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

  • enacted

Hon Anne Tolley

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

Government Bill

224—3

Contents

Bill note
Key
1Title
2Commencement
Part 1
Amendments to Children, Young Persons, and Their Families Act 1989
3Principal Act
3ALong Title repealed
3BName of principal Act changed
3CSection 1 amended (Short Title and commencement)
4Section 2 amended (Interpretation)
5Part 1 heading amended
6Section 4 and cross-heading replaced
Purposes
4Purposes
7New section 4A inserted (Well-being and best interests of child or young person)
4AWell-being and best interests of child or young person
8Section 5 replaced (Principles to be applied in exercise of powers conferred by this Act)
5Principles to be applied in exercise of powers under this Act
10Section 6 repealed (Welfare and interests of child or young person paramount)
11Section 7 amended (Duties of chief executive)
12New section 7AA inserted (Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi))
7AADuties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)
12ASection 11 amended (Child’s or young person’s participation and views)
13Section 13 amended (Principles)
14Section 14 replaced (Definition of child or young person in need of care or protection)
14Definition of child or young person in need of care or protection
14AACircumstances in which child or young person is suffering, or is likely to suffer, serious harm
15Section 15 replaced (Reporting of ill-treatment or neglect of child or young person)
15Reporting of concerns to chief executive or constable or social worker
16Section 16 amended (Protection of person reporting ill-treatment or neglect of child or young person)
17Section 17 amended (Investigation of report of ill-treatment or neglect of child or young person)
18New section 18AAA inserted (Chief executive may make family group conference available in certain circumstances)
18AAAChief executive may make family group conference available in certain circumstances
19Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables)
20Section 18A amended (Assessment of parent of subsequent child)
21Section 18B amended (Person described in this section)
22Section 18C amended (Confirmation of decision not to apply for declaration under section 67)
23Section 18D amended (Court declining to confirm decision)
24Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court)
25Section 21 amended (Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference)
26Section 22 amended (Persons entitled to attend family group conference)
27Section 26 amended (Procedure of family group conference)
28Section 28 amended (Functions of family group conference)
29Section 29 amended (Family group conference may make decisions and recommendations and formulate plans)
30Section 30 amended (Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference)
31Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)
32Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference)
33Section 40 amended (Warrant to remove child or young person)
34Section 46 amended (Powers of court where application made under section 44 or child or young person brought before court under section 45)
35Section 48 amended (Unaccompanied children and young persons)
36Section 59 amended (Application for production of documents relevant to investigation of whether child or young person in need of care or protection)
37Section 61 amended (Court may order document to be produced)
38Section 66 replaced (Government departments may be required to supply information)
Information sharing
65APurpose of information sharing and principle for information sharing decisions
66Agencies to supply information
66ADisclosure of information obtained under section 66
66BRestrictions on disclosure of information under section 66A
66CUse and disclosure of personal information relating to child or young person or classes of children or young persons
66DPublic notification of information about combined datasets
66DAApplication of sections 66E to 66H
66DBDefinitions
66ERequests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons
66FDuty of child welfare and protection agency or independent person receiving request under section 66E
66GWhen request under section 66E may be declined
66HReasons for declining request
66IConsultation to be undertaken when information is requested or proposed to be disclosed under section 66C or sections 66E to 66H 66F
Code of practice for information sharing
66JPurpose of Code for information sharing
66KConsultation on draft Code by Minister
66LApproval of draft Code by Minister
66MApplication of Legislation Act 2012 to Code
66NAmendments to Code
66ORelationship with other enactments
39Section 67 repealed (Grounds for declaration that child or young person is in need of care or protection)
40Section 68 amended (Application for declaration that child or young person is in need of care or protection)
41Section 69 amended (Joint applications)
42Section 70 amended (No application to be made unless family group conference has been held)
43Section 71 amended (Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person)
