Care and Protection Service Pathway
Differential Response (DR) provides us with increased flexibility in the way we respond to families where there is a potential care or protection concern and increases the range of early intervention options available. The following provides a brief overview of the process beginning with the report of concern through to an intervention.
Working together for children, young people and families
Many of the referrals that come to us turn out to be families that would benefit more from community based support and services rather than Child, Youth and Family (CYF). DR helps us link families with social services earlier and in a more structured way. By connecting families to services that will help them resolve issues earlier, we will be more likely to reduce the likelihood of more serious problems occurring further down the track.
Where the decision is made that CYF is the right response, there are further response options available based on what the family needs. One of the pathways DR introduces is a Child and Family Assessment (CFA) which is a more facilitative and less intrusive alternative to a social work investigation. The investigation pathway is reserved for serious child abuse.
Report of Concern
Under s15 of the Children, Young Persons and their Families Act 1989, any person who believes that a child or young person is being, or is likely to be harmed, ill-treated, abused, neglected or deprived may report the matter to CYF or the police. CYF also receives reports when there are concerns regarding a young person's behaviour or insecurity of care concerns for a child/young person. When this report is made to CYF this is sometimes referred to as a 'report of concern' or a 'notification'.
Contact Centre
The National Contact Centre is the first point of contact for people using 0508 FAMILY (0508 326 459) and 0508 CARERS (0508 227 377) to connect to services within Child, Youth and Family. Social Workers in the Contact Centre assess and refer child protection concerns to a variety of pathways that includes CYF or community responses.
The National Contact Centre operates 24 hours five days a week where child protection concerns are received, assessed and processed via multi-media communications - phone, email, fax and letters.
During business hours (8am to 5pm) Customer Service Representatives (CSR's) ensure callers are directed to appropriate services in the Contact Centre or nationwide. From 5pm Monday to 6.30am Saturday the Contact Centre operates an emergency service for critical and very urgent child protection and youth offending matters, including support to caregivers. This includes supervising nationwide callouts for all sites. From 6.30 am Saturday to 8am Monday calls are received by a contracted Answer Service who route calls directly to after hours social work teams on call throughout NZ.
Initial Assessment
Whenever such a report of concern is received, it is assessed by a social worker to determine the appropriate response for the family/whānau. This intake process makes sure that sufficient information is gathered to make an initial assessment of the level of risk to the child or young person and to plan an appropriate response or investigation. The Decision Response tool assists the social worker to make a decision regarding appropriate response to a report of concern.
When deciding what response is needed, the social worker taking the initial information consults with their supervisor on which of the following responses is the most appropriate for the family:
- No Further Action required
- Refer to Service
- Further CYF response (FAR):
- Partnered response (PR)
- Child and Family Assessment (CFA)
- Investigation.
The timeframe for a CFA or Investigation will be determined by the decision response tool and will be:
- within 24 or 48 hours in cases where an immediate response is indicated;
- in all other cases, within 7 or 28 days.
The majority of cases will be referred for a CFA, with cases of serious physical abuse, sexual abuse, serious neglect or cases where a child witnesses serious family violence receiving an investigation.
Allegations against CYF caregivers will always receive a CYF response and go down either the CFA or investigation pathway.
No further action
A decision of ‘No Further Action’ is reached when the notification does not need a response from CYF or another agency. This is the appropriate response where:
- There is no substance to the report of concern; or
- The information discloses no risk that the child or young person is in need of care or protection; or
- Family/whānau is actively pursuing safety and wellbeing of child or young person and has willingness and capacity to respond; or
- Matters have already been reported and have been or are being dealt with by police, family/whānau or other agency under s17.
Services provided in the community
Services are provided in the community where the family/whānau has low level issues and needs services rather than a formal CYF response. It recognises that many of the families are already receiving community based services, and it is a way of providing an earlier, more comprehensive and co-ordinated response.
Refer to Services (RTS)
The first option for services in the community is when following an initial assessment at the contact centre. The contact centre may directly refer the family/whānau to their local Strengthening Families Co-ordinator who will then work with the family through the Strengthening Families process. This approach keeps the family/whānau safe and connected with those who are best placed to support them.
Partnered Response (PR)
The second option for services in the community is referred to as partnered response.
This is used where the family/whānau could benefit from services rather than a formal CYF response. It recognises that many families are already receiving community based services, and it is a way of providing an earlier, more comprehensive and coordinated response to their individual needs.
These referrals are managed by the site, who has a differential response coordinator dedicated to the role of linking families with the community services they require. CYF continues to be involved in supporting appropriate service provision and provides a safety net for the community organisation and the family/whānau if things do not go to plan.
There are different points in the process where a referral may be made: some referrals will be made when we are first notified about a family/whānau and it is clear that they would benefit from community services working with them; other families may be referred once CYF has completed a fuller assessment and determined that the best response is for community services to continue to work with the family/whānau.
The differential response co-ordinator facilitates a process involving key community services to link the families to the service or services that can address the identified needs. The co-coordinator and the organisations keep in regular contact to monitor the family/whānau’s progress and consider any other services or support that they might need.
Referral information
Prior to making a referral we obtain the agreement of the family/whānau to being referred on to community based social service providers.
The referral information will include things like:
- family/whānau details
- the family/whānau situation
- identified care or protection concerns
- the care or protection needs of the child, young person and parents or caregivers
- the most appropriate type of service for addressing those needs
- the view of the situation by the family/whānau
- family/whānau strengths that will contribute to achieving outcomes
- a brief summary of relevant family/whānau history
- whether any other service providers are involved with the family/whānau.
A referral form has been developed to help standardise our provision of information to community based social service providers.
Child, Youth and Family Responses
Safety Assessment
The initial stage of work in either the investigation or CFA is focused on engaging with the child and their family/whānau and assessing the safety of any children involved in the notification. The Safety Assessment Tool is used to consider the safety of the child(ren) and determine what response is required.
The next stage of work is focused on completing an assessment of the strengths and risks of the family/whānau and working with them to identify appropriate solutions to agreed areas of concern. This involves continuing to engage with the family/whānau and significant others, working with the family so that they understand and respond to issues and creating the environment to facilitate change. Tools that are used in this phase of work include the Family Strengths and Risks Assessment, the Child and Family Consult, Supervision Triggers and the Vulnerable Infant Triggers.
Child and Family Assessment
The Child and Family Assessment response is appropriate when the notification involves an allegation that the care, safety or wellbeing of the child or young person may be at risk but does not indicate the response should involve Police and the collection of forensic evidence.
The child and family assessment is a facilitative and less intrusive approach to engaging families and understanding their needs than a statutory investigation. This will mean that families will not be unnecessarily exposed to a forensically focused process, but will receive an assessment focused on understanding their needs along with their strengths and resources.
The purpose of the CFA is to:
- assess the safety of the child or young person using the Safety Assessment
- identify strengths in the child and family/whānau psycho-social domains (using the assessment framework)
- identify care or protection needs that if addressed could reduce or eliminate the risk of harm to the child or young person
- identify services that could address these needs either during or after the assessment.
Most of the families we work with will receive an assessment response. Cases of serious physical abuse, sexual abuse, serious family violence or serious neglect will receive an investigation response.
Investigation
An investigation response is appropriate when the notification involves an allegation of serious child abuse that may require Police involvement. The Child Protection Protocol (CPP) sets out which cases are governed by the CPP and the steps to follow when the response requires an investigation.
Cases that should follow the CPP include:
- Serious physical abuse (see the test for seriousness in the CPP)
- Sexual abuse
- Serious wilful neglect including failure to provide the necessities of life
- A child witnessing serious family violence which resulted in or had the potential to result in, a death or significant injury to a family or household member.
Because of the seriousness of the concern, all cases in the investigation response are worked in consultation with Police and follow the CPP.
Family/Whānau Agreement
A family/whānau agreement is a contract or written agreement with the family/whānau. It provides services to a child/young person and their family/whānau to ensure that the wellbeing of the child/young person is addressed. It is intended to provide the minimum necessary level of intervention required to address the safety and protection of the child/young person.
