Youth Court

Ngākau whakairo

What can I do to make sure that te tamaiti or rangatahi and their whānau or family are able to participate meaningfully in the court process and have their views and wishes really heard?

Ngākau whakairo practice framework domain

Whai mātauranga

What and whose knowledge am I drawing on to understand the circumstances that led to te tamaiti or rangatahi appearing in the Youth Court?

Whai mātauranga practice framework domain

Whai oranga

How am I supporting te tamaiti or rangatahi  and their family, whānau, hapū and iwi to be clear about their collective responsibilities for ensuring success for te tamaiti or rangatahi, both in the plan and in the long term?

Whai oranga practice framework domain

Whai pūkenga

Have I properly represented the strengths of te tamaiti or rangatahi and their whānau or family to the court as part of retaining their mana through the court process?

Whai pūkenga practice framework domain

Whai ākona

What have I learned through my experiences of working with te tamaiti or rangatahi appearing in the Youth Court? What helped them, and what would I do differently when working with other tamariki and rangatahi appearing in the Youth Court?

Whai ākona practice framework domain

A social worker must accompany a tamaiti or rangatahi who is in the custody or guardianship of the chief executive if they are required to appear in the Youth Court.

In most Youth Court list hearings, the chief executive is represented by a court officer who stays throughout the sitting. Their role is to help to manage remands into custody, ensure reports are available when required, and speak on behalf of the chief executive on routine matters.

Youth justice coordinators may attend the Youth Court to respond to specific questions by the judge about a family group conference – for example, when a family group conference will be held or the specific outcome of a family group conference.

Oranga Tamariki solicitors do not regularly appear in the Youth Court as the chief executive is not usually the 'applicant' in Youth Court proceedings. A solicitor may appear on a Breach Application, as the chief executive is the applicant in that circumstance.

If a tamaiti aged 12 or 13 years old appears in the Youth Court, a youth advocate must be appointed by the court and must always be present.

Always consult an Oranga Tamariki solicitor and discuss with the solicitor whether it would be helpful for them to appear.

If you are in court and unsure about a question you've been asked, you can ask the court to give you time to consult with a solicitor or your supervisor.

Working in the Youth Court Te Kōti Taiohi o Aotearoa

Plans for education must be developed in consultation with parents or legal guardians. Consideration must also be given to supporting access to parenting education, mentoring, and alcohol and drug programmes.

The plan must ensure that significant relationships (including those with siblings) and connections (including to significant places such as marae) are supported and maintained.

Tamariki and rangatahi in the care or custody of the Oranga Tamariki chief executive must also have an All About Me plan that will support the Youth Court plan.

Policy: All About Me plan

When planning, we must recognise and have regard to:

• mana tamaiti (tamariki or rangatahi)
• the whakapapa of tamariki and rangatahi Māori
• the genealogical and family connections of tamariki or rangatahi
• the whanaungatanga responsibilities of family, whānau, hapū, iwi and family group
• cultural support needs
• values, cultural beliefs and practices of te tamaiti or rangatahi and their whānau or family.

The views of te tamaiti or rangatahi must be taken into account in any plan. Te tamaiti and rangatahi must also be able to:

• freely express their views through the planning process
• participate in the preparation of their plans
• review their plans.

All About Me plan to meet the needs of tamariki and rangatahi

Planning for the Youth Court Te Kōti Taiohi o Aotearoa

Policy: Holding a youth justice family group conference

Wherever practicable and appropriate, we must consult with te tamaiti or rangatahi and their family, whānau, hapū, iwi and family group and other people and organisations on any information about them that may be disclosed to the Youth Court.

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Policy: Participation of tamariki – providing information, ensuring understanding and incorporating their views

Consulting about sharing information

Plans must:

• contain clear objectives
• clearly indicate how objectives will be met (effectiveness reports must show how the objectives have already been met)
• state who will be responsible for defined actions
• outline the timeframes within which they will be achieved
• be sent to the court at least 1 to 3 days before the next scheduled court appearance.

Planning for Youth Court Te Kōti Taiohi o Aotearoa

Supporting te tamaiti or rangatahi and their family or whānau

The support te tamaiti or rangatahi and their family or whānau is receiving should be documented in the plan. This means that:

• we must engage with te tamaiti or rangatahi and their whānau or family early in order to identify the supports needed
• the views of family, whānau, hapū, iwi and family group must be considered in developing the plan
• the plan must be implemented, monitored and reviewed in the agreed timeframes
• contact with te tamaiti or rangatahi and their family or whānau must occur at the frequency necessary to support the plan and the needs of te tamaiti or rangatahi.

Family group conference plans

Sending the family group conference plans to the Youth Court

The youth justice family group conference coordinator must send a signed copy of the family group conference plan to the Youth Court so it can be placed on the file of te tamaiti or rangatahi. The plan must be sent to the Youth Court a minimum of 24 hours before the next scheduled court appearance.

