Youth justice family group conference – holding the conference

Ngākau whakairo

In the youth justice family group conference, how am I balancing the needs and voices of victims, te tamaiti or rangatahi, and their whānau or family? How does family time during the youth justice family group conference support the right of whānau or family to develop a plan?

Ngākau whakairo practice framework domain

Whai mātauranga

How am I facilitating the conference to ensure that knowledge is shared in a way that cares for the oranga of all the participants and advances the oranga of te tamaiti or rangatahi and the victims?

Whai mātauranga practice framework domain

Whai oranga

How am I ensuring we maintain a focus on advancing oranga in the youth justice family group conference?

Whai oranga practice framework domain

Whai pūkenga

What skills do I need to use to ensure participation and work in ways that are restorative?

Whai pūkenga practice framework domain

Whai ākona

What helps me to reflect and stay aware of who I am and the power I represent to victims, te tamaiti or rangatahi and their whānau or family?

Whai ākona practice framework domain

Adjourning the youth justice family group conference

There are times when the youth justice family group conference needs to be adjourned to a time and place determined by the conference to enable issues to be addressed. The youth justice coordinator must ensure:

• the court registrar, te tamaiti or rangatahi, their whānau or family, their advocate and the Police and victims are advised in writing of any adjournment
• reasons for the delay and an expected holding date are recorded in CYRAS.

Every youth justice family group conference (other than conferences convened under section 247(c) or section 247(e) of the Oranga Tamariki Act 1989) must try to ascertain whether te tamaiti or rangatahi admits any offence alleged to have been committed by them.

If te tamaiti or rangatahi does not admit the offence or the youth justice family group conference cannot determine whether they admit the offence, then the youth justice family group conference must not make any decision, recommendation or plan if these cannot be made without assuming te tamaiti or rangatahi committed the offence. The youth justice coordinator must:

• record that te tamaiti or rangatahi did not admit to the offence
• report the matter to the referring agency.

If the family group conference was convened under section 247(c) (custody following denial), the youth justice family group conference addresses custody issues only. A recommendation should be made to the Youth Court in relation to the custody of te tamaiti or rangatahi pending the charge being determined. Admission of the offence is not required.

If the family group conference was convened under section 247(e), the offence has been proven before the Youth Court. A family group conference is not required to ascertain whether te tamaiti or rangatahi admits the offence. The youth justice family group conference must consider how to respond to the offences of te tamaiti or rangatahi and make any recommendations to the Youth Court.

If te tamaiti or rangatahi does not attend their family group conference, and they do not have a youth advocate or whānau or family attending on their behalf, the family group conference must be adjourned (section 256(2)).

The youth justice coordinator must:

• follow tikanga or cultural protocols observed by the whānau or family
• consider tikanga or cultural protocols observed by the victims
• consider the oranga (wellbeing) of te tamaiti or rangatahi and their whānau or family
• recognise the rights of te tamaiti or rangatahi throughout the youth justice process
• ensure all participants feel safe to fully participate – if anyone feels unsafe, the coordinator must explore how safety can be established, and if required, adjourn until everyone feels safe
• ensure victims are not left alone with te tamaiti or rangatahi and their whānau or family at any time without their express consent
• explain the purposes of the legislation and the decision-making process
• clarify roles and rights of participants (entitled person, information giver, victim, or victim representative)
• ensure alleged co-offenders do not participate in the youth justice family group conference
• explain the requirements and limitations of confidentiality during and after the youth justice family group conference
• explain the concept of privilege and publication in relation to the youth justice family group conference.

All effort must be made to ensure they are able to attend and participate in their youth justice family group conference. The coordinator must ensure additional planning is made if te tamaiti or rangatahi is detained or at risk of absconding. If te tamaiti or rangatahi is in residence, they are still entitled to attend in person, or they may use videoconferencing.

The views of te tamaiti or rangatahi must be taken into account.

If te tamaiti or rangatahi requires assistance to express their views or to be understood, support must be provided to help them do this, including the use of an interpreter if required. If the social worker identifies that te tamaiti or rangatahi has specific needs that require professional support (for example, communication assistance or translation service), they must discuss this with the youth justice coordinator.

