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

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19 Referral of care or protection cases to care and protection co-ordinator by other persons or by court

(1)

Where—

(a)

after inquiry, any body or organisation (including a government department or other agency of the Crown, or a local authority) concerned with the well-being of children and young persons; or

(b)

in any proceedings, any court—

believes that any child or young person is in need of care or protection on 1 or more of the grounds specified in section 14(1) (other than on the ground specified in section 14(1)(c)), that body, organisation, or court may refer the matter to a care and protection co-ordinator.

(1A)

Every referral pursuant to subsection (1) shall be accompanied by—

(a)

a statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and

(b)

particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and

(c)

a statement indicating whether or not the referral is being made with the consent or knowledge of—

(i)

the parents or guardians or other persons having the care of the child or young person to whom the referral relates; or

(ii)

the family, whanau, or family group of that child or young person; and

(d)

any recommendation as to the course of action the care and protection co-ordinator might take in respect of the referral.

(2)

Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) shall, where it appears to that care and protection co-ordinator to be necessary to do so,—

(a)

except where paragraph (b) applies, convene a family group conference in accordance with section 20; or

(b)

where the child is believed to be in need of care or protection on the ground specified in section 14(1)(e), report the matter to the appropriate enforcement agency; or

(c)

take such other action as is appropriate in the circumstances.

(3)

For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a), a care and protection co-ordinator may arrange for a case to be investigated by the chief executive.

(4)

Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) by a court shall,—

(a)

within 28 days after receiving that referral, furnish to the court a written report stating—

(i)

what action (if any) has been taken with respect to the case as a result of the referral; and

(ii)

if any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and

(iii)

what further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and

(b)

subject to paragraph (c), where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the court a written report stating—

(i)

what progress (if any) has been made with respect to that action; and

(ii)

when that action is likely to be completed; and

(c)

where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved.

Section 19(1): amended, on 1 July 2019, by section 27(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 19(1): amended, on 30 June 2016, by section 10 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 19(1): amended, on 8 January 1995, by section 7(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 19(1)(a): amended, on 1 July 2019, by section 27(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 19(1A): inserted, on 8 January 1995, by section 7(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 19(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 19(4): inserted, on 8 January 1995, by section 7(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).