The Poutasi report identified of imprisoned sole caregivers can be in the care of another person without formal authority. This can be for long periods, without consideration for the child’s safety or wellbeing. It noted the children of people in prison are among our most vulnerable citizens.
Critical gap 1
The needs of a dependent child when charging and prosecuting sole parents through the court system are not formally identified
An imprisoned parent has very little real ability to check up on a child’s care or to follow up on a caregiver’s ongoing suitability or treatment of the . The Poutasi report found that, when a sole parent is facing a custodial sentence, it should be a red flag for risk.
The Poutasi report made two recommendations aimed at closing this critical gap. They were focused on vetting the carers of whose sole parent has been arrested and/or taken into custody, regular follow-up checks of those carers to ensure ongoing safety of tamariki and providing support for carers to meet the needs of these tamariki.
Also relevant to this critical gap is the report by the Office of the Inspectorate | Te Tari Tirohia on Corrections’ management of Malachi’s mother. That report noted that Malachi was not recorded as a dependant when his mother arrived at prison.
Ensuring the needs of dependent whose sole parent is imprisoned are identified and met will help to close this critical gap. To do this, the system must first identify these tamariki and .
Some work has progressed. Oranga Tamariki and Corrections have taken steps to understand the number of parents with dependent tamariki and rangatahi who come before the courts, and judges are now more likely to receive information about dependent tamariki and rangatahi of people being sentenced. As part of the decision to accept all the recommendations in the Poutasi report, Cabinet agreed to make enhancements to the existing report of concern process to ensure that tamariki and rangatahi of sole parents who are incarcerated are identified and their needs met. We were told that agencies are working together on a dedicated interagency response to identify and respond to the needs of these tamariki and that this will include assessing the safety of alternative carer arrangements.
Through our monitoring, we heard that work by Corrections is ongoing to ensure information about dependent children is recorded. However, prisoners and Corrections kaimahi told us about challenges and why Corrections is not always made aware of parental responsibility. Some of these reasons are outside of Corrections’ control such as parents not being willing to provide relevant information and other agencies not sharing it. It is important, however, that Corrections does record information about the dependent tamariki of parents in prison and that prison social workers take opportunities to keep parents connected with their tamariki and rangatahi. Regular connection can make parents aware of safety and wellbeing issues for their tamariki and rangatahi in the community, and prison social workers (currently in women’s prisons only) can help parents to respond to concerns, including by working with Oranga Tamariki.
Child death reviews that we looked at reveal that another child whose parents were in prison was killed by a person meant to be caring for them, just two months after Malachi died.
Despite the work that has progressed, this critical gap remains.
In our previous review, we noted that, to fix a problem, it is important to understand the extent of it. At the time, the Ministry of Justice could not tell us how often a sole parent or carer had been in court on charges that could lead to a sentence of imprisonment.
A recent Oranga Tamariki published evidence brief21 used data from the Integrated Data Infrastructure (IDI) to identify for research purposes how many parents (including sole parents) in prison in 2021 had and aged under 18. It showed that more fathers of tamariki and rangatahi aged under 18 are imprisoned than mothers of tamariki and rangatahi aged under 18 (Table 1).
| Fathers | 3,522 |
| Mothers | 399 |
Data from the IDI further shows that, as at 31 March 2025, 41,610 tamariki and rangatahi aged under 18 have a parent who is either in prison or has been in prison at some point in the last five years. It also shows that, as at 31 March 2025, 3,465 tamariki aged 0–4 had a parent who had been in prison or on remand in the past 12 months. This was 1.2 percent of this age group in . For those aged 5–14, the number and proportion increased to 9,630 tamariki or 1.4 percent of this age group.22
Corrections told us it began collecting information in March 2024 and, as at May 2025, had completed 7,184 pre-sentencing reports that identified dependants in respect of 6,010 individuals. It could not provide information on whether the dependants recorded were tamariki and rangatahi or other dependants or how many of these individuals received a custodial sentence. Corrections was later able to advise that, between March 2024 and 11 September 2025, 582 males, 106 females and 13 people of unknown gender were recorded in their presentencing report as having dependants23 and were subsequently documented as being in prison custody. This suggests that most people with dependants for whom a pre-sentencing report is prepared do not receive a custodial sentence.
