Sgts CYPF and Family Harm

Question 1

Oranga Tamariki Act

Answer 1

1989

Question 2

Care and protection of children and young persons - Section 39 OTA 1989

Answer 2

Place and Safety warrants

Question 3

Who can authorise a C and P Section 39 SW

Answer 3

Judge or if none available an issuing officer

Question 4

What is the threshold for a Section 39 C and P SW

Answer 4

Reasonable Grounds to suspect that a child or young person

Question 5

A Section 39 C and P SW - Reasonable grounds to suspect that a child or young person….

Answer 5

is Suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse or harm (S.I.N.D.A.H)

Question 6

Who can make an application for a C and P SW

Answer 6

Constable or a Social Worker

Question 7

Any person executing a Section 39 -Place of Safety SW for a child or young person may

Answer 7

(A) Enter and search, by force, any dwelling house, building, aircraft, ship, carriage, vehicle, premise or place (B) if that person believes on reasonable grounds that the child or young person has (S.I.N.D.A.H)

Question 8

Section 39 Place of Safety SW - What can they do when they locate child or young person

Answer 8

(i) Remove or detain by force if necessary, the child or young person and place the child or young person in the custody of the Chief Executive or, (ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.

Question 9

Section 42 Search without Warrant

Answer 9

(1) Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may without a warrant, (a) Enter and search by force (b) Remove or detain then place in the custody of the chief executive

Question 10

Section 42 Search without warrant - obligations

Answer 10

If requested at any subsequent time, (a) produce evidence of identity and (b) Disclose that those powers are being exercised under this section

Question 11

Once executed a Section 42 Search without warrant - within 3 days you must do what?

Answer 11

forward a report to the Commissioner of Police a written report on the power and the circumstances in which it came to be exercised.

Question 12

Section 48 - unaccompanied children and young persons - When a child or young person is found unaccompanied - what situation must be present to remove them?

Answer 12

The child’s or young person’s physical or mental health is being or likely to be impaired

Question 13

What age is a child under the OTA 1989

Answer 13

Child under 14 years

Question 14

What age is considered a young person under the OTA 1989

Answer 14

Child of or over the age of 14 but under 18 years of age

Question 15

Under section 48 of the OTA 1989 A Constable may, using such force as may be reasonably necessary take that child and YP and

Answer 15

(a) With the consent of the child or YP deliver the child or YP into the custody of a parent or guardian or other person having care of the child or YP or, (b) if, (i) they do not wish to be returned to parent or guard or person having care of child or YP, (ii) parent or guard is not willing or able to have custody of child or YP - place them in the custody of the Chief Exec.

Question 16

OT Act 1989 - Section 208 Principles - 4(A) Four main principles

Answer 16

1 - The well-being and best interest of the child and YP
2 - Public Interest
3 - The interests of any victim
4 - Accountability of the Child and YP for their behaviour

Question 17

The alternative measures to deal with offending youths should be designed to:

Answer 17

Strengthen the family
Foster the abilities of families to develop their own means of dealing with offending by their child or YP

Question 17

Unless public interest requires otherwise - what should not happen to a child or YP

Answer 17

Criminal proceedings if there is an alternative means of dealing with the matter

Question 18

The child or YPs age is a mitigating factor in determining what?

Answer 18

1 Whether or not to impose sanctions in respect of offending
2 the nature of any such sanctions

Question 19

Sanctions imposed on a child or YP who offends should?

Answer 19

1 Promote development of child or YP in their family
2 Least restrictive form that is appropriate in the circumstances

Question 20

Section 214 - OTA 1989

Answer 20

Arrest of a child or young person without warrant

Question 21

When can an officer arrest a child or YP under 214

Answer 21

Satisfied on reasonable grounds, to ensure the appearance of the child or YP before the Court or prevent Child or YP committing further offences or preventing the loss or destruction of evidence or interference with any witnesses

Question 21

What must you do if you arrest a child or YP under 214

Answer 21

within 3 days, must furnish a written report to the Commissioner of Police,

Question 22

Section 214A of the OTA 1989

Answer 22

Arrest of child or YP in breach of bail condition

Question 23

Authority to arrest under 214A must be obtained by

Answer 23

Youth aid sergeant, or qualified youth aid officer or supervising sergeant or above.

Question 24

Section 215 child or YP to be informed of rights before questioned

Answer 24

Rights to be given before questioning or obtaining an admission