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Care & Protection
UNDER 12
Can my parents ask Child, Youth & Family Services to look after me?
Yes, but once you reach 12 your parents or guardians can only make a temporary agreement for Child, Youth and Family Services to look after you unless you give written consent. The ability to participate in decisions affecting you is also guaranteed by the United Nations Convention on the Rights of the Child.
(ss139-145 Children, Young Persons and their Families Act 1989; Article 12 United Nations Convention on the Rights of the Child)
AGE 14
When do I stop being a child and become a young person?
At midnight on the night before your 14th birthday.
(s2 Children, Young Persons and their Families Act 1989)
UNDER 16
What if someone is cruel to me?
It is a criminal offence for anyone who provides your day to day care to wilfully ill-treat you or let you be ill-treated if you are under 16. However, parents/caregivers can use reasonable force to correct your bad behaviour.
(ss195, 59 Crimes Act 1961)
UNDER 17
I am being abused by a family member what can I do?
If you are under 17 you can phone Child, Youth and Family Services (phone 0508-326-459) and ask to speak to a duty social worker. You could also call the Police. If you report the abuse to the police or a social worker the person you reported it to must take some action.
At any age you can talk with a teacher, school guidance counsellor, or someone from Youthline (phone 0800-376-633), Kidsline (phone 0800-kidsline; 0800-5437-5463), Whatsup (phone 0800-Whatsup; 0800-942-8787), Rape Crisis, YouthLaw or another community group. You do not have to give your name if you do not want to. You could also talk to a lawyer about getting a ‘protection order’ from the Family Court. A ‘protection order’ is a court order preventing the person who has been hurting you from doing it again.
(ss15, 17 Children, Young Persons and their Families Act 1989; Domestic Violence Act 1995)
What could happen next?
If you are under 17 and the court believes you need care or protection, because you have been abused, neglected, or are uncontrollable, then you can be placed in the custody of or under the guardianship of the Chief Executive. The Chief Executive is the boss of Child, Youth and Family Services and has social workers working for him or her all over New Zealand. If the court decides that you should be in the custody of the Chief Executive or that the Chief Executive should be your guardian rather than your own parents you may be placed in the day to day care of relatives, foster parents, in a Child, Youth and Family Residence, in a family home or with an iwi or cultural social service. You remain in the Chief Executive’s care until the custody order lapses or, expires or where a guardianship order is in force, until you turn 20 unless you marry or the guardianship order is cancelled earlier.
(ss14, 67, 78, 101, 102, 108, 110, 117 Children Young Persons and their Families Act 1989)
When can I be put in a Child Youth & Family Residential Care Centre?
In theory, any child under 17 can be placed in the care and protection units in these residential centres (e.g. Puketai, Epuni). However social workers must first try and find another suitable placement for you in your area, preferably with your family or whanau or, if that is not appropriate, in a family home with people who have the same cultural background as you do. If there is no other suitable placement for you then you can be placed in a residential centre. A family group conference will usually be held to discuss your placement and you should say what you think about the proposed placement. Ask to go and have a look at it before you decide about it. The United Nations Convention on the Rights of the Child also says that children should have a say when decisions are being made about them.
(Article 12 United Nations Convention on the Rights of the Child; ss5, 6, 7, 13 Children Young Persons and their Families Act 1989)
If I am placed in a Child, Youth & Family Residential Centre or family home with foster parents can they abuse or hit me if I misbehave?
No. If this happens you should complain. There must be a complaints or “grievance” procedure in place if you are in a residential centre run by Child, Youth and Family Services. You can use this procedure and/or you can write to the Commissioner for Children (P.O. Box 5610, Wellington, website www.occ.org.nz phone 0800-224-453; 0800 A CHILD) who has responsibility for making sure children are treated properly in residences. If you have been subjected to racial abuse or sexual harassment you can complain to the Human Rights Commission (0800-496-877). If you have been hit you can also complain to the Police. If you need further help or advice contact YouthLaw.
(Regulations 15-24 Children, Young Persons and their Families (Residential Care) Regulations 1996; Human Rights Act 1993; s59 Crimes Act 1961)
Can my parents ask Child, Youth & Family Services to look after me?
Yes, but once you reach 12 your parents or guardians can only make a temporary agreement for Child, Youth and Family Services to look after you unless you give written consent. The ability to participate in decisions affecting you is also guaranteed by the United Nations Convention on the Rights of the Child.