Interpreters when English is not the first or preferred language

The youth justice coordinator must offer the whānau or family of te tamaiti or rangatahi the opportunity to talk privately to further understand the offending and consider what will:

• strengthen the whānau or family to enhance the oranga (wellbeing) of te tamaiti or rangatahi within their whānau or family
• help whānau or family to address any needs they have, which may be impacting on their tamaiti or rangatahi and contributing to any challenges they may be experiencing and the alleged offending behaviour
• put things right and help right the wrong – identify actions to restore or create a foundation for the restoration of the mana of te tamaiti or rangatahi, their whānau or family and the victims
• help and support te tamaiti or rangatahi to address and take responsibility for their offending.

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

• listens to and considers what te tamaiti or rangatahi and their whānau or family are proposing
• considers the strengths of te tamaiti or rangatahi and their family or whānau
• considers how whānau or family can be supported and empowered to use their connections, existing networks and relationships when identifying solutions.

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

Family group conferencing practice standards

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

Policy: Sharing information

Guidance: Sharing information about tamariki and rangatahi

The youth justice coordinator must ensure victims:

• are encouraged and supported to contribute and express their views in whichever way they feel comfortable to do so
• are supported to feel safe throughout the youth justice family group conference (they may have a support person with them)
• are supported and assisted to express their views or to be understood if required
• are included and, if they choose, can participate in all parts of the youth justice family group conference, including care and protection matters, but not family time
• when they are unable to attend the youth justice family group conference, have their views conveyed in a way that is meaningful to them and that participants can understand and are able to consider in their discussions (for example, through a representative on their behalf)
• receive the payment available to assist with costs associated with preparing for and attending the youth justice family group conference.

The youth justice coordinator must ensure the plan has a focus on 'putting things right' for the victim. The victim's expectations must be reflected in the decisions, recommendations and plan. The youth justice coordinator must:

• discuss with the victim if and how they want to be informed of progress of the plan
• record the details of the agreement in the plan or make a casenote in CYRAS.

Before making a plan, the youth justice coordinator must ensure participants:

• are invited to share how they feel, what they think and how the offending of te tamaiti or rangatahi has affected them
• who are representing a service, iwi, hapū or community group can provide details about what and when they can offer their support to te tamaiti or rangatahi and their whānau or family, and how it can be accessed.

The youth justice coordinator must convey the views of entitled members unable to attend the family group conference in a way that:

• is meaningful for them and represents them
• participants can understand and consider in their discussions.

The plan must:

• address the offence/s in a way that is proportionate to the offending and seeks to reduce the likelihood of reoffending
• hold te tamaiti or rangatahi responsible for their offending
• address the oranga (wellbeing) needs of te tamaiti or rangatahi
• address the oranga needs of the whānau or family that are impacting on te tamaiti or rangatahi
• give te tamaiti or rangatahi an opportunity to develop their strengths and realise their potential, and strengthen family, whānau, hapū and iwi to develop their own means of addressing offending behaviour
• be developed with all participants, giving weight to their identified solutions
• be explained to the victim in a way they understand and clearly identify aspects that relate to them
• detail decisions made, including actions to be completed, and state who will complete the actions and monitor the actions, what the timeframes are, when and how the plan will be reviewed, and what support te tamaiti or rangatahi and their whānau or family will be given to carry out the actions
• include specific timeframes to obtain the agreement of participants who were not present at the conference
• state the consequences of non-agreement.

The youth justice coordinator must ensure te tamaiti or rangatahi:

• has an adult to support them to carry out their plan
• is encouraged to consider what other support they need to complete their plan.

The youth justice coordinator is responsible for writing the plan with te tamaiti or rangatahi and their whānau or family in a way that is clear and understandable to all participants.

Family group conferencing practice standards

Guidance: Family group conferences, community work and the Health and Safety at Work Act 2015

Te tamaiti or rangatahi does not need to have admitted the offence when section 261 is used. No decisions, recommendations or plans can be made that assume the offending is admitted.

In cases where the offending is admitted, and this section is used to address care and protection concerns, plans must state which parts relate to the youth justice matters and which relate to the agreed care and protection concerns. Every youth justice family group conference that considers care and protection concerns under section 261 is deemed to be a family group conference convened under Part 2 of the Oranga Tamariki Act. There must be timeframes for each part of the care and protection concerns. A review date must be set. The plan must meet the requirements under:

• section 29A for the content of plans
• section 130 for review dates and timeframes.

