Vulnerable Children Bill

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Hon Paula Bennett

Vulnerable Children Bill

Government Bill

150—1

Contents

Explanatory note

1 Title

2 Commencement

Part 1
Cross-agency measures

3 Part binds the Crown

Subpart 1Government priorities for vulnerable children and vulnerable children’s plan

4 Purpose of this subpart

5 Interpretation

6 Improving the well-being of vulnerable children

7 Government priorities for vulnerable children

8 Preparation of vulnerable children’s plan

9 Content of vulnerable children’s plan

10 Duration of vulnerable children’s plan

11 Effect of vulnerable children’s plan

12 Review and amendment or replacement of plan

13 Accountabilities

Subpart 2Child protection policies

14 Purpose of this subpart

15 Interpretation

16 Prescribed State services to adopt, report on, and require child protection policies

17 DHBs boards to adopt, report on, and require child protection policies

18 School boards to adopt and require child protection policies

19 Content of child protection policy

20 Effect of child protection policy

Subpart 3Children's worker safety checking

21 Purpose of this subpart

22 Application to Crown

23 Interpretation

24 Specified organisation defined

Obligations of specified organisations

25 Safety checks of new children's workers

26 Safety checks of existing children's workers

27 Periodic safety checks of children's workers

28 Core worker convicted of specified offence not to be employed or engaged

Defences

29 Defence of taking all reasonable steps

30 Defence relating to short-term emergencies

Safety checks

31 Requirements of safety checks

Regulations

32 Regulations prescribing requirements for safety checks

33 Other regulations

Exemption for workers convicted of specified offence

34 Exemption for certain individuals

35 Application for exemption

36 Revocation of exemption

37 Appeal against decision not to grant, or to revoke, exemption

Monitoring compliance

38 Requirement to provide information to chief executives

Miscellaneous

39 Approval of screening services

40 Prosecution of offences

Consequential amendments to other enactments

41 Amendments to Crown Organisations (Criminal Liability) Act 2002

42 Amendment to Sentencing Act 2002

43 Amendment to Criminal Records (Clean Slate) Act 2004

Part 2
Child harm prevention orders

44 Purpose

45 Principles

46 Part binds the Crown

47 Interpretation

Subpart 1Imposition and review of child harm prevention orders

Application for child harm prevention order

48 Application for child harm prevention order

49 Contents of application

50 Requirement to consult on application for child harm prevention order

51 Court to which application must be made

52 Report by psychologist

53 Court must obtain independent report

54 Victims must be given opportunity to contribute to reports

Imposition of child harm prevention order

55 Court may make child harm prevention order

56 Matters court must consider in determining risk posed by respondent

57 Form of order

58 Child harm prevention order may impose terms

59 Court may receive transcript of criminal trial as evidence

60 Offence to breach terms of child harm prevention order

61 Commencement and expiry of order

62 Court may make directions in relation to child harm prevention order

63 Court may make interim order

Review by review panel

64 Review of child harm prevention order by review panel

65 Review panel to provide information to person subject to order

66 Review panel decisions

67 Appeal to court against review panel decision

68 Powers of court on appeal

Review by court

69 Review by court of child harm prevention order

Subpart 2Procedural matters

Procedure governing applications to court

70 Service of applications

71 Court may order person to appear before health assessor

72 Court may order interim detention of person to allow health assessor to prepare report

73 Issue of summons to attend proceedings

74 Respondent who fails to appear may be brought to court

75 Issue of summons to witness

Evidence

76 Evidence in proceedings under this Part

77 Procedure if evidence in trial to be considered in determining application

78 Court may determine whether proceedings are held in closed or open court

79 Court may suppress evidence and submissions

80 Court may suppress identity of respondent or person subject to order

81 Automatic suppression of identity of victims and witnesses

82 Automatic suppression of identity of respondent, or person subject to order, in certain cases

Procedure governing reviews by review panel

83 Issue of summons to attend review hearing

84 Issue of summons to witness

85 Service of summons

86 Protection of witnesses

87 Offences

Review panel

88 Establishment and constitution of review panel

89 Review hearings

90 Application of privileges to review hearings

91 Attendance at review hearings

92 Decisions of review panel

93 Information before review panel

94 Avoiding actual or perceived bias

95 Term of appointment, and reappointment

96 Remuneration and expenses of members

97 Immunity of members

98 Search and Surveillance Act 2012 amended

99 Legal Services Act 2011 amended

Part 3
Amendments to Acts

Subpart 1Amendments to Children, Young Persons, and Their Families Act 1989

100 Principal Act

101 Section 2 amended (Interpretation)

Principles

102 Section 5 amended (Principles to be applied in exercise of powers conferred by this Act)

103 Section 13 amended (Principles)

Subsequent children

104 Section 14 amended (Definition of child or young person in need of care or protection)

105 Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables)

106 New sections 18A to 18D inserted

107 Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court)

Family group conferences

108 Section 22 amended (Persons entitled to attend family group conference)

109 Section 23 amended (Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference)

110 New section 29A inserted (Content of plan)

111 Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)

112 Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference)

113 Section 36 amended (Family group conference may reconvene to review its decisions, recommendations, and plans)

Subsequent children

114 Section 67 amended (Grounds for declaration that child or young person is in need of care or protection)

Permanent caregivers

115 New section 86B inserted (No services orders in respect of permanent caregivers)

Special guardians

116 Section 107 amended (Person in whose custody child or young person is placed may determine access rights in absence of court order)

117 Section 110 replaced (Guardianship orders)

118 New sections 113A and 113B inserted

119 Section 125 amended (Application for variation or discharge of orders made under this Part)

120 Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders)

Plans and agreements

121 Section 130 amended (Content of plans)

122 Section 135 amended (Review of plan)

123 Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)

124 Section 141 amended (Agreements for extended care of severely disabled children and young persons)

125 Section 145 amended (Agreement not to be made without approval of family group conference)

126 Section 147 amended (Further restrictions on making agreements)

Reports by social workers

127 Section 186 amended (Report by social worker)

Related amendments to youth justice provisions

128 Section 261 amended (Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person)

129 Section 268 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)

130 Section 270 amended (Family group conference may reconvene to review its decisions, recommendations, and plans)

Achieving independence

131 New section 386A and cross-heading inserted

Permanent caregivers

132 Section 389 amended (Financial and other assistance in other cases)

133 New sections 389A and 389B inserted

Appointments outside State Sector Act 1988

134 Section 423 amended (Appointment of care and protection co-ordinators)

135 Section 425 amended (Appointment of youth justice co-ordinators)

136 Section 427 amended (Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker)

Related amendment to Care of Children Act 2004

137 Amendment to Care of Children Act 2004

Subpart 2Amendments to KiwiSaver Act 2006

138 Principal Act

139 Section 4 amended (Interpretation)

140 Section 35 amended (Opting in by persons under 18)

141 Children, Young Persons, and Their Families Act 1989 amended

Schedule 1
Regulated activities

Schedule 2
Specified offences

Schedule 3
Qualifying offences


The Parliament of New Zealand enacts as follows: