Allegations of harm (ill-treatment, abuse, neglect or deprivation) of tamariki in care or custody

Ngākau whakairo

What will I do to ensure everyone’s right to fairness, transparency and safety is upheld while also ensuring te tamaiti or rangatahi, their whānau or family, and caregiver feel heard?

Ngākau whakairo practice framework domain

Whai mātauranga

How will following the mana-enhancing paradigm help me to work in a restorative way while carrying out the assessment or investigation and managing the outcome?

Whai mātauranga practice framework domain

Whai oranga

How will I work with others to support tamariki, rangatahi, whānau or family while we develop a shared understanding of oranga?

Whai oranga practice framework domain

Whai pūkenga

How do I ensure that I am sharing information honestly, appropriately and transparently while respecting the privacy of tamariki and rangatahi, their whānau or family, and the caregiver?  

Whai pūkenga practice framework domain

Whai ākona

How can I as a supervisor support kaimahi through challenging aspects of their mahi? How am I exploring my own responses, views and assumptions about the situation and the work of the kaimahi in my own supervision?

Whai ākona practice framework domain

We must practise in accordance with the principles of the Act, working in ways that consider the oranga (wellbeing) and best interests of te tamaiti within the context of the family, whānau, hapū and iwi.

Who completes the assessment or investigation

The assessment or investigation must be allocated as soon as practicable to a social worker.

If te tamaiti is living in a different location from the site that holds casework responsibility, the report of concern will be referred to the site nearest to where te tamaiti is living. The site receiving the new report of concern has the responsibility to complete the assessment or investigation.

Policy: Casework responsibilities when our work involves more than 1 site

Before deciding who to allocate the case to, the person responsible for allocation must arrange a case consult with the social worker for te tamaiti, the caregiver social worker and their supervisor (if allocated) and any other relevant staff member to discuss who would be best to complete the assessment or investigation.

Allocation must be in the best interests of te tamaiti and consideration must be given to:

• who will be the key and co-workers
• the quality and nature of the relationship between the social worker and te tamaiti, their whānau or family and caregiver
• the social worker for te tamaiti being allocated as an investigating social worker. If the allegation of harm of te tamaiti is against their caregiver, the social worker for te tamaiti can only be allocated as a co-worker.

The investigating social workers must consult with their supervisor, the social worker for te tamaiti (if they are not an investigating social worker), the caregiver social worker and the caregiver social work supervisor, to help develop an investigation plan – regular consultation must continue throughout the assessment or investigation.

Allocating a key worker and co-worker

Timeframes for the completion of the assessment or investigation

The assessment or investigation should be completed within 20 working days. However, if the matter is complex or further time is needed to engage with the caregivers, the assessment or investigation must be completed within 40 working days. 

Child Protection Protocol (CPP)

We use the Child Protection Protocol (CPP) to identify when the Police must be informed of the allegation. If in doubt, refer the allegation for a CPP consultation. The supervisor must ensure that the Police are informed of the timeframe for Oranga Tamariki to complete the investigation.

We must follow the CPP when working with the Police, by:

• keeping lines of communication open at all times
• using the escalation process when needed.

Policy: Assessment

Intake and early assessment

Child Protection Protocol (CPP)

If our investigation is completed before the Police investigation 

The interests of tamariki and the person who the allegation is against are best served by a timely response from Oranga Tamariki.

There will be instances when our investigation will be completed before the Police complete their criminal investigation into the allegation. We must take timely, appropriate action based on the outcome of our investigation and ensure we communicate with Police.

Parents must be informed if te tamaiti will remain in their current care arrangement, or move to live in an alternative care arrangement, and the reasons for this decision.

The investigating social workers, the social worker for te tamaiti (if they are not the investigating social worker) and the caregiver social worker (when the allegation is against a caregiver) must discuss how and when the parents will be informed about the allegation and living arrangement decisions, taking into consideration any safety concerns for the caregivers, tamariki or another person.

Timing of when to advise the parents

The site manager or youth justice manager must be told if we believe that advising a parent about the allegation as soon as possible poses a risk to te tamaiti, the caregiver or another person.

The site manager or youth justice manager, in consultation with an Oranga Tamariki solicitor and only for the purpose of ensuring safety, may decide to withhold information for a specified period of time about an allegation and/or change of living arrangement from a parent.

