Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

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Transition from care to independence

Heading: inserted, on 30 June 2016, by section 36 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

386A Advice and assistance for people moving from care to independence

(1)

This section applies to a person who—

(a)

is of or over the age of 15 years but under 20 years; and

(b)

has at any time been in the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service—

(i)

pursuant to any agreement or order specified in section 361(a), (c), or (d); and

(ii)

for a continuous period of at least 3 months after the date that is 3 months before the person’s 15th birthday.

(2)

If a person to whom this section applies is in the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service, the person or organisation who has the care or custody of the person must—

(a)

consider what advice and assistance the person will need to become and remain independent after he or she leaves care or custody; and

(b)

provide, or arrange for the provision of, that advice and assistance to the person, to the extent that it reasonably relates to the period before the person leaves care or custody.

(3)

If a person to whom this section applies requests advice or assistance after he or she leaves the care or custody of an iwi social service, a cultural social service, or the director of a child and family support service, the agency that receives the request must refer the request to the chief executive.

(4)

If a person to whom this section applies has left the care or custody referred to in subsection (1), the chief executive—

(a)

must provide, or arrange the provision of, such advice and non-financial assistance as the chief executive in the chief executive’s discretion considers necessary to enable the person to achieve independence; and

(b)

may provide, or arrange the provision of, such financial assistance as the chief executive in the chief executive’s discretion considers necessary to enable the person to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the person.

(5)

Without limiting subsection (4), the assistance provided may include any of the following:

(a)

giving information:

(b)

assisting the person to obtain accommodation, enrol in education or training, or obtain employment:

(c)

legal advice:

(d)

counselling:

(e)

contributing to the expenses incurred by the person in living near the place where he or she is or will be—

(i)

employed or seeking employment; or

(ii)

receiving education or training:

(f)

making a grant to assist the person to meet expenses connected with their education or training.

(6)

Financial assistance provided to a person under subsection (4)(b) must be paid directly to the person unless the chief executive considers it appropriate to pay all or any of it to the person who is caring for the person in respect of whom the financial assistance is provided.

(7)

If the chief executive is providing financial assistance to a person that includes making a contribution or grant with respect to a course of education or training, the chief executive may—

(a)

continue to do so even though the person reaches the age of 20 years before completing the course; and

(b)

disregard any interruption in the person’s attendance at the course if the person resumes it as soon as practicable.

Section 386A: inserted, on 30 June 2016, by section 36 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 386A(4)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 386A(4)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 386A(5)(f): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).