Hon Ruth Dyson
Government Bill
183—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Substantive amendments to principal Act
Definitions amended and inserted
4 Interpretation
Duties of chief executive
5 Duties of chief executive
Appointment and functions of chief social worker and practice reviews
6 New sections 7A to 7C inserted
7A Chief social worker
7B Delegation of functions of chief social worker
7C Practice reviews
7 Transitional provision for chief social worker
Views of child or young person
8 New section 11 substituted
11 Child’s or young person’s participation and views
Protection for supplier of information
9 New section 16 substituted
16 Protection of person providing information for purposes of this Part or Part 3 or 3A
Responses to reports of child abuse
10 New sections 17 to 17F substituted
17 Initial assessment of report of ill-treatment or neglect of child or young person
17A Actions following initial assessment
17B Matters to which social worker or member of police must have regard
17C Action following investigation under section 17A(1)(a)
17D Child and family assessments under section 17A(1)(b)
17E Referral back to social worker
17F Procedure after child and family assessment completed
Family group conferences
11 New section 20A inserted
20A Time limits for completing family group conference
Consultation with child or young person on convening care and protection family group conference
12 New section 21 substituted
21 Care and protection co-ordinator to consult child or young person and family, whanau, or family group on convening of family group conference
Care and protection family group conference: support persons for child or young person, and who may attend reconvened conference
13 Persons entitled to attend family group conference
Health and education advice
14 Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
Functions of family group conference
15 Functions of family group conference
16 Family group conference may make decisions and recommendations and formulate plans
Sharing of information by government and non-government bodies and organisations
17 New section 66A inserted
66A Government and non-government bodies and organisations may share information relating to care and protection of children and young persons
Child offending
18 New heading and sections 73A to 73O inserted
Procedures for dealing with child offending
73A Sections 73B to 73O apply only to certain children
73B Overview of child offending procedures
73C Referral of child offending cases to youth justice co-ordinator
73D No application under section 73F to be made unless family group conference has been held
73E Determination and orders in respect of child offending
73F Application for determination, etc, under section 73E
73G Youth justice principles apply to application
73H Determination not to be made unless family group conference held
73I Procedural provisions applying to application
73J Child to attend hearing unless excused
73K Custody of child pending determination of application: conditions
73L Court not to make orders unless satisfied child’s need for care or protection cannot be met by other means
73M Orders on application under section 73E
73N Additional orders
73O Recall to come before Court
19 Effect of custody order
20 Content of plans
21 Court to set date for review of plan
Agreements for temporary care of children and young persons
22 Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
Transition from care to independence
23 Agreements for extended care of children and young persons by chief executive, iwi social service, etc
Disabled children and young persons, and transition from care to independence
24 Agreements for extended care of severely disabled children and young persons
25 Agreement not to be made without approval of family group conference
26 Further restrictions on making of agreements
Strengthening victims’ provisions
27 Principles
Consulting child or young person on who from family, etc, should attend youth justice family group conference, and strengthening victims’ provisions
28 New section 250 substituted
250 Consultation on convening of family group conference
Youth justice family group conferences, supervision orders, and strengthening victims’ provisions
29 Persons entitled to attend family group conference
Making information and advice on child’s or young person’s health and education available to youth justice family group conference
30 New section 255 substituted
255 Youth justice co-ordinator to ensure that relevant information and advice made available to family group conference
Consent of care and protection co-ordinator not required
31 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
32 New section 269A inserted
269A Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
32A Jurisdiction of Youth Court
32B Manner of dealing with purely indictable offences or where person elects trial by jury
Clarifying relationship between provisions
33 Provisions applicable where young person charged jointly with person who is not a young person
Enhancing Youth Court orders, and transfer to District Court for sentencing
34 Power of Court to discharge information
35 Orders of the Court
Transfer to District Court for sentencing
36 Restrictions on power of Court to make certain orders under section 283
Supervision orders
37 New section 289A inserted
289A Restriction on imposition of extended supervision with activity order
38 Restrictions on imposition of supervision with residence or transfer to District Court for sentence
Expiry of Youth Court orders
39 New section 296 substituted
296 Expiry of orders
Consent of young person not required
40 Community work order
41 Supervision with activity order
42 New section 307A inserted
307A Extended supervision with activity order
43 Supervision with residence order
44 New sections 311A and 311B inserted
311A Extended supervision with residence order
311B Review of supervision order made under section 311A(2)
45 Chief executive may release young person from custody before expiry of supervision with residence order
46 New sections 314A and 314B inserted
314A Court may release young person from custody before expiry of extended supervision with residence order
314B Provisions relating to family group conferences convened or reconvened to consider release under section 314A
47 Report to be made to Court on effectiveness of certain orders
48 Persons entitled to be present at hearing
49 New heading and sections 386A to 386C inserted
386A Person qualifying for advice or assistance defined
386B Duty of chief executive, iwi social service, etc, in respect of persons qualifying for advice and assistance
386C Financial and other assistance in certain cases
50 New sections 437B and 437C inserted
437B Notice of decisions in Youth Court proceedings to be given to victims
437C Notice of decisions of Family Court in child offending proceedings to be given to victims
Part 2Consequential amendments and transitional provisions
51 Amendments consequential on amendments to section 2(1) (definition of young person)
52 Amendments consequential on new section 11 (child’s or young person’s participation and views)
53 Criminal Records (Clean Slate) Act 2004 amended consequentially on new sections 17 to 17F
53A Amendments consequential on new sections 17 and 17A (initial assessments)
54 Amendments consequential on new sections 73A to 73O (child offending)
54A Summary Proceedings Act 1957 amended consequentially on amendment to section 272 of principal Act (jurisdiction of Youth Court)
55 Amendment consequential on new section 277(6)
56 Amendments consequential on new section 307A (new extended supervision with activity order)
57 Amendments consequential on new section 311A (new extended supervision with residence order)
58 Transitional provision for services, support, and custody orders
59 Transitional provision for applications for declaration that child or young person in need of care or protection
60 Transitional provision for extended supervision with activity order
61 Transitional provision for extended supervision with residence order
62 Application of provision relating to time limits for family group conferences
63 Transitional provision relating to attendance at family group conferences
64 Application of provision relating to making information and advice available to family group conferences
65 Transitional provision relating to functions of family group conferences
66 Transitional provision relating to extending agreements for temporary care
67 Transitional provision relating to reduced maximum period for agreement for extended care of severely disabled
68 Application of provision relating to consultation requirement on family group conferences
69 Transitional provision relating to entitlement to attend family group conferences
70 Application of provision relating to provision of information and advice
71 Application of provision relating to notification of victims
72 Transitional provision relating to transfer of young person of or over age of 14 years and under age of 15 years to District Court
73 Transitional provision relating to release of young person from chief executive's custody
74 Transitional provision relating to provision of effectiveness report
75 Regulations for transitional and savings purposes
Schedule 1Amendments consequential on amendments to section 2(1) (definition of young person)
Schedule 2Amendments consequential on new sections 73A to 73O (child offending)
Schedule 3Amendments consequential on new section 307A (new extended supervision with activity order)
Schedule 4Amendments consequential on new section 311A (new extended supervision with residence order)
Legislative history
The Parliament of New Zealand enacts as follows: