In Confidence
Office of the Minister for Social Development and Employment
Cabinet Social Wellbeing Committee
Oversight of Oranga Tamariki
System and Children
and Young People’s Commission
Acts: Policy Decisions for regulations
Proposal
1
This paper
seeks agreement to policy proposals
for regulations to support the oversight system established
by the Oversight of Oranga Tamariki System Act 2022 and Children and Young People’s
Commission Act 2022 (the Acts).
Relation to government priorities
2
The development of regulations to support the
oversight system established by the Acts aligns with the Government’s priority of improving
child wellbeing and laying
the foundations for the future.
Executive Summary
3
The Oversight of Oranga Tamariki System Act 2022 and the Children and Young People’s Commission Act 2022
(the Acts) contain empowering provisions to make regulations to support the
implementation of the Acts.
4
This paper seeks agreement to matters concerning the commencement of the legislation and regulations. This
includes decisions:
4.1
to draft an Order in Council to specify that the commencement date for the
Oversight of Oranga Tamariki System Act should be 1
May 2023;
4.2
that regulations for the Oversight of Oranga Tamariki
System Act be drafted to come into effect on 1 May 2023;
4.3
that the Children
and Young People’s
Commission Act commence
on 1 July 2023, unless earlier
commencement is required
due to the pre- election
period; and
4.4
that regulations for the Children
and Young People’s
Commission Act commence on 1 July 2023, unless
earlier commencement is required.
5
I consider that regulations for the following matters are required
to support the primary
legislation when it comes into effect:
5.1
whom the Monitor
must notify when it identifies any matter that places
a child or young person in care or custody at immediate risk of suffering, or
being likely to suffer, serious harm;
5.2
what the required
reports of the Monitor
must contain at a minimum;
5.3
what the timeframes are for publishing reports of the Monitor and responses to reports; and
5.4
who can endorse
a candidate applying
to be a member of the board of
the Children and Young People’s Commission (the Commission).
6
There are also some empowering provisions in the
Acts concerning the codes of ethics
that the Monitor
and the Commission must have. I am not seeking policy decisions for these
codes.
7
The intent of the codes of ethics is to support the
Monitor and the Commission to undertake safe and ethical engagement,
particularly with young people. Cabinet has previously made a
number of decisions relating to the codes
of ethics [CAB-19-MIN-0687 refers], which I feel are sufficient to provide guidance, and to ensure that
engagement carried out by the Monitor and the Commission is safe and ethical,
without needing regulations for this. Officials have also sought input from the
child’s rights sector and key providers on whether this needs to be regulated,
and the feedback received supports the approach proposed in this paper.
Background
8
The Acts are designed to strengthen the oversight of the Oranga Tamariki system in three key areas:
•
independent monitoring and assurance of the
operations and obligations under or in connection with the Oranga Tamariki
Act 1989 and associated regulations;
•
oversight and investigation of complaints in matters related
to the application of the Oranga Tamariki Act 1989; and
•
system-level advocacy for all children
and young people in Aotearoa New Zealand.
9
I consider that some regulations are required to
support the primary legislation. This means
that two sets of regulations need to be developed
and in place for when the Acts respectively come into effect.
Timing of commencement of legislation and regulations
10
I propose that the Oversight of Oranga
Tamariki System Act should commence on 1 May 2023,
rather than the fallback date of 1 July 2023 specified in the Act.
11
I further propose that the regulations for the
Oversight of Oranga Tamariki System be drafted to come into effect on the same date. An Order in Council
is needed for the commencement of the Act to occur earlier than 1 July 2023.
This paper seeks agreement to this.
12
Commencement on 1 May 2023 will ensure
the machinery of government for the independent monitoring of the Oranga Tamariki system is settled as quickly as possible,
reflecting the importance of this work – and well ahead of the pre-election
period. Full monitoring, as set out in the Oversight of Oranga
Tamariki System Act, will begin as planned on 1 July 2023.
13
Te Kawa Mataaho – the
Public Service Commission is leading work to establish Orders in Council
to create the Monitor as a new departmental
agency, and is also leading work to appoint a Chief
Executive for the Monitor. Advice on both these
matters is expected
to go to Cabinet next year.
