Securing a bright and safe future in a home for life
Children need to know that life has predictability and continuity (Maluccio, Fein & Olmstead, 1986). A permanent care arrangement gives children a stable environment in which to grow up but, more than this, it gives them relationships for life which are permanent, secure and nurturing.
Why permanent care in a home for life is important
Research tells us that:
- stable and continuous care is important for natural and healthy child development as this helps meet their need for safety and support
- children need secure and uninterrupted emotional relationships with adults who are responsible for their care in order to learn how to build secure attachments later in life
- it is much easier for parents to maintain a strong commitment to a child when their role is secure
- children are likely to feel more secure under the care and control of a parent than under that of a child welfare agency
- having a permanent family adds a critical element of predictability to a child's life, thereby promoting a sense of belonging and identity
- being in foster care and never knowing when or where you might be moved on can be extremely stressful for a child
- a child in a permanent care situation can form a more secure sense of the future and is better able to weather other difficulties and changes in childhood and adolescence and become resilient (Jenson & Fraser, 2006).
Keeping the child at the centre of decision-making
At all times, the child's best interests are paramount. Part of this is ensuring that decisions are made in their timeframe, not adult timeframes. We need to remember that for a one year old child, waiting even six months for a decision to be made about their permanent care is often too long; this is half their life-time.
Children need to be involved in all decisions that are made about their lives. They will have their own views and thoughts and we need to consider these. There are different ways of involving children and young people in meetings and decision making, dependent on their age and understanding:
- spend time with the child or young person on their own and talk to them about what has happened. Talk to them about their views and what they would like to see changed or to happen next
- sometimes communicating with very young children is best undertaken through play. For example, by drawing a large road map with houses representing different whānau homes, you can use a toy car to 'drive' around them while talking with the child about their views, wishes and feelings about events or proposed plans
- some children and young people may not want to attend meetings that are about them but will give their views about what they would like to see happen
- children and young people should be given the opportunity to attend any relevant meetings so they can have their say. Think about how the meeting is going to be held and make changes to ensure it is child-friendly and child-focused. Prepare other people at the meeting to use simple, non-judgmental, jargon-free language. Keep the agenda straightforward and focused in such a way that the child or young person can express their views at the beginning of the meeting. Have a space outside of the room for the child or young person to go if they wish to leave the meeting for a period of time. Consider having a support person or advocate for the child or young person at the meeting.
Refer to Key Information: Engaging with children and young people for more ideas on how to involve children and young people in planning and decision making.
Planning a home for life
Active planning for a home for life starts from the moment Child, Youth and Family takes casework responsibility for a child. Our care and protection practice framework reinforces the importance of whānau (particularly birth parents and other immediate family members) being at the centre of decision-making and planning and of the child feeling that they belong somewhere. Even when a family is considered difficult or uncooperative, they are family nonetheless and need to be involved in all decisions relating to the care of their children. Plans also need to be developed in collaboration with the current caregivers, relevant professionals, counsel, and community agencies.
Our care practice framework also highlights the importance of whānau involvement, along with the concepts of belonging and security. The framework also supports our work in the area of permanent care.
Whānau hui or family meetings are a great way of bringing family together to make robust and sound decisions about care. During hui there may be a difference of opinions about what care arrangements are best for the child. It is important that we are upfront with whānau about our concerns so that we can all work positively towards a home for life. When a child's permanent care is not able to be with their parents or with other whānau, we need to clearly communicate this decision to them and the reasons why. These may be difficult and emotionally-fraught conversations, but they do need to happen, and they need to happen quickly so that next steps can be planned.
In situations where children need a safe placement away from their usual caregivers, placing them with a caregiver who could potentially be their home for life caregiver would be the optimal outcome. We won't always know at the outset that the child will need a home for life caregiver, but where possible it would be good to have them as a concurrent care option just in case.
Permanent care options
Home for life is not just about children living away from their immediate family or with whānau or non-whānau caregivers. More often than not, a child's home for life will be with their parents. It is only in the very rarest of occasions when this cannot happen and another home for life needs to be found for them. Listed below are the different placement options available to children we work with:
Return home
Sometimes there may not be sufficient safety for a child to remain at home but there is evidence of commitment and capability to support future care and safety for the child. The child may need to spend a period of time with caregivers while their parents' address the concerns. Plans need to focus on strengthening the existing protective factors and increasing evidence of safety over time that the child can return home. When thinking about returning a child home, consider the following questions:
- What adult behaviours have to change for the child to safely return home?
- Do the parents show willingness and capacity to change?
- Can change be achieved within the child's timeframe?
- What support will the parents need to make these changes?
- Are the changes achievable and realistic?
- How will change be recognised and measured?
Talk about this issue with your supervisor, the family and the child's lawyer, and give consideration to discharging custody orders and putting other orders in place to support the return home.
Consider using an Extended Care Agreement (s.140) rather than a court order when a child comes into the care of the Chief Executive and a return home is planned.
See Key Information: Returning children safely home
Home for life with whānau
There will be times when a child cannot be safely returned to their parents' care within the child's timeframe. In these situations, a home for life for the child with their whānau is the next best thing, providing this meets their safety and stability needs. This placement will help maintain family links, family history and a sense of belonging, as well as fostering the child's cultural and spiritual needs.