We also asked Police how many people it had taken into custody who identified themselves as a primary carer. Police advised it does not currently collect this information, but changes are being made to the Electronic Custody Module (ECM) within the National Intelligence Application to include a prompt to ask about dependants. It told us the ECM prompt is to improve identification of dependants and that concerns are referred to the appropriate agency. Police guidance is to forward concerns about tamariki and rangatahi to Oranga Tamariki. While it was not able to provide data for this review Police confirmed that, in future, it will be able to report on how many people it has taken into custody who identified they have dependants. However, it will not be able to report on how many of those dependants were tamariki and rangatahi.
The Ministry of Justice provided an update on the cross-agency work led by Judge John Walker to ensure judges receive information about the dependent and of defendants. It advised that the Making Children Visible in the Court operational process was introduced in March 2025. It said the process strengthens existing court mechanisms such as oral submissions to identify for judges when a defendant has dependent tamariki and rangatahi. However, the Ministry of Justice could not tell us how many times judges had been made aware of the existence of dependent tamariki and rangatahi since the introduction of this process, as the court case management system does not record this.
Police told us that the Police prosecution report was updated as part of Making Children Visible in the Court. It now prompts Police kaimahi to include childcare arrangements so the prosecutor can provide the information to the Court if appropriate. The report now includes a section to note the details of applicable childcare arrangements at the time of arrest, including how many tamariki and rangatahi they relate to and whether Oranga Tamariki was contacted.
Corrections told us it includes whether someone has a dependant on its Provision of Advice to Courts form along with other information relating to the individual’s sentencing or relevant court matters. This is to better inform sentence pathways and consideration of support needs. Support needs could include a report of concern to Oranga Tamariki or to make sure the parent has the support they need to stay in touch with their tamariki and rangatahi while in prison. While this change is positive, Corrections noted its impact is limited by its reliance on self-disclosure.
Identifying dependent tamariki and rangatahi is just the first step. It is important that, once they are identified, the needs of these tamariki and rangatahi are understood so they can be supported and kept safe.
The Poutasi report recommended that Oranga Tamariki should be engaged in vetting a child’s carer when a sole parent is arrested and/or taken into custody. It said that Police (or the relevant prosecuting agency) in the first instance, and the Court in the second, would need to build time into their processes for this to occur. The report further recommended that Oranga Tamariki do regular followup checks and provide support for vetted carers while the sole parent remains in custody. It identified that resourcing must be addressed to enable this to occur.
It made this recommendation because no part of the system considered whether Michaela Barriball was a safe caregiver for Malachi, if she was able to meet his needs while his mother was in prison or if she needed specific supports to do this.
A December 2025 Cabinet paper noted that agencies are working together to enhance the existing report of concern process to ensure that whose sole parent is arrested and/or taken into custody are identified and their needs met. In January 2026 an in-person interagency hub will be established including Oranga Tamariki, Corrections, the Ministry of Education, , Police and the Ministry of Justice. At the time of drafting, Health NZ was considering its appropriate level of involvement in the hub. The hub will be based in the Oranga Tamariki NCC.
From February 2026, Police, Corrections and MSD will identify tamariki whose sole parent is remanded in custody and/or sentenced to a term of imprisonment. They will make a report of concern to Oranga Tamariki at the following points:
- opposition to bail – if Police oppose bail for the first Court appearance
- Immediate Needs Assessment – when Corrections assesses a prisoner’s needs upon arrival at prison
- Corrections data match – used to identify MSD clients who have been imprisoned and are receiving financial assistance from MSD24
- application for, or change to, assistance – when MSD receives an application from a caregiver for a benefit or other financial assistance in respect of, or to include, a child, where the applicant is not the lawful guardian of that child, and where the parent(s) of that child is in prison.
