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Practice Note - Joint Protocol between the Ministry of Justice and the Department of Child, Youth and Family Services
As from 1 July 2000 the Family Court will adopt the joint Protocol between the Department for Courts1 and the Department of Child, Youth and Family Services for referrals to Child, Youth and Family. The Protocol details the service requirements to ensure that there is an effective child protection network for vulnerable and at risk children, young people and families. The Protocol specifies the three tracks for referral under ss 15 and 19(1)(b) of the Children, Young Persons, and Their Families Act 1989 and for reports under s 29 of the Guardianship Act 1968. The fourth track details the reciprocal arrangements for the lawful exchange of information between the two Departments and between the Court and Child, Youth and Family.
Signed.
PD Mahony
PRINCIPAL FAMILY COURT JUDGE
30 June 2000
1 Note as from 1 October 2003 the Department for Courts became part of the Ministry of Justice
Joint Protocol
Ministry of Justice and Department of Child, Youth and Family Services
Table of Contents
Referral by the Family Court to Child, Youth and Family
Track 1 S15 CYP&F Act 1989 Reporting of Ill-treatment or Neglect of Child or Young Person
Track 3 S29 Guardianship Act 1968 Reports from Chief Executive
Track 4 Request for Information
Appendix A: Referrals from Courts for Services from Child, Youth and Family
Appendix B: Summary of Search Rules
Appendix E: S14 Definition of Child or Young Person in Need of Care or Protection
Referral by the Family Court to Child, Youth and Family
Introduction
This protocol details the service requirements to ensure that there is an effective and efficient child protection network for vulnerable and at risk children, young people and families.
This protocol specifies three tracks for referral by the Family Court to Child, Youth and Family. The fourth track details the reciprocal arrangements for the lawful exchange of information between the Ministry of Justice and Child Youth and Family and between the Court and Child, Youth and Family.
The tracks are:
- S15 CYP&F Act 1989 reporting of ill treatment or neglect of child or young person.
- S19 (1)(b) CYP&F Act 1989 referrals of care or protection cases to the Care and Protection Co-ordinator.
- S29 Guardianship Act 1968 reports from Director General for social work report.
- Requests for information.
Liaison
The Ministry of Justice liaison person in each location will be the Family Court Co-ordinator. Each Child, Youth and Family site will identify a Court liaison person.
The liaison role will be to jointly monitor timeliness, quality of referrals and reports, and to facilitate regular meetings, including the judiciary and other relevant parties, to ensure that the protocol is working effectively in each area.
The liaison contacts at each National Office will be as advised .
Process for Referral
The Family Court has a number of legislative options for requesting either information to assist the Court or requiring care and protection action by Child, Youth and Family.
Child, Youth and Family may approach the Court to review the track option chosen by the Court or the time frames, if either appears to be inappropriate.
The Court will make referrals to Child, Youth and Family on the appropriate form:
- Form 001, Track 1 S15 Referral to Child, Youth and Family.
- Form 002, Track 2 S19 Referral to Care and Protection Coordinator.
- Form 003, Track 3 S29 Referral for Social Work Report.
See: Appendix A: Table for a summary of the referral tracks.
Appendix D: For sample referral forms.
Appendix E: For S14 Definition of Child or Young Person in Need of Care or Protection.
S15 CYP&F Act 1989 Reporting of Ill-treatment or Neglect of Child or Young Person
Referrals
If the Court in any proceedings before it believes that any child or young person may have been, has been, or is likely to be, harmed (whether physically, emotionally or sexually), ill treated, abused, neglected or deprived, a S15 referral may be made to Child, Youth and Family by the Court for an investigation under S17.
This referral will be made to the National Call Centre or Duty Social Worker not the Care and Protection Co-ordinator.
The referral will be made on Form 001, and on judicial direction will include copies of relevant affidavits, orders and reports.
Any request by a third party to Child, Youth and Family for the information provided by the Court should be referred to the Court.
If a critical or very urgent risk is suspected, the notification should be immediately phoned to the National Call Centre or Duty Social Worker and the forms faxed.
