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 writes a 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, they might ask a social worker to write a report. The court must get a report from a social worker before making some types of orders, like a custody order under section 101, a guardianship order under section 110, or a special guardianship order under section 113A. The social worker will consider whether it is possible for you to go back to living with your parents or the people who were looking after you before.

The social worker's report must say whether it is possible for you to go back to living with your parents or the people who were looking after you before. If it is possible, the report will say what your parents or caregivers need to do before you can go back to living with them. The report will also say when you might be able to go back to living with them.

The social worker's report will include information that the chief executive says is necessary, as well as any other information that might help the court make a decision. The report might also include information about what you will need in the long term and how those needs will be met. Sometimes, the social worker will prepare the report with the help of a Maatua Whangai worker.

In this situation, a social worker can be someone who works in social work for a child and family support service, or for an iwi social service or a cultural social service, and who agrees to write the report.

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 It might be out of date or be missing some parts.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

This page was last updated on

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


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).