Returning Home From Care

Aroturuki TamarikiCloseTamariki
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 and
rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary 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 whānauClosewhānau
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

About Return & Remain Home
Key Findings
Methodology
Who we spoke with
Introduction
A successful return home
Why do custody orders remain?

Lack of guidance for Oranga Tamariki Social Workers
Alternatives to providing support to tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and whānauClosewhānau
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
The role of the Family Court and Lawyer for the Child Conclusion

Are policy and practices in place to support tamariki returning home safely?

Practice shift
Policies that support returning tamariki home
Internal processes within Oranga Tamariki can be a barrier
Planned transitions home have the best chance of success
Visits
Relationships with social worker 28
Is there support for tamariki and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary, and their parent/s? 32
34Supports not in place
Funding 36
38Inconsistent policies and practice between government agencies
Glossary

We heard a collective view across the care sector that tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary need to be in the care of their whānauClosewhānau
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 rangatahiCloserangatahi
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 KāingaCloseKāinga
  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.

4. www.orangatamariki.govt.nz/assets/Uploads/About-us/Performance-and-monitoring/safety-of-children-in-care/2019-20/Safety-of-Children-in-Care-Annual-Report-2020.pdf
5. 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 tamarikiClosetamariki
  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 AotearoaCloseAotearoa
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 rangatahiCloserangatahi
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).

Graph 1: Tamariki in return remain home (RRH) placements as a proportion of care placements and as a proportion of all tamariki harmed in care

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.

7 www.orangatamariki.govt.nz/assets/Uploads/About-us/Performance-and-monitoring/safety-of-children-in-care/2019-20/Safety-of-Children-in-Care-Annual-Report-2020.pdf

8 www.orangatamariki.govt.nz/assets/Uploads/About-us/Performance-and-monitoring/safety-of-children-in-care/2020-21/SOCiC-AR-2021-FA.pdf Page 19

This story draws on kōreroClosekōrero
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 whānauClosewhānau
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 mahiClosemahi
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 huiClosehui
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 tamarikiClosetamariki
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 tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
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 whānauClosewhānau
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.

9 practice.orangatamariki.govt.nz/our-work/interventions/family-court-orders/types-of-court-orders/#support-orders
10 practice.orangatamariki.govt.nz/our-work/interventions/family-court-orders/types-of-court-orders/#support-orders

While tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary returning or remaining home while in the custody of Oranga Tamariki are only 12 percent of those in care, a figure that has been consistent since June 2020, we heard how the practice shift within Oranga Tamariki is to prioritise the return of tamariki and rangatahi back to their whānauClosewhānau
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 rather than non-kin caregivers.

Practice shift

Oranga Tamariki told us it is making a “fundamental shift in its approach to practice” and that “at the heart of this shift is the relationships [it] builds with the tamariki, whānau, communities and partners they work with”. We were told that “practice will draw from Te Ao MāoriCloseTe Ao Māori
The Māori worldView the full glossary knowledge, methods, and principles, which are by their nature relational, restorative and inclusive. This shift in practice will benefit all young people including tamariki and whānau Māori”.11

It was the perception of Oranga Tamariki kaimahi we spoke with, that because of this shift, fewer tamariki are coming into care and more are being returned home to their parent/s.

However, many kaimahi told us they felt there was pressure to avoid bringing tamariki into care and to “get them out of care” meaning that, in some cases, “we are placing children with whānau [including parents] that aren’t set up [to care for them]”. They said the practice shift, although positive, did not acknowledge the amount of time and money that was needed to achieve a successful outcome in returning tamariki home and that the current level of supports available is not adequate.

Oranga Tamariki social workers also had concerns that the shift had put much of the risk back on to frontline staff. Their perception was that the shift in practice meant they were responsible for facilitating support for parents in an environment where financial resources and time are scarce, but for the return home to succeed the demands for these are high. Some told us the return home process could feel “KPI (Key Performance Indicator) driven” rather than focusing on the needs of individual whānau and tamariki.

Furthermore, Oranga Tamariki kaimahi said that their opinions did not seem listened to, yet ultimately those kaimahi believe that all the professional risk lay with them.

“Social worker voices are not being heard, psychologists and lawyers’ voices are heard above social worker voices in the courts. We see it in education where educational psychologist voices are heard. Social worker voices are not heard as a profession.”

“For a successful return, we [social workers] need to hold a lot of risk.”

If the practice shift is to be successful, and if tamariki and rangatahi are to be returned home safely, it is important that Oranga Tamariki social workers have the right policies, tools and resources available to support the transition.

In talking to Oranga Tamariki kaimahi, tamariki, rangatahi and whānau, and looking at data supplied by Oranga Tamariki, we understand:

• policy and practice guidelines are not clear, and there is a lack of alignment between policy and practice
• nearly half of transitions home are unplanned
• nineteen percent of children who returned home were visited weekly for the first four weeks of the return home
• relationships between tamariki and whānau are important and for the most part, we heard about positive relationships.

When we asked Oranga Tamariki if they could tell us about the numbers of tamariki that are subsequently removed from their parents, Oranga Tamariki advised that “due to the complexity of the data”, an analysis of re-entry to care numbers for tamariki that were returned or remained home could not be provided. Information about re-entry is critical for Oranga Tamariki to understand the success of return/remain home care, as well as understanding areas of risk. As noted previously in our Experiences of Care in AotearoaCloseAotearoa
New ZealandView the full glossary 2021–22 Report12, Oranga Tamariki committed to improving its data systems, and it is hoped that this information is available in future.