Child , Youth and Family Action
Response times
- On receipt of the notification, the receiving Child, Youth and Family site will advise the Court preferably within one working day or as soon as possible:
- the date the notification was received;
- the response time assigned to it (see 2 below);
- if there is a current investigation and;
- the allocated social worker (where possible).
(See S15 response form 001: initial report)
- Child, Youth and Family will prioritise cases according to the time within which an
investigation will commence.
Initial response requirements are:
- critical (same day);
- very urgent, (same day plus 1);
- urgent, (within 7 days);
- low urgency, (within 28 days) or
- no further action.
3. When the investigation into the S15 notification is completed Child, Youth and Family will provide the Court with a brief written report, as soon as is practicable, conveying the outcome of the investigation and any further actions planned. (S17(3))
If the Court requires substantive details regarding the outcome of the case the Court will request a S29 report to provide such details.
(See S15 response form 001:outcome of investigation)
Response times
1. Acknowledgement of receipt of notification and initial response time; 1 working day.
2. Report on outcome of investigation; as soon as is practicable.
Information sharing with S15 notifications
Communication and relationship building between Child Youth and Family and the Ministry of Justice is seen as the key to ensuring that S15 notifications are effectively managed. Child, Youth and Family and Courts staff are encouraged to keep in touch about the progress of the case.
Until a case has been allocated the liaison person will ensure that the Court is kept informed of the progress in allocating the case and the expected final response time from Child, Youth and Family to Courts.
The allocated social worker in Child, Youth and Family and the Family Court Coordinator in the court should ensure that the Ministry and Child Youth and Family is kept fully informed, as soon as possible, of any changes in the child's circumstances or significant events - such as care arrangements, related orders, Family/Whanau meetings or Family Group Conferences.
S19 (1)(b) CYP&F Act 1989 Referrals of Care or Protection Cases to the Care and Protection Co-ordinator by Court
Referrals
Where in any proceedings the Court believes that any child or young person is in need of care or protection on one or more of the grounds specified in section 14(1) of the Act, the Court may refer the matter to a Care and Protection Co-ordinator under S19(1)(b) of the CYP&F Act.
The referral will be made on Form 002, and upon judicial direction will include copies of all relevant affidavits, orders and reports.
Any request by a third party to Child, Youth and Family for the information provided by the Court should be referred to the Court.
Child, Youth and Family Action
The Child, Youth and Family C&P Co-ordinator will provide a report to the Court to indicate intended action within 7 days.
(See Section 19 Form 002: initial report to be completed.)
1. When the referral has been accepted and an FGC is to be convened, an invitation will be extended to Counsel for the Child or, in the case of an application under the Domestic Violence Act, Counsel to Assist the Court, to attend the FGC, pursuant to S22(1)(h) of the Act.
2. The Co-ordinator will advise the Court if a social work report has been requested and the expected time frame for the completion of that report.
3. The Care and Protection Co-ordinator must report to the Court within 28 days (S19 (4)(a) or (b) CYP&F Act).
4. The final written report will meet the time frames established by/or negotiated subsequently with the Court.
5. Where an FGC has been held a copy of the FGC recommendations, decisions and plans will be provided to the Court.
Response times
1) Receipt of referral: report to Court on intended action within 7 working days.
2) Statutory requirement for report to Court is 28 days, (s19(4) (a) or (b)).
3) Final report to Court by agreed date.
S29 Guardianship Act 1968 Reports from Chief Executive
Referrals
Requests for reports under S29 of the Guardianship Act are specific to custody and access issues and are confined to the parties to those proceedings.
S29 requests will not be used to activate general care or protection investigations in place of S15 or S19(1)(b) CYP&F Act, or to investigate placement options for a child other than with the parties to the proceedings.
The referrals will be made on form 003, and upon judicial direction will include copies of relevant affidavits, orders and reports.
Any request by a third party to Child, Youth and Family for the information provided by the Court should be referred to the Court.
Referrals will be forwarded to the Duty Social Worker, or designated person at the relevant site.