14
I further propose that the Children and Young
People’s Commission Act should commence on 1 July 2023, as set out in the Act, and that regulations to support this Act be
drafted to come into effect on that date. This will ensure a robust process for
appointing the board for the Commission, and will
support the current Children’s Commissioner and her Office as they prepare for
the transition to the new Commission.
15
I note that if the election is announced to take
place prior to 1 October that the commencement date may need to be brought
forward to ensure appointments take effect ahead of the pre-election period. I
seek agreement from Cabinet to bring forward
the commencement date by Order
in Council if required. Agreement to this would enable
an Order in Council to be prepared directly for the Cabinet
Legislation Committee, if an earlier election date is decided.
Regulations for the Oversight
of the Oranga Tamariki System Act 2022
16
Section 57 of the Oversight
of Oranga Tamariki
System Act 2022 sets out the purposes for which regulations
may be issued to support that Act. I
consider that regulations are required for:
•
whom the Monitor
must notify when it identifies any matter that places
a child or young person in care or custody at immediate risk of suffering, or
being likely to suffer, serious harm;
•
what the required reports
of the Monitor must contain
at a minimum; and
•
what the timeframe should be for publishing reports
of the Monitor and
responses to those reports.
Regulations are needed to specify whom the Monitor
notifies of certain
matters
17
Section 57(1)(a) of the Oversight of Oranga Tamariki System Act 2022 enables regulations to be
made for “Prescribing, for the purposes of section 55, 1 or
more persons whom the Monitor must notify and the subject of the notification
where the Monitor becomes aware of any non-compliance with national care standards regulations or any other
matter that places
a child or
young person
in care or custody at immediate risk of suffering, or being likely to
suffer, serious harm.”
18
I propose that regulations be drafted to set out
that where the Monitor becomes aware of certain matters under section 55 of the
Oversight of Oranga Tamariki System Act 2022, the
Monitor must notify the Chief Executive of Oranga Tamariki
and a constable of the New Zealand
Police.
19
This is consistent with how other
reports of concern
for children and young
people can be made in New Zealand. In addition, feedback from the Children’s
Rights sector strongly supported the notification being made to both Oranga Tamariki and the New Zealand Police.
20
I do not propose the regulation refer to the subject
of the notification, as Oranga Tamariki advises it considers the subject of the notification to be the child or young person. It would not
be possible for the Monitor to make the notification without referencing the child or young
person to whom it relates, so I
consider this unnecessary to include in the regulation.
21
Section 55 of the Oversight of Oranga
Tamariki System Act 2022 refers to serious harm. As serious harm is not defined
in the Oversight of Oranga Tamariki System Act 2022,
I propose that this regulation
include a link to the definition of serious harm in the Oranga
Tamariki Act 1989, consistent with the current National
Care Standards. This is also consistent with section 8(2) of the Oversight of Oranga Tamariki System Act.
Regulations should
specify minimum requirements for the reports
of the Monitor
22
I propose that regulations are drafted under
section 57(1)(e) and (f) of the
Oversight of Oranga Tamariki System Act 2022 to
specify minimum requirements for the matters that should be contained in the
following reports required of the Monitor:
22.1 annual reports
on compliance with national care standards regulations;
22.2 annual reports
on outcomes for Māori children
and young people,
and their whānau; and
22.3 three-yearly reports
on the State of the Oranga Tamariki system.
23
The minimum reporting requirements should be broadly
consistent, so that common themes can run through all three of the required reports,
as relevant. This consistency is important because when read together, all
three reports will provide a view across the Oranga
Tamariki system, and how it is meeting the needs of children, young people, and their families
and whānau. I note that reporting
on the Oranga Tamariki system in this respect
includes other system responses, such as Health and Education, to those
children and young people in the Oranga Tamariki
system.
24
In addition to the minimum
reporting requirements, I note that the Monitor has an Outcomes Framework which
is informed by the Child and Youth
Wellbeing Strategy, and that to this end, reporting on outcomes will be a key
feature of the annual and three-yearly reports. Further, as required by the
Oversight of Oranga Tamariki System Act, reporting
will be informed by engagement undertaken by the Monitor, which among others
includes children and young people who receive services or support through the Oranga Tamariki system, and the families, whānau, hapū, iwi, and communties associated with those children and young people.
