An in-depth look at the experiences and practices surrounding tamariki and rangatahi cared for at home while in State custody
About this report
Returning Home from Care looks at the experiences and practices surrounding tamariki Children (plural) aged 0-13 yearsView the full glossary (children) and rangatahi Young person aged 14 – 21 years of ageView the full glossary (young people) cared for at home by their parent/s while in State custody. As at 30 June 2022, 12 percent of tamariki and rangatahi in care (627 tamariki and rangatahi) were living in this type of care arrangement.
Successive Oranga Tamariki Safety of Children in Care reports have found that tamariki and rangatahi in return or remain home arrangements are at higher risk of harm than those in other types of care.
This report found that safeguards and support for tamariki and rangatahi who either remain in, or return to, the care of their parents while in State custody are not always there, despite this group being at higher risk of harm than others in care.
Me he tākapu matakana He tākapu ruku hōhonu He tākapu tohatoha hua
Like a sharp eyed tākapu A deep diving tākapu A tākapu who shares
Aroturuki Tamariki Children (plural) aged 0-13 yearsView the full glossary, the Independent Children’s Monitor, was established in 2019. Our role was expanded in 2023, under the Oversight of the Oranga Tamariki System Act, to monitor the wider oranga tamariki system.
In this review we look at the experiences and practices surrounding tamariki (children) and rangatahi Young person aged 14 – 21 years of ageView the full glossary (young people) cared for at home by their parent/s while in the custody of the Chief Executive of Oranga Tamariki. This includes what practice, services and supports are wrapped around tamariki, rangatahi and their parents to ensure a safe return, or remain, home. We look at what works well, and what doesn’t, to inform future return home transitions.
For many tamariki and rangatahi who are cared for away from their parents, there is an emotional cost. Most do not want to live away from their parents, they want the harm to stop. Being returned to their parents’ care, when it is safe and meets all their needs, is the best possible outcome. When they do return home, tamariki and rangatahi, and their parents, must be supported to make sure it has every chance of success.
We heard what makes a return home a success and about the many challenges. This review identifies several key areas that require attention to support the goal we all have of tamariki thriving at home. As we found in our recent Experiences of Care report, frequency of social worker visits, communication between social workers and parents and whānau Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary, collaboration between government agencies, and availability of services are barriers to improved outcomes for tamariki and rangatahi and a successful return home.
We heard about a greater emphasis being placed on returning tamariki and rangatahi to their parent/s. If this is to happen, it is important that clear guidance is in place to support social worker practice, that all agencies ensure that services and supports for tamariki and their whānau are there when they need them, and finally, that adequate self-monitoring is in place to understand what is working well, and areas of risk.
Our heartfelt thanks go to the parents, rangatahi and tamariki, and kaimahi who shared their experiences with us.
Arran Jones Nova Banaghan Chief Executive Chief Monitor
Return and Remain Home is one of the placement or care types used by Oranga Tamariki, alongside whānau Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary/family, non-kin, and residential care. The Oranga Tamariki description for return and remain home care is “arrangements where children are in the legal custody of the Chief Executive but return to or remain in the care of their immediate family (usually parents). These placements are most used where we are attempting to support the reunification of a family, while still maintaining legal custody”.1
As at 30 June 2022, 12 percent of tamariki Children (plural) aged 0-13 yearsView the full glossary and rangatahi Young person aged 14 – 21 years of ageView the full glossary in care (627 tamariki and rangatahi) were said to be living in this type of care situation.
Tamariki and rangatahi come in to care for many reasons. It may be because of serious abuse or neglect concerns, where tamariki or rangatahi are unsafe. It may be because a parent is not able to provide the parenting needed for a tamariki or rangatahi with high and/or complex needs.
Tamariki and rangatahi can go in to care with the parent’s consent, or Oranga Tamariki can apply to the Family Court for an interim custody order either advising or without advising the parents. The Family Court determines whether the custody application is warranted and either agrees or dismisses the application.2
Once the Chief Executive of Oranga Tamariki has custody they are responsible for the day-to-day care and needs of the tamariki or rangatahi. A custody order in favour of the Chief Executive of Oranga Tamariki means they can make decisions about where the tamariki lives (as well as other important decisions). While this order is in place, tamariki and rangatahi can be moved out of the home at any time.
