Listen to this policy:
Policy
Working with tamariki and rangatahi who are missing, or whose absence is unauthorised
This policy outlines our responsibilities and the process to follow when one of our tamariki or rangatahi is missing or their absence is unauthorised.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 will I ensure the views and voice of te tamaiti or rangatahi are heard even while they are absent or missing?
Ngākau whakairo practice framework domain
Whai mātauranga
How do the knowledge and narratives of whānau or family help me better understand the situation for te tamaiti or rangatahi? What other knowledge and perspectives do I need to consider?
Whai mātauranga practice framework domain
Whai oranga
How does working together with te tamaiti, rangatahi, whānau or family help me understand the collective oranga that te tamaiti or rangatahi is part of? How will this deepen my understanding of oranga for te tamaiti or rangatahi?
Whai oranga practice framework domain
Whai pūkenga
How can I use my skills to understand why te tamaiti or rangatahi has gone missing? Is my reasoning considering the culture, gender, identity, age, development and disability needs for te tamaiti or rangatahi?
Whai pūkenga practice framework domain
Whai ākona
How will supervision help me reflect on the relationship I have with te tamaiti or rangatahi and their whānau or family and caregivers to ensure I have genuinely listened to their voices?
Who this policy applies to
This policy applies to all tamariki and rangatahi in the care or custody of the chief executive, including those subject to youth justice plans and/or orders.
Definition of unauthorised absence and missing
The legal term absconding includes leaving or being taken from a placement or the care of a caregiver without authority or neglecting or refusing to return. In practice, we usually use absconding when referring to rangatahi in a youth justice placement. (Our responsibilities when a rangatahi absconds from a youth justice placement where they are detained are detailed below.)
Children and young persons who abscond – section 385(1) of the Oranga Tamariki Act 1989
When a tamaiti or rangatahi leaves their care arrangement without authority, we use the terms:
- unauthorised absence – this is when a tamaiti or rangatahi leaves their care arrangement without permission (including when they neglect or refuse to return), and their location is known or quickly established
- missing – this is when the whereabouts of a tamaiti or rangatahi is unknown, they can't be contacted and no-one significant to them knows where they are (they are considered missing until they are located, and their safety and wellbeing is established).
When a tamaiti or rangatahi is in the custody of the chief executive, the chief executive has the power to place them and the power to return them to their care arrangement. We have a responsibility to know where every tamaiti and rangatahi in our care is and that they are safe.
Process to determine if a tamaiti or rangatahi is missing or their absence is unauthorised
For situations where a rangatahi has absconded under a youth justice detention status, see below. For others, as soon as we are informed that a tamaiti or rangatahi is absent, we must identify with our supervisor the steps to determine whether they are missing or their absence is unauthorised.
This must include:
- considering and discussing factors that impact on the risk for te tamaiti or rangatahi, including their age, health, behaviours, recent events, potential stressors or triggers and whether this is a regular behaviour or pattern
- making regular attempts to contact te tamaiti or rangatahi by phoning and texting
- contacting other people who know te tamaiti or rangatahi and might be able to advise about where they are or where they might be
- considering advising parents/guardians and whānau or family to:
- ensure they are informed about significant events impacting upon the wellbeing of te tamaiti or rangatahi
- seek their views and suggestions about where their tamaiti or rangatahi might be and how to find them and return them to their care arrangement
- agree on how often we will update them on progress
- contacting people at places where te tamaiti or rangatahi was last seen or the places they were meant to be, the people they were last with and the people they were meant to be with.
You do not need to wait 24 hours to report a tamaiti or rangatahi missing. However, a tamaiti or rangatahi must meet the missing person criteria (set out above) and the factors above need to be considered before a report is made to the Police. If we believe there is an immediate risk to the safety of te tamaiti or rangatahi, we must consider them missing and urgently refer the matter to the Police, while continuing with the steps outlined below.
In addition, we must:
- record in CYRAS any enquiries made, and actions undertaken
- discuss and review with our supervisor what actions have been undertaken and what updated information we have about te tamaiti or rangatahi to decide whether they are missing or their absence is unauthorised, and follow the corresponding process (described below)
- record in CYRAS any determination about whether te tamaiti or rangatahi is missing or their absence is unauthorised.
As soon as it is determined that te tamaiti or rangatahi is missing, you must follow the missing person process. We must regularly review the steps taken and the decisions made and consider whether the process needs to change from unauthorised absence to missing person.
If the absence of te tamaiti or rangatahi is unauthorised
If we know where te tamaiti or rangatahi is, we must try to talk to them about returning to their care arrangement. If they refuse to return, we must seek to understand why and what can be done to address any issues or concerns.
If we know where te tamaiti or rangatahi is but they refuse to engage with us, we must:
- talk to their whānau or family about how to engage with them and how to return them to their care arrangement, or try to contact someone else who has a relationship with te tamaiti or rangatahi to find out their views about the best way to contact and engage with te tamaiti or rangatahi
- continue to try to contact and engage with them
- if required, access supports to address any immediate safety concerns
- consider, only when we have grave concerns for their safety or wellbeing, whether the use of detainment or removal is needed
- record in CYRAS:
- the decision that the absence is unauthorised
- enquiries made
- actions undertaken.