If we decide not to advise the parents of the allegation of harm at the time of the assessment or investigation, we must:

• record the reasons for the decision in CYRAS
• record who was involved in the decision-making
• inform the regional manager
• review this decision regularly and agree when the parents will be informed.

We must:

• develop and implement a plan to ensure the immediate safety of te tamaiti and any other tamariki who may be at risk of harm
• work in consultation with te tamaiti, their whānau or family, their caregiver and their support network using hui ā-whānau or family meetings, as appropriate
• review the plan throughout the assessment or investigation to ensure the ongoing physical and emotional safety of all tamariki
• update the All About Me plan.

Deciding whether or not to move te tamaiti to ensure oranga (wellbeing)

We must consider whether it's in the best interests of te tamaiti to remain where they are living or to be moved to an alternative living arrangement during the assessment or investigation. The social worker for te tamaiti must make this decision, informed by thorough assessment and the relevant principles of the Act.

If it is in the best interests of te tamaiti to remain where they are living, we must record a clear rationale for this decision and provide support so this can occur. This decision must be reviewed regularly during the assessment or investigation to ensure this decision remains in the best interests of te tamaiti.

Wherever it is safe to do so, we must support, strengthen and assist the whānau or family to care for their tamariki and prevent the need for them to be moved to an alternative living arrangement. We must always consider the potential impact the decision to move te tamaiti could have on their stability, sense of belonging and significant connections, including sibling relationships.

When safety cannot be established and te tamaiti must move

If the social worker for te tamaiti decides to move te tamaiti to ensure oranga (wellbeing), they must:

• record the specific transition steps in the All About Me plan
• have the decision approved by their supervisor
• inform the caregiver social worker
• record the reasons for the decision in CYRAS
• communicate the decision to te tamaiti, their parents, the lawyer for child and, where relevant, their caregiver and care partner (care partners were previously known as section 396 providers).

Preference must be given to an alternative living arrangement within the family, whānau, hapū, iwi or family group of te tamaiti who can meet their needs. We must engage and work with whānau and consider any changes that they have made, both in their circumstances and available resources.

If te tamaiti has a relationship with the person who is alleged to have caused them harm, we must consider a plan for contact to occur between te tamaiti and the person during the assessment or investigation. Any contact must be in the best interests of te tamaiti and assessed based on the voice of te tamaiti and the quality and duration of the relationship. If we determine that contact should not occur, we must record our reasons for this.

When safety has been established and te tamaiti can remain

When safety has been established and the decision has been made that te tamaiti can remain in their usual care arrangement, the social worker for te tamaiti must:

• have the decision approved by their supervisor
• record the reasons for the decision in CYRAS
• record the plan for keeping te tamaiti safe where they are living
• communicate the decision to te tamaiti, their parent, the lawyer for child and, where relevant, their caregiver, the caregiver social worker and care partner.

The caregiver social worker must review the caregiver support plan to ensure it supports the plan to keep te tamaiti safe.

Review of decision to move te tamaiti

It is the social worker for te tamaiti who makes all care arrangement decisions. 

If at any time during the assessment or investigation, the investigating social workers believe that the initial safety considerations for te tamaiti have changed, the decision about where te tamaiti should live must be reviewed.

To make the decision that te tamaiti can safely return to their parent or caregiver, the investigating social workers must:

• discuss the assessment and decision with the social worker for te tamaiti and the caregiver social worker (if allocated)
• seek the agreement of the supervisor for the assessment and decision and the supervisor for the caregiver social worker that a return can be considered
• record the reasons for the decision in CYRAS.

The social worker for te tamaiti may decide during the assessment or investigation that te tamaiti will not return to their previous care arrangement – for example, if te tamaiti moves to live with whānau during an assessment or investigation and it is in their best interests to remain there. They must update the All About Me plan, including any safety or transition plans.

Despite any decisions about where te tamaiti will live, the assessment or investigation must still be completed.

Decision to return te tamaiti during the assessment or investigation

If te tamaiti is to return to the care of their parent or caregiver while the assessment or investigation is ongoing, the social worker for te tamaiti must:

• have the decision approved by their supervisor
• record the reasons for the decision in CYRAS
• record the plan for keeping te tamaiti safe
• share the plan and communicate the decision to te tamaiti, their parent, whānau or family, the lawyer for child and, where relevant, their caregiver and care partner
• develop a transition plan in the All About Me plan that takes into account the impact of the recent events on both te tamaiti and their caregiver and their relationship
• notify the caregiver social worker – the caregiver social worker reviews the caregiver support plan.

