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Pathways to care: Care Agreements

Updated: 14 April 2023

This document sets out the provisions available when a mokopuna enters care through a voluntary agreement with the parents, guardians or usual persons having care of the mokopuna under the provisions of s139 and s140 of the Oranga Tamariki Act 1989.

Update made to this guidance: The consent given by mokopuna over the age of 12 does not need to be in writing but does need to be recorded in CYRAS and in the s140 agreement.

Under these provisions the mokopuna comes into the care of the chief executive, or an approved service (under s396 of the Oranga Tamariki Act 1989), for a specific period of time – from 28 days to 2 years depending on the age of the mokopuna and the type of agreement.

The wishes and views of the mokopuna must be considered at all times. Mokopuna over the age of 12 must give consent to a s140 extended care agreement. This consent must be recorded in CYRAS and in the s140 agreement.

The outcome is always for the mokopuna to return home, unless they are over the age of 15 and it is intended that they will transition to independence [s140(1)(d)].

Oranga Tamariki Act 1989