CYFS

Question 1

CYFS - Section 40

Warrant to remove child or young person

HINT: I-ASSS

HINT: search any: SCABD PVP

Answer 1

Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any DC Judge or Issuing officer, may, on application in writing, where there are reasonable grounds for believing that the child or young person is—

(a)Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or

b) So seriously disturbed as to be likely—
(i) To act in a manner harmful to the child or young person or any other person; or
(ii) To cause serious damage to property,—issue a warrant authorising any [constable] or a Social Worker, to search for the child or young person

Any person authorised by warrant under this section to search for any child or young person may—

(a) ENTER and SEARCH y force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Either—

(i) REMOVE or DETAIN, by force if necessary, the child or young person and place the child or young person in the custody of the [chief executive]; or
(ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.

Question 2

Section 42 - Search without warrant

Answer 2

(1) Any [constable] who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) ENTER and SEARCH, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) REMOVE or DETAIN, by force if necessary, the child or young person and place the child or young person in the custody of the [chief executive].
(2) Every [constable] who exercises any powers conferred by subsection

On first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—

(a) Produce evidence of identity;
(b) Disclose that those powers are being exercised under this section.(

Within 3 days forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

Question 3

Section 214

Answer 3

Sect 214(1)

(a) That it is necessary to arrest that CYF for the purpose of:
i. Ensuring the appearance of the CYF before the court
ii. Preventing the CYF from committing further offences OR
iii. Preventing the loss or destruction of evidence relating to an offence committed by the CYF or an offence the CYF has reasonable suspect of having committing an offence
iv. Preventing interference with any witness AND

(b) Where the CYF may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

Sect 214(1) you can arrest ONLY when proceeding by summons would not achieve the purposes

Sect 214(2)
2.  Can arrest where
RGTS the CYF has committed a purely indictable offence AND Police believe on RG that it is required in the public interest.

Question 4

Section 215

Child or young person to be informed of rights before questioned by enforcement officer

Answer 4

Before:

• QUESTIONING any child or young person whom there are RGTS of having committed an offence, or
• ASKING asking any child or young person any QUESTION INTENDED TO OBTAIN AN ADMISSION of an offence, explain to that child or young person—

(a) The enforcement officer would have power to arrest the CYP without warrant, that the child or young person MAY BE ARRESTED if, by REFUSING to give his or her name and address to the enforcement officer, the child or young person CANNOT BE SERVED WITH A SUMMONS and
(b) That the CYP is NOT OBLIGED to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, that he or she may WITHDRAW that consent at any time; and
(c) That the CYP is under no obligation to make or give any statement; and
(d) That if the CYP consents to make or give a statement, the child or young person may withdraw that consent at any time; and
(e) That any statement made or given MAY BE USED IN EVIDENCE in any proceedings; and
(f) That the CYP is entitled to CONSULT WITH, and MAKE or GIVE ANY STATEMENT in the presence of, a BARRISTER or SOLICITOR and any person NOMINATED by the child or young person in accordance with section 222 of this Act.

Question 5

Explain Section 218 in relation to giving a CYP rights?

Explanations to be given………………..

Answer 5

Sect 218 requires you to explain things in a manner and in a language appropriate to the person’s age and level of understanding.

Question 6

Section 222
Nominated adults. Section 222 outlines the people who can be nominated persons and acceptable witnesses – who does this include?

Answer 6

1. A solicitor
2. A parent or guardian
3. A person the juvenile has nominated
4. An adult member of the family or whanau
5. Any other adult, not being an enforcement officer
6. A person, who is not an enforcement officer, who has been nominated by you when the CYF has refused to nominate anyone.

Question 7

When do CYFS rights need to be explained?

Answer 7

1. When K9
2. RGTS of having committed an offence
3. Before asking any questions of the person you intend to obtain an admission of an offence.
4. While speaking to them you form the view RGTS that person has committed an offence
5. When the CYF asks about all or part of rights

Question 8

When can you disallow a nominated adult? When that person ..…..

Answer 8

• Would attempt to pervert the course of justice
• Cannot with reasonable diligence be found
• Will not be available within a period of time that is reasonable in the circumstances
• Would attempt/likely attempt, to pervert the course of justice
• Cannot be found after a reasonable and diligent search
• Is not available within a reasonable period of time

Question 9

Who cannot be a Nominated Adult?

Answer 9

.