Policy
Youth justice family group conference – supporting, monitoring and reviewing the plan
We support tamariki, rangatahi, whānau or family to implement their youth justice family group conference plan. We also monitor progress, review the plan as agreed and determine when it is completed.Practice framework prompts for this policy
Our practice framework helps us make sense of and organise our practice so it is framed in te Tiriti o Waitangi (the Treaty of Waitangi), and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand.
Ngākau whakairo
How am I supporting the right of te tamaiti or rangatahi and their whānau or family to successfully complete their youth justice family group conference plan?
Ngākau whakairo practice framework domain
Whai mātauranga
What sources am I drawing on when reviewing the youth justice family group conference plan? How do I know if the plan is working for te tamaiti or rangatahi and their whānau or family?
Whai mātauranga practice framework domain
Whai oranga
How am I making sure that I am oranga focused when reviewing and monitoring the youth justice family group conference plan?
Whai oranga practice framework domain
Whai pūkenga
How am I staying connected to and aware of te tamaiti or rangatahi and their whānau or family needs?
Whai pūkenga practice framework domain
Whai ākona
How are my past experiences impacting on my attitude towards te tamaiti or rangatahi and their whānau or family? Is it different from how I work with victims?
When this policy applies
This policy applies after a youth justice family group conference has been held for tamariki or rangatahi who have offended or who are alleged to have offended. It applies to youth justice coordinators, youth justice social workers and those delegated to convene and hold a family group conference following:
- a direction from a Youth Court or Family Court, or
- a referral from the Police or another enforcement agency.
Supporting practice frameworks and standards
Our practice frameworks Te Toka Tūmoana and Va'aifetū, and the family group conferencing practice standards must inform all family group conference practice.
Working with Māori: Te Toka Tūmoana
Principles that underpin how we work with te tamaiti or rangatahi, whānau, family and victims after the youth justice family group conference
The youth justice coordinator is responsible for ensuring the youth justice family group conference:
- supports tamariki, rangatahi, whānau, family and victims of offending through a restorative process, in the least intrusive way possible to uphold the mana of all involved
- recognises that mana tamaiti and the oranga (wellbeing) needs of te tamaiti or rangatahi are at the centre of all decision-making
- recognises and addresses the oranga needs of te tamaiti or rangatahi and the underlying causes of the offending
- recognises the rights of te tamaiti or rangatahi through the youth justice process
- sees te tamaiti or rangatahi in the context of their whakapapa and takes a holistic approach to addressing the offending
- encourages te tamaiti or rangatahi to accept responsibility for their behaviour
- encourages whānau or family participation to identify their own solutions to managing the offending
- provides support and assistance to whānau or family to strengthen their ability to support their tamaiti or rangatahi and prevent or reduce future offending
- considers the rights, interests and views of victims
- considers how the offending can be dealt with outside of court.
Changes to the youth justice family group conference plan by the Youth Court
The Youth Court considers the recommendations, decisions and plan from the youth justice family group conference. Sometimes the Youth Court directs that other tasks or conditions must be complied with instead of, or in addition to, the written record of the conference.
The plan te tamaiti or rangatahi must follow is based on the directions of the court.
The youth justice coordinator must:
- ensure te tamaiti or rangatahi is aware of any changes, directions or conditions made by the Youth Court that change the requirements for them, or any others involved in the plan
- inform others entitled to receive a copy of or directly affected by the plan if it is altered by the court.
When further assessment and information is needed after the youth justice family group conference
If the conference agrees further assessment or information is needed after the youth justice family group conference is held, the social worker with the youth justice coordinator must:
- ensure assessments are completed as soon as practicable
- consider how any new information that may impact the effectiveness of the plan is incorporated into the plan if the plan has started – they must work with te tamaiti or rangatahi and their whānau or family and other affected participants
- at the coordinator's own motion, or at the request of at least 2 members of the family group conference, consider whether the conference may need to be reconvened to either:
- reconsider a plan where agreement was not previously reached, or
- review a previous plan.
Distributing the plan
The youth justice coordinator must ensure:
- the plan is distributed to people entitled to receive a copy within 5 working days of the youth justice family group conference – so people know what is expected of them and others
- te tamaiti or rangatahi knows who is receiving a copy of the plan.
The following people are entitled to receive a copy of the plan (section 265 of the Oranga Tamariki Act 1989) even if they aren’t entitled participants of the conference or weren't present at the family group conference:
- te tamaiti or rangatahi
- a parent or guardian or other person having the care of te tamaiti or rangatahi
- the lawyer or lay advocate representing te tamaiti or rangatahi
- a representative of the enforcement agency
- the victims
- the people directly affected by the plan
- an iwi social service or cultural social service (if involved)
- the Youth Court and Family Court (if te tamaiti or rangatahi is the subject of proceedings).
Supporting te tamaiti or rangatahi and their whānau or family to implement their plan
The youth justice coordinator and the social worker have responsibilities to support te tamaiti or rangatahi and their whānau or family to implement their plan.
Responsibilities of the youth justice coordinator
The youth justice coordinator must:
- ensure the plan is actively implemented, monitored and reviewed within the timeframes agreed at the youth justice family group conference
- seek the social worker's agreement to their role in the plan if they were not present at the youth justice family group conference.
Responsibilities of the social worker
When a social worker is supporting a youth justice family group conference plan, and they are not allocated before the conference, they must meet with te tamaiti or rangatahi within 5 working days of the conference being held or after the Youth Court endorses the plan.