The emphasis of this intervention is on working with the family/whānau and using their strengths and resources to ensure that the child/young person is protected and cared for and areas that need addressing are addressed. It is about encouraging and working with the whānau to address the needs of their child or young person.
The purpose of a family/whānau agreement is to enable a whānau that is experiencing difficulties in caring for their child to:
- receive appropriate services
- help resolve identified issues
- retain care of their child/young person.
A family/whānau agreement is established as an outcome of an investigation when it is assessed that a family/whānau agreement will address the identified issues, and the social worker has not reached the point of forming a belief that the child/young person is in need of care or protection.
A family/whānau agreement provides social services including financial resourcing and/or social work support to a child/young person and their family/whānau.
Family/whānau agreements must be time limited, specify tasks, resources and/or services required and have measurable goals and outcomes. They are reviewed at agreed periods.
The family/whānau agreement should clearly define the roles of family/whānau members, the social worker and any other individuals or agencies involved.
Family/whānau agreements have their basis in the principles of the legislation and reflect the chief executive’s duty:
- to promote ‘the establishment of services (including social work services...)’ and
- to adopt ‘policies (including the provision of financial support ...) to provide assistance to children/young people who lack adequate parental care, or require protection from harm, or need accommodation or social or recreational activities’.
Children, Young Persons, and Their Families Act 1989 s7 (2) (b).
If you would like more information about the family/whānau agreement refer to Seeking Solutions Policy.
Family group conference (FGC)
The law recognises that families have the main responsibility for caring for their children and protecting them from harm. At times, though, families may need help. The FGC ensures that whānau are supported to develop their own solutions to the issues they face. Professionals and families work together to reach agreement on how they can keep a child or young person safely within the family group and the community.
In arranging the FGC, the co-ordinator talks with the child/young person, family/whānau, and the social worker regarding date, time and place that suits them, and explains what will happen at the FGC. It is the co-ordinator’s job to make every effort to try and contact all known whānau and invite them to the FGC (including both sides of the family). If people require assistance to attend the meeting this is something that the co-ordinator can work through with them and provide help when appropriate. It is the co-ordinator’s job to ensure that the children/young person and their family is provided with all the relevant information that they need to make sound decisions and plans. This may include information on health, education and any other issues facing the young person, or it may include information on parenting in the context of drug or alcohol addition, or patterns of offending in matters of sexual abuse.
The FGC Meeting
Information and advice giving
The information and advice giving step involves all members of the conference. It involves a clear discussion about why the FGC is being held, what the issues are and what help is available to sort out the problem.
The information and advice giving phase of the FGC also provides an opportunity to discuss the issues that have been raised. Everyone is encouraged to discuss the situations, and what needs to happen to ensure the safety and security concerns are addressed. Important in any FGC is the need to consider any assessments that have been completed. This provides an opportunity for the conference to explore the child or young person’s needs and what can be done to support them.
Private Family Discussions
The FGC is a model that puts the family at the centre of decision-making. The law requires that families are provided with an opportunity during the FGC to talk privately about the issues and what might be done to address them. During this time family group members can discuss what they think is the best course of action to respond to the concern, who is able to be involved and what they would like to see happen. No professionals are present at this time, although family may want to involve other people. It is important to remember, nevertheless, that the FGC overall, and the private deliberation phase in particular, is a family-led process where the family group are able to make decisions and plans that will support their child/young person to be cared for in a safe and responsive way.
Decisions, recommendation and plans
After the whānau has completed their private discussions and has come up with what they want to see in a plan, the conference comes back together and the Coordinator helps to reach an agreed outcome. Sometimes it may be necessary to firm up the ideas in the family’s plan and this may require further discussion and negotiation by all members of the FGC.
In most cases FGCs agree about what should be done.
After the FGC, copies of the plan will be given to everyone affected by the decisions. The Coordinator has responsibility for making sure that the plan is reviewed. If it is not working, or circumstances change, the Coordinator must be told immediately so another FGC can be called if necessary.
We expect that in the majority of situations issues of care and safety will be managed without going to Court. New Zealand’s FGC model is intended as a diversion from the Court system. That said, there are times when a child or young person’s care or safety can not be resolved through family/whānau agreement or FGC. In more serious situations the social worker may need to place matters before the Family Court for resolution.
