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

Version as at 1 May 2023

Coat of Arms of New Zealand

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

(LI 2018/111)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 2nd day of July 2018

Present:
Her Excellency the Administrator of the Government in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by Oranga Tamariki—Ministry for Children.

These regulations are made under section 447 of the Oranga Tamariki Act 1989 on the advice and with the consent of the Executive Council.

Contents

1Title
2Commencement
3Application of regulations
4Overview of regulations
5Interpretation
6Transitional, savings, and related provisions
Part 1
Needs assessments, plans, and visits to, and collection of information about, children and young persons
Needs assessments
7When needs assessment is required
8When needs assessment must be completed
9Record must be kept of needs assessment
10Matters that must be identified in needs assessment
11Process for assessing educational needs
12Process for identifying connections with family, whānau, hapū, iwi, and family group
13Process for assessing health needs
14Process for assessing safety needs
15Reassessment of needs
Plans
16Purpose of plans
17When plan must be commenced and completed
18Process to be used to develop plan
19Matters to be identified in plan
20Plan must include information about arrangements with family, whānau, hapū, iwi, marae, and family group
Reviewing children’s and young persons’ plans
21Purpose of plan reviews
22When plan must be reviewed
23Matters to be taken into account when reviewing plan
24Information to be given to child or young person, caregivers, and others
25Relationship between plan and other documents
Visits
26Purpose of visits to children and young persons
27When visits to children and young persons should be undertaken
28What happens when child or young person is visited
Persons to be regularly contacted
29Other people who must be contacted
Part 2
Support to address child’s or young person’s needs
General support
30Support for assessed needs
Whānau connections
31Support to establish, maintain, and improve whānau connections
Culture, belonging, and identity
32Support for culture, belonging, and identity
33Right to have personal belongings
Play, recreation, and community
34Support for play, recreation, and community activities
Health
35Support to maintain and improve health
Education
36Children aged 1 to 4 years
37Children aged 5 years
38Children and young persons aged 6 to 15 years
39Young persons aged over 16 years
40Obligation to support attendance
41Other support obligations
42Monitoring educational progress
Support for complaints, feedback, and raising issues of concern
43Support for making a complaint, providing feedback, or raising issues of concern
Part 3
Caregiver and care placement assessment and support
Subpart 1—Assessment of caregivers
Prospective caregivers
44Information to be provided to prospective caregivers
Assessment and approval process
45Assessment of prospective caregivers and their households
46Purpose of assessment of prospective caregiver and their household
47When assessment must be completed
Requirements of assessment
48Nature of assessment
49Approval of prospective caregivers
50Periodic review of approvals
51Provisional approvals for urgent placements
Matters to be considered in determining suitability for approval
52Identity confirmation
53Police vet
54Other information
55Risk assessment
56Assessment of other matters
Subpart 2—Support
Information to be provided to caregiver when child is placed
57Information to be provided to caregiver
Caregiver support plans
58Purpose of caregiver support plan
59When caregiver support plan must be completed
60Content of caregiver support plan
61Review of caregiver support plan
Caregiver support and capability building
62Provision of support to caregivers
63Support for maintaining whānau connections
64Support for education
65Support for culture and identity
Part 4
Supporting children and young persons to express their views and contribute to their care experience
66Matters to be explained to children and young persons
67Other steps that must be taken when child or young person enters care
68Method of providing information and explanation
69Duties in relation to allegations of abuse or neglect
70Duty to maintain record of important life events
Part 5
Supporting children and young persons during care transitions
Subpart 1—Care transitions
71Application
Assessment, planning, and monitoring during care transition
72Assessment and support plans for care transition
73Process and contents of care transition plan
74Monitoring and support during care transition phase
Subpart 2—Moving to independence
Assessment and support for children and young persons moving to independence
75Assessment of life skills
76Advice and assistance under section 386B(1)(a) of Act
Part 6
Monitoring and reporting on compliance with these regulations
Monitoring and reporting by independent monitor
[Revoked]
77Independent monitor must develop and establish assessment framework [Revoked]
78What assessment framework must contain [Revoked]
79Sources of information to assess compliance with these regulations [Revoked]
80Method of assessing compliance with these regulations [Revoked]
81Reporting requirements for independent monitoring body [Revoked]
82Independent monitor may provide supplementary reports [Revoked]
83Urgent reports of non-compliance where child or young person is at risk [Revoked]
84Independent monitor may request information [Revoked]
85Provision of information to independent monitor [Revoked]
Requirements for self-monitoring and self-improvement
86Self-monitoring
87Reporting to Minister and Independent Monitor of Oranga Tamariki System on results of self-monitoring
Schedule 1
Transitional, savings, and related matters
Schedule 2
Statement of rights
Gazette Information
Notes