Youth justice family group conference – convening the conference

If a rangatahi is alleged to have reoffended after they have a Young Serious Offender declaration, a family group conference is no longer a requirement before going back to the Youth Court unless the offending has been denied and the judge has directed a custody family group conference under section 247(c). The Youth Court retains the discretion to direct the family group conference at any stage.

An assessment report is required to inform the family group conference if a Young Serious Offender declaration application may be made.

The youth justice coordinator is responsible for ensuring the youth justice family group conference:

• recognises and addresses the oranga needs of te tamaiti or rangatahi and the underlying causes of the offending or alleged offending
• sees te tamaiti or rangatahi in the context of their whakapapa and takes a holistic approach to addressing the offending or alleged offending
• encourages te tamaiti or rangatahi to accept responsibility for the offending (if they admit the offending or it has been proven)
• provides support and assistance to whānau or family to strengthen their ability to support their tamaiti or rangatahi and prevent future offending
• considers the rights, interests and views of victims
• considers how the alleged offending can be dealt with outside of court
• considers the implications of the Young Serious Offender declaration for a rangatahi where an application is being considered by Police.

When the family group conference is being convened on the grounds of section 14(1)(e) of the Oranga Tamariki Act 1989, the wellbeing and best interests of the child are the 'first and paramount' consideration rather than the 4 equal and primary youth justice principles.
Oranga Tamariki Act 1989

Where a Young Serious Offender declaration is being considered, consultation with the Young Serious Offender practice leader and Legal Services is also available.

Police will inform the youth justice coordinator in writing as soon as practicable if there is a possibility they may apply for a Young Serious Offender declaration. Police must inform Oranga Tamariki at least 1 day before the family group conference is to be held for the alleged offending (section 320C(2)). At this point, consideration should be given about whether there is sufficient time ahead of the family group conference being held for the social worker to gather and present information about the circumstances and options associated with the Young Serious Offender proposed by Police.

When the youth justice coordinator has been advised that Police may apply for a Young Serious Offender declaration, they must:

• liaise with the youth justice supervisor to allocate a social worker, if one is not already allocated
• advise the Young Serious Offender practice leader by emailing yso@ot.govt.nz
• tick the ‘YSO Declaration Eligibility’ box on the FGC Convene and Plan
• casenote details of any information or discussion with Police regarding the Young Serious Offender application
• work with the youth justice supervisor and social worker to determine timing for the family group conference – consider the time the social worker will need to gather information about the circumstances and options associated with the Young Serious Offender declaration proposed by Police. 

Timeframes for convening

The youth justice coordinator is responsible for meeting the specified timeframes for convening.

For a rangatahi who is subject to a Young Serious Offender declaration and has further offended (alleged or proved), the court can direct a family group conference to be convened within 14 days and completed within 7 days after it is convened, unless it directs otherwise.

Guidance: Timeframes for youth justice family group conferences

When a referral for a family group conference under section 14(1)(e) grounds is received, the youth justice coordinator must ensure that a whānau or family meeting to consider oranga of te tamaiti with a focus on immediate safety and support needs is held within 7 working days of the referral consultation. Use Tiaki Oranga to support your planning and decision-making about current safety. Preparation for this meeting will begin as soon as the referral consultation has been completed.
Tiaki Oranga
Joint family group conference protocol for children who offend (PDF 561 KB)

Referral consultation with the enforcement agency following a referral for a family group conference

The youth justice coordinator must consult with the referrer when family group conference referrals have come from Police or another enforcement agency such as Ara Poutama Aotearoa (Department of Corrections). The referral consultation must explore the opportunity to address the matter away from criminal proceedings with consideration of the offending history of te tamaiti or rangatahi, and the rights of victims and the public to be safe and secure.

If a Young Serious Offender declaration is being considered by Police, consultation must also explore their reasons for the application, including the likelihood of reoffending, evidence that previous section 283 interventions have not worked and that the declaration is necessary to promote compliance.

Whether Police are considering an application for a Young Serious Offender declaration or not, preparation for the whānau or family meeting or hui ā-whānau begins as soon as the referral consultation has been completed. The youth justice coordinator together with the youth justice supervisor (and social worker, if allocated) must agree who is the most appropriate person to arrange the whānau or family meeting or hui ā-whānau. 

When the referral is under section 14(1)(e) grounds, consideration must include the number, nature and magnitude of the alleged offending.