Policies that support returning tamariki and rangatahi home

Assessing safety needs is a key requirement of the NCS RegulationsCloseNCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary, which place a legal obligation on the Chief Executive of Oranga Tamariki to, amongst other matters, ensure a process is conducted that:

1. Identifies the risk of harm to the child or young person or to other persons by the child or young person
2. Considers the following:
   1. the nature of the harm, loss, or injury that the child or young person may have experienced, and the effect this may have on the child’s or young person’s ongoing safety or well-being
   2. the risks of harm posed by other persons who come into, or may come into, contact with the child or young person
   3. the nature of the child’s or young person’s level of resilience and any protective factors present in the child’s or young person’s environment
   4. aspects of the child’s or young person’s behaviour that may present a risk of harm, and the impact this may have on their own safety or the safety of others.13

The Oranga Tamariki Practice Centre has multiple policies and guidance for social workers relevant to return/remain home.

• The Returning children and young people safely home14 policy outlines steps needed to take both before and after tamariki and/or rangatahi are placed back in the care of the parents.
• Transitions within care15 and When tamariki and rangatahi move between care arrangements16 also provide policy information to inform decision making for tamariki transitioning out of care.
• Assessments are to be guided by the Tuituia assessment framework in a 13-part report completed by the social worker.17

Consequently, social workers are reliant on various pieces of policy to guide their decision making when returning tamariki safely home.

Oranga Tamariki site leadership and frontline kaimahi described a lack of alignment between policy and practice guidelines, and the reality of what can be delivered in supporting transitions home.

“[The current policy] is not fit for purpose. We have not got the infrastructure we need to be out there, and we know it is not going well.”

It was evident in our conversations with Oranga Tamariki kaimahi that the use of professional judgement often superseded policy and guidance when it came to decisions related to returning tamariki home. The need for social workers to do this in the absence of clear guidance has the potential for increased risk for unsafe practice when considered within the context of kaimahi telling us they feel they carry the risk of decision making more than other professionals, and that at times their views were held as less valuable than other professionals.

What is evident from our engagements with both frontline kaimahi and National Office there is a divide between what is happening at the frontline and what National Office perceive to be happening.

Internal processes within Oranga Tamariki can be a barrier

On some occasions, returning to the care of a parent means changing geographical location. This generally means a change of Oranga Tamariki site and therefore social worker.

Oranga Tamariki kaimahi told us about a lack of consistency in how different sites manage the return and remain home process and how this could affect the success of a return home, where the tamariki has been transferred between Oranga Tamariki sites.

However, we heard that overall, site transfers were positive, but also acknowledgment that “for the organisation, it’s a massive opportunity for poor practice to occur”. Some examples were given where Oranga Tamariki social workers had felt other sites had “dumped” cases on them and just walked away because they had run out of options at their site.

“It [transfers] has been [a] dump and run. One from up North, there has been no whānau researching. We had already said mum [as a placement] will not work, and all they did was throw it in our face. They transferred it anyway. You’ve got five days to accept it, the other sites will just transfer and put it on our queue, so we’ve got no choice to accept it. And it’s like holy shit! It creates a huge issue. And our social workers are left to create a plan from scratch. What’s best for the kid?”

We heard that receiving tamariki without a proper handover and communication from the referring site makes it difficult to know what the parents and tamariki need as there is no relationship or trust. Kaimahi told us this felt like having to “start from scratch”.

We also heard examples of the transferring site handing over cases with large financial requests, saying that “this is what we have agreed to, and what the family expects” without discussion or consultation with the receiving site; this left them in the position where their first contact with the referred parent/s may be to say they cannot meet those expectations due to budget constraints.

“I think that many of the tamariki go home to unsafe homes … some sites look over the home environment or the family and because there is nowhere else to go, [so] they put kids back in the home.”

However, overall, kaimahi said it seemed poor transfers were becoming “far less common” because Site Managers had become more focused on ensuring good practice within and between sites and were generally “on the same page”.

11 aroturuki.govt.nz/reports/experiences-of-care-in-aotearoa-2021-2022 Page 47

12 aroturuki.govt.nz/reports/experiences-of-care-in-aotearoa-2021-2022 Page 29

Return and Remain Home is one of the placement or care types used by Oranga Tamariki, alongside whānauClosewhānau
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 tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
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).

Table 1: Tamariki in return and remain care and duration in this placement

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.

1. www.orangatamariki.govt.nz/assets/Uploads/About-us/Performance-and-monitoring/safety-of-children-in-care/2021-22/OT-Safety-In-Care-2022.pdf Page 6
2. www.orangatamariki.govt.nz/children-in-our-care/when-does-a-child-go-into-care
3. www.legislation.govt.nz/act/public/1989/0024/latest/whole.html#DLM150402 s86 and s91

The stories and voices of tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary, and their whānauClosewhānau
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, caregivers and communities are at the centre of our monitoring approach. Effective and meaningful monitoring requires a mix of approaches and the use of quantitative (numbers) data and qualitative (experiences) information.

For the purposes of this review, we focused our community engagement on people with direct experience of return and remain home care. This included tamariki and rangatahi, and their parents.

Who we spoke with

In September and October 2022, we met with 109 people who receive or provide services in the return/remain home space.

16 Tamariki & Rangatahi	9 Parents	78 Staff of Oranga Tamariki	9 Non-government Organisation Representatives

We spoke with kaimahi from Oranga Tamariki, Open Home Foundation, Barnardos, Methodist Mission and Kia Puāwai (formerly Youth Horizons Trust), as well as kaimahi from Mokopuna Ora, based at an Oranga Tamariki site. These agencies were identified by Oranga Tamariki due to the support they provide whānau who have tamariki returning home.

We visited a mix of urban and rural locations across the Waikato and in ŌtautahiCloseŌtautahi
ChristchurchView the full glossary (Christchurch). We also spoke with kaimahi from Oranga Tamariki National Office.

The data included in this report is from our annual data request to Oranga Tamariki.