This still applies when the family group conference has not reached an agreement. In this case, the Record of Decisions made by the family group conference will simply record that no agreement was reached.

Court sanction of the family group conference plan

At the Youth Court, the judge considers any decisions, recommendations and plans made at a family group conference before taking any action regarding the offending.

Where the plan recommends an order under section 283, the following reports will be directed by the court to be completed to support the court's decision-making:

• section 334 report for orders made under section 283(ja), (jb), (jc), (k), (l), (m), (n) or (o) or section 296G and may be requested for section 283(a)–(j)
• section 335 implementation plan to accompany the section 334 report where the order is made under section 283(ja), (jb), (jc), (k), (l), (m) or (n).

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Unless the court directs otherwise, a social worker must monitor and review all plans agreed at the Youth Court as required by the Oranga Tamariki Act 1989 (for example, because of a custodial or supervisory role).

Policy: Convening the youth justice family group conference

Policy: Holding the youth justice family group conference

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Effectiveness reports

An effectiveness report must be filed with the Youth Court on the expiry of the following orders:

• parenting programme – including orders made against te tamaiti or rangatahi and against the parent or guardian or other person having the care of te tamaiti or rangatahi
• mentoring programme
• alcohol or other drug rehabilitation programme
• supervision
• community work
• supervision with activity
• supervision with residence
• intensive supervision.

The person or organisation providing the community work or providing a programme (if they are named on the order) must provide the effectiveness report.

If te tamaiti or rangatahi has been under the supervision of any other person or organisation (if they are named on the order), then the report must be prepared by that person or organisation.

When several orders are in place naming the chief executive, the social worker must prepare separate effectiveness reports for each order.

The report must provide enough detail to enable the court to ascertain how effective the order has been for te tamaiti or rangatahi (section 320(4)). Any report prepared by a social worker must be approved by the youth justice supervisor.

Section 66C of the Oranga Tamariki Act 1989 enables us to request information relating to the wellbeing and best interests of tamariki only from child welfare and protection agencies or independent persons. These provisions may be used when addressing wellbeing issues relating to tamariki or rangatahi involved with youth justice proceedings.

Requesting information

Supervision order – section 283(k)

Supervision orders of 8 months or longer must be reviewed no later than 6 months after the order takes effect, as required by section 319A.

Policy: Convening the youth justice family group conference

Supervision with residence order – section 283(n)

The section 335 plan for a proposed section 311 supervision with residence order prepared by the social worker must contain the name of the proposed residence. Ultimately, the decision to place tamariki or rangatahi in a youth justice residence rests with the court.

If off-site visits or activities are anticipated when the section 335 plan is prepared, they must be included in the plan. This would require prior planning with the residence before the order commences.

Any anticipated or possible time away from the residence should also be included in the plan that is submitted to the court.

Te tamaiti or rangatahi must be placed in the residence that is identified in the section 335 plan once the plan has been approved by the court.

The Tuituia assessment of te tamaiti or rangatahi must also be reviewed at this time. Subsequently, the All About Me plan and Youth Justice Residential Plan (if this is in place) must be updated to take into consideration the new care arrangements. We must ensure tamariki or rangatahi are prepared and supported to have their needs, including cultural needs, met while in the residence.

For tamariki or rangatahi under a care or custody order in the community or in a residence, their All About Me plan is the primary plan we work from and supports any overarching family group conference or court plan. In some cases, some of the more detailed needs of, and support for, tamariki and rangatahi may be captured in another plan. Where this occurs, the detailed plan must be referenced and linked to the All About Me plan.

Policy: Working with tamariki and rangatahi in residences

If there is a need to transfer te tamaiti or rangatahi to another residence, we must seek and obtain the approval of the court (section 312(3)) before the transfer. When this occurs, we must also contact:

• Youth Justice Service Support Team – National Office
• the manager of the residence to which te tamaiti or rangatahi is being transferred to.

The key social worker is responsible for applying to the Youth Court for approval to transfer te tamaiti or rangatahi from the existing residence to another residence. They should seek legal advice.

Judicial monitoring of supervision orders

The court may direct judicial monitoring of one or more conditions of a supervision order or supervision with activity order if te tamaiti or rangatahi fails to comply satisfactorily with the conditions of their order.

A direction for judicial monitoring requires te tamaiti or rangatahi to attend the Youth Court at least every 3 months. A social worker must provide a written progress report for the first of those judicial monitoring court appearances. The court may also direct further social work progress reports.

The Police or a social worker may also ask the court to issue a summons directing te tamaiti or rangatahi to attend the court for judicial monitoring. We must endeavour to support te tamaiti or rangatahi to attend the court. If te tamaiti or rangatahi then fails to attend the court, the court may issue a warrant to arrest.