On occasion a Judge will grant the custody order application on the condition tamariki remain in the care of their parents. Oranga Tamariki usually makes the decision as to the type of care situation the child will live in. If Oranga Tamariki determines the home is unsafe or the parent is unable to care for their tamariki they can place them with an approved caregiver who is either a whānau member or a non-kin caregiver.
If tamariki or rangatahi are placed out of the care of their parents, the goal is to return them home at the earliest opportunity – when it is assessed as safe, and the home environment can meet their needs. The decision to return tamariki or rangatahi home is a serious one and must be made after a careful and thorough assessment of the parent’s capacity and capability to provide the care that is needed.
Oranga Tamariki policy requires that an assessment has been made that it is safe for tamariki to return home. At times, rangatahi will choose to take themselves home – when this happens it is then up to the social worker to put a safety plan in place.
A return home usually occurs while the custody order is still in place. This review goes into the reasons why this is the case. The custody order ought to remain in place for the shortest possible time and discharge may occur within the regular Family Court reporting cycle (that is, within a six- or twelve-month period).
In conducting this review, we were advised that a custody order is required to provide services and supports to parents and tamariki in this care situation. However, the Oranga Tamariki Act (1989) provides alternative options for these provisions 3. Services and Support Orders can be made by a Family Court Judge requiring Oranga Tamariki to provide services to support the return home and to support safe care.
www.legislation.govt.nz/act/public/1989/0024/latest/whole.html#DLM150402 s86 and s91
We heard a collective view across the care sector that tamariki Children (plural) aged 0-13 yearsView the full glossary need to be in the care of their whānau Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary, preferably their parents. Kaimahi from Oranga Tamariki felt that, due to a practice shift within their agency, there was now a greater emphasis on keeping tamariki out of care and returning them to their parents where possible.
We also heard that for a return home to have the best chance of success, the transition needs to be done with care, planned well, and guided by best practice and the specific needs of tamariki and their parents.
When we consider that tamariki have entered care because of safety concerns, it is understandable that good support needs to be in place when they return or remain at home. This need is underlined by the Oranga Tamariki Safety of Children in Care Report, which notes that of all children in care, tamariki that return or remain home are at the greatest risk of harm. Parents need sufficient financial, practical, or educative assistance to support the return home.4
Our report finds that, despite an increased focus by Oranga Tamariki on returning tamariki home, policies, practices and sufficient support from across the social sector are not yet in place.
In reviewing Oranga Tamariki data, and listening to the voices of tamariki and rangatahi Young person aged 14 – 21 years of ageView the full glossary, whānau, and agency kaimahi, several clear themes emerged:
Oranga Tamariki social workers do not have clear guidance on when custody orders are removed, or when less coercive powers are preferred, and this lack of guidance is reflected in regional variations in the duration that orders remain in place.
Oranga Tamariki data on the success of tamariki returning or remaining home is limited, and this reduces opportunities for Oranga Tamariki to understand what is working well and where there are areas of risk.
Planning is important to the success of a return home, however Oranga Tamariki data shows that almost half are unplanned.
While policy recommends that tamariki returned home are visited every week for the first four weeks, data from Oranga Tamariki for 2021/2022 showed that only 19 percent of children who returned home were visited weekly for the first month after the transition.5 Unplanned returns home were also visited less frequently in the first four weeks, than planned returns (75 percent of planned returns received at least one visit in the first four weeks, compared to 63 percent for unplanned).
Support from the wider social sector for tamariki and rangatahi, and their whānau was varied, with communication, collaboration and funding raised as barriers to success. For example, long waiting lists for assessments and specialised support for parents, such as alcohol and drug counselling, and for tamariki, such as mental health or disability assessments, have an impact on parents and tamariki returning home or waiting to return home.
Inconsistent government policies and practice was identified as a barrier to a successful return home. We heard about uncoordinated policy and practice between Oranga Tamariki and Kāinga Address, residence, village, settlement, habitation, habitat, dwellingView the full glossary Ora in particular, which lead to delays in parents receiving the right support or in accessing a suitable, stable home so their children can return.
Oranga Tamariki told us that, following our initial findings, it updated its guidance to align with its approach of a needs-based frequency of visits. The ‘monitoring and reviewing after the return home’ guidance now states that visiting frequency should be based on the assessed needs of the child or young person.