Family group conference not required in certain cases – section 248 of the Oranga Tamariki Act 1989

Before the consultation, the youth justice coordinator must:

• request from Police (or the other enforcement agency that made the referral):
  • a copy of the Youth Offending Risk Screening Tool (YORST)
  • written notification of the possibility they may apply for a Young Serious Offender declaration (if not included in the family group conference referral)
  • a copy of the Young Serious Offender declaration application (if applicable)
  • a summary of facts for the alleged offence
  • the contact details of te tamaiti or rangatahi (and their whānau or family, where available)
  • the contact details of the victim (or the victim's parents or caregivers if the victim is young)
  • any history of alternative action taken with te tamaiti or rangatahi
  • the reparation schedule (where relevant)
  • any other relevant information to understand the impact on victims and whether there is an increased risk to public safety when considering an appropriate care arrangement
• consult with the care and protection and youth justice supervisor when te tamaiti or rangatahi has recent or current care and protection involvement, to understand our current involvement.

The youth justice coordinator must bring relevant information and understanding about te tamaiti or rangatahi to the consultation to inform discussions and decisions about diversion – this includes current or recent care and protection involvement and additional relevant information if the nature of the offending or alleged offending is serious or repeated.

If issues around family violence, protection orders or other personal safety orders are identified, the youth justice coordinator must:

• discuss the details of these orders with the enforcement officer, including why they were made and who is covered by the order
• consider how the oranga of te tamaiti or rangatahi and their whānau or family may be impacted (including any potential revictimisation) by their involvement with the family group conference
• address any safety issues so no one is put at risk during convening or the holding of the family group conference
• ensure entitled people are aware if a person covered by such an order is attending.

Definition: Family violence

Coercively controlling violence

Preparation for the whānau or family meeting (for a referral on section 14(1)(e) grounds) will begin as soon as the referral consultation has been completed. The youth justice coordinator together with the youth justice supervisor agree the most appropriate person to arrange the whānau or family meeting. 

Response to additional offending

If further offending comes to Police attention during the family group conference convening or holding stages (including on section 14(1)(e) grounds), consultation must occur between the youth aid officer and youth justice coordinator to consider whether the new offences can be included within the current family group conference.

Consideration should be given to whether there is sufficient time to convene the new offences, including reasonable time to consult with the victims and ensure they are able to prepare and participate in way that is meaningful for them if they wish to do so.

We must review any plans or supports in place as part of any previous whānau or family meeting to:

• identify any new oranga concerns for te tamaiti or rangatahi and additional actions that can promote public safety
• strengthen the accountability of te tamaiti or rangatahi
• reduce further reoffending and victimisation.

This will help in the development of an updated plan.

If it is not feasible or there is no agreement to bring the new offences into the current family group conference, a new referral and consultation must occur with a separate family group conference to be held.

Responding to additional offending when there is a Young Serious Offender declaration in place

If a rangatahi is alleged to have reoffended while they have a Young Serious Offender declaration, a family group conference is no longer a requirement before going back to the Youth Court unless:

• the offending has been denied, and
• the judge has directed a custody family group conference under section 247(c).

The Youth Court retains the discretion to direct the family group conference at any stage.

When no family group conference is directed, we must consider convening a Young Serious Offender whānau or family meeting as the alternative means of exploring:

• available responses to balance the oranga of the rangatahi
• public safety and interests
• the interests of victims
• the accountability of the rangatahi for their offending

As this is not a family group conference, the legal protections of a family group conference do not apply.

Preparation for the convening of a Young Serious Offender whānau or family meeting starts as soon as we know that a family group conference has not been directed by the court. The allocated youth justice social worker together with the youth justice supervisor agree who is the most appropriate person to arrange and hold the meeting and how the voice of any victim will be represented in the process.

Young Serious Offender whānau or family meeting

We must ensure that the rangatahi is supported to talk with their youth advocate.

If neither a family group conference nor a Young Serious Offender whānau or family meeting is held, the required information (including the views of the victim) will still need to be sought and reported back to the court as directed.

Policy: Young Serious Offender

Our work relating to a Young Serious Offender declaration

When legal advice to the rangatahi must be considered

When te tamaiti or rangatahi is referred by Police for an intention-to-charge family group conference, the youth justice coordinator must encourage and support the whānau or family to access legal advice. This is particularly important when te tamaiti or rangatahi is facing serious charges.

If te tamaiti or rangatahi may be charged with an offence punishable by 10 years or more imprisonment, we must ensure they have a youth advocate to represent them. This can be a lawyer chosen by te tamaiti or rangatahi or their whānau or family, or we can appoint one for them. It is the responsibility of Oranga Tamariki to ensure that they have legal representation throughout the process. This is particularly important as this may become subject to a Young Serious Offender declaration and longer and higher levels of Youth Court orders and monitoring if they reoffend again.