For more information see Seeking Solutions Policy.
Court
Care or protection proceedings are principally dealt with by the Family Court. The philosophy of the Family Court is to assist people to resolve their own problems by counseling, conciliation and mediation. This is in contrast to the strictly adversarial approach in the District Court. Determination of any dispute by a judge is the last resort. Such a philosophy is consistent with the CYP&F Act, with its emphasis on participation in decision-making by family/whānau members.
The Court’s role is not to ‘rubber stamp’ family/whānau decisions. It has the power to make its own decisions. This means the Court may override the decisions of a FGC, if it is considered that those decisions do not promote the welfare and interests of the child or young person. In doing this the Court would need to be seriously concerned that the FGC decisions and plan would not keep the child or young person safe.
The Court process begins (unless there has been emergency action) with an application for the Court to make a ‘declaration that the child/young person is in need of care or protection’ (s67 CYP&F Act).
Usually social workers or the police make an application for a declaration, but anybody can apply for a declaration if they get the Court’s permission. A Court will only make such a declaration once it has considered the decisions of the FGC and believes that the child/young person’s need for care or protection cannot be met by other means. The judge may refer the matter back to the FGC.
Court Orders
When there have been concerns for the child or young person’s care or safety Court orders may be necessary. As well as making a formal statement that a child/young person is in need of care, the Court can make a wide range of orders to support the child/young person, parents, guardian or others having the care of the child/young person.
These orders include Services orders which provide particular service or assistance to the family, including things like help in the home, education in parenting skills, activities for a child/young person after school, or financial support. Restraining orders are used to prevent contact from someone who is deemed to be dangerous or harmful to the child or young person. A Support order might be used to support and monitor the child/young person and their caregivers and to provide help when necessary. Also under this order the support person or organisation can visit the child/young person at all reasonable times, and tell them not to live at a particular address or with particular people.
A Custody order, and there are a number of different options under the legislation, addresses who should be responsible for looking after a child or young person on a daily basis. A guardian makes or assists the child/young person to make important decisions affecting the child/young person and generally contributes to their personal development.
The role of counsel for child
In any proceedings under the care and protection provisions of the CYP&F Act a counsel for child will be appointed to represent the child/young person (s159).
Counsel for child and the Court must encourage and assist the child/young person to participate in the proceedings to the degree appropriate to the child/young person’s age and level of maturity (s11).
The role of Counsel for child includes:
- advocating for the child/young person’s interests and welfare
- representing the child/young person’s wishes when the child/young person is able to express those wishes.
Counsel for child is appointed from a pool of senior solicitors experienced in Family Court work and their appointment must be approved by a Family Court judge.
Counsel for child’s views on the child/young person’s best interests and welfare may not always coincide with that of the social worker. However, a good working relationship between the social worker and counsel for child is important for good case management. Involving a counsel for child in a Child and Family Consult may help to ensure they have a full picture of information held by CYF and understand the reason for the assessment that has been made.
Care
In some situations the assessment and family decision making will result in the child/young person coming into the care of the Chief Executive. This response is reserved for situations whereby the care and protection concerns can not be addressed by working with the family whilst the child or young person remains in their care.
There are a number of ways that a child/young person may enter the care of the Chief Executive. These include by short-term agreement, such as a s139 Temporary Care Agreement, by emergency action, such as a s39 Place of Safety Warrant, or under a Court Order, such as a s78 or s101 order.
In all situations it is preferable for the placement of the child/young person to be with their family or extended family member. A placement outside the family will only occur when there are no suitable family/whānau, hapu or iwi placements available.
Residences
Residential care is an institutional intervention and only used in extreme circumstances. Children and young people are only placed in residential care when it is impossible to have their needs met within the community and safe contained care is required.
Ideally residential stays need to be short and very well planned to meet the multiple and often complex needs of the children in their care. Our residences cater to a number of children and young people, from 9 years old up to 16. Residential facilities range from small 8 bed residences based in the community to large secure care facilities.
For more detailed information on children in care see Caring for Children Policy.