In determining the topic of this first focused review we considered themes uncovered through our monitoring work, including:
our early reports on Agency Compliance with National Care Standards (NCS) Regulations 69 and 85 (which concern allegations of abuse and neglect against tamariki Children (plural) aged 0-13 yearsView the full glossary in care)
the voices of tamariki who have returned home
the findings of the Oranga Tamariki Safety of Children in Care reports.
Our 2021/2022 Experiences of Care in Aotearoa New ZealandView the full glossary report6 captured the experiences of some parents who had tamariki in care returning home. The varied experiences shared with us suggested that there were areas regarding support for parents caring for their own children who remain in the custody of Oranga Tamariki that required further exploration.
For example, we heard that tamariki had been returned home on short notice because other placements had ‘broken down’ and Oranga Tamariki needed a temporary placement.
“They [Oranga Tamariki] asked if I could look after her for a whole week. […] Then they ring me, say there’s a new caregiver, you need to drop her here, we will pick her up and take her away. No one looked back [to when she was with me] and said things are going well, they say nup, she’s going Home for Life. […] It was a big effect, she said to me, ‘why am I leaving, why am I going to them, I’m home with you’. I said, ‘they [Oranga Tamariki] have said this is how it needs to be.’ […] I was gutted, absolutely gutted. I thought yay, they were going to give me a chance.”
In other instances, we were told that parents were considered safe options for some tamariki but not all.
“If I am a safe mother, and because the court say I am safe [for my other children], why can’t I have my girls return?”
We also heard positive experiences where parents were provided with a range of supports and the transition happened in a planned way.
“When the new social worker came along, she promised that she will return our son to us. She explained the process. She gave us a time frame and told us what we needed to do and guided us. She helped us, she worked with us within the time frame.”
Every year, Oranga Tamariki publish its Safety of Children in Care report, reporting on harm caused to tamariki and rangatahi Young person aged 14 – 21 years of ageView the full glossary in care. Over the last four years, these reports have shown the number of children harmed and the number of incidents of harm has largely remained unchanged. What these reports also tell us is that children harmed in return and remain home care are overrepresented, notwithstanding there has been a decrease in the 2021/2022 year (from 23 percent in 2020/2021 to 16 percent in 2021/2022).
The Safety of Children in Care report also acknowledges that tamariki and rangatahi in return and remain home care are “the highest risk group”, with “a higher area of proportional risk”, that “continues to be an area of risk”.7 Unlike other care settings, tamariki are either remaining in or returning to a care arrangement where there have previously been substantiated care and protection concerns. This identified vulnerability is a key factor in deciding to undertake this review.
The 2020/2021 Safety of Children in Care report noted that where harm was found:
“There was a need for more sustained robust safety planning, with supports in place to progress change in adult behaviours in the household or in overseeing the on-going safety and well-being of children and ensuring sustained change. Often the support for the return home placement dropped off or was not established in the first place, and the parent did not receive sufficient financial, practical, or educative assistance to support the social work plan for the child”.8
Given the concerns raised in the Oranga Tamariki Safety of Children in Care reports, our observations from our own reports, and against a backdrop of Oranga Tamariki placing greater emphasis on returning tamariki home, we considered it important to take a closer look.
This report looks at what practice, policy and supports are wrapped around tamariki, rangatahi and their parents to ensure a safe return, or remain, home. We look at what works well, and what doesn’t, to inform future returns home.
We were also interested in understanding more about why tamariki remain in the custody of Oranga Tamariki when it has been assessed as safe for them to be cared for by their parents. We also wanted to know how parents are supported to care for their children, and what their understanding is of the legal orders that enable Oranga Tamariki to make day-to-day decisions while trusting them to provide that day-to-day care.
Due to the small number of tamariki and rangatahi who remain home when a custody order has been granted to the Chief Executive of Oranga Tamariki, this report focuses on those who return home.
This story draws on kōrero Conversation or discussionView the full glossary with one child within a sibling group, their parent, and their Oranga Tamariki social worker. It provides a description of a successful return home from each of these perspectives.