The interagency hub will then help to identify and respond to the safety, wellbeing and adequacy of care needs of these tamariki within 48 hours of the report of concern being received. It will do this by gathering and sharing information that the agencies in the hub hold about the circumstances and care arrangements for these tamariki. This is enabled through existing provisions in the Oranga Tamariki Act.25
We recognise the progress made in getting to this point. It provides an opportunity to not only check on a child’s safety, but to put support in place for tamariki, and their carers. As we outline later in this section, tamariki and rangatahi who have a parent or parents imprisoned may need a wide range of support and information. The hub is an opportunity for agencies to step in and help ensure those needs are met. Bearing in mind the challenges tamariki and rangatahi with parents in prison face, there is also an opportunity for the interagency hub to consider support for, and to see all these tamariki, not just those assessed as being at risk of harm. This wider focus would link with the priorities of the Social Investment Fund and could be delivered through community partners.
However, we are concerned that if the hub is not sufficiently resourced, the response may not achieve what Dame Karen envisaged when she made this recommendation. At worst, it could divert existing resources at the expense of seeing other tamariki for whom concerns have been raised.
More can be done to identify dependent tamariki and rangatahi, but often, it will still require parents to tell agencies about their tamariki
In our 2024 review, we said we would look at whether and how agencies are routinely identifying and responding to the needs of dependent tamariki and rangatahi whose parent or carer is arrested and/or taken into custody. In our engagements for this review, we found that opportunities to identify these tamariki were sometimes missed.
Mothers were not always asked if they have tamariki and rangatahi when taken into police custody or in prison
We met with mothers in prison who had dependent tamariki and rangatahi being cared for by someone other than a parent – either because their mother was their sole parent or because both parents were in prison. They told us about a range of experiences of when they were asked whether they had dependent tamariki and rangatahi.
A couple of mothers told us police ensured that their tamariki were looked after during their arrest. One mother told us police asked her “who could look after your baby?”, and after she called a friend, the police went and picked her friend up and brought her to the mother’s house to look after her baby.
Other mothers told us that, either at the time of arrest or when in custody, police did not ask them whether they had tamariki and/or did not listen when they were told about dependent tamariki.
“With my last arrest, my son was at home with me. I was dragged from the house. I yelled at the neighbour to go into the house and get my son who was aged 2 years. Police physically removed me from the house. I tried to tell [police] then and after I had been arrested [about my child].” MOTHER IN PRISON
“You should get asked [whether you have dependent tamariki] when you are at the [police] station getting processed. But from experience, [police] don’t listen.” MOTHER IN PRISON
Another mother told us she would not tell police about her dependent tamariki because “I don’t trust police”.
Police told us its People in Police Custody Policy sets out considerations for police officers regarding dependants of those taken into custody. It advised the policy is being updated to include additional considerations such as that police must ensure appropriate due diligence is undertaken when arranging for the care and protection of a detainee’s child/dependant, including assessing the immediate environment the child/dependant will be placed in and any local and reliable knowledge.
The mothers we met with recounted various experiences of being asked about dependent tamariki when arriving at prison. One mother told us she was “asked about the ages of [her] children, but not much other than that”. Another said she was asked about her tamariki “and if they were safe”. A third mother said only her family had asked her about her child and that no professionals or case managers had, but “the prison social worker got involved when I started to talk about [my child]”.
There is little support for parents to find a suitable carer prior to being imprisoned – and many receive no advance notice of a custodial sentence
Corrections told us a probation officer completing a pre-sentence report for someone with dependent tamariki and rangatahi should ensure the individual is aware of all sentencing options so they can make arrangements for the care of their tamariki accordingly. We were told there is guidance for Corrections kaimahi to have these conversations and prepare parents for the possibility of a custodial sentence. While this should happen, it is not clear that it must happen. This may explain why some of the mothers we met with had not been prepared for the possibility of a custodial sentence.
“I was on bail at home for [over a year]. No warning, end of trial and that was it. Dropped my kids to school and that was it.” MOTHER IN PRISON
“I was on electronic monitoring bail for [nearly 200] days – full carer for our … kids. Went to court and my lawyer said, ‘We’re sending you to jail today’. I went to court expecting to go home. I had jail time before my sentence, which hopefully would let me go [on home detention].” MOTHER IN PRISON
“I didn’t know until on the day [that I would be sentenced to imprisonment].” MOTHER IN PRISON
Only one mother told us about proactively asking for a sentencing indication, which meant she was able to make calls and arrange for her tamariki to be cared for before she went to prison.