25
In-line with the objectives of the Monitor
in the Oversight of Oranga Tamariki System Act, reporting will also
cover how the system supports the rights of children and young people within
the Oranga Tamariki system, to the extent that this
information is available to the Monitor. I note that information on rights is
more likely to be brought to the attention of the Monitor via community
engagement and as such this will likely vary from year to year and report
to report. Further,
I do not propose requiring
reporting on rights to
be specified in regulation as I do not want reporting of the Monitor to
duplicate existing reporting on rights that the Commission is mandated to
undertake. Both the Oversight of Oranga Tamariki
System Act and the Children and Young People’s Commission Act include
provisions for information to be shared between the Monitor, the Commission,
and the Ombudsman to support
the respective functions of the oversight bodies, and I am
confident this will support the bodies to fufil their
reporting functions. I envisage that reporting on rights by the Monitor and the
Commission will also help inform New Zealand’s periodic reporting to the United
Nations Committee on the Rights of the Child.
Annual reports
on compliance with national care standards regulations
26
Section 23 of the Oversight of Oranga
Tamariki System Act 2022 requires the Monitor to prepare an annual report on
compliance with national care standards regulations. This is akin to the report
currently produced by the Independent Children’s Monitor
under regulation 81 of the Oranga Tamariki
(National Care Standards and Related Matters)
Regulations 2018 (National Care Standards).
27
I propose that the minimum requirements for this
report should be informed by what is in regulation 81 of the National Care
Standards (which will be revoked when the Oversight of Oranga
Tamariki System Act 2022 comes into effect). This means that the minimum
requirements for the annual report on compliance with national care
standards regulations would include:
27.1
the number
of children and young people in care or custody1, the length of the time spent in care or custody, and a summary
of the reasons why they are
in care or custody;
27.2 a profile of the characteristics
of children and young people in care or custody, including gender, ethnicity, age, disability, and health needs;
1 Care or custody under the National Care Standards relates to being
in the care or custody of the chief executive of Oranga Tamariki. To this end, the reporting on
compliance with the National Care Standards will also only capture information
on children and young people in the care or custody of the Chief Executive of Oranga Tamariki, not other instances of custody such as Police custody. This is consistent with the definition of in care
or custody used in the Oversight of Oranga Tamariki System Act 2022.
27.3 information on the number
of times children
and young people
in care have had a change of
placement including the reasons why;
27.4 information on
complaints, including but not limited to numbers of complaints, the procedures followed
to resolve these
matters, and whether and how
the complaints have been addressed;
27.5 information on identified incidents of abuse and neglect found to have occurred in care or custody, and the
procedures followed to resolve these matters;
27.6
information or results for Māori children and
young people, in terms of the level and degree of compliance with National Care Standards, and the impact of this on Māori
children, young people, and their whānau;
27.7
identification of areas of good practice as well as areas recommended as a focus for improvement;
27.8 separate information for disabled children
and young people,
including Māori disabled children and young people, in terms of the
level and degree of compliance with National Care Standards regulations;
27.9 the state of the systems
of self-monitoring and continuous improvement
operated by the Chief Executive of Oranga Tamariki and approved organisations
with children and young people in care or custody; and
27.10 Information on the efficacy
of practice by Oranga Tamariki, as required
under the Oranga Tamariki Act 1989, to inform persons
who have made a report of concern whether the report has been investigated, and
whether any further action has been taken.
28
Relevant themes from the annual reports on
compliance with National Care Standards will also flow through
to the three-yearly State of Oranga Tamariki
system report.
Annual reports
on outcomes for Māori children
and young people,
and their whānau
29
Section 24
of the Oversight of Oranga Tamariki System Act 2022 requires the Monitor to prepare
an annual report
on the performance of the Oranga Tamariki system in respect of outcomes being
achieved for Māori children and young people, and their whānau.
30
This requirement recognises
that Māori are, and historically have been, over-represented in the care
and protection and youth justice system and that this contributes to poorer
outcomes for Māori. It also recognises the
Crown’s responsibility to give effect to Te Tiriti o
Waitangi, and to improve the wellbeing of tamariki
and rangatahi Māori. The annual report will
demonstrate whether and what progress
is being made, as well as provide insights into what is supporting
improved outcomes for Māori, and where further work is required.