Victims must be included in all parts of the family group conference, including care and protection matters, other than family time.

Section 261 of the Oranga Tamariki Act must not be used:

• where current care and protection concerns already exist for te tamaiti or rangatahi and there is an open care and protection investigation
• to review an existing care and protection family group conference or court plan.

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

Guidance: Holding the care and protection family group conference

Policy: Family group conferences for care or protection concerns

The youth justice coordinator must:

• write the plan and record it in CYRAS in a timely manner
• present court-directed conference plans to the Youth Court for consideration
• inform participants that the judge may make changes to a Youth Court family group conference plan and will make the final decision on the plan.

The youth justice coordinator must:

• consider whether they agree to the plan if identified concerns or needs are not addressed during the youth justice family group conference – if agreement cannot be reached after further discussion, the youth justice family group conference must be adjourned
• advise the care and protection social work supervisor after the youth justice family group conference if care or protection concerns are presented during the youth justice family group conference and are not able to be addressed.

The youth justice coordinator must ensure that the decision, recommendation or plan is communicated to the appropriate person, depending on the provision the youth justice family group conference was convened under.

Youth justice coordinator to seek agreement to decisions, recommendations and plans of family group conference – section 263 of the Oranga Tamariki Act 1989

Non-agreement

Where the youth justice family group conference does not agree to all decisions, recommendations and plans, the youth justice coordinator must complete a conference record.

The record must:

• state that the youth justice family group conference was not able to reach an agreement
• not record who disagreed with the decisions
• not record different opinions.

The matter is referred either to the referrer or to the Youth Court, as appropriate.

Where the youth justice family group conference agrees on aspects of the decisions, recommendations and plans, the agreed aspects must be recorded.

Guidance: Confidentiality and the family group conference

The youth justice coordinator must ensure the youth justice family group conference discusses and agrees on:

• who will support and monitor the plan
• how often te tamaiti or rangatahi will be visited by their social worker
• how the youth justice family group conference will be informed when actions are completed
• how the youth justice family group conference will notice change and progress in relation to the offending behaviour and the identified oranga (wellbeing) needs.

Guidance: Visits with tamariki and rangatahi in care or custody

The youth justice coordinator must ensure:

• the youth justice family group conference understands the roles of supporter and monitor
• the monitor has the ability and integrity to complete the task
• the feedback process is understood so any identified issues are recognised and managed
• when the youth justice family group conference is discussing the level of monitoring and support that is required for the plan to be successful, the following are considered:
  • risk of reoffending
  • magnitude of the offence
  • frequency of the offending
  • commitment and willingness of te tamaiti or rangatahi to complete their plan.

The youth justice coordinator must ensure tamariki and rangatahi who pose a high risk to the community have a clear plan agreed with the youth justice supervisor and, where appropriate, the care and protection supervisor.

Family group conferencing practice standards

If the plan was made under section 261 of the Oranga Tamariki Act 1989, the youth justice coordinator may reconvene to review the plan when required by:

• a social worker
• an iwi social service, a cultural social service or the director of a child and family support service if the service is directly involved in the plan and has agreed to it.

Reconvening the youth justice family group conference to review a section 261 plan is not required if the:

• Family Court made orders under section 36(1A)(b) of the Oranga Tamariki Act
• youth justice coordinator, after consulting with the social worker, believes no further action is required (because the plan has been completed or is no longer relevant).

The youth justice coordinator may reconvene the youth justice family group conference:

• on their own motion, or
• at the request of at least 2 entitled members who participated in the youth justice family group conference.

The youth justice coordinator must discuss the decision with the youth justice family group conference team leader, supervisor and social worker before deciding what to do.

When the youth justice family group conference agrees to reconvene, the date and method of review must be noted in the family group conference plan.

The youth justice coordinator must ensure the review is completed on time.

A review of the youth justice family group conference plan is not required when:

• there is a non-agreement, or
• a Youth Court order under section 283 of the Oranga Tamariki Act is made.