Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020

2020/156

Coat of Arms of New Zealand

Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 6th day of July 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

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

Regulations

1 Title

These regulations are the Oranga Tamariki (National Care Standards and Related Matters) Amendment Regulations 2020.

2 Commencement

These regulations come into force on 13 August 2020.

3 Principal regulations

These regulations amend the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 (the principal regulations).

4 Regulation 5 amended (Interpretation)

In regulation 5(1), definition of identity and cultural needs, after paragraph (g), insert:

(h)

their connection with places (whenua) relevant to their culture and identity (such as their marae)

5 Regulation 16 amended (Purpose of plans)

In regulation 16(b), delete “(as provided in section 9 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017)”.

6 Regulation 24 amended (Information to be given to child or young person, caregivers, and others)

In regulation 24(3)(a), delete “(as provided for in section 11 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017)”.

7 Regulation 26 amended (Purpose of visits to children and young persons)

In regulation 26(b), delete “(as provided for in section 10 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017)”.

8 Regulation 32 amended (Support for culture, belonging, and identity)

In regulation 32(2)(c), after “identity”, insert “(such as their marae)”.

9 Regulation 38 amended (Children and young persons aged 6 to 15 years)

After regulation 38(2), insert:

(3)

This regulation does not apply if the child or young person is exempted from enrolment under sections 21 to 22A of the Education Act 1989.

10 Regulation 54 amended (Other information)

In regulation 54(1)(c), replace “records” with “relevant records”.

11 Regulation 55 amended (Risk assessment)

(1)

In regulation 55(1), replace “Police vet undertaken under regulation 53” with “information provided under regulation 48”.

(2)

In regulation 55(2), replace “a Police vet is undertaken, or being undertaken, under regulation 53” with “information under regulation 48 is collected, or is being collected,”.

12 Regulation 65 amended (Support for culture and identity)

In regulation 65(a), after “access to”, insert “the marae of the child or young person,”.

13 Regulation 71 amended (Application)

After regulation 71(1)(a)(iii), insert:

(iiia)

be transferred from one residence to another residence; or

14 Regulation 73 amended (Process and contents of care transition plan)

In regulation 73(1)(d), replace “hāpu” with “hapū”.

15 Regulation 80 amended (Method of assessing compliance with these regulations)

(1)

In regulation 80(a), replace “sections 4(1)(a)(ii) and (e)” with “section 4(1)(a)(ii) and (e)”.

(2)

In regulation 80(a), delete “(as provided for in section 9 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017”.

16 Schedule 1 amended

In Schedule 1, after Part 1, insert the Part 2 set out in the Schedule of these regulations.

Schedule New Part 2 inserted into Schedule 1

r 16

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

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.

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.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 13 August 2020, amend the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 to—

  • refer to the child’s or young person’s marae in the regulations about identifying, planning, and supporting connections to culture and identity:

  • make the responsibilities of the chief executive for ensuring children and young people are enrolled in school consistent with the Education Act 1989:

  • confine the permitted search of Oranga Tamariki records for information about a prospective caregiver to relevant records:

  • expand the information that must be taken into account in a risk assessment of prospective caregivers:

  • specify that a care transition includes transfers from one residence to another residence:

  • make other minor or technical amendments.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 9 July 2020.

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