Oranga Tamariki Flashcards
Definition of CYP in need of care and protection.
The child or CYP is likely to be:
- Harmed (sexually, emotionally, physically)
- Ill treated
- Abused or seriously deprived
There a re serious differences between the CYP and the adult so the physical, mental or emotional wellbeing is being seriously impaired.
The adult is unwilling to care for the CYP
The Child aged 10-14 is offending to the extent where there is serious concern for their well being.
Section 42
Any constable who believes on reasonable grounds that it is CRITICALLY NECESSARY to protect a CYP from injury or death may without warrant enter the premises or place and remove or detain the CYP and place them in the custody of Oranga Tamariki.
Section 48
If a constable finds a CYP unaccompanied by a parent or guardian or another person who normally looks after them. In a situation that their physical or mental health is likely to be impaired or is being impaired, the constable can remove them (using reasonable force) the CYP with THEIR CONSENT to the parent or caregiver or Another person. If NO CONSENT is given or the parent or caregiver or another person is unwilling to take them, place the CYP in the custody of Oranga Tamariki
Section 39
Allows any person authorised by warrant to ENTER and SEARCH any dwelling-house, building, aircraft, ship, carriage, vehicle, premises or place if they believe on reasonable grounds that the CYP HAS SUFFERED, OR IS LIKELY TO SUFFER ill treatment, serious neglects, abuse, serious harm or serious deprivation to REMOVE OR DETAIN the CYP and place them in the custody of Oranga Tamariki
Summary Offences Act 1981,
Section 10B
The offence where children are left without reasonable provisions being made for their supervision or care.
Section 8
This section deals with police responsibilities to parents when dealing with child or young person matters.
If a police officer takes any action or
Makes any decision
That significantly affects that
child or young person
The officer shall inform as soon
as practicable of
The officer’s actions and the
reasons for them
Section 9
Details peoples rights to receive information in a language they understand. An interpreter may be necessary.
Sections 215,215A,216, 217, 219
when a CYP must be informed of their rights (explained in a manner appropriate to their age and level of understanding) before being questioned by an enforcement officer.
Section 214
NO ARREST OF CHILDREN OR YOUNG PERSONS.
UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest to:
-ensure the child or young person’s appearance in court
-prevent further offences
-prevent loss/destruction of evidence
-prevent interference with witnesses
Sections 221 to 226
The admissibility in court of statements made by a child or young person.
No statement made by a child or young person is admissible unless:
- Rights / caution explained, AND
- Child or young person allowed to consult with solicitor and/or nominated person if they wish to, AND
- Statement made in presence of one of the following (lawyer and /or person nominated by child or young person
Section 229
Whenever you arrest a child or young person or take them back to the station for questioning, you must notify the parents and other persons nominated by the child or young person.
Police must inform as soon as practicable
• A person nominated by the child or young person and a parent or guardian
• that the child or young person is at the police station; and
• that the nominated person/parent/guardian may visit them
The nominated person/parent/guardian is entitled to:
• visit the child or young person at the police station
• have the child or young person’s rights explained to them (as soon as practicable after
arrival at the police station and in language they can understand)
• consult privately with the child or young person
Section 226 + 230
No evidence or any consultation between a child or young person and a parent, guardian or other person is admissible on behalf of the prosecution in any proceedings
Ages of:
Child,
Young person
0-14
14-17
Section 4(f)
Section 4(f) of OTA directs that, where children or young persons commit offences:
i) they are held accountable, and encouraged to accept responsibility for their behaviour; and
ii) they are DEALT WITH IN A WAY THAT ACKNOWLEDGES THEIR NEEDS and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways.
