Oranga Tamariki Act 1989 Flashcards
As per the OTA 1989
What is a
Child
A person under the age of 14 (0 - 13)
As per the OTA 1989
What is a
Young Person
A person age 14 - 17 (under 18)
18 yrs old is an adult
What is the
Paramount Principle
The well-being and best interests of the child or young person are the first and paramount consideration
What are the three types of behaviours that may indicate a CYP is in need of care and protection?
- When parents or caregivers are unable or unwilling to look after the CYP.
- CYP who won’t stop behaving in a harmful manner to themselves or to their caregivers.
- A child aged 10-14, has committed an offence sufficient in number, nature or magnitude to cause serious concern for wellbeing.
What are the three types of behaviours that may indicate a CYP is in need of care and protection?
- When parents or caregivers are unable or unwilling to look after the CYP.
- CYP who won’t stop behaving in a harmful manner to themselves or to their caregivers.
- A child aged 10-14, has committed an offence sufficient in number, nature or magnitude to cause serious concern for wellbeing.
What are the powers of
Section 48
of the OTA 1989
CYP found unaccompanied
- Found unaccompanied.
- Physical or mental health is being, or likely to be, impaired.
- Take
- With their consent ** deliver** them to parent or caregiver.
- If no consent is given, or caregivers are unwilling to take them Place the CYP with Oranga Tamariki.
This power can be used in ANY PLACE, Public or Private.
CYP is detained and so MUST be given their Rights/Caution.
What are the powers of
Section 42
OTA Act 1989
Search Without Warrant
Believe on reasonable grounds
That it is Critically necessary to protect the CYP from Injury or Death
You may Enter or Search
and
Remove or Detain
and
Place the the CYP with Oranga Tamariki.
What are the powers of
Section 42
OTA Act 1989
Search Without Warrant
Believe on reasonable grounds
That it is Critically necessary to protect the CYP from Injury or Death
You may Enter or Search
Remove or Detain
And place the the CYP with Oranga Tamariki.
What are your
Section 42 Obligations
(Search without warrant)
- Identify yourself on entering.
Produce ID when asked or are not in uniform. - State that you are using Section 42 Oranga Tamariki Act 1989.
- Within 3 days, inform the commissioner.
Explain the elements of the
Summary Offences Act 1981: Section 10B
Children Left Unaccompanied
A parent or guardian Leaves a child aged Under 14 without reasonable supervision for an Unreasonable Time or Unreasonable Conditions