31
I propose that minimum reporting requirements for
the annual report on outcomes for Māori children and young
people, and their
whānau
should include commentary on:
31.1 the application of section 7AA of the Oranga Tamariki Act 1989, and outcomes being achieved for Māori
children and young people, and their whānau;
31.2 the extent
to which practices within the Oranga Tamariki
system have regard to mana tamaiti and the whakapapa of Māori children and young
people and the whanaungatanga responsibilities of their whānau,
hapū, and iwi;
31.3 the measures
taken by the Chief Executive
of Oranga Tamariki
to carry out the duties in
subsections (2) and (4) of section 7AA of the Oranga
Tamariki Act 1989, including the impact of those measures on improving outcomes
for Māori children and young people who come to the attention of the Oranga Tamariki under the Oranga
Tamariki Act 1989, and the steps Oranga Tamariki has taken;
31.4 strategic partnerships Oranga Tamariki has with iwi and Māori
organisations;
31.5 separate information on Māori disabled
children and young people; and
31.6 any impact
on the issues raised in paragraphs 31.1 to 31.5 have on the
measurable outcomes that have been set to reduce disparities for Māori
children and young people.
Three-yearly reports
on the State of the Oranga Tamariki system
32
Section 22 of the Oversight of Oranga
Tamariki System Act 2022 requires the Monitor to prepare a State of the Oranga Tamariki
system report at least
once every three years.
33
I expect that this report will cover the culmination
of the three years of annual reporting to the date of the three-yearly report.
It will include any themes or trends that are identified as part of the annual
reporting, as well as any improvements that have been made or are yet to
be made, in
order to give a view of how the Oranga Tamariki system is working
on the whole.
34
I propose that the minimum requirements for the State
of Oranga Tamariki system report2 should be
commentary on:
34.1 the number
of children who have received
services or supports
under the Oranga Tamariki Act 1989;
34.2 compliance with
the Oranga Tamariki Act 1989, the National Care
Standards Regulations, and other regulations made under the Oranga Tamariki Act 1989;
2 The term ‘services and support’ in the context of this report
includes responding under the Oranga Tamariki Act
1989 to offending (or alleged
offending) by children
and young people,
as well as services and support related
to care and protection.
34.3 the quality
and impact of service delivery
by Oranga Tamariki
or approved organisations;
34.4 the application of section 7AA of the Oranga Tamariki Act 1989; and an
assessment of outcomes for tamariki, rangatahi, and their whānau;
34.5 how services
and supports provided
under the Oranga Tamariki
Act 1989 interface with other systems, including the Ombudsman;
34.6 how the system is
supporting disabled children and young people, including Māori disabled
children and young people, including the provision of reasonable accommodations to ensure inclusive
care of disabled children and
young people;
34.7 areas of good practice
and areas for improvement;
34.8 complaints received
by Oranga Tamariki
in relation to the duties
of the Chief Executive of Oranga Tamariki under the Oranga
Tamariki Act 1989, including but not limited to, numbers of complaints, the
procedures followed to resolve these matters, and whether and how the
complaints have been addressed; and
34.9 identified incidents of abuse and neglect found to have occurred in care
or custody, and the procedures followed to resolve these matters.
Regulations are needed to prescribe
the timeframe for publishing the Monitor’s
reports and responses to those reports
35
Section 31 of the Oversight of Oranga
Tamariki System Act 2022 includes a requirement for the Monitor to publish its
final reports and any responses it receives to these reports on an internet
site maintained by or on behalf of the Monitor,
and within a timeframe specified in regulations. The requirement
to publish final reports and responses supports accountability, which was a
theme heard strongly throughout the development of the bill and the submissions
process on it.
36
I propose that
a regulation be drafted to require
the Monitor to publish its final reports and any agency responses to these reports
10 working days after agency responses are due.
37
I considered two factors:
37.1 ensuring there
is sufficient time for Ministers to consider reports
prior to publication; and
37.2 that the timeframe for publication should
take effect from the time that
any agency response to the report is due rather than from when it is received,
to ensure publication of reports cannot be delayed by an agency not responding
in the allocated timeframe set in legislation.
