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Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Moving to independence

386AAD: Young persons entitled to live with caregiver up to age of 21 years

You could also call this:

"You can live with a caregiver until you're 21 if you've been in care."

Illustration for Oranga Tamariki Act 1989

If you are a young person who has been in care, you can choose to live with a caregiver from age 18 to 21. You can ask to live with a caregiver at any time during these years. The chief executive must tell you about this option before you leave care.

You can live with a caregiver you have lived with before, if they agree and it is good for you. If the caregiver does not agree, or if you do not want to live with them, you can live with another caregiver. The chief executive will help you find a caregiver to live with.

If you are already living with a caregiver and something changes, you can ask to live with another caregiver. The chief executive will help you find a new caregiver if it is good for you. You can get help from the chief executive to live with a caregiver until you are 21 years old.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS223417.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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386AAC: Principles to be applied when assisting young person to move to independence, or

"Helping young people become independent: following important rules to support their growth and well-being"

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386AAE: Providing support to young persons to negotiate support arrangements and monitoring of support arrangements, or

"Helping young people make and check plans for living with a caregiver"

Part 7Children and young persons in care of chief executive or other persons or bodies
Moving to independence

386AADYoung persons entitled to live with caregiver up to age of 21 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 both of the following types of care or custody:

  2. 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):
    1. 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.

      1. The young person is entitled to be supported to live with a caregiver at any time and for any period from the age of 18 years up to the age of 21 years and may request to do so at any time.

      2. Before the young person leaves care or custody, the chief executive must advise them of the entitlements under subsection (2).

      3. The young person is entitled to be supported by the chief executive to live with or return to living with a particular caregiver with whom they are placed or have previously been placed or lived unless—

      4. the caregiver does not agree to have the young person live with them or is not otherwise available; or
        1. the young person does not agree to live with that caregiver; or
          1. after taking into account the expressed wishes of the young person, the chief executive considers that living with that caregiver is likely to be detrimental to the well-being of the young person.

            1. If no caregiver is available under subsection (4), the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)(b) or (c) does not apply.

            2. If a young person is living with a caregiver under subsection (4) or (5) or this subsection and at some time during the course of that living arrangement any of the matters in subsection (4)(a) to (c) come to apply, the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)(b) or (c) does not apply.

            Notes
            • Section 386AAD: inserted, on , by section 128 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).