When we met with mothers in prison, we asked about their current experiences within the last 12 months. While it is possible that some mothers also spoke about prior experiences with police and Corrections, it was clear from what we heard that not all mothers were asked about their tamariki or informed about a possible custodial sentence. We hope that the experiences of mothers who are imprisoned are now getting better – in line with what we heard from agencies around improving processes to identify dependent tamariki of parents being imprisoned.
Once in prison, further efforts are made to identify dependent tamariki but improved information sharing would help
Prison kaimahi told us they ask for information about dependent tamariki so they can help ensure tamariki and rangatahi are being cared for. Kaimahi told us parents who indicate they need to arrange childcare as part of their immediate needs assessment are given the opportunity to do so. In response to our information request, Corrections told us parents who need to arrange childcare can make phone calls until they are satisfied their tamariki are cared for. If appropriate arrangements cannot be put in place, prison kaimahi will contact Oranga Tamariki via a dedicated 0800 number, which alerts the Oranga Tamariki call centre that the call is coming from a prison.
Prison kaimahi told us that, when people are brought into Corrections custody, the immediate needs assessment process collects information about dependent tamariki, but people will not always disclose that they are parents because of a lack of trust.
“[It] can be hard to establish that [women coming to prison] have kids … Women are scared of Oranga Tamariki involvement.” PRISON KAIMAHI
“We know with some women that they do have kids and that some don’t tell us, but we are responsible to find out.” PRISON KAIMAHI
We heard Corrections receives limited information from other agencies about dependent tamariki. We heard from prison kaimahi that information about dependent tamariki and rangatahi is sometimes recorded on paperwork from the courts, but information about dependent tamariki and rangatahi is generally not shared with them by Police.
“If [prisoners] have been in police cells prior to coming out here [to the prison], you get [no information].” PRISON KAIMAHI
Police told us that a prisoner transit sheet accompanies the individual to court and, if they are remanded in custody, to the prison. It confirmed that the prisoner transit sheet does not include information about dependants. It further confirmed that Police guidance states to forward any concerns about dependants to Oranga Tamariki.
Corrections informed us that its immediate needs assessment process is still being refined. It told us specialist advice is being provided on the collection and storage of personal information about dependent tamariki of people in prison.
Tamariki and rangatahi whose parent(s) are imprisoned need support and information
Pillars26 helped us understand the needs of rangatahi who had had a parent or parents go to prison. Pillars met with six rangatahi, some of whom were younger when their parent(s) went to prison, to help inform our review.
Three rangatahi had either their sole parent or both parents go to prison. The remaining three had their fathers imprisoned whilst they remained cared for by their mothers.
The responses from all the rangatahi suggest that, even when a parent remains available to care for them day-to-day, tamariki and rangatahi whose parents go to prison have a number of needs that are not always addressed. For them the need for support was not limited to just those who had a sole parent who was imprisoned.
Almost all (five) of the rangatahi had a change in living circumstances. In some cases, tamariki and rangatahi were cared for in their home but by another relative who moved in. Others had to move out of their homes to be cared for by someone else.
“I was in and out of different homes all the time at first. I had one interview about who I wanted to live with – that was the only time I felt the system actually cared.” RANGATAHI
“We often didn’t go to the doctor or dentist coz Nana wasn’t able to do that for us on her own.” RANGATAHI
Some rangatahi who continued to be cared for by their mother also had changes in their living circumstances. In the most extreme situation, a rangatahi said they experienced homelessness for a while as a direct result of their parent going to prison.
“I was homeless, constantly changing schools, couldn’t make any long-term friends – I didn’t make friends until I went to college. Figuring out who I was was so hard – lying about my dad’s identity.” RANGATAHI
“Dad was in and out of prison, and we were living in cars homelessness. Lots of different houses, different schools, transience was the norm. There was like a year that went by when we couldn’t go to school.” RANGATAHI
“Food parcels in times of need really helped – we are a big and when you’re hungry everything stops.” RANGATAHI
Half of the rangatahi said they felt safe with the person caring for them. The other half either did not feel safe or only felt safe some of the time. Most were not involved with Oranga Tamariki as a result of their parent going to prison, but some had prior involvement. Sometimes the involvement was for a sibling or siblings.