38
As Ministers are not able to influence the content
of the Monitor’s reports, the time required
by Ministers to consider reports
prior to publication needs
to be sufficient only for Ministers to have time to review
the reports and responses prior to publication.
Regulations for the Children
and Young People’s
Commission Act 2022
39
Section 37 of the Children
and Young People’s
Commission Act sets out the purposes for which regulations may be issued
to support that Act. I consider
that only one regulation is needed, which is to define what constitutes a
relevant agency for the purpose of endorsing a candidate for the board of
Commission. This is a requirement for section 14(2) of the Children and Young People’s
Commission Act 2022 and ensures
that potential applicants for the board have the support
of the sector as well as relevant governance experience.
40
I consider that relevant agencies
or organisations could be defined
in a list of categories in
regulations, and propose that these categories include:
40.1 any national
organisation
which represents Māori, particularly Māori
welfare;
40.2 any organisation that has the mandate to represent an iwi;
40.3 any organisation working with or for children and young people,
including, but not limited to, organisations focused on advocacy for children and young people, and their rights;
40.4 any organisation focused on services and supports for children
and young people, including, but not limited
to, health and wellbeing, and disability services and supports;
40.5
any child- or youth-led organisation; and
40.6 any organisation that represents the views and ideas of
children and young people, including care-experienced children and young people.
I consider further
regulation of codes of ethics is not required
41
Under section 21 of the Oversight of Oranga Tamariki System Act and section 26 of the Children and Young People’s
Commission Act, the Monitor
and the Commission are respectively required to have a code of ethics relating
to engagement and to review those codes of ethics at least every five years.
42
There are also provisions to allow for regulations to be made prescribing:
42.1 the information that must be contained in the respective codes of ethics for the Monitor or the Commission;
42.2 the intervals at which the Monitor and the Commission must review their
respective codes of ethics (if shorter than five years); and
42.3 any one or more persons who must be consulted by the Monitor
or the Commission when
developing their respective codes of ethics or any amendments to their codes of
ethics.
43
Cabinet has previously made a number of
decisions relating to the codes of
ethics, which I consider are sufficient to provide guidance and ensure that
engagement by the Monitor and the Commission is safe and ethical
[CAB-19-MIN-0687 refers].
In particular:
43.1 in developing
their respective codes, oversight bodies must, where possible, take a common approach to support certainty and minimise any potential burden on individuals or those who
are responsible for them, seek input from ethics specialists and from
Māori, and consult with the Privacy Commissioner, to ensure the content of
the code is appropriate;
43.2 prior to engaging directly
with individuals, oversight bodies must obtain their informed consent; and
43.3 where the
individual does not have the capacity to provide informed consent the person
responsible for their day-to-day care may object to engagement on the grounds
that engagement may place the individual
at a risk of physical or emotional harm.
44
Officials have also sought input from the child’s
rights sector and key providers on whether
this needs to be regulated, and the feedback
received supports the approach to not regulate the codes of ethics.
45
Feedback from the sector did, however, support wider
consultation when codes of ethics are developed or amended, in
particular that this should include children and young people, Oranga Tamariki, and community organisations
working with or for children and young people, such as VOYCE – Whakarongo Mai. In addition, there was support
for the Monitor to consult
with the Children and Young People’s Commission on its code of ethics. Feedback
also supported the Monitor undertaking a review of its existing code of ethics
with those it is working with in the community, rather than developing a new
code of ethics. I seek Cabinet
agreement to this approach.
46
Further, as the purpose of the codes of ethics is to
ensure safe and ethical engagement, and the legislation specifically requires
the development of this, I anticipate that the Monitor will review its existing
code, and the Commission will develop
a new code of ethics,
as a priority action once the
legislation commences.
Financial Implications
47
There are no financial implications arising from the
development of regulations. Funding for the Monitor
and for the Commission, which the
proposed regulations will impact on, will be determined through
Budget processes.
Legislative Implications
48
The proposals in this paper will inform
the development of regulations.
