81ARequest and approval for placement of child with mother

1. A female prisoner who is the mother of a child less than 24 months old, or who is expecting a child, may request the chief executive’s approval to keep the child with her until the day after the date on which the child turns 24 months if she—

2. was the child’s primary caregiver before being imprisoned or is likely to be the child’s primary caregiver on release; and
3. does not have a conviction for an offence involving sexual or violent offending against children; and
4. agrees to undergo screening for the purposes of identifying any mental health and substance abuse issues.

5. The chief executive may approve a request under subsection (1) if—

6. the chief executive is satisfied that the mother meets the criteria set out in subsection (1); and
7. the chief executive considers that placing the child with the mother—
   1. is in the best interests of the child; and
   2. is not inconsistent with any court order relating to the child or any application or proceeding before the court (whether pending or existing) relating to the child; and
8. the mother enters into a parenting agreement under section 81B with the chief executive in relation to the child’s placement; and
9. the chief executive is satisfied that there are appropriate facilities available to accommodate the child’s placement.

10. In considering whether placing the child with the mother is in the best interests of the child, the chief executive must have regard to the principles in section 5 of the Care of Children Act 2004 to the extent that those principles are relevant.

11. The chief executive must—

12. consult the chief executive of the department responsible for administering the Oranga Tamariki Act 1989 before deciding whether to approve a child’s placement; and
13. seek the advice of a child development specialist before deciding whether to approve or end a child’s placement, unless it is clear from the circumstances that it is not necessary to seek that advice.

14. The chief executive may end the child’s placement if the chief executive considers that—

15. subsection (2)(b)(i) or (ii) is not being met; or
16. the mother’s responsibilities under the parenting agreement are not being met.

17. If the chief executive refuses approval for a child’s placement under subsection (1), or ends a placement under subsection (5), the chief executive must—

18. provide reasons for the decision; and
19. notify the prisoner in writing of the decision and the process for reconsideration of the decision.

20. In this section and sections 81AB to 81C, unless the context otherwise requires, child’s placement or placement means the placement of a child with his or her mother in prison in accordance with this section.