Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Reports

186: Report by social worker

You could also call this:

"A social worker's report to help the court decide what's best for you"

Illustration for Oranga Tamariki Act 1989

When a court is making a decision about you, it must get a report from a social worker first. The social worker will look at things like whether you can go back to live with your parents or guardians. They will write a report to help the court make a decision. The report must say if it's possible for you to go back to live with your parents or guardians. If it is possible, the report will say what needs to happen before you can go back. It will also say when this might happen, taking into account how old you are. If it's not possible for you to go back to live with your parents or guardians, the report will say what you will need in the long term. It will also make recommendations about who should look after you. The social worker will write the report with help from other people, like a Maatua Whangai worker. The report must include certain information to help the court make a decision. A social worker is someone who is employed to help people, and they might work for an organisation that helps children and families. They will make recommendations to the court about what is best for you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151629.

This page was last updated on View changes


Previous

185: Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003, or

"Special rules are used for care or protection orders instead of other laws."


Next

187: Cultural and community reports, or

"Learning about your culture and community to help keep you safe"

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Reports

186Report by social worker

  1. The court—

  2. must obtain and consider a report from a social worker before making—
    1. a custody order under section 101 (other than an interim custody order) placing the child or young person in the custody of any person listed in section 101(1); or
      1. a guardianship order under section 110 that appoints the chief executive, an iwi social service, a cultural social service, or any other person as the sole guardian of the child or young person; or
        1. a special guardianship order under section 113A; and
        2. may obtain and consider a report from a social worker before making any other order referred to in section 83(1) or 84(1).
          1. In the course of preparing a report for the purposes of subsection (1)(a), the social worker must consider whether there is a realistic possibility that the child or young person to whom the report relates will be returned to the care of the parent, guardian, or other person who had the care of the child or young person before the care or protection order was made.

          2. Every report provided to the court pursuant to subsection (1)(a) must (without limiting subsection (3)) make a recommendation, with reasons, on whether there is a realistic possibility that the child or young person to whom the report relates can be returned to the care of the parent, guardian, or other person who had the care of the child or young person before the care or protection order was made, and—

          3. if there is such a realistic possibility, must—
            1. set out the steps that the parent, guardian, or the other person must take, or the behavioural changes that the parent, guardian, or the other person must make, before the child or young person can be returned to the care of the parent, guardian, or the other person; and
              1. recommend a time when, or a period within which, the option of returning the child or young person to the care of the parent, guardian, or other person will be pursued, having particular regard to the age of the child or young person; or
              2. if there is no such realistic possibility, set out—
                1. the child's or young person's likely long-term needs, and proposals for how those needs will be met; and
                  1. if a special guardianship order under section 113A is contemplated, a recommendation about which guardianship rights, if any, should be shared between the special guardian and the existing guardian (as defined in that section).
                  2. Every report obtained pursuant to this section in respect of a child or young person shall include—

                  3. such information as is required to be included in such reports by guidelines issued from time to time in writing by the chief executive after consultation with the Principal Family Court Judge:
                    1. such other information as may assist the court in its consideration of the matter:
                      1. such other information as the court may direct.
                        1. Every report required pursuant to this section shall be prepared, where appropriate, in consultation with a Maatua Whangai worker.

                        2. In this section, the term social worker includes a person employed in the speciality of social work by the director of a child and family support service, or by an iwi social service or a cultural social service, who consents to make a report under this section.

                        Compare
                        • 1974 No 72 s 41(3)
                        • 1982 No 135 s 9(1)
                        Notes
                        • Section 186(1): replaced, on , by section 31 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 186(1): amended, on , by section 23(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                        • Section 186(1)(a)(ii): amended, on , by section 23(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                        • Section 186(2): replaced, on , by section 31 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 186(2): amended, on , by section 90(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 186(2A): inserted, on , by section 31 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 186(2A): amended, on , by section 90(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 186(2A)(a)(i): replaced, on , by section 90(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 186(3)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 186(5): inserted, on , by section 28 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).