Chapter 1: CYP Flashcards
What is the name of the new CYP act?
Children Young Persons and their Families Oranga Tamariki Act 1989
What is the new Care and Protection age?
Young person: >=14 to <18 years (for the care and protection provisions)
What is the Delegation Change for CYFS act
Chief Executive is responsible (instead of Social Worker) He can delegate responsibility to other people.
Section 48 MVCOT - Unaccompanied kids - first part (1)
6 points, up till placement in custody of…
- CYP unaccompanied
- Situation where physical, mental health being/likely to be impaired
- Constable may, reasonable force, take CYP
- Consent - deliver into custody of parent/guardian/person normally having care
- If - CYP doesn’t want to be returned, or no person willing/able to have custody
- place into Custody of Chief Executive
Section 48 MVCOT - unaccompanied kids - 2nd part (2)
Placement is sufficient authority for detention until….
4 points… regarding return of CYP
Placement should be sufficient authority for detention until -
- CYP agrees to being returned - if carer willing OR
- Application made to court for declaration under 67 (child in need of Care&Protection)
- CYP brought before court to determine if held in custody pending disposal of the app, OR
- Circs indicate CYP is in need of C&P, held 5 days after custody, or in any other case, 3 days after.
Sn 208: Youth Justice Principals - (Dealing with offending)
ALL 9 PRINCIPALS
(scroll for answer)
a) ALTERNATIVES: No criminal proceedings against CYP if alternative means of dealing with matter
b) SERVICES: Proceedings NOT instituted against CYP solely to provide assistance/services
c) STRENGTHEN: Measures to deal with offending designed to - strengthen family AND to foster ability of families to develop own means of dealing with offending.
d) COMMUNITY: CYP kept in community - if practical and mindful of public safety.
e) AGE: Age of CYP is mitigating factor - whether to impose sanctions and the nature of such sanctions.
f) SANCTIONS: Sanctions imposed should:
- most likely to maintain and promote CYP development within family, AND
- take least restrictive form
fa) UNDERLYING: Measures must address causes underlying the offending
g) VICTIMS: Determining measures, consideration to views of victims, and regard for interests of victims and impact of offending
h) VULNERABILITY: Vulnerability of CYP entitles them to special protection during investigation
Sn 214 CYPOT act - Arrest of CYP
WHAT Grounds must you satisfy before you arrest CYP: parts 1 OR 2 (re. type of offending)
(not 214A)
1) Arrest if satisfied on RG - Necessary to arrest
i) Ensure appearance court
ii) Prevent commit further offences
iii) Prevent loss/destruction of evidence, prevent interference with witnesses
- if can be proceeded against by summons, summons couldn’t achieve above purposes
2) Arrest for offence -
a) RCS - Cat4 or 3, max penalty 14yrs AND
b) RGB - Required in public interest.
What is CYFS now called?
Ministry for Vulnerable Children Oranga Tamariki
SN 214 CYPOT act - Report if CYP arrested.
Who does it go to x3
Within how many days?
What is in the report?
3) Within 3 days of the arrest - written report:
a) To commish if constable
b) To Chief Executive if public servant
c) To chief executive of local authority
4) Reason why CYP arrested without warrant
Sn 214A CYPOT act - Arrest on breach of bail
GROUNDS FOR ARREST CYP ON BOB
Arrest without warrant
a) CYP released on bail
b) RGB - CYP breached condition AND
- CYP on 2+ previous occasions breached
Sn 214A - Authority to arrest from who?
Always obtain authority from Youth Aid Sergeant or, in their absence, Supervising Sgt, or Qualified YAS officer.
What to do if CYP breach bail - create what?
6D breach file for initial breach and alerts within 6D for all subsequent breaches.
If arrest under 214A - breach bail - what can you do re. custody?
If RGB likely to continue breaching, must place CYP in custody of Chief Executive.
Sn 234 CYPOT Act - Custody following arrest
What shall a constable do? X3
3rd point, Deliver to custody of who? x3
Arrested - constable shall:
a) Release or
b) Release on bail
c) Deliver to Custody of:
- Parent, Guardian, Person usually having care, (PGC)
- Agreement of CYP, Iwi social service, Cultural Social service
- Agreement of CYP, other person approved by Chief Executive or constable
Sn 235 CYPOT Act - CYP arrested into custody of Chief Executive - under what grounds? x4
Before when?
If constable RGB CYP:
- Won’t appear before court
- Will commit further offence
- prevent loss/destruction evidence, interference with witnesses
- or arrested as per 214A - Breach of bail and likely to continue to breach
Place CYP in custody of Chief Executive ASAP and before 24hrs after arrest.