Youth justice family group conference – convening the conference

Ngākau whakairo

How am I ensuring the voices of victims, te tamaiti or rangatahi and their whānau or family are heard and taken into account in the convening of 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 in this process?

Whai ākona practice framework domain

Timeframes for convening

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

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 immediate safety and support needs is held within 7 working days of the referral consultation. Preparation for this meeting will begin as soon as the referral consultation has been completed.
Joint family group conference protocol for children who offend (PDF 561 KB)

Referral consultation with the enforcement agency

The youth justice coordinator must consult with the referrer when family group conference referrals have come from the 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 and give consideration to the number, nature and magnitude of the alleged offending as well as the offending history of te tamaiti or rangatahi.

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 the Police (or other enforcement agency that made the referral):
  • a copy of the Youth Offending Risk Screening Tool (YORST)
  • a summary of facts for the alleged offence
  • the contact details of te tamaiti or rangatahi (and their whānau or family, where available) and of the victim
  • any history of alternative action taken with te tamaiti or rangatahi
  • the reparation schedule (where relevant)
• 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
• discuss with the referring enforcement officer the details of any family violence incidents, protection orders or other personal safety orders that apply to te tamaiti or rangatahi or members of their whānau or family. This includes the reasons for the orders and the names they cover.

If issues around domestic 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 (wellbeing) of te tamaiti or rangatahi and their whānau or family may be impacted 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

Preparation for the whānau or family meeting 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 that meets section 14(1)(e) grounds during the family group conference convening or holding stages, 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.

Any plans or supports in place as part of any previous whānau or family meeting must also be reviewed.

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.

When legal advice must be considered

When te tamaiti or rangatahi is referred by the 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.

If the youth justice coordinator becomes aware that the Police intend to file a charge in the Youth Court, they must ensure 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.

When a family group conference is directed by the court, where charges have been filed, the youth justice coordinator must discuss with the whānau or family the reasons to consider engaging with a lawyer to represent their 12- or 13-year-old if a youth advocate has not been appointed.

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 screen and recording tool used for tamariki and rangatahi who have offended or are alleged to have offended. It helps determine whether further assessment of their needs, strengths and risks is required.

The youth justice coordinator must ensure an offending profile is completed and recorded in CYRAS:

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

When a tamaiti who allegedly offends is referred, the youth justice supervisor and youth justice coordinator will discuss previous Police-led alternative action plans and any other information that may assist the youth justice coordinator and youth justice social worker to complete the Tuituia assessment, including any previous care or protection assessments or plans.

The youth justice coordinator must ensure the offending profile is:

• prepared for the pre-family group conference case consultation and includes the date by which the Tuituia report will be completed
• made available to the:
  • youth justice supervisor
  • youth justice social worker
  • care and protection kaimahi (if involved)
  • kairaranga ā-whānau, senior Māori practitioner, Pacific or other cultural advisor, or disability advisor (if involved)
  • practice leader
  • others such as the residential case leader and family group conference team leaders (as required) before the case consultation
• completed at the pre-family group conference case consultation.

This enables them to add information and be prepared for attending the case consultation.

Pre-family group conference case consultation

The youth justice coordinator must ensure a pre-family group conference case consultation is held for every tamaiti or rangatahi referred for a youth justice family group conference under sections 247, 281 and 281B of the Oranga Tamariki Act 1989, including tamariki in care and protection residences and rangatahi on remand in youth justice residences.

The case consultation must be held within 5 working days of the referral consultation or direction being received.

The youth justice coordinator must host the case consultation and invite the following people:

• youth justice supervisor
• youth justice social worker (if allocated)
• care and protection social worker (if they are already working with the whānau or family)
• kairaranga ā-whānau, senior Māori practitioner, Pacific or other cultural advisor, or disability advisor (if involved or the need for advice has been identified)
• youth justice and/or care and protection practice leader
• family group conference team leader, as required
• residential case leader (if te tamaiti or rangatahi is or has recently been in a residence).

The pre-family group conference case consultation must be led by the practice leader if a tamaiti (under 14 years) has allegedly offended.

