Chapter 1 - CYFS

Question 1

What is the definition of a young person under the new CYF act?

Answer 1

A person over the age of 14 years but under the age of 18 years is defined as a young person in the care and protection provisions of the CYFS act

Question 2

Section 39 CYFS act place of safety warrant

Answer 2

Any district court judge or any issuing officer who on application in writing is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering or will likely suffer ill treatment neglect abuse or harm may issue a warrant authorising any constable or the chief executive to search for that child or young person

An application for a warrant under this section may be made by a constable or chief executive

Allows the person executing the warrant to enter and search by force if nessecary any dwelling house building etc if the person believes on reasonable grounds that the child or young person has suffered or is likely to suffer ill treatment serious harm neglect abuse

That person can remove or detain by force if nessecary the child or young person and place the child in the custody of the chief executive or where the child or young person is in hospital direct the medical superintendent of the hospital to keep that child or young person in that hospital

Question 3

Section 42 search without warrant definition

Answer 3

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may without warrant

Enter and search any dwelling house building ship aircraft
Detain or remove by force if nessecary the child or young person and place the child or young person in the custody of the chief executive

Every constable exercising this power must
Produce evidence of identity
Disclose that those powers are being exercised under this section

Must submit report to commissioner within 3 days

Question 4

Section 48 unaccompanied children and young persons

Answer 4

Where a child or young person is found unaccompanied by a parent or guardian who usually has care of the child or young person in a situation where that child or young person physical or mental health is or is likely to be impaired a constable may using such force as is nessecary take the child or young person and

With the consent of that child or young person deliver the child or young person into the custody of a parent or guardian usually having care of the child or young person or

If no parent guardian or other such person is willing or able to have custody of the child or young person

Place the child or young person in the custody of the chief executive by delivering the child or young person to the chief executive acting through the chief executives delegate

Question 5

What the acts affected by the new care and protection age limits

Answer 5

Section 39 place of safety warrant
Section 42 search without warrant
Section 48 children or young persons unaccompanied

Question 6

Section 208 CYFS act principals

Answer 6

Any person or court who exercises any powers under the act shall be guided by the following principals

Unless public interest requires otherwise criminal proceedings shall not be instituted against a child or young person if there is an alternative means of dealing with the incident

Question 7

Section 214 CYFS act

Answer 7

Arrest of child or young person without warrant

Nessecary to arrest child or young person without warrant for the purpose of
Ensure appearance in court
Prevent further offending
Prevent loss or destruction of evidence
Prevent witness interference

Proceeding by summons would not achieve that purpose

Doesn’t apply if
has reasonable cause to suspect child has committed cat 4 offence (murder) of category 3 offence where max sentence is 14 years (robbery)

Must advise commissioner within three days

Question 8

Section 214A CYFS act

Answer 8

Arrest of child or young person in breach of bail conditions

A constable may arrest a child or young person without warrant if
Te child or young person has been released on bail and the constable believes on reasonable grounds that
The child or young person has breached a condition of that bail and the child or young person has on 2 or more occasions breached a condition of that bail (whether or not the same condition)

Authority to arrest under this provision must always be obtained from a youth aid sergeant in the first instance or in their absence a supervising sergeant or above or a qualified youth aid officer

Question 9

Section 215 CYFS act

Answer 9

Child or young person to be informed of rights before questioned by enforcement officer

Question 10

Section 215a CYFS act

Answer 10

Rights to be explained to a child or young person on request

Question 11

Section 216 CYFS act

Answer 11

Enforcement officer to explain rights to child or young person who is the be charged with an offence

Question 12

Section 217 CYFS act

Answer 12

Rights to be explained to child or young person who is arrested

Question 13

Section 218 CYFS act

Answer 13

Explanations to be given in manner and language appropriate to age and level of understanding of child or young person

Question 14

Section 219 CYFS act

Answer 14

Explanations not required if child or young person already informed of rights

Must have been given in the last hour

Question 15

Section 221 CYFS act

Answer 15

Admissibility of statements made by children and young persons

Section applies to every child or young person who is being questioned in relation to the commission or possible commission of an offence
Any child or young person who has been arrested under section 214
An enforcement officer has decided to charge with the commission of an offence
Who has been detained in the custody of an enforcement officer following arrest pursuant to section 214 of this act

Statement not admissible unless
Explained section 215 to the child or young person
Child or young person has been allowed to consult with any person in accordance with section 222 of this act
The child or young person makes or gives the statement in the presence of one or more of the following person
Barrister or solicited
Any person nominated by the child or young person under section 222
If child or young person fails to nominate a person anyone set out in paragraphs a or b of section 222

Question 16

Section 222 CYFS act

Answer 16

Persons who may be nominated for the purpose of section 221(2)(b) or (c)

These include
A parent or guardian of the child or young person
An adult member of the child or young persons whanau family group
Any other adult (can refuse if adult is likely to pervert course of justice or can’t be located)
If child does not nominate anyone any adult (decision made by constable)

Question 17

Section 223 CYFS act

Answer 17

Section 221 not to apply where statement made before requirements of that section can be met

Section 221 does not apply if child or young person makes a spontaneous admission and before constable has been able to comply with section 221 requirements

Question 18

Section 229 CYFS act

Answer 18

Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested

Enforcement officer must
Inform a person nominated by the child or young person in accordance with section 231 of the act that the child or young person has been arrested or there for questioning and they may be visited there

This person can
Visit the child or young person
Can consult privately with child or young child
Explained section 215 (bill of rights youth)

Question 19

Section 231 CYFS act

Answer 19

Persons who may be nominated for the purposes of section 229(1)(a)

A parent or guardian of the child or young person
Adult member of family
Any adult selected by the child (229(2)(a) applies
Any adult nominated by enforcement officer if child or young person does not select a person

Question 20

Section 233 CYFS act

Answer 20

Breath alcohol and blood alcohol provisions of land transport act 1998 not affected

Question 21

Section 234 CYFS act

Answer 21

Unless child or young person is arrested under 234,236 and 244 of CYFS act constable must

Release the child or young person
Release the child or young person on bail
Deceiver the child to parent caregiver
Iwi social service with child’s consent I
With Childs consent any person or organisation approved by the chief executive or constable

Question 22

Section 235 CYFS act

Answer 22

Child or young person who has been arrested and if subsection 1a applies

Place the child in the custody of the chief executive
Must do so as soon as practicable and not later than 24 hrs after the arrest

This applies if
Believe on reasonable grounds 
Won't appear in court
Prevent loss or destruction of evidence
Prevent witness interference
Prevent further offending
Arrested under 214a and likely to continue breaching bail

Must deliver to chief executive delegate
Explain
Identity of the child
Circumstances of the arrest
Date and time of court appearance

Question 23

Section 236 CYFS act

Answer 23

Young person who is arrested may be detained in police custody

Authorised by senior sergeant or above
Satisfied on reasonable grounds
Young person is likely to be violent or abscond
Suitable facilities are not available to the chief executive

May be detained for a period exceeding 24 hours or until court date

Report must be made to police commissioner within 5 days
Circumstances of arrest
Duration that child will be in police custody