44Section 72 amended (Court not to make declaration unless family group conference held)
45Section 73 amended (Court not to make declaration unless satisfied that child’s or young person’s need for care or protection cannot be met by other means)
46Section 74 amended (Court may require parties to undergo counselling)
47Section 78 amended (Custody of child or young person pending determination of proceedings)
48Cross-heading above section 83 replaced
Care or protection orders
49Section 83 amended (Orders of court on making of declaration)
50Section 84 amended (Power to make other orders where declaration made on ground of child’s offending)
51Section 86 amended (Services orders)
52Section 86A amended (Interim services orders)
53Section 87 amended (Restraining orders)
54Section 88 amended (Interim restraining orders)
55Section 91 amended (Support orders)
56Section 92 amended (Interim support orders)
57Section 95 amended (Conditions of support order or interim support order)
58Section 96 amended (Power of court to impose additional conditions)
59Section 101 amended (Custody orders)
60Section 102 amended (Interim custody orders)
61Section 110 amended (Guardianship orders)
62New section 110AA inserted (Interim guardianship orders)
110AAInterim guardianship orders
62ASection 110A amended (Application for change of guardianship order)
63Section 121 amended (Court may make orders for access and exercise of other rights by parents and other persons)
64Section 125 amended (Application for variation or discharge of orders made under this Part)
64ASection 127 amended (Court may vary or discharge order)
64BSection 128 amended (Court to obtain and consider plan for child or young person before making certain orders)
64CSection 129 amended (Court to direct who is to prepare plan)
64DSection 130 amended (Content of plans)
65Section 131 amended (Adjournment for purposes of obtaining plan)
66Section 132 amended (Access to plans)
66ASection 135 amended (Review of plan)
68Sections 141 and 142 repealed
69Section 143 amended (All parents or guardians not required to be party to agreement)
70Section 144 amended (Agreement not to be made without consent of child or young person)
71Section 145 amended (Agreement not to be made without approval of family group conference)
72Section 146 amended (Form and terms of agreements)
73Section 147 amended (Further restrictions on making of agreements)
74Section 148 amended (Effect of agreements)
75Section 149 amended (Agreement may provide for consent to medical treatment)
76Section 152 amended (Service of application for declaration)
77Section 153 amended (Notice of application for declaration to be given to child or young person)
78Section 154 amended (Service of application for variation or discharge of order)
79Section 158 amended (Applications may be heard together)
80Section 170 amended (Calling of mediation conference)
81Section 185 amended (Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003)
82Section 186 amended (Report by social worker)
83Section 187 amended (Cultural and community reports)
84Section 198 amended (Special provisions applying to applications for declaration on ground of child’s offending)
85Section 199 amended (Power of court to call witnesses)
86Section 200 amended (Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly)
87Section 205 amended (Preventing removal of child or young person from New Zealand)
88Section 206 amended (Offence to take child or young person out of New Zealand where proceedings pending)
88ASection 206B amended (Power to dismiss proceedings)
89Section 207E amended (Chief executive to have regard to certain matters)
90Section 207M amended (Court to have regard to certain matters)
91Section 207S amended (Court to have regard to certain matters)
92Section 208 amended (Principles)
92ANew section 208A inserted (Child or young person subject to youth justice jurisdiction only until allegations of offending dealt with)
208AChild or young person subject to youth justice jurisdiction only until allegations of offending dealt with
93Section 238 amended (Custody of child or young person pending hearing)
94Section 239 amended (Restrictions on power of court to order child or young person to be detained in custody)
95Section 241 amended (Review of orders made under section 238)
96Section 242 amended (Order under section 238 sufficient authority for detention of child or young person)
96ASection 246 amended (Procedure where young person arrested and brought before court)
97New section 248A inserted (Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more)
248AChief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more
98Section 250 amended (Consultation on convening of family group conference)
99Section 256 amended (Procedure at family group conference)
100Section 258 amended (Functions of family group conference)
101Section 260 amended (Family group conference may make decisions and recommendations and formulate plans)
102Section 272 amended (Jurisdiction of Youth Courts and children’s liability to be prosecuted for criminal offences)
103Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
