CM03: Oranga Tamariki Care and Protection Flashcards
What is Section 14 of Oranga Tamariki Act 1989
identifies children and young people (CYP) in need of care and protection:
if being/likely to be harmed, ill-treated, abused or seriously deprived
if their physical/mental/emotional wellbeing is being neglected or impaired and that is likely to serious and avoidable
serious differences exist between cyp and parents/guardians to such extent the physical/mental/emotional wellbeing is seriously impaired
the cyp is behaving/has behaved in manner likely to be harmful to wellbeing and the parents/guardians unable or unwilling to do have control
What is the paramount principle of the Oranga Tamariki Act 1989
Section 6
The welfare and interests of the child or young person shall be the first and paramount consideration
Care and protection principles are also in Section 13 of OT - what is it?
The wellbeing of the child is entwined with that of his or her family
The child’s wellbeing is to promoted by or through whanau to the fullest extent possible (take services to wrap around and support family)
The child is to be severed from family to the least extent possible and only as a last resort
What sections give us powers under the Oranga Tamariki Act 1989?
Sec 42: search without warratn
Sec 39: Place of safety warrant issued by courts
Section 48: Unaccompanied children/young person
What are the main principles of removing a CYP from their home?
The CYP should only be removed a s a last resort
If it is a choice between child or alleged offender leaving, it should always be the offender
If police remove the offender, orders must be put into place to protect the child (bail conditions/restraining orders)
A CYP cannot be removed from their home unless there is a risk of serious harm
What is Sec 48 of the Oranga Tamariki Act 1989?
Unaccompanied CYP
if a CYP is unaccompanied and their physical or mental health is being, or likely to be impaired, police can take the CYP and, with their consent take them home (must have adults consent to leave) or hand them over to OT
what is Sec 42 of Oranga Tamariki Act?
Search without warrant
Any police who believes on reasonable grounds
that its CRITICALLY NECESSARY to protect CYP from injury or death
may enter and search (by force if necessary)
anywhere
and REMOVE or DETAIN (force if necessary) the cyp
PLACE cyp with OT
What is Sec 39 of Oranga Tamariki Act 1989?
Place of safety warrant (mostly done by social workers)
An authorised warrant from the courts issued as they believe on reasonable grounds that CYP has suffered/will suffer ill treatment, serious neglect, abuse, serious deprivation, serious harm
can ENTER and SEARCH
to REMOVE or DETAIN
place child with OT
What is Sec 10B of Summary Offences Act 1981
Children left Unaccompanied
If a parent/guardian who has the care of a child under 14
leaves that child
without making reasonable provision for supervision and care of child
for a time that is unreasonable or under conditions that are unreasonable in the circumstances