“Most of the time [I felt safe], but we lived a free will kind of life doing whatever we wanted. It was also terrifying at times too. Like when my dad got out of prison and brought drama home – I had to stay awake for days to keep myself and my siblings safe.” RANGATAHI
“No matter how old they are, involve little kids as well – as long as there are trusted adults around to do that. Not the people who are hurting them.” RANGATAHI
“I wish I’d been communicated with. I would’ve felt safer with more assurance – knowing that my family is OK. Understanding why this was happening.” RANGATAHI
The rangatahi were affected in a variety of ways. Most talked about disruptions to friendships and relationships, some had had interruptions to their schooling and some spoke of feeling isolated. The rangatahi all felt that better communication is needed with tamariki and rangatahi. Things they wanted to help to understand include what will happen and why – such as who they will live with, and how court processes work.
“School was hard because some people didn’t want to be associated with us because of our parents. My sister lost friends, so I became silent and isolated myself coz I didn’t want to lose friends like she did.” RANGATAHI
“The police told me on the spot when they came to get [Mum] that she was going to jail. I had no time to react or prepare.” RANGATAHI
“I do feel I was always last to know about everything, and [the] process was very long and draining.” RANGATAHI
“My school would have police turn up to interview me in uniform. My friends would know. The teachers knew. It messed up my relationships. It was like I always had to be in damage control mode. I grew up around it, so it was normalised in a way which isn’t right. I know now that none of it was OK.” RANGATAHI
All the rangatahi spoke of a lack of support from people and agencies at the time their parent(s) went to prison and while they remained in prison. However, four of the six rangatahi specifically mentioned what a positive difference the support they received, and continue to receive, from Pillars has made.
“When it first happened, no one supported me. My mum got no support either.” RANGATAHI
“We just had to go to our Mum’s court cases to find out if she was coming out or not. There was no communication or support.” RANGATAHI
“Due to the court case, we weren’t allowed to discuss anything in relation to the case so that was difficult.” RANGATAHI
“All I had was my family and all I could do was live day-to-day until the sentencing. I couldn’t imagine how terrible it would have been if I hadn’t had the support I did.” RANGATAHI
“I never talked about what my happened with my Dad to anybody. It’s just something that you just don’t talk about.” RANGATAHI
These experiences demonstrate that those who care for tamariki and rangatahi whose parent(s) are imprisoned need a wide range of supports, irrespective of any concerns for their safety. They also show that tamariki and rangatahi in this situation may need specific support provided directly to them.
“I want support to be there ready to go – like the KWKW [Kaiwhatu Kura Whānau – whānau navigators in the criminal District Court] idea needs to happen. I think the BoR [Pillars Youth Advisory Panel Bill of Rights] would make a big difference to other families – as long as they had support to be walked through it. I gave up some of my childhood to get through it all. I can’t imagine what my older sister had to give up.” RANGATAHI
“I would change everything to be honest … we need someone there to support the kids because I know there’s heaps of kids out there that just get left and the police don’t really worry about the families … yeah, I would change the support system.” RANGATAHI
In November 2025, the Social Investment Agency announced its first round of funding. A total of $50 million will go towards programmes reaching more than 1,600 tamariki and rangatahi. Ministers decided the priority cohorts for the first round of the Social Investment Fund would include tamariki and rangatahi with parents who are, or have recently been, in jail.
Having identified tamariki and rangatahi whose parents are in prison as a priority for funding, there is an opportunity to put in place the support these rangatahi are asking for.
The interagency hub that is being established may be a vehicle to achieve this. Its role is to gather and share information about the circumstances and care arrangements for tamariki and rangatahi whose parent(s) are remanded in custody awaiting court appearances or sentenced to imprisonment.
At the time we drafted this review, it was unclear what role agencies such as the Ministries of Health and Education may have in delivering supports via the interagency hub. It is also unclear whether there is an intention for all tamariki and rangatahi to receive a welfare visit, or whether the response will only be where concerns for safety are apparent. We encourage all government agencies to consider how to deliver a wide range of support.
By listening to those rangatahi who are experiencing the system today, government agencies can close the gaps in the safety net for tamariki and rangatahi in the future.