The youth justice coordinator must ensure before the family group conference that the:

• whānau or family are encouraged to seek legal advice
• participants are aware of the legal support options that are available
• participants are aware of their rights in the youth justice system
• rangatahi is supported to talk with their youth advocate if Police inform the youth justice coordinator of the possibility of a Young Serious Offender declaration being applied for.

Guidance: Appointing a youth advocate for an intention-to-charge family group conference – section 248A

Completing the offending profile

The offending profile is an initial screening and recording tool for tamariki and rangatahi who have offended or are alleged to have offended.

The offending profile consultation is the first opportunity to look at what we know about te tamaiti or rangatahi, their whānau or family and the environment they live in.

It helps us determine the appropriate response for each tamaiti or rangatahi based on our understanding of their needs and the underlying causes of their offending behaviour, and their current and future risk of offending.

The youth justice coordinator is responsible for completing the offending profile.

When an offending profile is required

We complete an offending profile:

• the first time te tamaiti or rangatahi is referred or directed for a youth justice family group conference or
• if te tamaiti or rangatahi reoffends and their offending profile is 3 or more months old.

The offending profile consultation

The youth justice coordinator consults with the youth justice supervisor. The consultation may also include the youth justice social worker (if allocated) and others such as care and protection kaimahi if there is current care and protection involvement.

The consultation considers what we know about te tamaiti or rangatahi and their whānau or family to support decisions about next steps including:

• information received from the Police referral consultation including previous offending behaviour of te tamaiti or rangatahi and any previous Police-led alternative action plans
• pattern of offending - increase/decrease in frequency and/or severity, including self-reported offending
• awareness of impact on victim
• remorse for offending
• any previous care or protection assessments or plans including any existing Goal Plans, gateway assessments or education screens
• any current care or protection concerns
• whether anything from the available information indicates te tamaiti or rangatahi is experiencing, or at risk of, self-harm, suicide or psychological distress.

It helps us consider what we understand about their needs and the current and future risk of offending and determine if:

• a social worker should be allocated
• any immediate action is required to address care or protection concerns
• an assessment report is required
• other assessments, such as a health or education assessment, are required to build our understanding before the family group conference
  The education screen
  The Health and Education Assessment Programme (DOC 114 KB)
• a youth justice pre-family group conference case consultation is required
• whether ongoing custody is required if te tamaiti or rangatahi is in a residence (balancing 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).

Recording the outcome of the consultation

The youth justice coordinator records the offending profile consultation in the offending profile on CYRAS, ensuring all relevant documents are uploaded and demographic information is accurate.

The date of the consultation, the attendees, and the outcome of consultation are recorded. This includes the decision about whether an assessment report is required, a rationale for the decision, next steps and a due date for the assessment report if required.

Refer to the Assessment policy for cases that always require an assessment report.

Policy: Assessment

Sharing the offending profile

On completion of the offending profile consultation, the youth justice coordinator ensures the approved offending profile is made available to the:

• youth justice supervisor
• youth justice social worker (if allocated)
• care and protection kaimahi (if involved)
• kairaranga ā-whānau, senior Māori practitioner, Pacific or other cultural advisor, or disability advisor (if involved)
• practice leader (if required)
• others such as the residential case leader and family group conference team leaders (as required). 

Youth justice pre-family group conference case consultation

A pre-family group conference case consultation brings key people together to consider what we know and understand about te tamaiti or rangatahi and what we need to know and do before the family group conference is held.

When is a pre-family group conference case consultation required

A pre-family group conference case consultation (case consultation) must be held:

• before a youth justice family group conference for tamariki aged 10 to 13 years
• before a youth justice family group conference for tamariki or rangatahi placed on section 238(1)(d) custody for a period of at least 72 hours
• before a youth justice family group conference for tamariki or rangatahi who also have current care and protection involvement
• for any other tamariki or rangatahi where the offending profile consultation considers it necessary – this decision is recorded in the offending profile.

Policy: Assessment

Timeframe

The case consultation must be held within 5 working days of the referral consult for tamariki referred for a family group conference on the grounds of section 14(1)(e).    

In other cases, it is important to ensure that the case consultation is held with sufficient time for any required work to be completed before the family group conference is held.

Joint Family Group Conference Protocol for Children Who Offend (PDF 561 KB)

Who attends the youth justice pre-family group conference case consultation

The case consultation will be attended by the youth justice supervisor and youth justice social worker and the youth justice coordinator.

The relevant care and protection social worker and their supervisor will attend if the offending is by a tamaiti or there’s recent or active care and protection involvement for a rangatahi.

