimahi have different responsibilities during the admission process.
Social worker responsibilities
When an application to a remand home has been approved, the key social worker must undertake an assessment and work with the remand home kaimahi to develop a plan to support a positive and successful transition into the remand home. This includes ensuring that rangatahi or tamariki are provided with an explanation that they will be asked questions about their alcohol and drug use (the Substances and Choices Scale and the Kessler and Suicide screens). Further social worker responsibilities are outlined in the transitions within care policy.
Practice tool: SACs, Kessler and Suicide screens (SKS)
Policy: Transitions within care
The All About Me plan for the rangatahi or te tamaiti is updated to reflect the transition planning. For rangatahi or tamariki who do not have an existing All About Me plan, one is opened and the transition planning is entered into their plan.
The plan must consider the views of the rangatahi or tamariki. The key social worker must also listen to whānau or family views and keep them involved in and informed about decisions.
Remand home kaimahi responsibilities
Oranga Tamariki remand home kaimahi must engage with the social workers in planning to support the transition into the home, particularly when a placement occurs at short notice.
When rangatahi or tamariki arrive at a remand home, remand home kaimahi must ensure that the rangatahi or te tamaiti:
- is welcomed into the home according to their wishes and as agreed with them as part of planning (remand home kaimahi should seek support from kairaranga ā-whānau or other Māori or cultural advisors as appropriate)
- is provided with clothing and other basic belongings if they have arrived without them
- has routines, rights and 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
- is 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
- with appropriate consent, has a medical check-up within 72 hours of admission (if our records show medical assessments are up to date and there are no new medical needs, this is not necessary)
- is 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 the rangatahi or te tamaiti in a remand home
Social workers and remand home kaimahi have different responsibilities when supporting the rangatahi or te tamaiti in the remand home.
Social worker responsibilities
The key social worker must communicate with whānau or family to keep them involved in and informed about decisions and support them to maintain connection with their rangatahi or tamaiti.
Rangatahi or tamariki who were in care prior to their arrest and detention will have an existing All About Me plan. This plan must be updated to reflect the current situation. Where rangatahi or tamariki do not have an existing plan, a plan must be started as soon as practicable once they have been placed in the Oranga Tamariki chief executive’s custody.
Policy: Transitions within care
Interpreters when English is not the first or preferred language
The key social worker has lead responsibility for the All About Me plan. They must:
- gather information to inform the plan from:
- the rangatahi or te tamaiti
- family, whānau, hapū and iwi
- the remand home kaimahi
- the caregiver
- other professionals who provide ongoing support to the rangatahi or tamariki
- work with any other social worker to share information about the current All About Me plan
- ensure the All About Me plan includes goals and outcomes for the rangatahi or te tamaiti 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 and lead multi-agency team meetings 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.
The key social worker must visit the rangatahi or te tamaiti while they are in the home to ensure they are getting the support they need. Visiting requirements are set out in their All About Me plan. Consideration should also be given as to whether the current frequency of visits outlined is sufficient or whether increased visits may be appropriate given the change in circumstances.
Guidance: Visits with tamariki and rangatahi in care or custody
The key social worker must lead the review of the ongoing need for detention every 14 days.
Guidance: 14-day reviews of tamariki and rangatahi in a residence or Corrections youth unit
All rangatahi or tamariki who enter a remand home must have a placement record created in CYRAS to reflect this.
Staff resource: Creating a placement record | CYRAS handbook
Remand home kaimahi responsibilities
Remand home kaimahi must:
- have regard to mana tamaiti (tamariki) and the whakapapa of rangatahi and tamariki Māori and the whanaungatanga responsibilities of their whānau, hapū and iwi and seek guidance as appropriate, using Te Toka Tūmoana as guidance
- observe engagement principles for individual cultures when working with young people, children, and their families from Pacific cultures, using Va'aifetū as guidance
- consider the language, culture and identity of every rangatahi or tamaiti
- ensure that rangatahi or tamariki of all cultures receive:
- their rights and entitlements as set out in the National Care Standards
- support to participate and freely express their views and have those views considered
- support through structured, purposeful programmes, activities and access to services (including therapeutic interventions and community education programmes) tailored to their specific needs, culture and identity
- support that reflects the right of rangatahi and tamariki Māori to be connected to their culture and whakapapa
- support implementation of the All About Me plan, including:
- ensuring they have the information they need to carry out their responsibilities
- working with partners, such as education providers
- supporting visits and other contact with family, whānau, hapū, iwi and significant others
- supporting the work of the multi-agency team
- keep the social worker updated on progress and the development of the rangatahi or te tamaiti during their stay to inform the All About Me plan, including:
- the immediate health needs of the rangatahi or te tamaiti and how these will be met
- any risks the rangatahi or te tamaiti may pose to the health and safety of themselves and/or others in the home and how the rangatahi or te tamaiti will be supported to address and mitigate these risks
- 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 rangatahi during their stay at the remand home
- support the rangatahi or te tamaiti to record important life events (or record events themselves if the rangatahi cannot do so, wants support to do so or is unwilling to do it themselves)
- ensure support is provided for:
- managing belongings
- recording life events
- making complaints or raising concerns.