Bring whānau together to talk about ways of retaining the child safely in family care, and every effort needs to be made to engage with extended whānau, hapu and iwi in the search for a whānau placement. In thinking about stepping up to be home for life parents, assist whānau to consider the following issues:
- How will they manage any potentially difficult or complex family dynamics?
- What will be the impact of this placement on their own children?
- What practical and emotional support will they need to care for their whānau?
Home for life with non-whānau
While the majority of children and young people who are unable to return home can achieve a home for life with whānau, there will be occasions when this is not possible.
If this is the case, non-whānau home for life parents will be sought instead. It is important to remember that a permanent care arrangement for a child outside of their family does not signal the absolute end of one family and the beginning of another, nor does it sever the child's emotional tie to their birth family. Even if the child is not going to be placed with whānau, it is still important to involve them in the decision making to determine the most suitable home for life parents for the child.
Choosing the best caregivers requires a process of ‘matching' which will consider issues such as ethnicity, religion, supports, maintenance of ties with the birth family, continuity of school and friendships.
It is important to continue to involve whānau in the decision making to determine the most suitable home for life for their child. At one level this will be done through the use of the family profile. Creating a family profile gives guidance on this area of work.
Ideally, holding a meeting between whānau members and home for life parents is the best way of working out how shared guardianship responsibilities will be managed, how contact arrangements can be normalised, and what to do if conflict occurs. This meeting, if carefully planned and facilitated, can create outcomes that will provide the child with a sense of belonging to both their birth family and their home for life family.
Independent living
There may be occasions when a young person has come into the custody of the chief executive in their teens, or they may have been in care for some time and a permanent care arrangement has not been found. In these situations the young person will need someone to support, guide and mentor them as they transition from temporary care to independent living. It is important to understand the needs of the young person and to assess what type of care situation will best assist them to achieve the skills and knowledge which will allow them to live successfully as an independent young adult.
Spend time with the young person to understand their needs, hopes and dreams, and engage with them to develop their independence plan. It is important to remember that even when a young person is moving into independent living, they will still need to be connected to people that will be there for them into the future. Towards independence: Voices of young people and Developing a good independence plan provide additional information that will assist this work.
Legal orders for home for life parents
Non-family/whānau caregivers
A legal relationship between the child or young person and their home for life parent can provides security for both parties, and enables the home for life parent to make important day-to-day care decisions for the child.
A combination of different custody orders can be used to support the child's permanent care arrangement, and it is important to choose the combination that best meets the needs of the child or young person. This needs to be done in consultation with the home for life parents, birth parents and whānau, the child or young person, their lawyer and legal services. The following questions can further help guide this process:
- What is needed to meet the ongoing needs and wellbeing of the child?
- What continued involvement is necessary from Child, Youth and Family?
Our preference is for legal orders under the Care of Children Act 2004 in favour of the home for life parents, with no legal orders remaining in favour of the chief executive.
Family/whānau caregivers
Ideally, the family/ whānau caregivers will have legal orders to support the care of the child, as per the Permanent Care and Creating a Home for Life Policy. However, in some circumstances the family/ whānau caregivers may feel uncertain about taking legal orders. For example they may feel it will affect their relationship with the parents or it is against their cultural beliefs. In these situations it may be possible to discharge the orders in favour of the Chief Executive without making orders in favour of the caregivers.
The decision to discharge without orders in favour of the caregiver needs to be carefully balanced with the needs of the child, including their ongoing safety.
For example if the natural guardians are absent or in conflict with the caregivers the decision to discharge the orders in favour of the Chief Executive would not be in the child's best interests.
The natural parents need to agree to the permanency of the placement with the family/ whānau caregivers and a plan in place to cover any concerns that may arise around the natural parents wishing to resume the care of the child.
An ideal situation in which to discharge the orders would be when the parents support the caregivers; everyone agrees to the future plan for the child to remain with their family/whānau caregivers and there is an agreed plan in place should the child's safety be compromised.
A hui or Family Group Conference is held to confirm the plan and agree on the conditions for the discharge of the orders. Lawyer for the child needs to be involved and consent to the discharge. The Identifying Safe Care Solutions for Children and Young People when they are unable to remain with their parents or usual caregivers provides further guidance on how to build safety for the children in this situation, as does the Building Safety Key Information.
The child's needs, including safety is paramount. If these conditions are not satisfied then it is in the child's best interests to remain in the custody of the Chief Executive for as long as this meets the child's needs.
In situations where it is safe to discharge the Chief Executive's orders the family/whānau caregivers are able to access the support under the Home for Life package. This includes the baby starter pack, the support from the agency providers and the $2,500 or whatever financial support they need to ensure the child's best interests are met. This includes walking them through the financial assistance from Work and Income and ensuring the appropriate payments are in place.
The referral process to the Home for Life support agency is exactly the same in this situation as for the regular home for life situations.
Resource: Referring for home for life support and Use of Legal Orders to secure a home for life.
In these cases approval from the operations manager will be necessary before custody and/or guardianship orders in favour of the chief executive are discharged.
References
Jenson, J.M. & Fraser, M.W. (2006). Social Policy for Children and Families: A Risk and Resilience Perspective. California, USA: Sage Publications.
Maluccio, A.N., Fein, E., & Olmstead, K.A. (1986). Permanency Planning for Children: Concepts and Methods. New York, USA: Tavistock Publications.