The practice leader will attend if the offending is by a tamaiti  or there is current care and protection involvement.

The care and protection coordinator will attend if a care and protection family group conference is being, or has recently been, convened or held.

The residential case leader should attend if te tamaiti or rangatahi is in residential custody.

Where more complex issues are identified, attendance is increased to include all other relevant people including the practice leaders, site solicitor, and professionals working with te tamaiti or rangatahi and their whānau or family.

The Caregiver Recruitment and Support team should be consulted if a living arrangement may be proposed that requires a caregiver assessment.

Who leads the youth justice pre-family group conference case consultation

The case consultation will be led by the youth justice supervisor or social worker unless the case consultation is for a tamaiti (referred under section 14(1)(e)), in which case it must be led by the practice leader.

The youth justice coordinator may assist with facilitation if requested.

If there is care and protection involvement, a co-leadership role may be agreed between youth justice and care and protection staff.

Purpose of the pre-family group conference case consultation

A pre-family group conference case consultation brings key people together to share what we know about te tamaiti or rangatahi and their whānau or family, identify what we need to build and deepen our understanding of, and what actions need to be taken to prepare for the family group conference.

The youth justice coordinator will bring the offending profile and other relevant information about te tamaiti or rangatahi to the case consultation.

We use our practice tools as appropriate to support the case consultation.

Child/young person and family consult

Organising my practice

Tiaki Oranga

The case consultation considers matters such as:

• what is known and understood about te tamaiti or rangatahi and their whānau or family, including prior involvement with Oranga Tamariki
• if a whānau or family meeting needs to be arranged to consider immediate safety and support needs – required for a section 14(1)(e) referral
• our assessment report (if available) and other available assessments, such as a gateway assessment
• the needs identified in the Goal Plan – if te tamaiti or rangatahi is in care or custody
• whether other specialist assessments, such as a health or education assessment, would enable a deeper understanding of the support needs of te tamaiti or rangatahi
• identifying significant whānau, family and others in their lives who must be given the opportunity to be included in the convening and holding of the family group conference
• whether ongoing custody is required if te tamaiti or rangatahi is in a residence (balancing 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)
• whether other agencies need to be involved
• whether anything from the available information indicates te tamaiti or rangatahi is experiencing, or at risk of, self-harm, suicide or psychological distress
• if parenting, mentoring, alcohol or drug programmes need to be considered for te tamaiti or rangatahi or their whānau or family
• additional actions that may be needed to address any care or protection concerns.

The education screen

The Health and Education Assessment Programme (DOC 114 KB)

Recording the outcome of the case consultation

The youth justice supervisor or social worker is responsible for recording the details of the case consultation in CYRAS (in the YJ Phase case notes in intervention).

Our practice tools, if used, provide structure for recording the case consultation.

Recording will include the date of the consultation, the attendees, and decisions made and actions required, together with agreed roles and responsibilities.

Subsequent meetings

The pre-family group conference case consultation is only the first step.

Where care or protection concerns are held for a tamaiti or rangatahi, and/or they have complex needs or a high risk of reoffending, youth justice coordinators, supervisors and social workers will continue to meet to ensure any identified and/or emerging needs and risks are understood and, where necessary, addressed prior to the family group conference.

The coordinator may also schedule a meeting with the social worker and supervisor if required shortly before the conference to:

• confirm the assessment report is complete (if required) and has been shared with te tamaiti or rangatahi and their whānau or family
• discuss/clarify facilitation.

This will ensure the coordinator knows what information the social worker is presenting and how this will be presented, and the social worker understands the approach the coordinator will use in the conference and any participant dynamics that will need to be considered.

Protection

If there is recent or current care or protection involvement with te tamaiti or rangatahi, the care and protection social worker and their supervisor must attend the pre-family group conference case consultation.

If a care and protection family group conference is being, or has recently been, convened or held, the case consultation must include the care and protection coordinator.

Care and protection and youth justice kaimahi must continue to work together collaboratively throughout the family group conference process.

Policy: Assessment

Guidance: Using section 261 in a youth justice family group conference

Whānau or family meeting following family group conference referrals on section 14(1)(e) grounds

The youth justice coordinator must ensure that a whānau or family meeting to consider the oranga of te tamaiti with a focus on immediate safety and support needs is held within 7 working days of the referral consultation for a family group conference under section 14(1)(e) grounds. Where a social worker is already allocated, they will work with the youth justice coordinator to support holding the whānau or family meeting.

