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NZ Police Initial Foundation Learning > CM03: Oranga Tamariki Act - Care & Protection > Flashcards

CM03: Oranga Tamariki Act - Care & Protection Flashcards

1
Q

Which statute covers the care and protection of Youth, and youth justice?

A

Oranga Tamariki Act 1989

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2
Q

Define child

A

A person under the age of 14 years

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3
Q

Define young person

A

A person of 14 years up to 17 years

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4
Q

What does CYP refer to?

A

Child or Young Person

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5
Q

Which Sections (Ss) state the principles relevant to the care and protection of CYPs?

A

Section 4
Section 4A(1)
Section 5
Section 13

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6
Q

Whats is the paramount principle?

A

The well-being and interests of the CYP

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7
Q

Which enactment identifies CYPs in need of care and protection?

A

Section 14

Section 14AA

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8
Q

State when a CYP is in need of care and protection

A

Suffering or likely to suffer serious harm by abuse, abandonment, neglect, self-directed behaviour

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9
Q

What is the role of Police?

A

To investigate all allegations of child abuse of any nature

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10
Q

Who is the partnership agency Police work with?

A

Oranga Tamariki

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11
Q

Who conducts interviews the CYP victims of child abuse?

A

Serious Abuse Team

Child Protection Team

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12
Q

Who must be removed from a home where there is reports of abuse on CYPs?

A

The alleged offender

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13
Q

When is a child removed from a home where the is reports of child abuse?

A

As a last resort, or

Serious risk of harm

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14
Q

What must be put into place when the offender is removed from the home?

A

Protection Order

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15
Q

What is the purpose of a Protection Order?

A

To protect the victim

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16
Q

Police have the power to remove CYPs under which sections?

A

Section 39
Section 40
Section 42
Section 48

17
Q

What is the title of Section 39?

A

Place of Safety Warrant

18
Q

What does Section 39 relate to?

A

To search for a CYP believed to be suffering or is in danger

19
Q

Who generally seeks a Place of Safety warrant?

A

Youth Services
Oranga Tamariki
CIB

20
Q

What is the title for Section 40?

A

Warrant to remove Child or Young Person

21
Q

What does Section 40 relate to?

A

To search for and remove the CYP with reasonable grounds to believe they are suffering or in danger

22
Q

What is the title for Section 42?

A

Search without Warrant

23
Q

What does Section 42 relate to?

A

CRITICAL necessity to search for a child believed to be in immediate danger if not found

24
Q

Name the statutory obligations of Police under Section 42(2)

A

Produce ID
State enactment
Inform Commissioner within 3 days

25
Q

When a child is removed or detained, under who’s custody will they go?

A

Oranga Tamariki

26
Q

What must be done when a child is taken into custody and released before the matter comes before court?

A

A Report made to the Commissioner for Children

27
Q

What must be contained in the ‘Report to the Commissioner for Children’?

A

Reason for taking action
Evidence
Solution

28
Q

What is the title for Section 48?

A

Child or Young Person Found Unaccompanied

29
Q

What does Section 48 relate to?

A

A CYP found unaccompanied in a situation of “physical or mental” impairment, return to caregivers or OT

30
Q

Where is Police power under section 48 applied?

A

Public places
Home alone situations
Parties
Reported by MOP

31
Q

What must a CYP be given when detainee under any enactment under the OTA?

A

Caution Rights

32
Q

What other Statute and enactment covers the warrantless power of search and entry?

A

Search & Surveillance Act 2012, Section 14

33
Q

What is Section 14 of the Search & Surveillance Act used for?

A

When there is reasonable ground to suspect risk of life that needs emergency response

34
Q

What does Summary Offences Act 1981, Section 10B relate to?

A

Leaving a child without reasonable supervision or care

35
Q

What is required for a successful prosecution of a crime against Section 10B?

A

Duration
Conditions
Being unreasonable

NZ Police Initial Foundation Learning (16 decks)

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