The Children Young Persons and their Families Act 1989

1992 ◽  
Vol 17 (4) ◽  
pp. 5-6 ◽  
Author(s):  
Ian Hassall

Since November 1989 New Zealand has had new statutory care and protection and youth justice procedures. They differ substantially from the procedures under the old 1974 act. For the majority of cases, the disposition of the child, services provided and, in the case of offending, any penalties or restitution imposed are now the responsibility of the family rather than the Court.This responsibility is exercised through a new official process called the Family Group Conference, at which the State is represented but in which the decision-making power is expected to rest largely with the family. Only if this fails or if the offence falls into the most serious of categories is the matter passed to the Court. A new group of officials has been created to co-ordinate the process. They are known as Youth Justice and Care and Protection Co-ordinators.

1997 ◽  
Vol 77 (2) ◽  
pp. 125-134 ◽  
Author(s):  
ALLISON MORRIS ◽  
GABRIELLE MAXWELL

This article describes the system of youth justice adopted in New Zealand in 1989, which introduced a number of radical and innovative features including the involvement of young people, families, and victims in deciding how best to deal with the offending. The principle mechanism for achieving this is the family group conference, which replaces or supplements the Youth Court as the principle decision-making forum in most of the more serious cases. Research data are presented that indicate that, to a large extent, this new process is working well and may be having an impact on reconviction figures.


2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Tracy Williams ◽  
Julia Ioane

INTRODUCTION: The Family Group Conference (FGC) is one of Aotearoa New Zealand’s most innovative features to emerge in the Oranga Tamariki Act (1989). It was designed to address the harm caused by youth offending, as well as set the scene for reconciliation to allow victims to heal. However, victim participation at such conferences remains low.METHODS: This study focused on a 6-month pilot project in 2019 between the agencies of New Zealand Police, Oranga Tamariki and Victim Support, that aimed to increase victim participation at FGCs within the Tāmaki Makaurau (Auckland) area. Rates of victim participation were tracked and six professionals were interviewed for their observations on the pilot.FINDINGS: Victim participation in FGCs increased during the project and interviewees identified that there had been more collaborative efforts between the professionals involved. Thematic analysis highlighted issues with 1) Agency processes and systems (with more training and resources needed, and more streamlined processes between the three agencies called for); 2) Information (youth justice information and cases were “too complicated,” and tended to be offender-focused, not necessarily understanding victim’s perspectives nor getting feedback from them); and 3) Timing (improved processes were needed around timely police referrals and there were effects of timeframes overall on victim participation).CONCLUSIONS: Participants recommended building on this exploratory pilot to increase and maintain better outcomes. The importance of victims being well-prepared for FGCs, feeling well-supported in making an in-person submission, in culturally appropriate ways, needs timely collaboration between well-trained and well-resourced professionals from the agencies involved.


1993 ◽  
Vol 26 (1) ◽  
pp. 72-90 ◽  
Author(s):  
Allison Morris ◽  
Gabrielle M Maxwell

This study describes the system of juvenile justice adopted in New Zealand under the Children, Young Persons and Their Families Act 1989. The Act sets out objectives and principles which stress a number of innovative features including the integration of a western and an indigenous approach; the empowerment of families and young people; the involvement of victims; and group consensus decision-making. The principal mechanism for achieving these objectives is the Family Group Conference which replaces or supplements the Youth Court as the principal decision-making forum in most of the more serious cases. Police involvement in decision-making is also increased by a greater emphasis on diversion and by their role in reaching agreements in the Family Group Conference. Research data are presented which enable an evaluation of the extent to which the Act is meeting its objectives. The tensions in the system are discussed: particularly the issue of victim involvement versus an offender focus and the conflict between accountability and welfare.


1996 ◽  
Vol 20 (1) ◽  
pp. 16-23 ◽  
Author(s):  
Murray Ryburn ◽  
Celia Atherton

The quality of relationship between families and professionals is clearly crucial to the development of good social work practice, especially where the care and protection of children are concerned. After tracing the origins of the Family Group Conference in New Zealand, Murray Ryburn and Celia Atherton describe the procedure and explain how this model, based on a commitment to partnership, is being adapted and used in the UK.


2004 ◽  
Vol 34 (1) ◽  
pp. 59-77 ◽  
Author(s):  
SALLY HOLLAND ◽  
JONATHAN SCOURFIELD ◽  
SEAN O'NEILL ◽  
ANDREW PITHOUSE

This article discusses the potential of family group conferences to act as a liberating intervention for families traditionally controlled by the state welfare system. Family group conferences are interventions designed to remove control of decision making from professionals and allow family groups to make decisions about the welfare of one or more of their members. Using data from a qualitative evaluation of family group conferences in Wales, this article examines ‘imposed empowerment’ and social control, and the feasibility of treating ‘the family’ as a unit for state intervention. The authors propose that the family group conference approach not only has the potential to shift the balance of power between the state and client families, but that it may have the potential to democratise decision making within families. However, it is also noted that such interventions can be seen to be maintaining social control through subtle and possibly unintentional means. The article engages with sociological research and theory on democracy in the family.


Author(s):  
Deanna Edwards

This chapter provides guidance for convening a family group conference (FGC). The FGC process is designed to be family-led and empowering. As much of the decision-making as possible should therefore be undertaken by the family, including decisions about the practicalities of the meeting. It is also important to consider the role that advocates can play in ensuring that the views of vulnerable family members are represented. An FGC can only be an empowering process for families if individuals are enabled to express their views. Ultimately, it is a complex and time-consuming piece of work and should be undertaken by a skilled and well-trained and supported coordinator. Indeed, ongoing training and support for coordinators is crucial and should include full FGC training, safeguarding training, and shadowing opportunities.


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