Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018

Schedule 1 Transitional, savings, and related matters

r 6

Part 1 Provisions relating to these regulations as made

1 Needs assessments

(1)

A needs assessment undertaken before the commencement of this clause in relation to a child or young person who, immediately before the commencement of this clause, is still in care or custody is deemed to have been undertaken in accordance with regulations 7 to 14.

(2)

However, any reassessment of needs carried out under regulation 15 in circumstances where subclause (1) applies—

(a)

may, on the first occasion it is carried out after the commencement of this clause, and despite regulation 22, be carried out within 12 months of that commencement; and

(b)

must ensure that the needs assessment meets the requirements of regulations 7 to 14.

(3)

If a child or young person in care or custody before the commencement of this clause has not had their needs assessed before the commencement of this clause that needs assessment must be undertaken, in accordance with these regulations, within 12 months of the commencement of this clause.

2 Plans

(1)

A plan prepared before the commencement of this clause in relation to a child or young person who, immediately before the commencement of this clause, is still in care or custody is deemed to have been prepared in accordance with regulations 16 to 20.

(2)

However, any review of a plan carried out under regulations 21 to 25

(a)

may, on the first occasion it is carried out after the commencement of this clause, and despite regulation 22, be carried out within 12 months of that commencement; and

(b)

must ensure that the plan complies with regulations 16 to 20.

(3)

If a child or young person in care or custody before the commencement of this clause has not had a plan prepared on the commencement of this clause, that plan must be prepared, in accordance with these regulations, within 12 months of the commencement of this clause.

3 Support plans for caregivers

(1)

A support plan prepared before the commencement of these regulations in relation to a caregiver is, on the commencement of this clause, deemed to have been prepared in accordance with regulations 58 to 60.

(2)

However, any review of a caregiver support plan carried out under regulation 61 must ensure that the caregiver support plan complies with regulations 58 to 60.

(3)

If, on the commencement of this clause, no support plan has been prepared for a caregiver, a caregiver support plan must be prepared in accordance with regulations 58 to 60 before a periodic review of an approved is carried out under regulation 50.

4 Assessment as to suitability of caregiver

(1)

An assessment as to the suitability of a caregiver that is in effect immediately before the commencement of this clause, is, on the commencement of this clause, deemed to have been made in accordance with subpart 1 of Part 3.

(2)

However, any review of an approval under regulation 50 must ensure that the new assessment of suitability complies with subpart 1 of Part 3.

5 What happens if needs assessment or plans are not completed

If, on the commencement of this clause, there is no needs assessment or plan for a child or young person in care or custody or no caregiver support plan for a caregiver,—

(a)

the needs assessment or relevant plan must be completed as soon as is reasonably practicable; and

(b)

in the meantime, support must be provided to the child or young person or caregiver (as the case requires) under these regulations, to the extent that it reasonably can in the absence of a needs assessment or the relevant plan.

6 Care transitions

If, on the commencement of this clause, arrangements for managing care transitions under regulations 71 to 74 are incomplete,—

(a)

those regulations must be complied with to the extent that the Ministry’s arrangements enable them to be complied with; and

(b)

those arrangements for managing care transitions must be completed as soon as is reasonably practicable, to enable regulations 71 to 74 to be fully complied with.

Part 2 Provisions relating to Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020

Schedule 1 Part 2: inserted, on 13 August 2020, by regulation 16 of the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020 (LI 2020/156).

7 Assessment as to suitability of caregiver

(1)

In this clause, commencement date means 13 August 2020.

(2)

An assessment as to the suitability of a caregiver that is in effect immediately before the commencement date is, on the commencement date, deemed to have been made in accordance with subpart 1 of Part 3, as amended by the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020.

(3)

However, any review of an approval under regulation 50 must ensure that the assessment of suitability complies with subpart 1 of Part 3, as amended.

Schedule 1 clause 7: inserted, on 13 August 2020, by regulation 16 of the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020 (LI 2020/156).

8 Care transitions from one residence to another residence

If, on the commencement of regulation 71(1)(a)(iiia), as inserted by the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020, arrangements for managing care transitions from one residence to another residence are incomplete,—

(a)

regulations 71 to 74 must be complied with in relation to those care transitions to the extent that the Ministry’s arrangements enable them to be complied with; and

(b)

those arrangements for managing those care transitions must be completed as soon as is reasonably practicable to enable regulations 71 to 74, in relation to care transitions from one residence to another residence, to be fully complied with.

Schedule 1 clause 8: inserted, on 13 August 2020, by regulation 16 of the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020 (LI 2020/156).