When children and young people move (including overseas)
Updated: 22 July 2024
This policy outlines requirements when mokopuna are living outside their home country. There is a new policy for casework responsibilities when our work involves more than 1 site – when tamariki are living outside their normal area or travelling within New Zealand. There is also a separate travel policy.
Policy: Casework responsibilities when our work involves more than 1 site
Practice framework prompts for this policy
Our practice is framed in te Tiriti o Waitangi (the Treaty of Waitangi), based on a mana-enhancing paradigm for practice 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. Our practice framework helps us make sense of and organise our practice.
Domains
Ngākau whakairo
How will I make sure that the right of te tamaiti or rangatahi to maintain and strengthen their relationships with their family, whānau, hapū, iwi and family group and whakapapa connections is upheld when they are living overseas?
Ngākau whakairo practice framework domain
Whai mātauranga
What do the narratives of the whānau or family tell me about their views and experiences of being separated from important people and places? Have I considered the historical context of this whānau or family, and how I can incorporate their experiences and beliefs into my work with them?
Whai mātauranga practice framework domain
Whai oranga
How am I exploring opportunities for te tamaiti or rangatahi to connect with, and express, their identity and cultural practices in the country they will being living in? What steps will I need to take to support te tamaiti or rangatahi to continue to be connected or remain connected to whakapapa?
Whai oranga practice framework domain
Whai pūkenga
How will I facilitate conversations for guardians to remain fully involved and resolve potential differences in a way that respects the views of all involved?
Whai pūkenga practice framework domain
Whai ākona
How could my own experiences help me understand grief and loss te tamaiti or rangatahi and their whānau or family may experience as a result of separation? What impact might this separation have on the collective oranga of the whānau or family and how might I accommodate this in my practice?
Overseas placement
Mokopuna in the custody of the chief executive, or for whom the chief executive is party to a plan resulting from a family group conference, will only be placed overseas under exceptional circumstances when:
- the overseas placement is in their best interests, and
- the overseas authority has recommended that the proposed caregivers are safe and suitable, and
- the chief executive's legal obligations have been discharged by the court or any plan the chief executive is party to has been reviewed and concluded, and
- upon departure from New Zealand, the case is closed, and
- the mokopuna is able to permanently reside in the relevant country, and
- the new caregivers are able and willing to legally assume custody and guardianship of the mokopuna.
Overseas placement is a guardianship decision and the consent of all guardians in writing must be obtained prior to the placement being made. This includes consent from any additional guardians granted under the Oranga Tamariki Act 1989 or the Care of Children Act 2004. If the guardians are not in agreement about the overseas placement, the Family Court must make the final decision.
The placement must be approved by the DCE Tamariki and Whānau Services.
When the family group conference is being held as a result of a section 19 referral by a Child and Family Support Service, that service is responsible for taking adequate steps to check that the prospective caregivers are able to adequately meet the care and protection needs of the mokopuna.