386AAdvice and assistance for young persons up to age of 25 years

1. This section applies to any young person (as defined in section 386AAA) who, after the age of 14 years and 9 months, is or has been, at any time for a continuous period of at least 3 months, in 1 or more of the following types of care or custody:

2. a residential placement under section 234(c)(ii) or (iii), 235, 238(1)(d), 307(4), or 311:
3. Police custody under section 236 or 238(1)(e):
4. detention in a youth unit of a prison under section 238(1)(f):
5. the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service under any agreement or order referred to in section 361(a), (c), or (d):
6. the care of the chief executive as the agent of the court under section 33(1)(c)(ii) of the Care of Children Act 2004:
7. under remand or a prison sentence in the adult justice system (before turning 18).

8. A person (including the chief executive), a body, or an organisation that has the care or custody of the young person must, before the young person leaves that care or custody,—

9. assess what support by way of advice and assistance the young person will need to become and remain independent after they are no longer in that care or custody; and
10. provide or arrange for the provision of that support to that young person to the extent that the support reasonably relates to the period before the young person leaves the care or custody; and
11. advise the young person of their entitlements under subsection (4) and section 386B.

12. A person (excluding the chief executive), a body, or an organisation that has the care or custody of the young person must, before the young person leaves that care or custody, provide a copy of the assessment made under subsection (2)(a) to the chief executive and advise the chief executive of the date on which the young person will leave that care or custody.

13. The young person is entitled to support by way of advice or assistance from the chief executive (see section 386B) at any time from when they leave care or custody up to the age of 25 years and may request this support at any time.

14. The young person is entitled to this support whether or not they—

15. have received any support under subsection (2)(b); or
16. are living with a caregiver under section 386AAD.

17. If a young person who has left the care or custody of a person, a body, or an organisation (that is not the care or custody of the chief executive) requests any support or further support, the person, body, or organisation receiving the request must refer it to the chief executive.

18. If a request is made or referred to the chief executive, the chief executive must consider the entitlements of the young person under section 386B.

19. When an assessment is provided to the chief executive under subsection (3), the chief executive must consider the entitlements of the young person under section 386B taking into account that assessment.