This meeting is for us to come together early with the whānau or family. The purpose is to explore and identify strategies, supports and services to ensure the oranga and immediate safety of te tamaiti and their whānau or family, victims and the general public, and to prevent reoffending behaviour until these can be considered at the family group conference.

We must ensure that the whānau or family understands the purpose of this meeting and that it does not replace the family group conference.

We can provide whānau or family with assistance to attend and participate in the whānau or family meeting.

The whānau or family meeting will include:

• te tamaiti 
• their whānau or family, including significant members of their hapū, iwi or family group
• the youth justice coordinator
• the social worker(s) or supervisor (if the social worker is unable to attend).

The whānau or family meeting could include:

• any support people identified by the whānau or family
• key community or agency support networks by consent of the whānau or family
• kairaranga ā-whānau (where available), a senior Māori practitioner or a Pacific or other cultural advisor.

With the consent of the whānau or family, Police may attend the meeting as referrer and information provider. If Police are to attend, consideration should be given to ensuring that the youth advocate also attends.

The whānau or family meeting should consider:

• the immediate oranga of te tamaiti and their whānau or family with a focus on safety
• what strategies, supports and services will be used to ensure the oranga and safety of te tamaiti and their whānau or family
• the concerns around the alleged offending behaviours, including underlying causes
• what strategies, services and supports will be used to prevent reoffending
• whether there are any other care or protection concerns
• how the oranga and safety of victims and the general public will be assured.

The whānau or family meeting must:

• use cultural practices appropriate to the culture of te tamaiti and their whānau, family, hapū, iwi or family group
• ensure the whānau or family are at the centre of the decision-making process
• obtain and take into account the views of te tamaiti.

All parties, including Police, must be informed about the outcome of the meeting before the family group conference.

The person responsible for arranging the meeting will record the outcome of the meeting in CYRAS using the casenote title 'Section 14(1)(e) pre-family group conference whānau or family meeting'. This must include our rationale for any decisions or actions, including how we are giving regard to balancing 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.

The casenote will record any strategies, supports or services that have been agreed.

We use Tiaki Oranga to record our understanding of current safety, harm and risk following the whānau or family meeting.

Hui ā-whānau or family meeting

The youth justice coordinator must hold a hui ā-whānau or a family meeting before the family group conference when it is being convened due to a serious offence or there has been several previous related offences.

In every other situation, a hui ā-whānau or family meeting must be considered for the purpose of:

• sharing information, including their assessment report, specialist assessments or concerns with te tamaiti or rangatahi and their whānau or family to help prepare them for the family group conference, so they are fully informed
• encouraging, through the provision of any support that the whānau or family may identify as helpful, the participation of te tamaiti or rangatahi and their whānau or family in the family group conference and in any decision-making
• giving the whānau or family the opportunity, and the space and tools necessary, to share information and explore solutions in preparation for making a plan at the family group conference.

Before the hui ā-whānau or family meeting, the youth justice coordinator must ensure te tamaiti or rangatahi and their whānau or family are consulted about the information that will be shared about them.

At hui ā-whānau or family meetings, we must ensure:

• we observe tikanga or cultural protocols observed by the whānau or family
• whānau or family have information that they can understand, taking into account language and communication needs, to help them consider possible solutions for keeping te tamaiti or rangatahi safe and meeting their needs
• te tamaiti or rangatahi is encouraged and supported to participate and freely express their views
• whānau or family are given the opportunity to discuss the oranga, needs and safety concerns of te tamaiti or rangatahi within their whānau or family
• whānau or family are empowered to identify their own solutions, mobilise their own resources and supports (including hapū, iwi and family group) and develop a whānau or family response to the oranga, needs and safety concerns of te tamaiti or rangatahi in preparation for the family group conference.

Guidance: Hui ā-whānau

Policy: Sharing information

Policy: Supporting the participation of tamariki and rangatahi

Education screens

The youth justice coordinator must ensure that an education screen is completed unless one was completed in the last 3 months. The information must be made available to the family group conference.

Guidance: Education screen

Health and education assessments

When we want to make a referral for a health or education assessment, we must:

• talk to te tamaiti or rangatahi and their whānau or family about the value of having health and education assessments completed
• seek consent from parents or guardians with the agreement of tamariki or rangatahi under 16 years of age
• seek consent from rangatahi 16 years or older able to make an informed decision.

The youth justice coordinator must seek the support of a whānau or family member for te tamaiti or rangatahi while the assessment is being carried out.

A health or education assessment doesn't need to be completed if it has been completed in the last 3 months.