The youth justice coordinator must ensure the case consultation considers the following to support decisions about next steps:

• what is known and understood about te tamaiti or rangatahi and their whānau or family, including prior involvement with Oranga Tamariki and their oranga (wellbeing) needs
• 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
• the results of the education screen
• the gateway assessment (if a tamaiti or rangatahi has come into the care or custody of the Oranga Tamariki chief executive)
• their All About Me plan if te tamaiti or rangatahi is in care or custody
• whether a social worker needs to be allocated
• whether other assessments, in addition to the Tuituia assessment, such as a health and education assessment, would enable a deeper understanding of the support needs for the oranga (wellbeing) of te tamaiti or rangatahi
• 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
• if cultural support needs to be considered for te tamaiti or rangatahi or their whānau or family
• if there are care or protection concerns and whether further assessment is needed
• identifying and strengthening the cultural identity and connection of tamariki or rangatahi
• whether ongoing custody is required if te tamaiti or rangatahi is in a residence
• discussing with whānau or family the value of a hui ā-whānau or family meeting
• the whānau or family meeting being arranged to consider immediate safety and support needs.

Guidance: Youth justice pre-family group conference case consultation

Guidance: Requesting information

Practice tool: Gateway assessments

The youth justice coordinator must ensure the outcome of the case consultation records:

• assessments required
• those responsible for undertaking or requesting information
• who is arranging the whānau or family meeting to consider immediate safety and support needs
• all decisions and outcomes (rationale for whether a Tuituia assessment is required or not and due date for the report).

Policy: Assessment

If attendees are unable to agree on a plan, the youth justice coordinator must consult with their team leader and the practice leader. If there is still no resolution, the youth justice coordinator must consult the youth justice manager.

The youth justice coordinator must consult with anyone who is required to attend a case consultation and is not able to be there, to get their views and seek their agreement to any decisions.

Care and 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 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 immediate safety and oranga 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, the Police may attend the meeting as referrer and information provider.

The whānau or family meeting should consider:

• the immediate oranga (wellbeing) and safety needs of te tamaiti and their whānau or family
• 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 the 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'.

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

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 an education or health 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 guardians with the agreement of tamariki or rangatahi under 16 years of age
• seek consent from rangatahi 16 years or older who can make an informed decision.

The youth justice coordinator must seek the support of a whānau or family member for te tamaiti or rangatahi during the assessment process.

An 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 a Tuituia assessment

Before the family group conference is held, a Tuituia assessment must be completed when:

• a tamaiti allegedly offends (aged 10 to 13 years)
• a rangatahi allegedly offends and has current care and protection involvement
• a rangatahi is placed in custody for at least 72 hours
• the pre-family group conference case consultation considers it necessary for the rangatahi
• a social worker report and plan is, or will be, required for a Youth Court order.

Tool: Completing the Tuituia report

The social worker must:

• discuss the 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 must encourage and ensure te tamaiti or rangatahi is assisted, where needed, to participate in the assessment and supported to express their views. Their views must be taken into account. 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: Participation of tamariki – providing information, ensuring understanding and incorporating their views

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, 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 are encouraged and supported to participate and freely express their views
• whānau or family are given the opportunity to discuss the oranga (wellbeing), 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: Participation of tamariki – providing information, ensuring understanding and incorporating their views

Working with tamariki and rangatahi with complex needs or at a high risk of reoffending

When working with tamariki or rangatahi who have complex needs or are at high risk of reoffending, the youth justice coordinator, supervisor and social worker must ensure any identified or emerging needs and risks are assessed and, where necessary, addressed before or at the family group conference.

If te tamaiti or rangatahi is in care or custody, we must have regard for the identified needs in their All About Me 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

Recognising psychological distress, substance abuse, suicidal ideation, and oranga (wellbeing) concerns

We must be alert to risk factors, triggers and indicators of suicide. We must recognise when whānau or family or family circumstances, oranga needs, cultural identity and connectedness can impact on te tamaiti or rangatahi. We must act on signs that te tamaiti or rangatahi may be at risk of self-harm, suicide, alcohol or drug abuse or psychological distress.

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 during any assessment
• consider accessing cultural support and use a culturally appropriate framework wherever possible when using these assessment tools.

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

Only certain people can attend a family group conference, participate in the discussions and have a say in the decisions, recommendations and plans. 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. 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
• the prosecutor or the person intending to commence the proceedings for the offence (usually the Police)
• the barrister, solicitor, youth advocate or lay advocate representing te tamaiti or rangatahi
• the care and protection social worker (if applicable).

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.

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.

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. 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 the mental health and oranga (wellbeing) 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.

Working with Māori: Te Toka Tūmoana

Working with Pacific peoples: Va'aifetū

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

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.

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 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.

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.

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 (wellbeing) needs and contributing factors that led to te tamaiti or rangatahi being referred to the family group conference
• identify and manage risks.

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
• 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