Policy: Transitions within care

Transitioning within placements

Protect and support the development of tamariki and rangatahi within healthy whānau and families

We must advise te tamaiti that they can have a support person available such as their social worker, caregiver, parent, whānau or family member or VOYCE – Whakarongo Mai. Te tamaiti must be given the choice about who they want to support them.

Talk to te tamaiti about:

• the findings of the assessment or investigation in a manner appropriate to their age, development, language or any disability-related needs
• what actions were taken to investigate or assess the allegation and how we will provide any ongoing support they may need
• whether any further action will be taken and likely timeframes.

Details of this conversation must be recorded on the CYRAS record for te tamaiti.

If te tamaiti has not been advised of the outcome of the assessment or investigation, the reasons for this must be recorded in CYRAS. Apart from age considerations, the rationale for not advising te tamaiti should only be made in exceptional circumstances.

Policy: Participation of tamariki – providing information, ensuring understanding and incorporating their views

Policy: Case recording

Escalate the allegation

We must advise the site manager or youth justice manager of all allegations of harm, and the Caregiver Recruitment and Support manager, when the allegation of harm is against an Oranga Tamariki caregiver or care partner. This will then be escalated through management lines in accordance with the serious events notification procedure.

Advise the caregiver(s) of the allegation

We must provide the caregiver(s) with the following information as soon as practicable, verbally and, where practicable, in writing in a manner and language that the caregiver understands:

• detailed and specific information about the allegation and all relevant concerns (including historical or cumulative concerns) likely to be considered, unless we are asked by the Police not to share this information at this stage (if this is the situation, we must inform and explain to the caregiver the reason for this) – we must share as much information as we can about any action we take or decision we make
• the assessment or investigation process and timeframes
• that they will be advised of the outcome at the completion of the assessment or investigation
• that their caregiver status will be reviewed at the completion of the assessment or investigation
• that they can access support through the Critical Support Service at Caring Families Aotearoa (0800 693 278)
• that Oranga Tamariki caregivers can access support through the Caregiver Assistance Programme.

Caregivers must be provided with the following Caring Families Aotearoa resources before the assessment or investigation interview, so they have an opportunity to put supports in place.

Allegation support for caregivers: information sheet | Caring Families Aotearoa

Advise care partner

Oranga Tamariki must tell the care partner about an allegation against one of their caregivers or care staff before we contact their caregiver or care staff. (Care staff are employees of the care partner who have a role in providing care.)

We must also tell the caregiver that the care partner has been informed of the allegation and will be informed of the draft and final outcome of the assessment or investigation.

We must seek legal advice if we are uncertain about how much information we can disclose to the care partner.

Allegations involving section 396 providers

Shared Care Service Specification (PDF 950 KB)

Other parties we must advise if the allegation involves a care partner   

If the allegation involves a care partner, Oranga Tamariki must also tell the following people and organisations when the allegation is received and again at the outcome of the assessment or investigation:

• regional Social Service Accreditation Assessor
• regional Partnering for Outcomes manager
• operations manager, Te Kāhui Kāhu.

If the matter has been referred to the Police

The caregiver must be advised if the matter has been referred to the Police. The supervisor of the investigation and their Police counterpart must discuss:

• the level of detail to give to the caregiver(s)
• when to tell the caregiver(s) – the Police may request that full details of the allegation are not disclosed immediately if this may jeopardise their criminal investigation
• regularly review with the Police if and when we are able to share information that has been withheld
• how to tell the caregiver(s) about the allegation.

When a caregiver is the subject of an allegation of harm, they must be supported during the assessment or investigation by:

• their caregiver social worker if they are an Oranga Tamariki caregiver
• their provider agency if they are a care partner caregiver or care staff.

For Oranga Tamariki caregivers, requests for financial support must be approved by the site or youth justice manager.

