CM03 CYF Care and Protection Flashcards
What is a young person?
14 - 17 years
When is child or young person in need of care and protection?
Under s14 and s14AA OTA 1989
- Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them
- Children or Young Persons who will not obey/listen their parents or wilfully misbehaviour to a serious degree.
What is a child?
Under 14
Section 42
Believe it is critically necessary to protect a young person/child from injury or death
May enter and search (with force)
Any building, vehicle etc.
Remove or detain the child/young person
Place the child/young person in custody of Oranga Tamariki
When/who must you report to when you enact s42?
You must report this to the commissioner within 3 days.
What is the difference between s39 and s42?
s42 means it is critically necessary whereas s39 a warrant must first be obtained (meaning it is not critically necessary but action is desired).
Section 48
Found unaccompanied by a parent or guardian or other person who usually cares for them
In a situation where their physical or mental health is being, or is likely to be, impaired
A Constable may take
With their consent deliver them into the custody or a parent or guardian
If no consent is given or caregivers are unwilling then must place them in the custody of Oranga Tamariki
Section 10B, Summary Offences Act 1981
If someone is left under the age of 14 years without reasonable provision for the supervision of that child for a time that is unreasonable having regard to all the circumstances.
After seeing a child at midnight by themselves and they refuse to go home to their parents, what should you do?
Advise OT and place them in their custody as they child has not given you their consent to return to their parents.
What is the primary principle when making care and protection decisions?
Under s6 this is that the welfare and interests of the child or young person shall be the first and paramount consideration.
When is it necessary to arrest a child under s214(1) OTA 1989?
W - Prevent interference with any witness
E - Ensuring their appearance in court
E - Prevent the loss or destruction of evidence
P - Preventing from committing further offences
When can a Constable arrest a child under s214(2) OTA 1989?
(a) Reasonable cause to suspect that they have committed category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; and
(b) The constable believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest
