CM03 CYP Care and Protection

Question 1

Define separately Child and Young Person as stated in the Oranga Tamariki act 1989

Answer 1

Child: Person under the age of 14

Young person: Of or over 14 years but under 18 Years

Question 2

According to the Oranga Tamariki Act 1989, What is the paramount consideration when dealing with children and young people

Answer 2

“The well being and bests interests of the child or young person are the first and paramount consideration”
Section 4A (1)

Question 3

What agency does police work with to investigate any alleged child abuse?

Answer 3

Oranga Tamariki

Question 4

Understand and recognise the use of section 48 of the Oranaga Tamariki Act 1989

Answer 4

Child is:

• Found un-accompanied
• in a Situation where their Physical or Mental health is being or likely to be impaired
• Police may take (With force) the CYP and
• Deliver them back to the custody of their Parent/Gaurdian.
• If child doesn’t give consent, then they are placed in the care of Oranaga Tamariki.

Question 5

Understand and recognise the use of section 42 of the Oranaga Tamariki Act 1989

Answer 5

Constable has RGTB that it is critically necessary to protect a CYP has:

• Powers to enter and search a:
• building OR Vehicle to
• detain OR remove a child or young person and
• place that child into the car of OT.

Question 6

How does Section 39 of the Oranga Tamariki 1989 act relate to section 42?!

Answer 6

Section 39 is a watered down version of Section 42. If a child is likely to suffer il treatment/deprivation but it isn’t immediately necessary to enter, an officer can apply for a warrant to enact powers of section 42.

Question 7

What are police reporting requirements in relation to the use of powers:

Answer 7

An officer must inform the commissioner of the use of power to remove a CYP within 3 days.

Question 8

What is the understanding of section 10b of the Summary Offences act 1989

Answer 8

Children left unaccompanied:

It is an offence if a child under the age of 14 is left alone without reasonable supervision for a time that is unreasonable

Question 9

What is the purpose of Section 14 and 14AA of the OT Act 1989

Answer 9

It is to identify behaviours where a CYP is in need of care in protection through Oranga Tamariki. The main two relevant identifications are:

1) Parents who abuse/Ill treat their children
2) CYP who do not obey/listen to their parents and wilfully misbehave to a serious degree

Question 10

What is a necessary component to being able to charge/convict an 11-13 year old of an offence?

Answer 10

That they know the act or omission was wrong or that it was contrary to law

Question 11

What age is necessary to be considered a “Nominated Adult” for a young person?

Answer 11

At least 20 UNLESS you are a parent/Guardian