Chapter 1 Children,Young Persons And Their Families(Oranga Tamariki) And Family Harm

Question 1

OT

What circumstances must exist for powers of s48 to be used?

Answer 1

• Found unaccompanied by Parent/Gaurdian/Person who has usual care…
• …in a situation where the Childs physical/Mental Health is being/likely to be impaired

Question 2

OT

What force can be used to uplift child found unaccompanied

Answer 2

…such force as may reasonably be necessary…

Question 3

OT

When a child is found unaccompanied…a constable may take the CYP and…

Answer 3

a) With the consent of CYP deliver CYP into custody of a parent guardian other person usually having care of CYP

b) If-
i) CYP does not wish to be returned to the
above mentioned; or
ii) Parent Gaurdian OP is not willing or able…

Place child in custody of CE.

Question 4

OT

s48(2) Placement of child in custody of CE is sufficient for detention of CYP or in a residence until?

Answer 4

a) CYP agrees to be returned to P/G/OP who is willing to have the care of the CYP; or
b) An application for a Care and Protection order and CYP is brought before court to determine if CYP is to be held in custody pending the disposal of application; or
c) where the circumstances of the case indicate the CYP is or may be in need of C&P, the expiry of 5 days after the day CYP was placed in custody, or in any other case, 3 days after that date - which ever first occurs.

Question 5

OT

s208

When weighing 4 primary considerations and the principles in section 5, the court or person must be guided by what principles?

Answer 5

(2)
(a) unless public interest requires otherwise, criminal proceedings should not be instituted against a CYP if there is an alternative means of dealing with the matter.

(b) that criminal proceedings should not be instituted against a CYP in order to provide any assistance or services.

(c) any measures for dealing with CYP should be designed to -
i) strengthen whanau, hapu, iwi of CYP
concerned and:
ii) foster the ability of whanau, hapu ,Iwi to
develop own means of dealing with
offending by their CYP.

(d) CYP who commits or alleged to have committed offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public:
(e) a CYP age is a mitigating factor