Support from the caregiver social worker

The caregiver social worker is not part of the assessment or investigation into the allegation but will be there to offer support to the caregiver(s). Support can be offered by:

• explaining the process of assessment or investigation and any Police processes
• ensuring the caregiver receives the required resources from Caring Families Aotearoa and is able to access support
• checking how the caregiver and their whānau or family are feeling and coping throughout the process
• offering practical assistance
• being available to the caregiver to answer questions about the process and what happens next.

Oranga Tamariki staff must not provide support for caregivers during assessment or investigation interviews because this is a potential conflict of interest.

Caregiver support plan

Support from Caring Families Aotearoa

Oranga Tamariki has a contract with Caring Families Aotearoa to deliver support, information and advice to caregivers who are the subject of an allegation of harm.

When they are advised of the allegation, caregivers must be:

• provided with written information about the allegation support service offered by Caring Families Aotearoa
• encouraged to make contact with Caring Families Aotearoa on criticalsupport@caringfamilies.org.nz or 0800 693 278 as soon as they learn of an allegation.

Caring Families Aotearoa has a lawyer who can advise caregivers if this is needed.

Allegation support – Caring Families Aotearoa

Other forms of support

Caregivers can talk with their support person or others about the allegation but must not talk about te tamaiti, including naming them, the person who made the allegation or any Family Court process.

The need for support by a person of the same culture must be considered and facilitated if possible. An interpreter must be offered if required.

There is a Caregiver Assistance Programme available through Benestar:
Phone 0800 360 364
Email counsellingsupportnz@benestar.com

This report must outline:

• the nature of the allegations
• details of the assessment or investigation, including relevant background information on te tamaiti and the caregiver
• the assessment and analysis of the information gathered
• the findings of the assessment or investigation for each allegation.

The report must not name te tamaiti or contain identifying information or any other information that breaches the privacy of te tamaiti, including information about court process or orders.

The report may include general, non-identifying information about te tamaiti, such as the length of time te tamaiti has lived with the caregiver and challenges the caregiver has had.

Outcome report – template (DOCX 46 KB)

The draft outcome report must be approved by the supervisor and given to the site manager or youth justice manager for agreement.

Providing caregivers or care staff with the draft outcome report

We consider who is the most appropriate person to communicate the draft outcome report to the caregiver or care staff. We must provide a copy of the draft outcome to the caregiver or care staff in the manner that they have requested (email, post, courier, hand delivery) and may verbally communicate the outcome to them, if requested. This must occur within 5 working days from the time the assessment or investigation has been completed.

If the caregiver or care staff is being supported by Caring Families Aotearoa, they can consent to a copy of the draft outcome report being provided directly to Caring Families Aotearoa.

If the caregiver has been approved by a care partner or is care staff, we inform the care partner of the outcome of the assessment or investigation. A copy of the draft outcome report can only be provided to a care partner with the permission of the caregiver or care staff.

The caregiver or care staff must be given the opportunity to provide comment and feedback on the draft outcome report once they’ve reviewed it. When the supervisor provides the caregiver or care staff with the report, they must also provide:

• the contact details of the person the caregiver or care staff can provide feedback to – this can be in a meeting, by telephone or in writing, depending on the caregiver’s preference
• the date that feedback is required by.

Finalising the outcome report

The investigating social worker(s) must:

• consider the caregiver or care staff’s feedback
• record how it has been accounted for
• finalise the outcome report.

The report must then be:

• approved by the supervisor of the investigating social worker(s)
• signed off by the site manager or youth justice manager.

This must occur within 15 working days from the date the assessment or investigation was completed. The timeframe may be extended if the caregiver needs more time to consider the draft report and provide feedback.

Once finalised, the outcome report must be provided to:

• the caregiver
• the caregiver social worker (for Oranga Tamariki caregivers)
• the social worker for te tamaiti
• Caring Families Aotearoa (if the caregiver has consented to this)
• the regional manager
• the Caregiver Recruitment and Support manager
• the regional Partnering for Outcomes manager, if applicable.

If the caregiver has been approved by a care partner, inform the care partner of the outcome of the assessment or investigation and of any additional processes arising (for example, criminal charges). A copy of the outcome report can only be provided to a care partner with the permission of the caregiver or care staff.

We also inform the regional Te Kāhui Kāhu assessor of the outcome of the assessment or investigation. A copy of the outcome report can only be provided to the regional Te Kāhui Kāhu assessor with the permission of the caregiver.