Impact Analysis
Regulatory Impact
Statement
49
The Treasury's Regulatory Impact Analysis team has
determined that the proposals in this Cabinet paper regarding the Monitor's responsibilities and the definition of the type of agencies that can endorse a
board member’s application for the Children and Young People's Commission are
exempt from the requirement to provide
a Regulatory Impact
Statement. This is on the grounds that, within the context
of the legislative framework, the proposals have no or only minor impacts on
businesses, individuals, and not-for-profit entities.
Climate Implications of Policy Assessment
50
The Climate Implications of Policy Assessment (CIPA)
team has been consulted and confirms
that the CIPA requirements do not apply to this proposal as the threshold for
significance is not met.
Te Tiriti o Waitangi Implications
51
As with the primary legislation, the proposals in
this paper relating to the development of regulations are upholding the Crown’s
obligations under Te Tiriti o Waitangi. In
particular, the reporting requirements include a focus on supporting improved
outcomes for Māori children and young people in the Oranga
Tamariki system including what contributes to supporting improved outcomes and
where further work is required. This is consistent with Article Three of Te Tiriti o Waitangi which guarantees Māori the same
rights as other New Zealanders. In addition, the regulation defining
a relevant agency for endorsing applicants for the
board of the Children and Young People’s Commission is expected to support
greater representation of Māori on the board.
Population Implications
52
The proposals in this paper are designed to improve
the oversight of the Oranga Tamariki system and how it meets the needs of children and young
people within the care and protection and youth justice systems. It also seeks to ensure effective advocacy for all children and young people in Aotearoa New Zealand. The table below sets out the population impacts of the policy proposals for key groups:
|
Population group
|
How the proposal may
affect this group
|
|
Māori
|
Māori children and young people
are overrepresented in the care and protection and youth
justice system. The
proposed reporting
requirements include a focus on improving outcomes for Māori
|
|
|
children and young people
and their whānau. This is expected to
demonstrate whether and
what progress is being made to support improved outcomes for Māori
children and young people, and their whānau, as well as providing insights into what is
supporting improved outcomes for
Māori, and where
further work is required.
|
|
Children and young people
|
All proposals in this
paper are expected to support improved outcomes for children and young
people. The proposed regulations regarding the oversight of the Oranga Tamariki system will support improved
accountability across the Oranga Tamariki system
with respect to achieving improved outcomes for
children and young people in the Oranga Tamariki
system.
The proposed regulation
for the Children and Young People’s Commission will support the appointment
of members to the board of the
Commission who have
the skills and experience to be able to advocate for the
interests of all children and young people in New Zealand.
|
|
Disabled people
|
Disabled children and
young people are disproportionately represented in the Oranga
Tamariki system. The proposed
reporting requirements include a specific focus
on how the needs
of disabled children and young people are being met, and
includes a focus on Māori disabled children and young people.
This reporting is expected
to support greater accountability with respect to how the
Oranga Tamariki system
ensures the care
and protection of disabled children and young people, as well as
improved outcomes for disabled children and young people
in the Oranga
Tamariki system.
|
|
Rainbow children and young people
|
I considered whether
reporting should include a focus on Rainbow children and young people in the Oranga Tamariki system. The recent Youth Health and
Wellbeing Survey results indicate wellbeing
for Rainbow young people generally is significantly lower than that
of other young
people, and a recent
survey has indicated Rainbow young people may be overrepresented in the Oranga Tamariki system.
However, the Monitor are
not confident that they could adequately report on the situation for Rainbow
children and young people in the Oranga Tamariki system on a regular basis due to a lack of available and
reliable information.
I note that the
Oversight of Oranga Tamariki System Act enables the Minister responsible for
the Monitor to request a specific review, and for the Monitor to undertake
reviews of its own initiative, and I consider this would be a more
appropriate mechanism to consider how the needs of Rainbow children and young
people in the Oranga Tamariki system are being met.
|
|
Pacific children and young people
|
Pacific children and young people
make up a similar proportion of children in care to their proportion of children and young people as a whole. However, Pacific children and young people
are significantly more likely to be in care or otherwise come to the
attention of Oranga Tamariki compared to children
who are neither Pacific nor Māori. The proposed reporting requirements
will support continuous improvements for Pacific children and young people
in the Oranga Tamariki system as for other children and young people. Many Pacific children in care also whakapapa
Māori and will benefit from the specific emphasis on reporting on
outcomes for Māori children.
|
Human Rights
53
The proposals in this paper are consistent with the New Zealand Bill of
Rights Act 1990 and the Human Rights Act 1993.