S29 Reports
The following table identifies two types of S29 reports:
Report
| Report | Information included |
| Limited report | A report with a specific brief from the Court as to the issues to be reported on,
e.g.:
Where such a brief is given a short and focussed report will be expected back rather than a lengthy assessment. Whatever the brief the report should always include additional information which may be relevant to the proceedings, e.g.: an acknowledgement that there is a current investigation being undertaken, the parties are known to Child, Youth and Family etc. |
| General report | A general S29 report will include:
The report must also address any specific issues identified by the Court. |
Note
- If a social worker forms a suspicion in preparing a report that there are care or protection issues, they must take the appropriate action under S15 and advise the Court as soon as possible.
- S29 reports remain the property of the Court and cannot be provided to third parties. Any request for access to the S29 report must be referred to the Court.
Response Time
The specific time for reporting back will either be established in the brief or negotiated and recorded subsequently.
A general report would be expected to take 6 weeks to prepare but it is expected that a limited report would be able to be provided within a much shorter timeframe.
(See Track 4 for additional information.)
Request for Information
Introduction
These are the processes that will establish the arrangements for the lawful provision of information between the Ministry of Justice, the Court and Child, Youth and Family. Child, Youth and Family may also use this track to get information from the Court as part of a care or protection investigation.
Child, Youth and Family will provide the Court with information under S29 of the Guardianship Act.
The Ministry of Justice will provide information to Child, Youth and Family in accordance with any requests under S66 of the CYP&F Act1989.
Court records can be accessed by Child, Youth and Family in accordance with the relevant Search Rules. (See Appendix B)
Making requests
The following details the procedures for accessing information from:
- Child, Youth and Family to the Court.
- The Ministry of Justice to Child, Youth and Family.
3. The Court to Child, Youth and Family.
1. Information provided by Child, Youth and Family to the Court by S29 report.
The Court may request a S29 report from Child, Youth and Family specifically to determine whether Child, Youth and Family has had:
1. Previous, or current involvement with the family named in the request and;
2. whether there are any current orders.
It is not expected that this report will provide the substantive details of Child, Youth and Family's involvement. If this information is later required by the Court an additional report may be requested.
Response time
A specific and limited report could be provided in one working day.
(See S29 form 003:CYF Response)
The time frame for a more detailed report will either be established in the brief or negotiated and recorded subsequently.
Request for Information continued:
2. Information provided by the Ministry of Justice to Child, Youth and Family under S66 CYP&F Act.
Access to Departmental information.
Child, Youth and Family can request information held by the Ministry of Justice , not the Court, pursuant to its specific statutory powers, under S66 CYP&F Act.
The Ministry of Justice will provide Child, Youth and Family with information held by the Ministry, not the Court, in accordance with S66 of the CYP&F Act. Ministry information would include information held on the Family Court database (CMS) or the equivalent manual registers. This could include information about current proceedings, orders etc, but not substantive details.
3. Information provided by the Court to Child, Youth and Family : Search Rules.
Access to Court files
Child, Youth and Family may request the Registrar for access to the Court files in accordance with the appropriate search rules.
- Rule 427 of The Family Courts Rules 2002 governs access to information concerning Family Court proceedings where a proper interest has been established in the proceedings.
(See Appendix B for details of search rules for all jurisdictions.)
Response time
Information from local Ministry of Justice records could be provided within 1 working day.
Time frames for access to Court files will be negotiated with the Court by Child, Youth and Family.
Appendix A: Referrals from Courts for Services from Child, Youth and Family
The following table summarises the legislative criteria for each referral track, including its purpose, the action required by Child, Youth and Family, and possible outcomes.
| Track | Criteria | Purpose | Action by CY&F | Outcome |
| S15 CYP&F Act | Belief that a care or protection issue may exist (s14 grounds). | Statutory Child, Youth and Family investigation to determine care or protection issues. |
|
|
| S19(1)(b) CYP&F Act | Belief (s14 ground) formed by Court (inc. Counsel) that a care or protection issue
exists. Note: All information relevant to this belief needs to be supplied as per the protocol to reduce the necessity for a Child, Youth and Family investigation. |
Care and Protection Co-ordinator (CPC) to consider and if appropriate, holds family group conference (FGC) to resolve care or protection issues, or to suggest alternative action. |
|
|
| Track | Criteria | Purpose | Action by CY&F | Outcome |
| S29 Guardianship Act | Caregiver dispute (proceedings on guardianship / custody / access) Court requires information as specified, or a general report. The report must include any prior or current Child, Youth and Family involvement with family. | Advice as to applicant / respondent parties' ability to provide care. Note: |
|
|
| Information Request | Court requires information as specified under a S29 request.