Failure to comply with judicial monitoring may result in the making of an intensive supervision order or a curfew with electronic monitoring.

Intensive supervision order (section 296G)

Review of orders made for 8 months or more

The social worker must review the section 335 court plan when the following orders are made for 8 months or more:

• mentoring order
• alcohol and other drug rehabilitation programme order
• supervision order (if it accompanies a supervision with residence order).

The social worker must provide the court with a report setting out the results of the review and a revised plan within 6 months of the order coming into effect.

The report must:

• cover which objectives of the plan have been achieved
• outline what needs to occur for the remainder of the objectives to be achieved.
• contain a statement about whether the recommendations are agreed to by the people referred to in section 191
• record the views of te tamaiti or rangatahi and give reasons if those views were not followed.

Any recommendations in the report must:

• state whether any orders in place should continue in force, or be varied, suspended, or discharged
• consider whether any condition of the order should be continued in force, or be varied, suspended or discharged
• outline reasons for any such recommendations.

Wherever practicable and appropriate, we must consult with te tamaiti or rangatahi and their family, whānau, hapū, iwi and family group and other people and organisations on any information about them that may be disclosed to the Youth Court.

The court will specify the review date when it makes the order.

If the social worker considers that te tamaiti or rangatahi has failed to comply without reasonable excuse, then they may make a failure to comply application under section 296B.

Any applications must be discussed with the Oranga Tamariki solicitor, who may then check the paperwork (as the application is filed in their name). The document cannot be filed in the name of the solicitor unless it has been reviewed or authorised by that solicitor.

If it is necessary to vary, suspend, cancel or substitute the court orders, the social worker must file an application in the Youth Court. Each application must also be served on te tamaiti or rangatahi and the parent or guardian or other person having the care of te tamaiti or rangatahi.

The social worker must also send a copy of the application to the youth advocate of te tamaiti or rangatahi. In some circumstances, this will be with a lay advocate if they have been appointed.

Responses to failure to comply with orders by the Youth Court

When the social worker sees that te tamaiti or rangatahi is not complying with some of the conditions of the order, the social worker must specify to the court which condition or conditions of the order te tamaiti or rangatahi has failed to comply with. The social worker must check with their solicitor before filing the application.

Where the application is defended, the court hearing process must be managed by a Legal Services solicitor.

If the court is considering cancelling the original order and substituting another in its place, it must direct a family group conference to be held first (section 281(2)). This must be convened within 14 days of the Youth Court direction.

Warrant to arrest te tamaiti or rangatahi who has failed to comply to ensure attendance at court

The Youth Court can issue a warrant to have te tamaiti or rangatahi arrested and brought before the Youth Court.

Warrant to arrest rangatahi to ensure attendance at court (section 296C)

If the court is satisfied that the early release criteria have been met, then te tamaiti or rangatahi must be released from section 311 custody immediately. The supervision order will then start.

To help the court decide if te tamaiti or rangatahi should be released early from custody, the residential case leader must prepare a section 314 report.

The social worker prepares the section 335 plan for the supervision order, which will identify what interventions are required to support te tamaiti or rangatahi.

The needs and potential risks for te tamaiti or rangatahi must be clearly identified by the Tuituia assessment and other assessments as required.

Even if we have a belief that te tamaiti or rangatahi is unlikely to receive an early release, the section 335 plan must still be completed and filed with the court, as the final decision remains with the presiding Youth Court judge.

Early release not supported or contentious

When early release for te tamaiti or rangatahi is not supported by Oranga Tamariki, the residential case leader must seek legal advice from their regional solicitor before submitting the section 314 report to the Youth Court. This must be done at least 3 working days before the hearing day.

The social worker must also file the section 334 report and section 335 plan at this time if the supervision order has not already been made.

In particularly difficult cases, the attendance of the solicitor at the Youth Court should be considered. Consultation with the Legal Services solicitor and notification of the court date should occur as soon as practicable. If a tamaiti aged 12 or 13 years old appears in Youth Court, a youth advocate must be appointed by the court and must always be present.

Always consult an Oranga Tamariki solicitor and discuss with the solicitor whether it would be helpful for them to appear.

Release of tamariki or rangatahi who do not receive an early release and non-release days

If te tamaiti or rangatahi is not granted early release under section 314, then they must be released from custody on the date that the supervision with residence order expires, unless that day is a 'non-release' day as identified in section 317 of the Oranga Tamariki Act 1989.

When supervision with residence order ceases to have effect – section 317 of the Oranga Tamariki Act 1989 

If a supervision with residence order expires on a non-release day, te tamaiti or rangatahi must be released on the day immediately before the non-release day. The social worker must take this into consideration when completing the section 334 report and section 335 plan for the Youth Court.

On release, day-to-day care of te tamaiti or rangatahi will go back to the person(s) who had custody of te tamaiti or rangatahi immediately before the order was made.

Supervision with residence order