Questions on children deprived of a family environment - Children’s Convention from the United Nations

Please provide information about the following:

Question 19(a)

1. How the best interests of the child and children’s views were taken into account in the reform of the care system and the impact of the reform on children’s outcomes, in particular Maori children and children with disabilities;

Reply to 19(a)

In December 2015, the Modernising Child, Youth and Family Expert Panel (the Expert Panel) made a series of recommendations to overhaul the care, protection and youth justice systems.

The Expert Panel developed its recommendations with extensive consultation with stakeholders and experts from across the system, including care-experienced young people. A Youth Advisory Panel of eight young people with current or previous experience of the care system was established to test, challenge and refine the design work. The Expert Panel also conducted interviews with 63 children and young people, parents, caregivers and social workers who had been involved with the care, protection and youth justice systems. The Expert Panel held a series of collaborative design workshops with users of the care, protection and youth justice systems to explore what a future child-centred system could look like.

Oranga Tamariki worked closely with TPK to support whānau engagement with children in both residential and non-residential state care when developing the NCS.

The All About Me plan (administered by Oranga Tamariki) supports outcomes by recording planning information that is responsive to their changing needs and circumstances and advances their long-term goals and outcomes. This helps everyone involved support the needs and objectives of children and young people.

Question 19(b)

2. The implementation of the recommendations contained in the 2015 report of the Children’s Commissioner, entitled “State of Care”, with a view to addressing the overrepresentation of Maori children, including babies, in State care;

Reply to 19(b)

Since its establishment in 2017, Oranga Tamariki has been focused on implementing the recommendations from the “State of Care” report published by the Office of the Children’s Commissioner, including:

• setting explicit expectations for Māori children who come to the attention of Oranga Tamariki, and
• the development of partnerships with iwi and Māori organisations to build the capability of communities to support Māori children and families.

Oranga Tamariki reports annually on the Government’s progress of its practical commitment to the Treaty of Waitangi to improve outcomes for tamariki Māori their whānau, hapū and iwi (section 7AA OTA). The first 7AA report (July 2020) observed a shift in focus towards early intervention services, with more support delivered for Māori by Māori.

Question 19(c)

3. The measures taken to improve the data collection on children’s outcomes, including with regard to education, health and well-being, while they are in care and after they leave care, and any reports on the subject that have been produced;

Reply to 19(c)

Data about children, in particular data from a child’s perspective, is an area of New Zealand’s data system we are looking to expand. Currently, there are few collections that allow children to directly participate in the provision of data. Most official household surveys target people aged 15 years and above and require parents or caregivers in responding households to provide information on children when it’s required.

Oranga Tamariki is working to improve collection of data from children and their families/whānau using better processes, technical solutions, and outcomes reporting. This involves working closely with partner service providers to improve upon service delivery data collection.

Question 19(d)

4. The outsourcing of State care to privately owned care service providers and the applicable regulations and monitoring mechanisms;

Reply to 19(d)

Oranga Tamariki contract service providers are accredited by MSD (using the SSA Standards) and are monitored by the Oranga Tamariki Partnering for Outcomes Group. These can be found in the table below, noting that funding in the current financial year is subject to contracting and may change.

The Independent Children’s Monitor will provide clear, independent advice and information to Government on the impact of the systemic reforms on children’s outcomes. The Children’s Commissioner also considers individual and thematic issues.

The Independent Children’s Monitor has acknowledged that it will take several reporting periods using its Outcomes Framework (in development) for it to receive the level of quantitative and qualitative data required to draw trends and patterns, and that practice change takes time to embed within agencies.

Question 19(e)

5. The timeline for phasing out residences and placing children in family-based and community-based care.

Reply to 19(e)

Oranga Tamariki is developing more suitable placements to meet the needs of young people in care and protection residential care, however there is not yet a set timeframe for this work.

Read Proactive release of Transforming our Response to Children and Young People at Risk of Harm: Paper Four: Care

Oranga Tamariki and Police have expanded community-based options to reduce the use of detention for children and young people. These community-based options aim to provide a more child and young person-centred placement and ensure that young people’s connection to their whānau are upheld and strengthened. In turn, this aims to improve the wellbeing of young people who are held on detention. This work has included improvements to support young people on bail conditions to prevent breaches through engaging young people in activities and education and building connections with whānau.

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