Consultation
54
The following agencies
have been consulted
on this paper: Oranga Tamariki – Ministry for Children, the Ministries of/for
Education, Health, Justice, Pacific Peoples and Youth Development, the
Department of Corrections, New Zealand Police, Te Arawhiti,
Te Puni Kōkiri,
Treasury, Te Kawa Mataaho, Whaikaha
– Ministry of Disabled People (including the Office for Disability Issues),
the Independent Children’s Monitor, the Education
Review Office and the Office of the Children’s
Commissioner. The Department of Prime Minister and Cabinet has been informed.
55
Officials sought feedback
from organisations in the Children’s Rights sector and key
providers on the proposals in this paper. Feedback
from this engagement with the sector has been used to inform the proposals in
this paper. Overall, the feedback
received supported the proposals. Organisations
consulted included: Amnesty International
New Zealand, Barnardos, Caring Families, Children’s Rights Alliance Aotearoa,
the Fono,
Hoani Waititi Marae, the Human Rights Commission, IHC New Zealand, Save the
Children New Zealand, Social Service Providers Aotearoa, Southseas,
the Paediatric Society of New Zealand, Te Puea Marae, UNICEF New Zealand, and VOYCE – Whakarongo Mai.
Communications
56
Any communications on the development of regulations
will be made following drafting by the Parliamentary Counsel Office and confirmation by the Cabinet Legislation Committee.
Proactive Release
57
I intend to proactively release
this Cabinet paper within 30 days of decisions
being confirmed by Cabinet.
Recommendations
The Minister
for Social Development and Employment recommends that the Committee:
1
agree that the date of commencement for the
Oversight of Oranga Tamariki System Act 2022 and related regulations should be 1 May 2023, and that an
Order in Council be drafted to give effect to this
2
agree that:
2.1
the date of commencement for the Children and Young
People’s Commission Act 2022 and related
regulations should be 1 July 2023
2.2
but that this date be brought forward
by Order in Council if the 2023 election is announced as being on or
before 1 October 2023
3
agree that regulations be developed to specify that
when the Monitor is required to notify
certain matters under
section 55 of the Oversight of Oranga Tamariki System Act 2022 (section 55), it must
notify the Chief Executive of Oranga Tamariki and a
constable of the New Zealand Police
4
agree that the regulation should
link to the definition of serious harm in the Oranga
Tamariki Act 1989
5
agree that the minimum requirements for the annual
report of the Monitor on compliance with National Care
Standards should include:
5.1
the number of children and young people
in care or custody, the length
of the time spent in care or custody, and a summary of the reasons why they are
in care or custody
5.2
a profile of the characteristics of children and young people in care or
custody, including gender, ethnicity, age, disability, and health
needs
5.3
information on the number of times children
and young people
in care have had a change of
placement including the reasons why
5.4
information on complaints, including but not limited
to numbers of complaints, the procedures followed to resolve
these matters, and whether and how the complaints have
been addressed
5.5
information on identified incidents of abuse and neglect
found to have occurred in care or custody, and the
procedures followed to resolve these matters
5.6
information or results for Māori children and
young people, in terms of the level and degree of compliance with National Care Standards, and the impact of this on Māori
children and young people, and their whānau
5.7
identification of areas of good practice as well as areas recommended as a focus for improvement
5.8
separate information for disabled children
and young people,
in terms of the level and
degree of compliance with National Care Standards regulations
5.9
the state of the systems of self-monitoring and
continuous improvement operated by the Chief Executive of Oranga Tamariki and approved organisations
with children and young people in care or custody
5.10 Information on the efficacy
of practice by Oranga Tamariki, as required
under the Oranga Tamariki Act 1989, to inform persons
who have
made a report of concern whether
the report has been investigated, and whether any further
action has been taken.
