Vulnerable Children Legislation Amendments to the Children, Young Persons, and Their Families Act, 1 July 2016.

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Presentation transcript:

Vulnerable Children Legislation Amendments to the Children, Young Persons, and Their Families Act, 1 July 2016

Key amendments to the CYP&F Act >Ensuring the safety of subsequent children >Permanent caregiver support: Special guardianship Financial and other assistance for permanent caregivers >Assisting care-leavers to achieve independence >Family group conferences, court plans and reports

Ensuring the safety of subsequent children Child, Youth and Family has new obligations in cases involving people who have previously: > had a child or young person removed due to abuse or neglect and who have no realistic possibility of caring for that child or young person again, or > been convicted of the murder, manslaughter or infanticide of a child or young person in their care and who go on to parent another child.

Subsequent Children - New Obligations > We are required to assess parents who meet these criteria and have, or are likely to have, their subsequent child (under age 14) in their care > The assessment’s focus is on whether we think they will inflict, or allow to be inflicted, the kind of harm the previous child or young person experienced > We must apply to Court > Court makes the determination > Other concerns can be assessed concurrently - the usual process applies.

What permanent caregivers told us You need support to be available when you need it You need expert people to offer advice and assistance You want to be able to access a range of support services in your locality You want to understand what supports you're able to get You want the supports to be fair and consistent around the country.

Who can access Permanent Caregiver Support? From 1 July 2016, a “permanent caregiver” will be legally defined as either: a special guardian, or a person who has obtained orders under the Care of Children Act in substitution for custody orders or a section 140 agreement under the Children, Young Persons, and Their Families Act. *Caregivers who provide a permanent living arrangement with no legal orders after the discharge of our custody will be defined by CYF as a Permanent Caregiver.

The Permanent Caregiver Support Package Payment of reasonable legal costs A $2,500 upfront payment (and baby starter package where applicable) Access to the National Caregiver Training Programme Financial support from Work and Income Individualised and needs led support plan for up to the first 12 months Referral to the Permanent Caregiver Support Service Ability to comeback & access financial & other assistance (under s388A CYP&F Act) for future needs up until the mokopuna reaches 17 years old

Permanent Caregivers - Future Needs The criteria for making decisions regarding future support needs are in Section 388A(2) of The CYP&F Act. Section 388A obliges the CE to ensure the provision of financial and other assistance to permanent caregivers of mokopuna that: arises as a result of the child’s care and protection needs, or as a result of extraordinary health, education or developmental needs and is more than what is reasonable to expect the caregiver to fund and cannot be met by existing sources of support and is unlikely to be provided otherwise and is reasonable to be provided by the CE and the provision of assistance is consistent with any general or special directions given to the CE in writing by the Minister.

Permanent Care - Legal arrangements There are new legal options available to you: Get independent legal advice in considering legal options to secure permanency We will explain what should be considered in choosing between different guardianship arrangements under CoCA and Special Guardianship

Special Guardianship Order Day to day care & guardianship & access arrangements in one order If you want we can apply for the order on your behalf To vary or change the order special guardians, parents or other guardians have to have a change in circumstances or the child’s circumstances have to be different to get permission from the Court A special guardian can apply to the Court to have exclusive rights for specific issues but only if its in the best interests of mokopuna and… If the permanent living arrangement for mokopuna changes you have to tell us

Assisting Care Leavers to Achieve Independence > New obligation to support young people preparing to leave care to enable them to successfully transition to independence > This support includes: robust planning for transition from care use of extended care agreements accessing advice and assistance post care.

Planning for the Transition from Care The Plan for Independence > The Plan for Independence must be developed for all young people in care, aged between 15 and 17. > The following areas will be included in the Plan: education, training and employment networks of support (relationships) safe living arrangements financial support health and wellbeing needs culture and identity life skills official documentation.

Advice and Assistance Post Care > Young people who have left care can come back and ask for advice support and assistance right up until age 20 > Support will be based on an assessment of their needs > We must: consider what other services and supports are available support the young person to access these services > Access to support is available via: Child, Youth and Family’s contact centre the young person’s previous or nearest Child, Youth and Family site

FGC, Court Plans and Reports What will be clearer: > the social worker’s assessment regarding the likelihood of a child or young person returning home > the outcomes, timeframes and review dates > the parent, guardian or caregiver/s responsibilities and personal objectives > the child’s or young person’s responsibilities and personal objectives (as appropriate).

Investing in Children Programme Vision: “New Zealand values the well- being of our children above all else.” Purpose: “ To ensure that all children and young people are in loving families and communities where they are safe, strong, connected, and able to flourish.”

Building Blocks of the Future System Engaging all New Zealanders A child-centred system Strategic partnering An investment approach High aspirations for Māori A trauma-informed professional practice framework There are six key building blocks of the future system…

Child-Centred System Six objectives for a child-centred system: Ensuring that children have the earliest opportunity for a loving and stable family. Addressing the full range of needs for each child. Preventing victimisation of children. Helping children to heal and recover. Supporting children to become flourishing adults. Helping children and young people to take responsibility for their actions and live crime-free lives.

Care Support Children need a loving stable family usually with their birth family Early decisions about their care need to be made A planned and supported approach to care placements A larger and more diverse pool of caregivers and caregivers families Trusting caregivers as leading participants when key decisions are made for the child

New Ministry The Ministry for Vulnerable Children – Oranga Tamariki comes into effect on 1 April Stand alone agency, that will incorporate Child, Youth and Family, Community Investment, and the Children’s Action Plan. The new ministry: – signals a whole of sector approach – provides a single point of accountability – has a broader remit, including prevention as a core area of focus The inaugural CE, Gráinne Moss came on board on 5 Sept 2016.