The māmā we spoke with told us about the relationship she has built with her social worker. She shared that this relationship was influenced by her social worker keeping her word, not judging her for past choices and being willing to support the whānau Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary despite challenges that may arise.
“We have been through thirteen [social workers] in all these years, but she is the best. One of the reasons I haven’t moved to [city] is coz I don’t want to shift [social worker]. What if I get someone who doesn’t have kids telling me what to do? Or those who look at you on paper and make a judgement. My [social worker] is the reason I don’t move”.
The social worker acknowledged that the practice shift happening within Oranga Tamariki means mahi WorkView the full glossary is much more “whānau focused” and told us that the result of this is greater partnership and trust. The social worker told us about the importance of building confidence within a whānau, walking alongside them so the parent can see that they can be successful.
“Yeah, things are now very whānau focused, that’s where you get that partnership and build up that trust. If you’re properly working alongside whānau, then it [return home] works better”.
We were told that the transition home was planned; Oranga Tamariki facilitated a hui Meeting, gatheringView the full glossary-a-whānau that included māmā, pāpā and extended whānau. The whānau were supported to develop a return home plan, and we were told that the social worker had an approach that meant the plan was driven by the whānau and their unique needs.
“For the plan I sat down with [social worker], her supervisor and whoever else from [ex partner’s family] and came up with a realistic plan that we decided together. This office makes the difference – a plan that is going to be successful is one that is made by you. A plan should roll itself out not be filled out with things you don’t need with a bus card thrown in.”
The social worker told us about the importance of having plans in place around tamariki Children (plural) aged 0-13 yearsView the full glossary and how this prepares a whānau for the return. She also told us about the need for practical supports and resourcing the return home for tamariki.
This return home plan included a supported transition home for the tamariki, with their māmā initially providing their care with the support of another whānau member before moving to caring for her tamariki independently.
The plan also included on-going support for both the children and their māmā. During our kōrero, examples were provided of both practical and therapeutic supports. Māmā described receiving support from two services within the community. She also explained that her tamariki are being supported around their education and health needs.
This māmā described their social worker going above and beyond, transporting her tamariki to school and organising a resource worker for transport to appointments as the whānau are currently without alternative transport.
The social worker talked about the importance of having relationships across health, education and with the lawyer for child to ensure that they are aware of the plans and in support of these allowing for a smoother transition.
The tamariki spoke about the positive relationship between their māmā and the social worker and told us that they felt comfortable talking to her [social worker]. The child said their social worker ensured they had what they needed for school and how she “helps with adult stuff too”, telling us that their social worker helped their māmā with things she needed.
“She’s really nice and helpful. I can talk to her about anything. I can tell her my feelings. She’s comforting.”
During our kōrero, the social worker said that building trust and confidence with tamariki takes time due to the mistrust they may have toward Oranga Tamariki, but it was important that they knew they were being supported.
We wanted to know why tamariki Children (plural) aged 0-13 yearsView the full glossary and rangatahi Young person aged 14 – 21 years of ageView the full glossary have been returned home to their parent/s yet remain in the custody of the Chief Executive of Oranga Tamariki. On the face of it, if the home has been considered safe then why is the State still custodian? We did not get a clear answer.
Once tamariki are returned home, it is accepted that it can take time for care and protection orders to be discharged by the Family Court. However, considering the average duration that orders remain in place, this cannot be the main reason for why the State remains custodian.
From our interviews, it was evident there are many reasons why orders remain, including risk averse practice. However, we also found there is an absence of clear guidance for Oranga Tamariki social workers on when orders can be safely removed, and when alternative avenues for providing support are used.
Removing a child from their family and placing them in, and keeping them in, care involves the exercise of considerable power by the State. The lack of clarity we heard in preparing this report suggests the need to keep orders in place may not always be justified, and that less coercive powers could be utilised to support tamariki and their parents.
Lack of guidance for Oranga Tamariki Social Workers
Oranga Tamariki data shows that the average duration for tamariki in return home care ranges across Oranga Tamariki regions from eight to 18 months. The average duration for tamariki in remain home care ranges across Oranga Tamariki regions from 10 to 32 months. This is suggestive of an inconsistent approach to when custody orders are removed.
We asked Oranga Tamariki about the variation between regions and were told there is no specific guidance around making decisions to discharge custody.