6
agree the minimum
requirements for the new annual
report of the Monitor on outcomes for Māori children and
young people, and their whānau should include
commentary on:
6.1
the application of section 7AA of the Oranga Tamariki Act 1989; and outcomes being achieved for Māori
children and young people, and their whānau
6.2
the extent to which practices within the Oranga Tamariki
system have regard to mana tamaiti and the whakapapa of Māori children and young
people and the whanaungatanga responsibilities of their whānau,
hapū, and iwi
6.3
the measures taken
by the Chief Executive of Oranga Tamariki to carry
out the duties in subsections (2) and (4) of section 7AA of the Oranga Tamariki Act 1989, including the impact of those measures
on improving outcomes for Māori children and young people who come to the
attention of the Oranga Tamariki under the Oranga Tamariki Act 1989, and the steps Oranga
Tamariki has taken
6.4
strategic partnerships Oranga Tamariki
has with iwi and Māori organisations
6.5
separate information on Māori disabled
children and young people
6.6
any impact that points 1-5 above have on the
measurable outcomes that have been set to reduce disparities for Māori children
and young people.
7
agree that the minimum requirements for the Monitor’s
new three-yearly State of Oranga
Tamariki system report include relevant insights from annual reporting as well
as commentary on the following matters:
7.1
the number of children who have received
services or supports
under the Oranga Tamariki Act 1989
7.2
compliance with the Oranga
Tamariki Act 1989, the National Care Standards
Regulations, and other
regulations made under
the Oranga
Tamariki Act 1989
7.3
the quality and impact of service delivery
by Oranga Tamariki
or approved organisations
7.4
the application of section 7AA of the Oranga Tamariki Act 1989; and an
assessment of outcomes for tamariki, rangatahi, and their whānau
7.5
how services and supports provided
under the Oranga Tamariki
Act 1989 interface with other systems, including the Ombudsman
7.6
how the system is supporting disabled children and
young people, including Māori disabled children and young people,
including the provision of reasonable accommodations to ensure
inclusive care of disabled children and young people
7.7
areas of good practice and areas for improvement
7.8
complaints received by Oranga Tamariki in relation to the duties
of the Chief Executive of Oranga Tamariki under the Oranga
Tamariki Act 1989, including but not limited to, numbers of complaints, the
procedures followed to resolve these matters, and whether and how the
complaints have been addressed
7.9
identified incidents of abuse and neglect found to have occurred in care
or custody, and the procedures followed to resolve these matters
8
agree that the timeframe for publication of final reports
of the Monitor and any responses to these reports should be
10 working days after an agency response is due
9
agree that a regulation be drafted to specify that the following categories constitute a relevant agency for the purpose of
endorsing a candidate applying to be a board member of the Children and Young
People’s Commission (the Commission):
9.1
any national organisation which
represents Māori, particularly Māori welfare
9.2
any organisation that has the mandate
to represent an iwi
9.3
any organisation working
with or for children and young people, including but not limited
to, organisations focused
on advocacy for children and young people, and their
rights
9.4
any organisation focused
on services and supports for children and young people, including but not limited
to, health and wellbeing, and disability services and supports
9.5
any child- or youth-led organisation
9.6
any organisation that
represents the views and ideas of children and young people, including care-experienced children and young people
10
invite the Minister for Social Development and
Employment to issue drafting instructions to the Parliamentary Counsel
Office to give effect to the decisions in recommendations 1-9
11
agree that regulations are not needed
at this stage for the following matters relating to codes of ethics:
11.1 to prescribe the content of the respective codes of ethics
for the Monitor and the
Commission
11.2 to prescribe
the intervals at which the Monitor and the Commission must review their respective
codes of ethics
11.3 to prescribe
who the Monitor
and the Commission must consult
when developing or amending their respective codes of ethics
12
agree that rather
than creating a new code of ethics,
the Monitor should review its existing code of ethics
13
agree that in addition to the groups previously
agreed by Cabinet, the following groups should be consulted
when the Commission develops, and when
the Monitor or the Commission review their codes of ethics:
13.1 Children and young people
13.2 Oranga Tamariki
13.3 community organisations working
with or for children and young
people, including VOYCE – Whakarongo Mai
14
agree that in addition to the above,
the Monitor should
consult with the Commission on any amendments to its
code of ethics.
Authorised for lodgement Hon
Carmel Sepuloni
Minister for Social Development and Employment
