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If your child is taken into care
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Children belong in families, and they have a right to live with their family and to be safe from harm. However, sometimes those principles conflict. When things are going wrong, Child, Youth and Family has a responsibility to act to ensure children and young people are safe. This means social workers and the Police have the power, if necessary, to take children away from their family. Often this is done by the use of emergency powers. The information in this section is about the use of those powers.
The law under which Child, Youth and Family operates, aims to keep families together and to work with them to strengthen their ability to care for and protect their children and young people.
Taking a child or young person away from home, away from their parents or their usual caregivers, is done as a last resort. It will only happen when there is no other way of keeping the child safe.
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Why children are taken into care
The only reason social workers or the Police are allowed to remove your children from home is to make them safe. When they take a child or young person into care they must have good reason to believe that the child has been harmed or is not safe.
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Removing a child with a warrant or Court order
In some situations, social workers or Police use a warrant to remove a child from home. A warrant is issued by the Court or a Justice of the Peace. This only occurs when a social worker or Police officer has good reason to suspect that a child or young person is in danger of harm, suffering from ill treatment, neglect or deprivation.
If necessary, Police are allowed to use force to remove the child or young person.
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Removing a child without a warrant
A social worker is not allowed to remove a child without a warrant.
If the Police have good reason to believe a child is in immediate danger of injury or death, they are allowed to take the child away without any warrant. They must show evidence of their identity and authority.
If the Police take a child without a warrant, they have to make a written report to the Commissioner for Children within three days.
If a child or young person is found in a situation which is dangerous to their physical or mental health, the Police can take them back home. If they refuse to go home, or if there is no one prepared to look after them at home, the child can be taken into Child, Youth and Family custody.
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What happens to the child?
When children are removed from home they’re placed in the custody of the Chief Executive of Child, Youth and Family, but this doesn’t mean they go to some strange and unfamiliar place. It’s very unusual these days to send children to a residence where they don’t know anyone. The child will probably stay with a family member, or someone they know well.
Your child may need to be examined by a doctor. In this case, the social worker will ask for your permission. If you refuse, or if they cannot find you, they can go ahead without your permission, but they have to make a written report to the Chief Executive of Child, Youth and Family within three days. Sometimes the Court may order a medical examination.
Your child will be allowed to choose an adult they know well to be with them at the examination. The doctor is not allowed to examine the child or young person internally unless they believe there may have been recent physical or sexual abuse. No general anaesthetic can be used unless approved by the Court.
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Finding out what’s happening
You’ll be told as soon as possible why your child was taken and what’s going to happen. You can ask for an interpreter if English is not your first language, or if you have a disability which makes communication difficult.
If you want information immediately, you can telephone your local office of Child, Youth and Family at any time of the day or night.
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Seeing your child and keeping in touch
In most cases, it’s very important for the family and the child to see each other. You can apply immediately to the Court for access to your child while they are in the Chief Executive’s custody.
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What happens next?
The law says a decision must be made within five days of your child being taken away. If your child has not returned to you in that time, the matter must be taken to the Family Court.
You have the right to take the matter to the Court yourself and to apply for your child to be released before the five days are up. The Court can order that your child returns to you immediately, or it may decide that they should stay in custody.
If the social worker or Police decide on further action, they may apply to the Family Court for a declaration that your child is “in need of care or protection”.
They will arrange a meeting of your family or whanau, called a family group conference (FGC). This conference is a meeting where as many family members as possible of a family group come together to discuss and agree what needs to be done to ensure a child or young person is properly cared for.
The FGC can decide whether or not they agree the child is in need of care or protection and what should be done. If they disagree, the matter may go to the Family Court for a Judge to decide.
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Your rights if your child is taken into care
If you are a parent, guardian or caregiver, and your child is removed from your care by the Police or a social worker, you have the right to:
- see proof of the Police or social worker’s identity
- see the warrant
- ask for an interpreter if English is not your first language, or if you have a disability which makes communication difficult
- be told as soon as possible about what is happening and why
- apply to the Court immediately for the return of your child, or for access to them
- have a hearing at the Family Court within five days.
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