Oranga Tamariki Act 1989 Flashcards
Understand youth justice and care and protection
What is section 39?
Place of Safety Warrant:
- Enter, search, remove and place in OT care
What is section 40?
Warrant to remove:
- Enter, search, remove and place in OT care
What is section 42?
Warrantless search:
- Enter, search, remove and place in OT care, when CRITICALLY NECESSARY to protect a child or young person from INJURY OR DEATH
What is section 48?
Unaccompanied:
- FOUND IN SITUATION physical, mental, health LIKELY TO BE IMPAIRED, take and deliver to parents (with consent) or to OT (no consent)
What is section 214?
No arrest of child or young person unless:
- Witness protection
- Ensure appearance at court
- Evidence destruction
- Prevent further offending
What is section 10B of the Crimes Act 1961?
Home alone:
Leaves a child (under 14) without reasonable supervision, for a time or under conditions that are unreasonable
What is section 6?
Welfare of the child or young person is paramount
What is section 8?
Parents or Caregivers MUST be informed
What is section 209?
Consideration of a WARNING other than prosecution for a child or young person
What is section 214A?
Arrest of a child or young person for breaching bail
What are sections 221-226?
Admissibility of statements made by a child or young person
What is section 222?
Nominated persons to be present for a child or young person
What is section 14?
Identifies children and young people in need for care and protection
What is section 13?
Principles of the Act
- Wellbeing entwined with family
- Wellbeing promoted by and through the family to the fullest extent
- Child only to be severed from family as a last resort
What is section 4?
Objects of the Act
- Children need to be held accountable for their actions
What is section 9?
Need to provide an interpreter if required
What is section 208?
Principles of the Act
- Alternative methods of dealing with the child
What is section 215?
RGTS you give BOR
What is section 215A?
Explain anything that may be appropriate to the inquiry
What is section 216?
Decided to charge, give BOR
What is section 217?
Decided to arrest, give BOR
What is section 218?
Rights must be explained in a manner and language they can understand
What is section 219?
No explanation need be given if the same explanation has been given in the last hour
What is section 223?
Exception in regards to statements admissible in court is for oral statements made spontaneously by a child or young person before the police have had a reasonable opportunity to comply with the requirements of the Act