Oranga Tamariki acknowledged that there are a number of policies about remain and return home that influence decision making. We heard this is because “there is no one size fits all” and a single policy cannot respond to the unique needs of every tamariki, their parents and whānau Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary. We subsequently heard that “responsive planning around return home should account for specific situations.”
Alternatives to providing support to tamariki and whānau
When meeting with Oranga Tamariki National Office to understand the rationale for orders remaining, we heard that “there are a lot of barriers to removing custody orders” for tamariki returning home and that this is not a straightforward process.
Oranga Tamariki advised that, at times, a custody order might be in place as part of a plan where tamariki can return safely to their parents, and at times this can be whānau driven as they have concerns for the safety of tamariki. For some tamariki who remain at home, we were told custody orders allow Oranga Tamariki to support the whānau and provide a level of support that wouldn’t otherwise be available.
Oranga Tamariki National Office advised that, in some cases, there may still be safety concerns for the tamariki while living with their parent/s. Oranga Tamariki maintaining a custody order allows social workers to support the whānau and connect them with supports in the community until they can provide care without the need for a custody order.
However, Oranga Tamariki National Office kaimahi also acknowledged that access to funding and support should not be a reason to be in State custody, but in some instances is the only way that tamariki and their parents can access support. When asked about alternatives such as services and support orders and why these were not the default legal option, we were not provided with a clear rationale.
A Services Order can be made under Section 86 of the Oranga Tamariki Act. This commits Oranga Tamariki to provide resourcing for the services needed while the tamariki or rangatahi is at home with their parent/s. These services are set out in the plan submitted to the Family Court.
A Support Order can be made under Section 91 of the Oranga Tamariki Act. This enables formal social work involvement, with a focus on support and monitoring. It can be used when the care or protection of tamariki or rangatahi requires monitoring, and the whānau or family requires assistance to provide safe care.9
There is guidance on the Oranga Tamariki practice centre stating that Support Orders can avoid the need for a Custody Order and can be used where custody orders have been discharged, where further support and oversight is required.10 However, it is unclear on when and how to apply this guidance.
The lack of clear guidance for Social Workers is likely to contribute to variations in practice, and why orders may remain when they are no longer required.
The consequence of keeping orders in place unnecessarily may increase the administrative burden on social workers, and a level of imposition on the lives of tamariki and their whānau that is no longer warranted.
The role of the Family Court and Lawyer for the Child
Some Oranga Tamariki kaimahi expressed concerns that some lawyers representing the whānau and/or the tamariki did not take social workers’ views into account when providing advice around tamariki care, with some lawyers “stuck in the old ways, trying to keep children in our [Oranga Tamariki] care”. Those kaimahi felt this could result in recommendations not being in the best interests of tamariki or whānau, especially where they felt the lawyer had spent little or no time with those they were representing.
“Counsel [Lawyer] for child has too much power, they see tamariki once every year or every six months, then the Judge looks to them [to guide decision making] … Half our kids [in care] don’t know who their lawyer is when we use their names.”
“I have issues with the Lawyer for Child, things can be difficult with Lawyer for Child. They’re saying one thing and we are trying to uphold the decision of child and whānau. Then the Lawyer for Child is stone-walling the really big conversations that we are having. It’s difficult to shift even from a Section 101 to Section 91, [let alone discharge custody].”
When it comes to tamariki who remain in the home, we heard that sometimes the decision is made by the Family Court. Site leadership gave an example:
“We have a situation where we applied for a Section 78 [Custody Order] and the Judge put in a condition that the tamariki remain with mum”.
Oranga Tamariki kaimahi also had the perception that there was an element of risk aversion to releasing tamariki from their custodial order accompanied by a general distrust between the lawyers/courts and Oranga Tamariki kaimahi “as to whether we will do what we say we are going to do”. Kaimahi described it as “tiring and draining” when they had to have multiple consults with lawyers and judges to convince them tamariki could be returned home with adequate supports in place – “it can be a grind”.
Known difficulties in accessing support for families may also be contributing to risk averse practice and decision making.
Conclusion
While a custody order can be a safety net for tamariki and rangatahi, it remains unclear as to when is the right time to remove an order and hand back responsibility for day-today decision making to the parents, or why less coercive powers aren’t utilised more to support tamariki and their parents.
