Oranga Tamariki Act 1989 - Care and Protection Flashcards

1
Q

Define Child and Young Person

A

Child - A person under the age of 14

Young Person - A person between the age of 14 and younger than 18

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2
Q

What is the paramount principle of the OTA1989?

A

The well-being and best interests of the CYP

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3
Q

S42 OTA1989

A

Protect CYP from injury or death

  • Any constable who believes on reasonable grounds
  • that is critically necessary to protect a CYP from injury or death
  • may without warrant enter or search (by force if necessary)
  • dwelling house, building, aircraft, ship, carriage, vehicle, premises or place and
  • remove or detain (by force if necessary) the CYP and
  • Place the CYP in the custody of Oranga Tamariki.

When using this power Police must inform the Commissioner of Police within 3 days.

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4
Q

S48 OTA1989

A

CYP found UNACCOMPANIED

  • Where a CYP is found unaccompanied, by a parent, guardian, other person who usually cares for them
  • in a SITUATION in which their PHYSICAL or MENTAL HEALTH is being, or likely to be IMPAIRED
  • a constable may use such force as may reasonably be necessary to take the CYP
  • with their CONSENT, DELIVER them into the custody of parent/guardian
  • if NO CONSENT is given OR caregivers are UNWILLING to take them, PLACE the CYP in the custody of Oranga Tamariki.
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5
Q

S10B Summary Offences Act 1981

A

Child left unaccompanied

  • Being a PARENT or GUARDIAN or the person having the care of a child
  • leaves that child
  • without making reasonable provision for the supervision and care of the child
  • for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances.

Penalty - $2000

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6
Q

Who should be notified about suspected child abuse?

A

The Oranga Tamariki Serious Abuse Team (SAT). They work in partnership with the Police Child Protection Team (CPT).

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7
Q

What does ‘in need of care and protection’ mean when referring to OTA?

A

2 behaviours -

  1. Parents/caregivers who ABUSE/ ILL TREAT their children or are UNABLE or UNWILLING to look after them, and
  2. CYP who will NOT LISTEN to their parents or wilfully misbehaviour to a serious degree.

(includes physical, mental, emotional, sexual, neglect)

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8
Q

What 5 actions does S42 OTA1989 allow you to do?

A
Enter and
Search the house
Remove or 
Detain (by force if necessary) 
Place in the care of OT
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9
Q

When must you inform the Commissioner of Police of your use of S42?

A

Police policy - by the end of the shift

Law- Within 3 days via the notification link on the 10/1 page.

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10
Q

What is a Place of Safety warrant? S39 OTA1989

A

Enter and Search the house, (by force if necessary)
If they believe on reasonable grounds that the CYP
• has suffered,
• or is likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm
REMOVE or DETAIN (by force if necessary)
Place in the care of OT

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11
Q

What does S48 OTA allow you to do?

A

TAKE CYP, with their consent DELIVER them into the custody of parent/caregiver, or if no consent given or parent/caregiver unwilling to take them, PLACE CYP in the custody of OT.

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12
Q

What are your obligations of S42?

A

On entering

  • Produce ID
  • State you are using OTA 1989, S42
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13
Q

What is S8 OTA1989?

A

Must inform parent or caregiver of any actions we take in regard to their children.

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