Child, Youth and Family may seek information from Department (S66 CYP&F Act), and/ or require access to Court records as specified under the search rules. |
The Court has information relevant to any proceedings to ensure the care or protection
needs of a child / young person are met.
Child, Youth and Family has information relevant to a current investigation. |
|
Appendix B: Summary of Search Rules
Requests for access to Court records.
Child, Youth and Family may request access to court files in accordance with the appropriate search rules.
Family Proceedings.
i. Rule 69 of the District Court Rules generally governs access to information concerning family related proceedings in the District Court that have been determined and where a genuine or proper interest has been established.
ii. Rule 66 of the High Court Rules generally governs access to information concerning family related proceedings in the High Court and Court of Appeal that have been determined and where a genuine or proper interest has been established.
iii. Rule 427 of the Family Courts Rules governs access to information concerning proceedings in the Family Court where a proper interest has been established.
Criminal Proceedings
i) Section 71 of the Summary Proceedings Act permits a certified copy of convictions to be provided to any person with a genuine or proper interest in respect of summary criminal proceedings in the District Court.
ii) The Criminal Proceedings (Search of Court Records) Rules govern access to files, by application to a Judge, in respect of criminal proceedings in the High Court and Court of Appeal and in respect of Jury trials in the District Court.
iii) Rule 9 of the Children Young Persons and Their Families Act 1989 Rules governs access to criminal proceedings in the Youth Court where a proper interest has been established.
Memorandum of Understanding
Department for Courts and Department of Child, Youth and Family Services
1 July 2000
Memorandum of Understanding
Background
This protocol was piloted at four courts and the courts' associated five Child, Youth and Family sites. An evaluation of the pilot found that:
- There was no demonstrated capacity by pilot sites for the Family Court to reduce professional service costs as a result of the pilot.
- Child, Youth and Family funding levels were sufficient to meet the demand for S29 court reports, except in Christchurch where the Court did fund additional reports.
- In sites where there was a dedicated resource, either a staff member or a contracted worker, employed to complete S29 reports, the Court was generally satisfied with the quality of the reports.
- The protocol resulted in improved relationships between the Courts and Child, Youth and Family sites and greater effectiveness in service delivery in three of the four areas involved in the pilot.
Outcomes and objectives of the joint protocol
The intended outcome of this protocol is to provide an improved model for the delivery of the reporting services Family Courts need from Child, Youth and Family so that complete and accurate information is available to Judges when making decisions which involve the welfare and safety of children.
All Family Courts and Child, Youth and Family sites will implement the protocol from 01 July 2000.
Approach and plan
The implementation plan will progressively roll out the protocol to provide consistent delivery of Child, Youth and Family services to Family Courts.
The implementation plan is scheduled to meet the following milestones:
| Milestone | Date |
| Protocol agreed | 1 March 2000 |
| Locations and timetable agreed | 20 March 2000 |
| Managers' sign off timetable for briefings | 20 March 2000 |
| Training for implementation starts | 22 March 2000 |
| Memorandum of Understanding signed | 26 June 2000 |
| Implementation of protocol | 1 July 2000 |
| Interim Report on implementation to Group Managers in both Departments | 30 July 2000 |
| Annual Report on implementation to Group Managers in both Departments | 30 July 2001 |
Implementation management
Sponsors
The implementation is jointly sponsored by the representatives of the Chief Executives of
the Department for Courts and the Department of Child, Youth and Family Services.
Project Co-ordinators
Carmel McKee, Advisory Officer, Child, Youth and Family, and Judy Moore, Family Account
Manager, Department for Courts have been appointed by each department to implement the
protocol nationally.
The Project Co-ordinators will be responsible for setting the implementation plan up and co-ordination of its operation within their respective agencies.
They will share tasks and undertake responsibilities in their area of expertise. This will include training for staff in both departments and for any new data capture required to meet operational requirements.
