CYP'S Act and CPP Flashcards
214 (3) CYP Act 1989 - Notification to Commissioner
Must within 3 days days furnish written report to commissioner
Sec 218 CYP Act 1989 - Rights in appropriate manner
Rights and information to be explained to them in a manner and in a language that is appropriate to their age and level of understanding.
Sec 222 CYP Act 1989 - Nominated Persons
Persons who may be nominated:
a) A parent or guardian of the child or young person
b) An adult member of the family, whanau, or family group of the child or young person;
c) Any other adult selected by the child or young person
d) if the child or young person refuses or fails to nominate any person, an enforcement officer can nominate a person
Sec 222 (2) - Can refuse nominated person
An enforcement officer believes on reasonable grounds that any person nominated by a child or young person if:
a) would attempt or likely to attempt to pervert course of justice
b) cannot with reasonable diligence be located, or will not be available within a period of time.
Criteria for arresting juvenile offenders;
Sec 214 (a) states power of arrest if satisfied on reasonable grounds that it is necessary to arrest a CYP to:
i) Ensure Appearance in Court
ii) Prevent further offences
iii) Prevent loss or destruction of evidence or interference with any witness
Summons would not achieve purpose
Child protection investigation policy and procedures apply to what cases?
Where the victim is under 17 years of age at the time of making the complaint.
Serious child abuse includes:
- Sexual abuse
- Serious physical abuse
- Serious wilful neglect
- Serious family violence where child is a witness
- All allegations of child abuse against CYF caregivers
- All allegations of serious child abuse agains CYF or Police
Define Wilful Neglect
Ill treatment of a child in a manner likely to cause actual bodily harm, injury or mental disorder
3 key areas when determining seriousness are:
1) Action of the abuse
2) Injury inflicted
3) Circumstances
3 Initial steps police and CYF’S must follow are:
1) Referral - information shared between agencies
2) Consultation - discussion at appropriate levels
3) Agreement - agree upon initial action and IJIP
Initial Joint Investigation Plan outlines:
Who will do tasks, what they will do, when they will do it
Topics to consider when completing IJIP
Safety of child Are joint visits required Referral to medical practitioner Interview of child Forensic interview Evidence
What are the 3 CPP case categories?
1) CRITICAL - immediate risk of serious harm and the need of immediate protection may be necessary.
2) VERY Urgent - risk of harm but no immediate danger.
3) Urgent - risk of harm but protected in the short term.
Critical and Very Urgent require referral, consult, agree and IJIP within 24hrs. Very urgent is within 2 full working days.
Questioning a child
If an adult can tell you what happened, do not ask the child an Q’s
If unclear what child said but no safety issues, do not ask child any Q’s.
If absolutely necessary to ask Q, only ask open ended Q’s.
Do not continue Q if it becomes clear an offence has been committed.
