Seeking Solutions with Families Policy (Care and Protection)
What's Important To Us
Family decision-making is at the heart of the Children, Young Persons and Their Families Act 1989. The key strength of family decision-making is the involvement of all those who know and are committed to the child or young person concerned, including the child or young person. Children and young people and their families have a right to come together, to create family-led solutions to issues concerning their safety and well-being. Families are the experts in their own lives.
This policy focuses on working with families to develop solutions to respond to care and wellbeing concerns for their children and young people. The policy covers the areas of the participation of the child or young people, using family/whānau agreements to support families, and the family group conference.
Participation of children and young people
Children and young people must be encouraged and assisted to participate in decision making in a manner that is appropriate to their age, maturity and culture. Where these factors restrict their participation, the child or young person's wishes and views must be represented. See Key Information – Engaging with Children and Young People for more information.
Family/whānau agreement
A family/whānau agreement is considered when there are enough safety factors (as determined through Child and Family Consult) for engagement in a voluntary agreement. A family/whānau hui/fono (meeting) with extended family must be held in order to complete the agreement. The purpose of the meeting is to assist the family/whānau to support ongoing safety and well-being of the child or young person. Note: a family group conference is the appropriate mechanism for working with children and young people who are in need of care or protection.
The family/whānau meeting results in a plan (family/whānau agreement) that is realistic, achievable and relates to the ongoing safety and well-being of the child or young person.
The family/whānau agreement has a maximum length of three months (with a possible one-month extension) and the family/whānau can withdraw from the agreement at any time. A second agreement can be made for a further three months, but cannot be extended. If the concerns have not diminished within this timeframe the social worker must consider a referral to a family group conference.
Towards the end of the three months, the social worker must review the progress of the agreement in order to determine the next steps. This review must include the people involved in the agreement and must be recorded.
Family group conference
Referral
A social worker will refer for a family group conference without delay if they believe a child or young person is in need of care or protection (pursuant to s14, Children, Young Persons and their Families Act 1989). A genogram must be created for any child or young person referred for a family group conference. Where further information on a child or young person's health and education needs is likely to assist the family group conference, a referral for a Gateway Assessment must also be made.
For more information on the process for referral and understanding the benefits of a Gateway Assessment for a child or young person refer to Guide for Social Workers
Timing
A family group conference must be held as soon as is practicable, balancing the needs for family/whānau involvement and the child or young person’s sense of time. If there is a delay in the holding of the family group conference, the co-ordinator must discuss this with the case work supervisor to ensure all actions are being taken to progress the family group conference and to manage casework needs in the interim.
Plan
Family/whānau members (including the child or young person) must be assisted to understand why the child is thought to be in need of care or protection. The social worker will agree to the plan unless it does not address the care or protection concerns for the child or young person. The plan must state specific, relevant, meaningful tasks and the agreed responsibilities, including any Gateway Assessment Interagency Services Agreements which are agreed by the family group conference. The plan will also include a safety plan for the child, if required.
If the plan breaks down, the social worker, their supervisor and the co-ordinator must discuss reconvening the conference.
S19(3)
When a s19 referral has been made and the coordinator considers that a further investigation or assessment by Child, Youth and Family is necessary, the co-ordinator will discuss the case with the site Practice Leader and if necessary seek further information from the referrer.. The s19(3) referral must meet the current criteria as outlined in the Decision Response tool or Response Matrix if a referral for an investigation or assessment is to be made.
Review
The review process should be part of the family group conference plan. The conference may be reconvened at the motion of the co-ordinator, or at the request of two members of the conference, for the purpose of review. It is the responsibility of the co-ordinator to ensure the review occurs.
If the matter is already before, or will be before, the Family Court, the conference may agree that the plan can be reviewed through the Court process.
For information about s141 family group conferences refer to: Disability provisions of the Children, Young Persons, And Their Families Act 1989.