The social worker must connect with te tamaiti or rangatahi and their whānau or family as often as necessary to support the plan and the needs of te tamaiti or rangatahi and their whānau or family.
Supporting and monitoring the youth justice family group conference plan
The person monitoring the plan provides feedback to the youth justice coordinator, who is alert to potential plan breakdowns.
Responsibilities of the social worker
When the social worker is responsible for supporting and monitoring the youth justice family group conference plan, they must:
- work closely with te tamaiti or rangatahi and their whānau or family to help work through challenges, identify and build on their strengths and realise their potential
- continually assess and respond to the oranga (wellbeing) needs of te tamaiti or rangatahi and their whānau or family, particularly when they are impacting on the alleged offending
- notice and acknowledge the positive changes made by te tamaiti or rangatahi and their whānau or family to address the offending and to create a positive and supportive home environment
- regularly contact te tamaiti or rangatahi and others involved in the plan to hear how progress is going and how we can support the implementation of the plan
- listen, look and respond to potential signs that te tamaiti or rangatahi may be at risk of self-harm, or suicide, or struggling with alcohol or drug abuse.
Family group conference practice standard 10: Active implementation and review
Progress reports
When progress reports are used to monitor the plan, the person monitoring the plan provides feedback to the youth justice coordinator within the agreed timeframe. Progress reports provide insight into how te tamaiti or rangatahi is progressing with completing their plan.
The youth justice coordinator must:
- ensure te tamaiti or rangatahi and their whānau or family are aware of who will be providing progress reports, and are consulted about what will be contained in the reports and who will get a copy
- ensure progress reports are casenoted
- initiate any actions that arise because of the progress report.
Identifying and managing potential plan breakdowns
The youth justice coordinator must consult with the youth justice family group conference team leader, youth justice supervisor and social worker (if allocated) when:
- the plan appears to be going significantly off track
- something prevents te tamaiti or rangatahi from carrying out their tasks or actions
- outcomes are potentially compromised
- they need to consider a breach of formal court orders.
The youth justice coordinator must ensure the consultation considers:
- how to address the fact that te tamaiti or rangatahi has not completed their actions
- how to hear the voice of te tamaiti or rangatahi and their whānau or family:
- do they believe there has been a breakdown?
- what has happened from their perspective?
- what solutions do they have for getting the plan back on track?
- what support are they asking for?
- the identified issues and if the youth justice family group conference needs to be reconvened
- how te tamaiti or rangatahi is supported before reconvening the youth justice family group conference or lodging proceedings in the Youth Court
- how to inform te tamaiti or rangatahi and their whānau or family of the outcome of the consultation
- how the views and lived experiences of te tamaiti or rangatahi can be captured and presented if they are unable or unwilling to participate or express their views themselves.
The youth justice coordinator must ensure the organisations or agencies managing all, or part, of the plan are aware of their requirement to advise the youth justice coordinator or the social worker of any issues affecting te tamaiti or rangatahi or their ability to complete their actions.
Supporting victims
Keeping victims informed of progress after the youth justice family group conference helps to restore the mana of all those involved and to achieve restorative justice. The youth justice coordinator or social worker must ensure victims:
- are given or sent a copy of the decisions, recommendations and plan
- receive updates if they have asked to be kept informed of progress on the plan
- are informed of the outcome of the plan, whether the plan has been completed or not and any actions taken to address this.
Reviewing plans and determining when they are completed
The youth justice family group conference plan must be reviewed when completed. Reviews must be considered earlier when concerns arise or there is a change of circumstances. The coordinator may also reconvene the conference to review a plan at their own motion or at the request of at least 2 members of the conference.
The social worker (if allocated) or the youth justice coordinator must encourage and assist te tamaiti or rangatahi to participate in reviewing their plans. They must be supported, encouraged and provided with opportunities:
- to safely participate and freely express their views
- 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 themselves).
The views of te tamaiti or rangatahi must be taken into account.
If the social worker identifies that te tamaiti or rangatahi needs assistance to express their views or to be understood, or if they identify that te tamaiti or rangatahi has specific needs that require professional support (for example, communication assistance), they must discuss this with the youth justice coordinator.
Responsibilities of the youth justice coordinator
The youth justice coordinator must record on CYRAS the outcomes of the review and close the record or phase as required.
The youth justice coordinator must consider progress and review reports, and the views of te tamaiti or rangatahi and their whānau or family and support people when determining whether te tamaiti or rangatahi has completed their actions satisfactorily.
The youth justice coordinator must decide whether the objectives of the plan have been met (when the participants are satisfied the plan is completed and there is no further offending) and whether the plan was successful in its intent. They must record when actions are not completed but the review participants agree that the youth justice family group conference objectives were met.
The youth justice coordinator must ensure the review considers:
- the oranga (wellbeing) of te tamaiti or rangatahi and their whānau or family in relation to contributing factors to the offending
- whether any identified needs have been addressed – particularly in relation to needs that may have contributed to the offending and may reduce reoffending (for example, education, housing, health, relationship, drug or alcohol needs)
- if the expectations of the victims have been met.
The youth justice coordinator must record in CYRAS:
- the outcomes of the actions
- whether the plan has been satisfactorily completed
- where te tamaiti or rangatahi is living
- what education, training or employment te tamaiti or rangatahi is engaged in.
The youth justice coordinator must send closure letters detailing the outcome of the youth justice family group conference plan to everyone entitled to receive a copy, and to the Youth Court if appropriate.
The specific delegated responsibilities of the youth justice coordinator and social worker are set out in the Operational Delegations.
Staff resource: Operational delegations | Te Pae