103ASection 275 amended (Manner of dealing with offence of murder or manslaughter, or where jury trial to be held)
104New section 276A inserted (Transfer of proceeding back to Youth Court)
276ATransfer of proceeding back to Youth Court
105Section 280 amended (Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2)
106Section 280A amended (Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2)
107Section 284 amended (Factors to be taken into account on sentencing)
107ASection 296 amended (Expiry of orders)
108Section 316 amended (Court may cancel supervision with residence order if young person absconds)
109Section 323 amended (Appointment of youth advocate to represent child or young person)
110Section 361 amended (Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395)
111Section 363 amended (Payment to person or organisation providing care)
112Section 364 amended (Authority to establish residences)
113Section 365 amended (Chief executive may place children and young persons in residences)
114Cross-heading above section 386A replaced
Moving to independence
115New sections 386AAA to 386AAG inserted
386AAAInterpretation
386AABPurposes
386AACPrinciples to be applied when assisting young person to move to independence
386AADYoung persons entitled to live with caregiver up to age of 21 years
386AADYoung persons entitled to live with caregiver up to age of 21 years
386AAEProviding support to young persons to negotiate support arrangements and monitoring of support arrangements
386AAFRole of caregivers under support arrangements
386AAGFinancial assistance for support arrangements
116Section 386A replaced (Advice and assistance for people moving from care to independence)
386AAdvice and assistance for young persons up to age of 25 years
386AAdvice and assistance for young persons up to age of 25 years
386BProvision of advice and assistance by chief executive
117New section 386C inserted (Chief executive to maintain contact with young persons up to age of 21 years)
386CChief executive to maintain contact with young persons up to age of 21 years
117ASection 403 amended (Approval of Community Services)
117BSection 405 amended (Revocation of approval)
118New sections 445E and 445F and cross-heading inserted
Limit on proceedings and Crown liability
445ELimit on proceedings
445FLimitation on liability
119Section 447 amended (Regulations)
120New section 447A inserted (Minister to appoint persons to monitor compliance with prescribed standard of care)
447AMinister to appoint independent persons to monitor compliance with prescribed standard of care
121New section 448B and cross-heading inserted
Periodic review of legislation, government policy, and other arrangements
448BPeriodic review of legislation, government policy, and other arrangements
121AAmendments to principal Act to replace gendered references with gender-neutral references
122Schedule 1AA amended
4New definition of young person not to apply to criminal proceedings underway at commencement date
5Protections for young persons aged 17 years in criminal investigations
6Application of complaints mechanism
7Previous definition of child or young person in need of care or protection applies to proceedings underway
8Application of sections 17(2A), 18AAA, 21(2), and 30(1)(aaa)
8ADeterminations under section 18B(2)(c)
9Information sharing
10Applications for declaration made under section 67 68 before commencement date to be determined under previous provisions
11When custody order ceases to have effect
12Agreements for extended care of severely disabled children and young persons and agreements with persons providing residential disability care
13Youth justice principles
14Review of detention of young persons in residence or Police custody
15Consideration of restorative justice actions by Family Group Conferences
16Factors to be taken into account on sentencing
17Moving to independence
18References to Children, Young Persons, and Their Families Act 1989
122ASchedule 1 amended
123New Schedule 1A inserted
Part 2
Amendments to other Acts
Subpart 1—Amendments to Criminal Procedure Act 2011
124Principal Act
124Amendments to Criminal Procedure Act 2011
125Section 174 amended (Remand of defendant under 17 years for assessment report)
126Section 175 amended (Remand of defendants aged 17 to 20 years)
126ANew section 380A inserted (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
380ATransfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances
Subpart 2—Amendment to Income Tax Act 2007
127Principal Act
127Amendments to Income Tax Act 2007
128Section CW 33 amended (Allowances and benefits)
Subpart 3—Amendment to Social Security Act 1964
129Principal Act
129Amendments to Social Security Act 1964
130Section 3 amended (Interpretation)
· · · · ·
Subpart 5—Amendments to Acts and legislative instruments
138Consequential amendments to Acts and legislative instruments
139Repeal of and amendments to enactments
Schedule 1
Amendments to principal Act to replace gendered references with gender-neutral references
Schedule 2
New Schedule 1A inserted
Schedule 3
Consequential amendments to other enactments
Schedule 4
Amendments to enactments
Legislative history

The Parliament of New Zealand enacts as follows: