Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

  • not the latest version
  • A correction has been made to section 41 on 7 August 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
128 New sections 386AAA to 386AAG inserted

Before section 386A, insert:

386AAA Interpretation

For the purposes of this section and sections 386AAB to 386C,—

caregiver means either—

(a)

a person in whose charge a young person aged under 18 years has been placed under section 362; or

(b)

a person with whom a young person who is a young adult (aged 18 years or over but under 21 years) is living under section 386AAD

young person means a young person within the meaning given in section 2(1) and,—

(a)

for the purposes of sections 386AAD, 386C, and 447(1)(cb) and (da), includes a young adult who is aged 18 years or over but under 21 years:

(b)

for the purposes of sections 386A and 447(1)(cc) and (da), includes a young adult who is aged 18 years or over but under 25 years.

386AAB Purposes

The purposes of sections 386AAC to 386C are—

(a)

to prepare young persons to be ready to thrive as independent young adults and for the preparation for moving to independence to begin early:

(b)

to ensure that young persons have opportunities to have relationships with caregivers and other trusted adults that endure into adulthood:

(c)

to enable young persons to access the government and community support that they need to manage challenges and to grow and develop as adults.

386AAC Principles to be applied when assisting young person to move to independence

A person who is performing functions or exercising powers under sections 386AAD to 386C to assist a young person to move to independence must be guided by, in relation to a young person aged under 18 years, the principles in section 5, in relation to a young adult aged 18 years or over, the principle in section 5(1)(a) only, and in both cases the following principles:

(a)

the young person is to increasingly lead decisions about matters affecting them and is to be supported by adults to do this:

(b)

a holistic approach is to be taken and the young person’s strengths and identity are to be built on and nurtured:

(c)

the relationships between the young person and their family, whānau, hapū, iwi, and family group are, if appropriate, to be maintained and strengthened:

(d)

family, whānau, hapū, iwi, family groups, and communities are to be supported to help the young person move to independence:

(e)

the relationships between the young person and a caregiver, other trusted adults, and the wider community are to be established, built on, and maintained:

(f)

the young person is to be supported, to the extent that is reasonable and practicable, to address the impact of harm and to achieve and meet their aspirations and needs, with priority to be given to supporting the stability of their education:

(g)

assistance to the young person is to be provided proactively, promptly, and to be sustained regardless of the decisions that the young person makes.

386AAD Young persons entitled to live with caregiver up to age of 21 years

(1)

This section applies to any young person (as defined in section 386AAA) who, after the age of 14 years and 9 months, is or has been, at any time for a continuous period of at least 3 months, in 1 or both of the following types of care or custody:

(a)

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 under any agreement or order referred to in section 361(a), (c), or (d):

(b)

the care of the chief executive as the agent of the court under section 33(1)(c)(ii) of the Care of Children Act 2004.

(2)

The young person is entitled to be supported to live with a caregiver at any time and for any period from the age of 18 years up to the age of 21 years and may request to do so at any time.

(3)

Before the young person leaves care or custody, the chief executive must advise them of the entitlements under subsection (2).

(4)

The young person is entitled to be supported by the chief executive to live with or return to living with a particular caregiver with whom they are placed or have previously been placed or lived unless—

(a)

the caregiver does not agree to have the young person live with them or is not otherwise available; or

(b)

the young person does not agree to live with that caregiver; or

(c)

after taking into account the expressed wishes of the young person, the chief executive considers that living with that caregiver is likely to be detrimental to the well-being of the young person.

(5)

If no caregiver is available under subsection (4), the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)(b) or (c) does not apply.

(6)

If a young person is living with a caregiver under subsection (4) or (5) or this subsection and at some time during the course of that living arrangement any of the matters in subsection (4)(a) to (c) come to apply, the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)(b) or (c) does not apply.

386AAE Providing support to young persons to negotiate support arrangements and monitoring of support arrangements

(1)

If a young person is to live with a caregiver under section 386AAD, the chief executive must provide them with support to negotiate and agree the terms on which they will live with that caregiver.

(2)

The agreed terms must be recorded in writing (the support arrangement).

(3)

The support arrangement must—

(a)

be consistent with the purposes in section 386AAB; and

(b)

give effect to the principles in section 386AAC; and

(c)

meet the standards referred to in subsection (4); and

(d)

be approved by the chief executive.

(4)

The chief executive must monitor the operation of all support arrangements against standards set in regulations made under section 447(1)(cb).

386AAF Role of caregivers under support arrangements

A caregiver is expected to—

(a)

act in accordance with the support arrangement; and

(b)

assist the young person who is living with them to become increasingly independent.

386AAG Financial assistance for support arrangements

(1)

The chief executive must provide financial assistance to a young person who lives with a caregiver under section 386AAD to meet reasonable costs associated with living with the caregiver, but only if the chief executive has first considered—

(a)

what other financial assistance is available to the young person; and

(b)

the personal circumstances of the young person.

(2)

The financial assistance must be paid directly to the young person unless the chief executive considers it appropriate to pay all or any of it to the young person’s caregiver or other person.

(3)

Financial assistance paid under this section must be paid in accordance with any regulations made under section 447(1)(da).

(4)

Financial assistance may be withdrawn if,—

(a)

during the course of monitoring a support arrangement, the chief executive considers that the living arrangement is detrimental to the young person’s well-being; and

(b)

the chief executive has attempted to resolve any concerns; and

(c)

another living arrangement (with a caregiver under section 386AAD) has been offered to the young person, but it has been refused.

(5)

If another living arrangement is offered under subsection (4)(c), sections 386AAD to 386AAF and this section apply.