Guidance: Health and education assessment programme (DOC 114 KB)

Completing an assessment report

Before the family group conference is held, an assessment report must be completed when:

• a tamaiti allegedly offends (aged 10 to 13 years)
• a rangatahi (aged 14 to 17 at the time of the alleged offending) is subject to a Young Serious Offender declaration application
• a rangatahi allegedly offends and has current care and protection involvement
• a rangatahi is placed on section 238(1)(d) custody for a period of at least 72 hours
• the pre-family group conference case consultation considers it necessary
• a social work report or plan is, or will be, required for a Youth Court order.

We build and deepen our understanding of harm, safety and protection for te tamaiti or rangatahi and their offending behaviour using our framework, models, tools and resources.

Organising my practice

Te Puna Oranga

Assessment report

Underlying causes of offending behaviour – dynamic and static risk factors

The social worker must:

• discuss their assessment report with te tamaiti or rangatahi and their whānau or family before the family group conference
• ensure te tamaiti or rangatahi and their whānau or family understand what information will be presented
• discuss the report with the coordinator to ensure it is used to inform the conference.

The social worker's assessment report must include and take into account the views of te tamaiti or rangatahi and their whānau or family. The social worker must encourage and support te tamaiti or rangatahi to participate and express their views, ensuring assistance is provided where needed. If the social worker identifies te tamaiti or rangatahi has specific needs that require additional support (for example, communication assistance), they must discuss this with the youth justice coordinator.

Policy: Assessment

Policy: Supporting the participation of tamariki and rangatahi

If te tamaiti or rangatahi is in care or custody, we must have regard for the identified needs in their Goal Plan.

The child or young person and family consult must be used to discuss the needs, strengths and risks for te tamaiti or rangatahi.

Tool: Child/young person and family consult

Towards Wellbeing supports and gives advice to social workers working with tamariki and rangatahi who have thoughts about suicide or have tried to kill themselves.

The SKS screens (SACS, Kessler and Suicide screens) must be used for tamariki 12 years and over when:

• mental health, suicide or substance use are concerns
• significant events, trauma, behaviours or risk factors are present
• te tamaiti or rangatahi is held in police custody
• te tamaiti or rangatahi enters a residence, and when, at any time during the residential stay, the mental health of te tamaiti or rangatahi is identified as a concern or potential concern.

Tool: SACS, Kessler and Suicide screens (SKS)

We must contact a Towards Wellbeing advisor if we are concerned for a:

• tamaiti under 12 years, or
• rangatahi with an intellectual disability or communication impairment.

Guidance: Preventing suicide and self-harm

Guidance: Disability

We must:

• ensure te tamaiti or rangatahi is supported while specific assessments are being carried out
• consider accessing cultural support when working with tamariki, rangatahi and whānau Māori and Pacific children and families.

Entitled people (section 251 of the Oranga Tamariki Act 1989)

Entitled people include:

• te tamaiti or rangatahi
• the parents, guardians or people having the care of te tamaiti or rangatahi
• members of the whānau or family of te tamaiti or rangatahi
• the youth justice coordinator
• victims of the offence or their representative, as well as support people
• the prosecutor or the person intending to commence the proceedings for the offence (usually Police)
• the barrister, solicitor, youth advocate or lay advocate representing te tamaiti or rangatahi
• the care and protection or youth justice social worker (if applicable) – generally, only 1 social worker should attend the family group conference to represent the voice of the chief executive, unless the coordinator believes it is appropriate for both to attend for the purposes of giving information.

Entitled people must be included. For example, victims are entitled to attend any family group conference held in respect of the matter in which they were the victim. This includes conferences for a specific purpose, such as discussing custody or bail options.

If Police advise there is a possibility they will apply for a Young Serious Offender declaration, the youth justice social worker becomes an entitled member at this family group conference. 

Entitled people by agreement

The youth justice coordinator must confirm with both maternal and paternal whānau or family that they agree to members of the family, whānau, hapū, iwi and family group of te tamaiti or rangatahi attending the family group conference as an entitled person by agreement.

Encouraging hapū and iwi members to be identified as potential entitled people by agreement

The youth justice coordinator must:

• make every effort to work with whānau or family to identify significant family, whānau, hapū, iwi and family group members (maternal and paternal) and, where appropriate, local community or cultural leaders, such as church leaders, who could be invited to attend and participate in their family group conference
• encourage whānau to identify members of their hapū and iwi to be invited, explaining that participation of members of their hapū and iwi can help to strengthen the family group conference.

