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Define ‘Child’
A person under the age of 14 years
Define ‘Young person’
A person of or over the age of 14 years, but under 18 years
Paramount principle when dealing with children/young people?
The well-being and best interests of the child or young person are the first and paramount consideration
What is the agency in which police work with to investigate any alleged child abuse?
In cooperation with the Oranga Tamariki, Ministry of Children
Section 48: Oranga Tamariki Act 1989
Child or young person is FOUND UNACCOMPANIED..
- By parent/guardian/other person who usually cares for them
In a situation in which their..
Physical/mental health is being, or likely to be impaired
A constable may use such force as reasonably necessary TAKE the child/young person
With their consent DELIVER them into the custody of parent/guardian/other person who usually cares for them
If no consent given or caregivers unwilling to take them PLACE the child/young person in the custody of Orangi Tamariki.
Section 42: Oranga Tamariki Act
Any constable who believes on reasonable grounds that it is CRITICALLY NECESSARY to protect a child/young person from injury/death
May without warrant ENTER & SEARCH
- dwelling/house/building/ship/vehicle/premises or place
And REMOVE or DETAIN the child or young person
And PLACE the child in the custody of OT.
Obligations of Section 42
Police must, on first entering..
- Produce evidence of identity
- State they are using Section 42 of the Oranga Tamariki Act 1989
- Within 3 days, inform Commissioner of the use of this power
Reporting Requirements: Section 42
Whenever a child is taken into custody, under section 39 or 42 and the child is released without a court hearing, a report must be given to the Commissioner of Children
Report is usually completed by Oranga Tamariki, Ministry for Children as soon as Child/Young Person is released and includes..
- Reasons for taking action
- Evidence on which reasons were based
- Solution reached
Section 10B: Summary Offences Act
Being a parent/guardian or a person in care of the child..
Leaves that child
Without making reasonable provision for the supervision and care of the child
For a time or under conditions that are unreasonable having regard to all circumstances
Section 39
Place of safety warrant
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