Child and Young Persons

Question 1

A Child is:

Answer 1

A person under the age of 14 years

Question 2

A Young Person is:

Answer 2

A person over the age of 14 years and under 18 years

[Marriage, or civil union becomes an adult]

Question 3

s6 - What is Paramount

Answer 3

The welfare and interests of the C+YP is the first and Paramount consideration.

Question 4

Principles of s13(2)(b)

Answer 4

Well-being is directly related to that of their family group.
Well-being promoted by, or through the family in all ways practical.
Removal of C+YP should be a last resort.
[s6 overrides all decisions - “C+YP welfare is paramount”]

Question 5

W/o Warrant, Removal of C+YP from home

OTA - s42

Answer 5

s42 - Search without Warrant & Remove for safety.

                    [Any CONSTABLE RG2B]
                                   \+
 [CRITICAL need, to protect from INJURY, or DEATH]
                                   \+
                 [ENTER + SEARCH W/o Warrant]
          Any Structure, Place, form of Transport
                        (Force if necessary)
                                    \+
                 [REMOVE or DETAIN the C+YP]
                                    \+
  [Place the C+YP in Oranga Tamariki Custody]

Must provide identity, must state OTA, s42 authority, Notify commissioner of use of this power within 3 days.

Question 6

Place of Safety Warrant

OTA - s39

Answer 6

s39 - Any person authorised by warrant to search for a C+YP may,

[ENTER + SEARCH]
Any structure, Place, form of Transport
                    \+
[RG2B that C+YP has suffered, or may suffer mistreatment of any kind, or serious harm]
                    \+
[REMOVE or DETAIN the C+YP]
                    \+
[PLACE C+YP in Oranga Tamariki Custody]

Notify Commissioner for Children by report.

Question 7

C+YP found unaccompanied

OTA - s48

Answer 7

s48 - If a C+YP is found

[UNACCOMPANIED]
No Parent, Guardian, Carer
        \+
[Risk of Impairment to Physical, Mental Health]
        \+
[TAKE]
the C+YP
        \+
[DELIVER]
*with consent of C+YP*
into custody of Guardian
        \+
[NON-CONSENT]
or Guardian unwilling to take
[PLACE]
into Oranga Tamariki Custody

Question 8

SoA 1981 10B - offence

Answer 8

[Anyone:]
\+
[Being Guardian caring for under 14yrs]
\+
[Leaves child]
\+
[Without reasonable effort to provide supervision and care]
\+
[For a LENGTH OF TIME that is, or CONDITIONS  that are, unreasonable regarding all circumstances]