The home manager has a responsibility for relationships with local iwi and Māori and other organisations needed to support rangatahi and tamariki in the home (including other cultural needs).
Working with Māori: Te Toka Tūmoana
Guidance: Practice for working effectively with Māori
Working with Pacific peoples: Va'aifetū
Section 7AA Quality Assurance Standards | orangatamariki.govt.nz
De-escalation
All remand home kaimahi must be trained in Safety InterventionTM (formerly Managing Actual and Potential Aggression – MAPA) or another Oranga Tamariki approved de-escalation strategy.
Remand home kaimahi must use their best endeavours to de-escalate situations when there is an action or potential risk of harm. Remand home kaimahi must avoid the use of physical restraint whenever possible. Physical restraint must only be used when there is no other way to prevent serious and imminent harm, in accordance with policy and guidance.
We can only consider use of physical restraint to prevent serious and imminent harm, such as self-harm or actions that pose a serious and imminent risk of harm to others.
When rangatahi or tamariki leave the home without permission
If the rangatahi or te tamaiti 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 missing persons protocol.
Policy: Working with tamariki and rangatahi who are missing, or whose absence is unauthorised
Responding to allegations of inappropriate conduct by remand home kaimahi or caregivers
Any allegation of inappropriate conduct by remand home kaimahi must be investigated.
The allegations of harm of tamariki in care or custody policy must be followed when allegations of harm of rangatahi or tamariki occur or are alleged, including those by:
- remand home kaimahi
- remand home caregivers
- rangatahi or tamariki in the remand home.
The allegations of harm of tamariki in care or custody policy also applies to incidents of harm prior to the rangatahi or te tamaiti being in the remand home.
Guidance: Child Protection Protocol (CPP)
Staff resources:
Preparing to leave the remand home
Social workers and remand home kaimahi have different responsibilities when the rangatahi or te tamaiti is preparing to leave the remand home.
Youth justice social worker responsibilities
All rangatahi or tamariki leaving a remand home must have a planned transition to their new placement 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. As part of planning a transition, the key social worker must:
- engage with:
- the rangatahi or te tamaiti
- whānau or family and others important to the rangatahi or te tamaiti
- remand home kaimahi
- people from the placement they are transitioning to (such as caregivers or residence kaimahi)
- professionals who will provide ongoing support and interventions during and post placement at the remand home
- the transitions to adulthood service if the rangatahi or te tamaiti is eligible for this support
- consider planning a hui ā-whānau as part of understanding transition options as soon as the rangatahi or te tamaiti enters the home
- consider potential bail conditions in the future or 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, remand home kaimahi must support the key social worker to update the All About Me plan, including to:
- ensure the key social worker has the information they need to carry out their responsibilities
- work with partners to ensure continuity of services – for example, education
- ensure the multi-agency team is aware of the change of address
- ensure the health needs and oranga (wellbeing) requirements of the rangatahi or te tamaiti that need to be monitored once they have moved to another care arrangement are identified and recorded
- identify any residual risks the rangatahi or te tamaiti may pose to the health and safety of themselves or others on release from the home and how the rangatahi or te tamaiti will be supported to address and mitigate these risks
- include any views that the rangatahi or te tamaiti, their whānau and others supporting them have shared with remand home kaimahi
- identify how to best support rangatahi and tamariki Māori to maintain or strengthen their sense of belonging through cultural identity and connections to whānau, hapū and iwi upon leaving the remand home
- ensure how the cultural needs of other rangatahi or tamariki are maintained and enhanced
- identify any key actions to prepare whānau and families for the return home or transition into the community of their rangatahi or tamariki
- ensure 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 Children’s Commissioner, who has a monitoring role (under the Crimes of Torture Act 1989) due to the detention component of remand homes.
We must:
- provide information requested – the Children’s Commissioner Act 2003 and Care Standards provision for independent monitoring mean we must provide information requested to meet monitoring functions
- support access to rangatahi, tamariki, 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.