Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

129 Section 386A replaced (Advice and assistance for people moving from care to independence)

Replace section 386A with:

386A Advice 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:

(a)

a residential placement under section 234(c)(ii) or (iii), 235, 238(1)(d), 307(4), or 311 or in Police custody under section 236 or 238(1)(e):

(b)

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):

(c)

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:

(d)

under remand or a prison sentence in the adult justice system (before turning 18).

(2)

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,—

(a)

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

(b)

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

(c)

advise the young person of their entitlements under subsection (4) and section 386B.

(3)

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.

(4)

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.

(5)

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

(a)

have received any support under subsection (2)(b); or

(b)

are living with a caregiver under section 386AAD.

(6)

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.

(7)

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.

(8)

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.

386B Provision of advice and assistance by chief executive

(1)

Under section 386A, the chief executive, in accordance with regulations made under section 447(1)(cc) and (da),—

(a)

must provide, or arrange the provision of, support by way of advice and non-financial assistance that the chief executive considers the young person will need to achieve independence; and

(b)

may provide, or arrange the provision of, support by way of financial assistance that the chief executive considers the young person will need to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the young person.

(2)

Advice and assistance may include—

(a)

giving information:

(b)

assisting the young person to obtain accommodation, enrol in education or training, or obtain employment:

(c)

legal advice:

(d)

counselling:

(e)

contributing to the expenses incurred by the young person in living near the place where they are or will be—

(i)

employed or seeking employment; or

(ii)

receiving education or training:

(f)

making a grant to assist the young person to meet expenses connected with their education or training.

(3)

When deciding whether to provide financial assistance in any case, the chief executive must give particular consideration to whether the young person has high or complex needs.

(4)

Financial assistance must be paid directly to the young person unless the chief executive considers it appropriate to pay all or any of it to the young person’s caregiver or other person.

(5)

If the chief executive is providing financial assistance to a young person that includes making a contribution or grant for a course of education or training or any other financial assistance the young person needs in order to complete the course, the chief executive may—

(a)

continue to do so even if the young person reaches the age of 25 years before completing the course; and

(b)

disregard any interruption in the young person’s attendance at the course if they resume it as soon as practicable.