If te tamaiti or rangatahi absconds from a youth justice placement where they are detained
If a tamaiti or rangatahi has been absent for an extended period or they are repeatedly absent from their care arrangement, we must review this.
Tamariki or rangatahi who go missing repeatedly
If we are not able to either locate te tamaiti or rangatahi or return them to their care arrangement then we must treat them as a missing person (see below).
If a tamaiti or rangatahi is missing
If we determine that te tamaiti or rangatahi is missing, we must:
- make a missing person report to the Police – complete a CYRAS template (POL 62) and email it to otmp@police.govt.nz
- continue to regularly phone or text te tamaiti or rangatahi
- continue to visit and contact places where it is known te tamaiti or rangatahi spends time or people known to te tamaiti or rangatahi
- work in partnership with whānau or family, considering their views about where their tamaiti or rangatahi might be and how best to find them
- keep whānau or family, caregivers and care providers updated on actions undertaken and progress made.
If an urgent response is needed, we must call the Police on 111.
Communication with Police
We must maintain contact with the Police throughout the process of dealing with a missing person. We must inform them:
- how we've tried to contact te tamaiti or rangatahi and any new information gathered – at a minimum, we must make contact with the Police on days 1, 7, 21 and 50
- when te tamaiti or rangatahi is found.
If there is any consideration given to contacting the media, then both Oranga Tamariki and the Police must discuss this and agree on the content.
What we must do when te tamaiti or rangatahi is found
We must meet with te tamaiti or rangatahi as soon as possible to establish their safety and to address any immediate needs, and subsequently to understand:
- why they went missing
- where they were staying while missing – and why they were staying there
- what happened while they were missing.
If we identify that they were harmed, we must follow the relevant process with the support of our supervisor. This may include making a report of concern, requesting a medical assessment or making a police statement. It may also involve following other policies, such as for allegations of abuse, neglect or harm of tamariki by caregivers.
We must also:
- advise the previous caregiver if te tamaiti or rangatahi is not being returned to their care
- complete the Missing Person Located form (POL 67a) on CYRAS and email it to missing_persons@ot.govt.nz – if they are found outside of business hours, then the national contact centre will complete the form and advise the Police
- liaise with the caregiver social worker to ensure that the caregiver feels supported.
If we have found te tamaiti or rangatahi but they are not willing to leave where they have been and only when we have serious concerns for their safety and wellbeing, following discussion with our supervisor, we must consider contacting the Police to discuss removal. We do not have the power to do this ourselves. In these circumstances, and once their location is known, consider and apply the requirements for an unauthorised absence as above.
Tamariki or rangatahi who go missing repeatedly
When a tamaiti or rangatahi is reported missing twice in a week or three times in a month, or there are serious risks identified, we must:
- review with our supervisor:
- patterns when te tamaiti or rangatahi goes missing
- possible triggers for going missing – change in circumstances, recent events, identified stressors
- how we can better understand the underlying reasons for going missing
- how we could do things differently
- what supports we could offer
- talk with:
- te tamaiti or rangatahi to hear their views and feelings for the purpose of trying to understand what is happening for them and what they want or need
- the caregiver or residential staff
- the whānau or family to ascertain their views about what is happening and what is needed
- hold a case consultation.
Following the review and case consultation, we must:
- record the action plans in CYRAS and the CGIS caregiver record, if appropriate
- update the All About Me plan.
If te tamaiti or rangatahi absconds from a youth justice placement where they are detained
If te tamaiti or rangatahi who is:
- arrested under section 235 and placed in the custody of the chief executive by the Police before their first Youth Court appearance
- detained under section 238(1)(d) in the custody of the chief executive before their hearing
- sentenced under section 311 to Supervision with Residence
absconds either directly from, or while being escorted to or from, the remand home or youth justice residence where they have been placed, they have escaped their place of detention. This is an offence, and they could potentially be charged.
If te tamaiti or rangatahi has escaped detention, we must:
- call the Police on 111 informing them of this, stating clearly their legal status
- follow the missing person process.
The power to detain and use force to remove or return te tamaiti or rangatahi to a residence or remand home
Only the Police and staff of residences administered by the Crown (excluding Te Poutama Arahi Rangatahi) have the power to detain tamariki or rangatahi without a warrant and return them to the residence or placement. (The chief executive also has this power, but it is not currently delegated.)
The Police or a social worker may only use force to remove or return te tamaiti or rangatahi to their authorised placement with a warrant issued under section 386 of the Oranga Tamariki Act 1989. Legal Services can help us if we consider a warrant is needed. Only a team leader may apply under current delegations.
Search warrants – section 386(1A) of the Oranga Tamariki Act 1989