Oranga Tamariki Act 1989 Flashcards
Child and Young Persons
Section 48
“Out too late”
Found UNACCOMPANIED
Child or young person is found in a situation where their physical/mental health is being, or is likely to be;
IMPAIRED
Section 48
“Out too late”
You find two youth, 15 years old… Intoxicated.
What can you do?
With their consent, take them back to their parents/guardians.
If they don’t consent to the above, take them and place them in to OT care
Section 48
…other considerations for CYP who don’t want to go home?
There is the ability to drop them off at another location once uplifted u dear section 48.
However this person must be suitable and wiling to look after them.
ALWAYS CONSIDER THE REASON THE CHILD DOES NOT WANT TO RETURN HOME.
Two 15yr old boys are found intoxicated. Section 48 kicks in. Boys do not consent to go home. OT social worker meets you at station. Colleagues identify toy the two boys as being involved in an theft ex car from earlier. Colleagues want to interview the boys and run an informal line up for a witness who is still being interviewed.
What action would you take?
The boys have been uplifted under the Care and Protection aspects of the OT Act.
They CANNOT BE INTEREVIEWED under the youth justice section.
- confirm ID
- take informal photos
- continue managing them under the care and protection ie. Deliver them to their parents or OT
Obligation to inform parents, caregiver about your interactions with their children?
Section 8
Parents have the RIGHT TO BE INFORMED of any action that significantly affects their children.
This is an obligation nota choice.
You must inform them as soon as practicable.
Job details:
Bus shelter glass is smashed and three youths are still kicking one of the other glass panels.
What offence can you arrest these three for?
SO A 1981, Section 11(1)(a)
Wilful Damage
- Intentionally
- Damages
- Property
Job details:
Bus shelter glass is smashed and three youths are still kicking one of the other glass panels.
Can you arrest them?
Yes, because you have EVIDENTIAL SUFFIENCY for them committing an offence against SOA 1981
- GCTS “I saw them kicking the glass panel”
- Power to arrest comes from SOA 1981 s39(1)
Job details:
Bus shelter glass is smashed and three youths are still kicking one of the other glass panels.
What OT Act requirement would you need to fulfill if making an arrest?
OT Act - Section 214, namely WEEP
This is fulfilled as an arrest would be required to prevent further offending
Job details:
Bus shelter glass is smashed and three 12yr old youths are kicking one of the other glass panels.
Considering their ages, what level of criminal offence ding would they have to commit before they can be held criminally liable?
What post arrest action would you take in this instance?
12-13yrs and the offence is one for which the max penalty available is or includes imprisonment for life or at least 14 years (other than murder or manslaughter)
These offenders would NOT be criminally liable.
Arrested and released into their parents care with followup action taken by YAS.
No charging documents would be laid.
Job details:
Bus shelter glass is smashed and three 12yr old youths are kicking one of the other glass panels.
Talk about how OT Act section 14(f)…
Where children or young persons commit offences:
I) they are held accountable, and e courage 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.
Job details:
Bus shelter glass is smashed and three youths are still kicking one of the other glass panels.
Arrest made.
Statutory reporting obligations, what are they?
- Submit a report to the Commissioner within 3 days.
- Must state the reasons why it was necessary to arrest the child or young person WITHOUT WARRANT.
Care and Protection: The Police Role
Police must investigate offences
Where alleged child abuse of any form is reported, the role of the police is to investigate the allegation, in co-operation with the Oranga Tamariki, Ministry of Vulnerable Children.
Care and Protection Principles
Paramount Principle
Section 6
The welfare and interests of the child or young person shall be the first and paramount consideration
Removing Children and Young Persons from Home
Police Powers to Remove:
Place of Safety Warrant - s39
Warrant to Remove - s40
Search without Warrant - s42
CYP found Unaccompanied - s48
Removing Children and Young Persons from Home
Search without Warrant
Section 42 “in the poo”
RGTB CRITICALLY NECESSARY TO PROTECT A CYP FROM. INJURY OR DEATH MAY WITH/WITHOUT WARRANT ENTER AND SEARCH (PLACES AND VEHICLES) REMOVE OR DETAIN THE CYP PLACE CYP INTO OT CARE