(ss139-145 Children, Young Persons and their Families Act 1989; Article 12 United Nations Convention on the Rights of the Child)
AGE 14
When do I stop being a child and become a young person?
At midnight on the night before your 14th birthday.
(s2 Children, Young Persons and their Families Act 1989)
UNDER 16
What if someone is cruel to me?
It is a criminal offence for anyone who provides your day to day care to wilfully ill-treat you or let you be ill-treated if you are under 16. However, parents/caregivers can use reasonable force to correct your bad behaviour.
(ss195, 59 Crimes Act 1961)
UNDER 17
I am being abused by a family member what can I do?
If you are under 17 you can phone Child, Youth and Family Services (phone 0508-326-459) and ask to speak to a duty social worker. You could also call the Police. If you report the abuse to the police or a social worker the person you reported it to must take some action.
At any age you can talk with a teacher, school guidance counsellor, or someone from Youthline (phone 0800-376-633), Kidsline (phone 0800-kidsline; 0800-5437-5463), Whatsup (phone 0800-Whatsup; 0800-942-8787), Rape Crisis, YouthLaw or another community group. You do not have to give your name if you do not want to. You could also talk to a lawyer about getting a ‘protection order’ from the Family Court. A ‘protection order’ is a court order preventing the person who has been hurting you from doing it again.
(ss15, 17 Children, Young Persons and their Families Act 1989; Domestic Violence Act 1995)
What could happen next?
If you are under 17 and the court believes you need care or protection, because you have been abused, neglected, or are uncontrollable, then you can be placed in the custody of or under the guardianship of the Chief Executive. The Chief Executive is the boss of Child, Youth and Family Services and has social workers working for him or her all over New Zealand. If the court decides that you should be in the custody of the Chief Executive or that the Chief Executive should be your guardian rather than your own parents you may be placed in the day to day care of relatives, foster parents, in a Child, Youth and Family Residence, in a family home or with an iwi or cultural social service. You remain in the Chief Executive’s care until the custody order lapses or, expires or where a guardianship order is in force, until you turn 20 unless you marry or the guardianship order is cancelled earlier.
(ss14, 67, 78, 101, 102, 108, 110, 117 Children Young Persons and their Families Act 1989)
When can I be put in a Child Youth & Family Residential Care Centre?
In theory, any child under 17 can be placed in the care and protection units in these residential centres (e.g. Puketai, Epuni). However social workers must first try and find another suitable placement for you in your area, preferably with your family or whanau or, if that is not appropriate, in a family home with people who have the same cultural background as you do. If there is no other suitable placement for you then you can be placed in a residential centre. A family group conference will usually be held to discuss your placement and you should say what you think about the proposed placement. Ask to go and have a look at it before you decide about it. The United Nations Convention on the Rights of the Child also says that children should have a say when decisions are being made about them.
(Article 12 United Nations Convention on the Rights of the Child; ss5, 6, 7, 13 Children Young Persons and their Families Act 1989)
If I am placed in a Child, Youth & Family Residential Centre or family home with foster parents can they abuse or hit me if I misbehave?
No. If this happens you should complain. There must be a complaints or “grievance” procedure in place if you are in a residential centre run by Child, Youth and Family Services. You can use this procedure and/or you can write to the Commissioner for Children (P.O. Box 5610, Wellington, website www.occ.org.nz phone 0800-224-453; 0800 A CHILD) who has responsibility for making sure children are treated properly in residences. If you have been subjected to racial abuse or sexual harassment you can complain to the Human Rights Commission (0800-496-877). If you have been hit you can also complain to the Police. If you need further help or advice contact YouthLaw.
(Regulations 15-24 Children, Young Persons and their Families (Residential Care) Regulations 1996; Human Rights Act 1993; s59 Crimes Act 1961)
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Latest page update: made by YouthLaw
, Apr 6 2010, 6:30 PM EDT
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Keyword tags:
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child youth and family
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| Started By | Thread Subject | Replies | Last Post | ||
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| Anonymous | Deciding who I will lve with | 2 | Oct 12 2009, 5:59 PM EDT by YouthLaw | ||
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Thread started: Oct 4 2009, 5:39 AM EDT
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If my parents are separated can I choose who I want to live with?
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