CM03: Oranga Tamariki Act - Care & Protection Flashcards
Which statute covers the care and protection of Youth, and youth justice?
Oranga Tamariki Act 1989
Define child
A person under the age of 14 years
Define young person
A person of 14 years up to 17 years
What does CYP refer to?
Child or Young Person
Which Sections (Ss) state the principles relevant to the care and protection of CYPs?
Section 4
Section 4A(1)
Section 5
Section 13
Whats is the paramount principle?
The well-being and interests of the CYP
Which enactment identifies CYPs in need of care and protection?
Section 14
Section 14AA
State when a CYP is in need of care and protection
Suffering or likely to suffer serious harm by abuse, abandonment, neglect, self-directed behaviour
What is the role of Police?
To investigate all allegations of child abuse of any nature
Who is the partnership agency Police work with?
Oranga Tamariki
Who conducts interviews the CYP victims of child abuse?
Serious Abuse Team
Child Protection Team
Who must be removed from a home where there is reports of abuse on CYPs?
The alleged offender
When is a child removed from a home where the is reports of child abuse?
As a last resort, or
Serious risk of harm
What must be put into place when the offender is removed from the home?
Protection Order
What is the purpose of a Protection Order?
To protect the victim
Police have the power to remove CYPs under which sections?
Section 39
Section 40
Section 42
Section 48
What is the title of Section 39?
Place of Safety Warrant
What does Section 39 relate to?
To search for a CYP believed to be suffering or is in danger
Who generally seeks a Place of Safety warrant?
Youth Services
Oranga Tamariki
CIB
What is the title for Section 40?
Warrant to remove Child or Young Person
What does Section 40 relate to?
To search for and remove the CYP with reasonable grounds to believe they are suffering or in danger
What is the title for Section 42?
Search without Warrant
What does Section 42 relate to?
CRITICAL necessity to search for a child believed to be in immediate danger if not found
Name the statutory obligations of Police under Section 42(2)
Produce ID
State enactment
Inform Commissioner within 3 days
When a child is removed or detained, under who’s custody will they go?
Oranga Tamariki
What must be done when a child is taken into custody and released before the matter comes before court?
A Report made to the Commissioner for Children
What must be contained in the ‘Report to the Commissioner for Children’?
Reason for taking action
Evidence
Solution
What is the title for Section 48?
Child or Young Person Found Unaccompanied
What does Section 48 relate to?
A CYP found unaccompanied in a situation of “physical or mental” impairment, return to caregivers or OT
Where is Police power under section 48 applied?
Public places
Home alone situations
Parties
Reported by MOP
What must a CYP be given when detainee under any enactment under the OTA?
Caution Rights
What other Statute and enactment covers the warrantless power of search and entry?
Search & Surveillance Act 2012, Section 14
What is Section 14 of the Search & Surveillance Act used for?
When there is reasonable ground to suspect risk of life that needs emergency response
What does Summary Offences Act 1981, Section 10B relate to?
Leaving a child without reasonable supervision or care
What is required for a successful prosecution of a crime against Section 10B?
Duration
Conditions
Being unreasonable