Consultation with entitled people

The youth justice coordinator must try to consult with entitled people to get their views and facilitate their attendance or participation at the family group conference. Consultation must include a face-to-face meeting. If this is not possible, contact must be made by telephone or other technical means. If a face-to-face visit is not wanted or possible, further contact must be made by phone. Where consultation has not been possible, the youth justice coordinator must record their efforts to engage with the entitled person in CYRAS. 

When entitled people cannot or will not attend

When an entitled person cannot or will not attend the family group conference, the youth justice coordinator must explore other options to encourage their participation.

Entitled people cannot be excluded

A youth justice coordinator cannot exclude an entitled person from attending a youth justice family group conference.

All entitled people must be invited, supported and encouraged to attend a conference to which they are entitled.

If the attendance of any person is considered inappropriate, the youth justice coordinator must discuss with them and other entitled people how they can appropriately participate (for example, via phone, video calling or being in another room).

The youth justice coordinator must identify any immediate risks to oranga, with a focus on the mental health of te tamaiti or rangatahi associated with the attendance of entitled people at the conference.

Information givers (section 255(2) of the Oranga Tamariki Act 1989)

The youth justice coordinator must identify all people who can support and contribute to the family group conference, including professionals, hapū and iwi, and caregivers and include them in the process.

The youth justice coordinator and the social worker, when allocated, must:

• engage with appropriate professionals to ensure all relevant information and reports are provided to the family group conference so they can make good decisions and develop positive outcomes
• let te tamaiti or rangatahi or the person the information relates to know about the information that is being shared about them.

If whānau have chosen not to invite members of their hapū and iwi (despite our encouragement), the youth justice coordinator must consider the reasons for that choice against the benefit of having hapū or iwi representation. The coordinator can choose to invite hapū or iwi members as information givers if the coordinator thinks that the advice the hapū or iwi members can give to the conference is important.

The youth justice coordinator must discuss how information givers will participate in the family group conference with the whānau or family and other entitled people. They are only entitled to attend to provide information and may only remain for the whole conference if the entitled people agree.

Guidance: Entitlement to attend a family group conference – sections 22(1)(b) and 251(1)(b)

We must consider accessing the support of a kairaranga ā-whānau (where available), a senior Māori practitioner or a Pacific or other cultural advisor appropriate to the background of te tamaiti or rangatahi to identify and engage with the family, whānau, hapū, iwi and family group and other significant people.

Policy: Supporting the participation of tamariki and rangatahi

Practice standard: See and engage whānau, wider family, caregivers and when appropriate victims of offending by tamariki

Family group conferencing practice standards

Responsibilities of the youth justice coordinator

The youth justice coordinator must engage with te tamaiti or rangatahi as early as possible to ensure they are:

• encouraged and assisted to participate in the convening and holding of the family group conference
• given opportunities and supported to express their views and are aware that any views they express will be taken into account.

VOYCE Whakarongo Mai
Phone: 0800 4VOYCE (0800 486 923)

Policy: Sharing information

Guidance: Sharing information about tamariki and rangatahi

The youth justice coordinator must make every effort to consult face to face with te tamaiti or rangatahi and their whānau or family about the:

• time, date and place of the family group conference
• people they believe should attend the family group conference
• other attendees and what role everybody has
• purpose and process of the family group conference
• youth justice and restorative justice processes
• summary of facts and to hear their view of what occurred
• need to speak with the youth advocate if the facts are disputed.

Before the family group conference, the youth justice coordinator must support te tamaiti or rangatahi and their whānau or family to understand that the family group conference is being held in response to the alleged offending. They must also support them to understand the:

• role of the victim in the family group conference
• impact the alleged offending has had on the victim and the general public's sense of safety and to consider how they can address, or start to address, the harm caused
• role of the social worker
• need for te tamaiti or rangatahi to be supported in the family group conference
• options of attendance at parenting, mentoring and alcohol and drug rehabilitation programmes (if applicable)
• identified needs.

The youth justice coordinator must support whānau or family to ensure their active involvement in the family group conference and work with them regarding any resistance. If whānau or family remain unable or unwilling to attend the family group conference, the youth justice coordinator must proceed with the family group conference. The youth justice coordinator must persevere with getting everyone to participate. They must identify barriers and consider:

• seeking mediation or advice from an appropriate cultural or community leader
• inviting the whānau or family member to present a written or verbal statement
• how people can participate, including remotely.

The youth justice coordinator must discuss with the whānau or family the victim's wishes regarding time, date and place. They must try to find a solution that is agreed to by everyone. If this is not possible, they must explain why and try to find a compromise. If this is still not possible, the youth justice coordinator makes the final decision and records their attempts to seek agreement, as well as their rationale for decision-making.

The youth justice coordinator must consult with whānau or family when considering an alternative facilitator (such as a facilitator from an iwi or approved service).

The youth justice coordinator must ensure te tamaiti or rangatahi is prepared for and aware of what will be shared at the youth justice family group conference. They must be supported, encouraged and provided opportunities:

• to safely participate and freely express their views about what was happening for them at the time of the alleged offending, why they offended, how they feel about what they did, and what impact they think their offending had on others
• to freely express their views about decisions affecting them
• for their views to be presented in a different way or by their representative (if they are unable or unwilling to participate or express their views themself).

The youth justice coordinator must also consider:

• the oranga needs and contributing static and dynamic offending risk factors that led to te tamaiti or rangatahi being referred to the family group conference
• how te tamaiti or rangatahi will be held accountable for their behaviour
• public safety interests, and the interests of the victims.

The youth justice coordinator must also identify and manage risks.

Oranga and youth justice (PDF 302 KB)

Guidance: Hui ā-whānau

Practice standard: Whakamana te tamaiti – practice empowering tamariki Māori

The youth justice coordinator must:

• make every effort to consult face to face with all victims impacted by the alleged offending
• consult with the victim on the time, date and place of the family group conference and ensure their needs are being met
• encourage and support the victim to attend the family group conference – the victim must know that their attendance and contribution is valued and voluntary
• listen to and work with the victim to understand and respond to their concerns or anxieties
• consult with the victim when considering an alternative facilitator
• consider and consult with the victim about whether additional resource is required to meet their language and cultural needs – this may include the use of an interpreter or a cultural leader
• inform the victim of the payment available to assist with costs associated with preparing for and attending the family group conference.

The youth justice coordinator must support the victim to:

• understand why they are being asked to be involved
• feel safe and supported throughout the process
• understand their right to bring a support person to the family group conference.

The youth justice coordinator must encourage victim participation by:

• providing a full range of options for participation, from being informed through to supported attendance
• ensuring they are included in all family group conferences relating to the offending, including those discussing matters such as custody or bail
• considering any tikanga and cultural protocols they observe
• providing information and supporting victims to understand the roles of all participants and the youth justice process
• consult with and support the inclusion of specialist support and/or a victim advocate ensuring victims' safety throughout the conference – for example, to make sure they are not left alone with te tamaiti or rangatahi and their whānau or family at any time without their express consent.

If the victim is a tamaiti or rangatahi, their parent or guardian must be involved to:

• help them understand the process and their rights
• provide support at the family group conference.

If the victim is unable or unwilling to attend the family group conference, we must explore other ways for them to participate and have their views heard. If the victim is unable or unwilling to participate, the youth justice coordinator must record the reasons in CYRAS.

The youth justice coordinator must inform the victim that, if a tamaiti (aged 10 to 13 years) has offended, or allegedly offended, the family group conference is addressing care or protection issues, and the victim:

• can participate in any discussion and decisions on these issues
• cannot be asked to leave the family group conference.

The youth justice coordinator must talk with the victim about:

• the impact the offence has had on them, and their expectations of what can be done to repair the harm caused
• the support they may need to attend the family group conference
• their right to be notified of the progress of te tamaiti or rangatahi completing their plan, and how they would want to be notified.

Where the family group conference is addressing sexual violence, the coordinator must:

• consult with specialist support on the range of participation options – for example, in person, remotely, through a representative, in writing or on a recording
• ensure that victim safety is the paramount consideration throughout the youth justice process
• consider whether it would be appropriate to delay the family group conference – for example, where there is evidence that this will support best outcomes for all involved, especially the victim.

Guidance: Supporting a victim survivor of sexual violence in a youth justice family group conference

Ngākau whakairo

How am I ensuring I balance the voices of victims, te tamaiti or rangatahi and their whānau or family and concerns around public safety when convening the youth justice family group conference?

Ngākau whakairo practice framework domain

Whai mātauranga

Who will help me understand te tamaiti or rangatahi and the circumstances of the alleged offending?

Whai mātauranga practice framework domain

Whai oranga

What do I need to know about te tamaiti or rangatahi in relation to the collective oranga within their whānau or family and the victims of the offending when convening this youth justice family group conference?

Whai oranga practice framework domain

Whai pūkenga

What skills do I need to use to build trust and confidence in the family group conference process for all parties, so everyone is fully informed and has the opportunity to participate?

Whai pūkenga practice framework domain

Whai ākona

How am I using supervision to reflect on my attitudes, beliefs and values in relation to offending and how these impact on my mahi? How am I considering how it might feel to be a victim or a member of the community in this process?

Whai ākona practice framework domain