The outcome report for Oranga Tamariki caregivers must be recorded on the caregiver's CGIS record by the investigating social worker.

The outcome report of care partner caregivers or care staff will be held on file by Partnering for Outcomes.

Timeframes for the outcome report

From the day the report of concern is received:

• the assessment or investigation must be completed within 20 working days – in specific circumstances, the assessment or investigation may require a full assessment which must be completed in 40 working days
• the draft outcome report must be approved and provided to the caregiver within 5 working days of the completion of the assessment or investigation
• the outcome report must be finalised by the investigating social workers and approved by their supervisor and the site manager or youth justice manager within 10 working days of the draft outcome report being provided to the caregiver.

Core assessment phase

Full assessment phase

This will be completed by:

• the caregiver social worker for Oranga Tamariki caregivers
• the care partner for care partner caregivers or care staff. They must provide a copy of their review report to their regional Te Kāhui Kāhu assessor.

The caregiver review report must:

• be informed by the findings of the assessment or investigation
• include recommendations regarding the caregiver’s approval status
• outline any support needs for the caregiver, including those specific for te tamaiti and/or actions required to be completed by the caregiver.

If the recommendation is for a caregiver's approval status to continue following a review of approval where there has been a finding that the caregiver has abused, neglected or harmed a tamaiti or rangatahi, special consideration approval will be required.
Policy: Review of caregiver approval – Review following allegations of abuse, neglect or harm of tamariki by a caregiver

The caregiver review report may also make recommendations about who the caregiver can continue to provide care for and if there are any restrictions regarding:

• the age of tamariki
• numbers of tamariki
• specific needs of tamariki.

The caregiver social worker must review and update the caregiver support plan.

Where te tamaiti remains with, or returns to, the caregiver, their social worker must also be consulted about the specific needs of te tamaiti.

Providing the review report to the caregiver

Within 10 working days after the date the outcome report was approved, the caregiver social worker must:

• communicate the outcome of the caregiver review to the caregiver verbally, and/or
• provide a copy of the draft caregiver review report to the caregiver in the manner that they have requested (for example, email, post, courier, hand delivery).

If the caregiver is being supported by Caring Families Aotearoa, they can consent to a copy of the draft caregiver review report being provided directly to Caring Families Aotearoa.

The caregiver must be given the opportunity to provide comment and feedback on the draft caregiver review report. When the caregiver social worker provides the caregiver with the report, they must also provide:

• the contact details of the person the caregiver can provide feedback to – this can be through a meeting, by telephone or in writing, depending on the caregiver’s preference
• the date that feedback is required by.

Finalising the caregiver review report

Once the caregiver’s feedback has been received, the caregiver review report must be finalised within 15 working days of the date the outcome report was approved. The timeframe can be extended if the caregiver needs more time to consider the draft report and provide feedback.

The caregiver’s CGIS record must be updated to reflect the outcome of the caregiver review.

For Oranga Tamariki caregivers, the Caregiver Recruitment and Support manager must provide them with a letter confirming the outcome of the review within 5 working days of receiving the finalised caregiver review report.

The Caregiver Recruitment and Support manager can extend timeframes for the review in exceptional circumstances. In such cases, the caregiver must be informed about the delay and the reasons for the delay and provided with a reasonable timeframe to expect the review to be completed.

Post-review actions

If the allegation was substantiated and the caregiver remains approved  

A copy of the caregiver review report must be provided to the Caregiver Recruitment and Support operations manager and the Service Delivery regional manager.

If the caregiver’s approval status does not change but they have actions to complete

The caregiver social worker must monitor and record the completion of these tasks and ensure they are completed within the expected timeframe.

If additional support is to be provided to the caregiver and/or te tamaiti

This plan will be clearly recorded and monitored by both the caregiver social worker and the social worker for te tamaiti to ensure the support is provided and is adequate to meet the needs of the caregiver and/or te tamaiti.

If the caregiver is reassessed by a care partner

The care partner is responsible for ensuring that any tasks and additional support are put in place and that a copy of the caregiver review report is provided to their local Social Service Accreditation Assessor. The Social Service Accreditation Assessor is responsible for ensuring that any identified tasks are completed. The social worker for te tamaiti may also ask the provider for confirmation that the identified tasks have been completed or are underway.

Review of caregiver approval

Caregiver review meetings

After the caregiver review