Oranga Tamariki Flashcards
CYP meaning
Child or young person
OTA meaning
Oranga Tamariki Act 1989
YAS
Youth Aid Service
FGC
Family Group Conference
OT
Oranga Tamariki (Ministry for vulnerable children)
A child is…
A boy or girl under the age of 14
A young person is…
A boy or girl over the age of 14 but under the age of 17, but does not include anyone that has been married or in a civil relationship.
When dealing with a child or young person for a suspected offence, you will do one of the following…
Warn them,
Report them to YAS with a view to further action (summons),
Arrest them if section 214 is met
Section 4(f) of OTA states where a child or young person commits an offence: They are held..
They are held accountable and encouraged to accept responisibility for their behaviour,
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.
Youth justice principles stated in section 208 state: Criminal proceedings should not..
Criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter.
The ability of family/iwi to develop their own means of dealing with offending by their young ones should be fostered.
Measures for dealing with offending by children/young persons should have due regard to the interests of any victims of that offending.
Section 272(1) Age of..
Age of criminal responsibility
Children under 10 shall
Will not be convicted of an offence
Children 10-14 shall
Shall not be convicted of any offence unless they knew the act was against the law.
Young person 14-17 shall be
Criminally responsible for their actions. Will be dealt with by YAS, FGC, Youth court.
Person 17 years old is
Treated as an adult and speacial protections for children and young persons no longer apply.
Section 8 acknowledges…
That parents have the right to be informed of any action that significantly affects their children.
Section 8 officer responsibilities to parents..
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 officers actions and the reasons for them,
To any parent/guardian,
Orally or in writing.
Section 9 states
People have the right to receive information in a language they understand.
Section 218 requires that children and young persons have certain..
Rights and information explained to them in a manner/language that is appropriate to their age and level of understanding.
Section 215
Child or young person to be informed of rights before questioned by enforcement officer.
Section 215 A
Rights to be explained to child or young person on request.
Section 216
Enforcement officer to explain rights to child or young person who is to be charged with offence.
Section 217
Rights to be explained to child or young person who is arrested.
Section 219
Explanations not required if child or young person already informed of rights.
Section 215-219 talk about..
When a child/young person must be informed of their rights.
Section 214 arrest of a child or young person w…
Without a warrant.
Section 214A Arrest of a child or young person in..
Breach of a bail condition.
POL 388 AND POL 388A contain..
All the information police are required to give parents or other nominated persons.
Electronic interviews should show police..
Advising the young person of their rights.
Section 209, Consideration..
To warning as an alternative to prosecution.
No arrest of child/young person unless officer is satisfied on reasonable grounds that it is necessary to arrest to:..
Ensure child/young person appears in court.
Prevent further offences.
Prevent loss/disturbance of evidence.
Prevent interference with witnesses.
When an arrest is made you must submit a report to the..
Commissioner of Police. Must be made within 3 days and state why it was necessary to arrest the child without a warrant.
Before making an arrest under 214A you must have an approval from a..
Youth Aid Sergeant or your own supervising sergeant or a qualified Youth Aid Officer.
Section 221 Admissibility of
Statements made by children and young persons.
Section 229 Whenever you arrest a child or young person or take them to the police station for questioning you must..
Notify the parents and other persons nominated by the child.
Section 222(1) - sets out who is a ….
Suitable as a nominated person for the child.
Section 222(2) Police can..
Object to the chosen person.
When you have issued a warning you must submit a brief…
POL258 outlining details of the offence, basic details of offender, basic details of parents, who was informed of police action and details of the victim.
Section 14(1)(a) The child or young person is …
Being or is likely to be harmed (physicall, sexually, emotionally), ill treated, abused, or seriously deprived.
Section 14(1)(b) The child or young persons development or
Or physical or mental or emotional well-being is being, or is likely to be impaired or neglected and that impairment or neglect is or is likely to be serious and avoidable.
Section 14(1)(c) Serious differences exist between
The child or young person and the parents or guardians of the child or young person to such an extent that the physical or mental or emotional well being of the child or young person is being seriously impaired.
Section 14(1)(d) The child or young person has behaved or is behaving in a manner that
i) Is or is likely to be harmful to the physical, mental or emotional well-being of the child or young person or to others; and
ii) The child or young persons parents or guardians are unwilling or unable to control.
Section 14(1)(e) In the case of a child of or over the age of 10 and under the age of 14 the child has
Committed an offence or offences the number, nature or magnitude of which is such as to give serious concern for the well being of the child.
Section 14(1)(f) The parents or guardians of the child/young person are
Unwilling or unable to care for the child or young person.
Section 14(1)(g) The parents/guardians of the child/young person have
Abandoned the child/young person.
Section 14(1)(h) Serious differences exist between a parent, guardian or other person having the care of the child/young person and
Any other parent, guardian or any other person having the care of the child/young person to such an extent that the physical, emotional or mental well-being of the child/young person is being seriously impaired.
Section 14(1)(i) The ability of the child/young person to form a
Significant psychological attachment to the person or persons having the care of the child/young person is being or is likely to be seriously impaired because of the number of occasions on which the child or young person has been in the care of a charge person.
Section 14
Definition of child or young person in need of care or protection
Section 42 Power remove. Search..
Without warrant when you believe on reasonable grounds that it is critically necessary to protect a child or young person from injury or death.
Section 39 Power to remove. Place of..
Safety warrant. You may enter and search for any C/YP that is believed that they have suffered or is likely to suffer from ill-treatment, serious neglect, abuse, serious deprivation or serious harm.
Section 48 Power to remove Child/young person found
Unaccompanied by parent/guardian in a situation in which their physical, mental health is being impaired or likely to be.
Section 40 Power to remove with
Warrant. When child/young person is or is likely to suffer from neglect, abuse and harm.
Oranga Tamariki Act 1989 is split into two parts.
Youth Justice and Care and Protection.