They will also act as advisors to front-line staff in the operation of the protocol.
Judy Moore will be responsible for liaison with the judiciary.
Benefits and risk management
The benefits of implementing this protocol are expected to be:
- improvements to the quality, timeliness and quantity of reports available to Family Courts from Child, Youth and Family,
- improvements to the specificity and quality of referrals received from Family Courts to Child, Youth and Family,
- improved communication between Courts and Child, Youth and Family.
The risks are that:
- there will be no perceived improvement in the timeliness and quality of reports provided by Child, Youth and Family,
- work volumes for both Departments will grow beyond current funding and service capacity,
- inappropriate referrals will be made by Department for Courts.
1 Purpose of Agreement
The Chief Executive, Department for Courts and the Chief Executive , Department of Child, Youth and Family Services have agreed to enter into a memorandum of understanding in relation to the services which Child, Youth and Family provides to the Family Court.
2 Memorandum of Understanding
Signatories to the Memorandum of Understanding - Operational Managers in each agency, namely Fiona Saunders-Francis, Manager Operational Policy, Department for Courts and Ken Rand, General Manager Service Delivery, Child, Youth and Family.
Period covered by the Memorandum of Understanding - The memorandum will come into force on 1 July 2000 and continue at the discretion of the Operational Managers.
Dispute resolution - The departments agree that any disputes between them, which cannot be resolved, will be taken to the relevant Operational Managers in the first instance and then to Chief Executives.
Request for reports from Child, Youth and Family - All judicial requests for S29 reports under the Guardianship Act 1968, notifications under S15 or referrals under S19 Children, Young Persons & Their Families Act 1989 will be forwarded to the local Child, Youth and Family Duty Social Worker, or the National Call Centre on the forms attached as Appendix D
3 Funding for Services
Funding - Referrals from the Courts under S15 and S19 Children Young Persons and Family Act 1989 and S29 Guardianship Act 1968 are included in the service level agreement and will all be funded from Vote: Child, Youth and Family
Signed on behalf of the Department for Courts by
Fiona Saunders-Francis, Manager Operational Policy
__________________________________
Acting under delegation pursuant to the State Sector Act 1988
Signed on behalf of the Department of Child, Youth and Family Services by
Ken Rand, Group Manager Service Delivery
___________________________________
Acting under delegation pursuant to the State Sector Act 1988
Date:
Appendix D: Family Court Referral Forms for Services from Child, Youth and Family.
Table of Forms
Court/CYF 001 Track 1 S15 CYP&F Act 1989
Court Referral to Child, Youth and Family
Child, Youth and Family interim and final report forms
Court/CYF 002 Track 2 S19(1)(b) CYP&F Act 1989
Court Referral to Care and Protection Coordinator
Care and Protection Coordinator interim report form
Court/CYF 003 Track 3 S29 Guardianship Act 1968
Referral for Social Work Report
Child, Youth and Family report for S29 Information request
S14(1) Definition of Child or Young Person in Need of Care or Protection. Children Young Persons and Their Families Act 1989
1. A child or young person is in need of care or protection within the meaning of this Part of this Act if-
a. The child or young person is being, or is likely to be, harmed (whether physically or emotionally or sexually), ill-treated, abused, or seriously deprived; or
b. The child's or young person's development or physical or mental or emotional wellbeing is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, serious and avoidable; or
c. Serious differences exist between the child or young person and the parents or guardians or the other persons having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or
d. The child or young person has behaved, or is behaving, in a manner that-
i. Is, or is likely to be, harmful to the physical or mental or emotional wellbeing of the child or young person or to others; and
ii. The child's or young person's parents or guardians, or the persons having the care of the child or young person are unable or unwilling to control; or
e. In the case of a child of or over the age of 10 years and under 14 years, the child has committed and offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; or
f. The parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or
g. The parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or
h. Serious differences exist between a parent, guardian, or other person having the care of the child or young person and any other parent, guardian, or other person having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or
i. The ability of the child or young person to form a significant psychological attachment to the person or persons having the care of the child or young person is being, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person specified in subsection (2) of this section) for the purposes of maintaining the child or young person apart from the child's or young person's parents or guardians