Prison social workers support mothers in prison but there is less support for fathers in prison
The Poutasi report identified that an imprisoned parent has very little real ability to check up on their child’s care or to follow up on a carer’s ongoing suitability or treatment of their tamariki and rangatahi. The prison social worker role is important in helping to keep parents connected with their tamariki and rangatahi. It is through regular connection that parents can become aware of any emerging safety or wellbeing issues.
We heard that, in women’s prisons, a prison social worker would be notified about dependent tamariki so they could support mothers in prison.
In prison, working with a social worker is voluntary. The mothers we met with told us that prison social workers help maintain connections with their whānau, including dependent tamariki and rangatahi, while they are in prison.
“… My prison social worker was there [next to me on the audio-visual link for the family group conference]. She supported me in there.” MOTHER IN PRISON
“I asked the [prison] social worker if I could have my baby [with me] here. The social worker worked really hard for my baby to be here.” MOTHER IN PRISON
We also heard prison social workers are someone mothers can talk to if they are concerned about their tamariki and rangatahi.
“I would go to my [prison] social worker, the one here. Because I have built up a relationship with her.” MOTHER IN PRISON
“I would tell my prison social worker. She is quite busy, but she could help me. She is the reason why I decided my ex-partner isn’t safe. She is awesome.” MOTHER IN PRISON
The support for fathers in prison is not the same. Kaimahi at Christchurch Men’s Prison told us there was no social worker. When we asked if there was a need for one, we were told “[it] would be a benefit if we had one. We had a team of them 15 years ago.”
Two of the 17 child death reviews we looked at were for the same child, who was killed by a person who was meant to be caring for them while their parents were in prison. The reviews identified that, when this child’s mother was imprisoned, they were placed in Oranga Tamariki custody by Police under section 48 of the Oranga Tamariki Act, 1989.27
After an initial short stay with an approved Oranga Tamariki caregiver, the child was placed into the care of a member. This whānau member had other in their care, and Oranga Tamariki did not complete a caregiver assessment as a senior practitioner from another Oranga Tamariki site “vouched” for them. What is most concerning about this case is that, despite the parents being previously known to Oranga Tamariki, a multitude of family violence reports made to Oranga Tamariki and reports of concern about abuse to other tamariki, the section 48 custody order was allowed to lapse with no assessment of the safety or the needs of the child or consideration of a further custody order.
Soon after the child was placed with this whānau member and after the custody order had lapsed, the child was taken by another whānau member without Oranga Tamariki knowledge or follow-up. Less than six weeks later, the child had been killed by a person meant to be caring for them. The child was not seen by Oranga Tamariki after they were with their whānau caregiver, and their needs were not assessed. The social work practice was adult-centric, with little consideration of the child’s vulnerability or what they needed.
“When [the child] was placed in [the whānau member’s] care, [the child] was not seen there and the impact on the [whānau member] and the other tamariki [they] cared for was not considered.” ORANGA TAMARIKI CHILD DEATH REVIEW
When this child’s experience is considered alongside the experience of Malachi, it further highlights the vulnerability of tamariki whose parent is imprisoned and the need for the system to provide greater protection for them.
21 Ning, B., Faasen, K., Jackson, G., & Jenkin, G. (2024). Evidence brief: Care of children of incarcerated sole caregivers. Oranga Tamariki | Ministry for Children. ot.govt.nz/assets/Uploads/About-us/Research/Latest-research/Youth-Justice-research/Evidence-Brief-Care-of-Children-of-Incarcerated-Sole-Caregivers.pdf
22 Age-specific data was drawn from publicly available data online at sia.govt.nz/what-we-do/regional-data-explorer
23 Corrections advised that it does not collect information on whether the dependant recorded is a child or young
person or if the individual is a sole parent.
24 Generally financial assistance from ceases when a person is imprisoned
25 Sections 15, 66 and 66C
26 Pillars | Ka Pou Whakahou is a national charity that works with and of people in prison. It provides wraparound social work, mentoring programmes and youth advocacy.
27 Section 48 gives custody to the Chief Executive of Oranga Tamariki for up to five days. This is to allow Oranga
Tamariki to determine the necessary steps and whether and what custody orders are necessary.