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A Foster Carer’s Roles and Responsibilities in Court Julia Breuer & Cushla Jamieson 2012

A Foster Carer’s Roles and Responsibilities in Court Julia Breuer & Cushla Jamieson 2012 . The Family Court Process. In CYF proceedings, CYF files an application under the CYPF Act 1989. The parents have the right to a lawyer and a lawyer is appointed for the child.

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A Foster Carer’s Roles and Responsibilities in Court Julia Breuer & Cushla Jamieson 2012

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  1. A Foster Carer’s Roles and Responsibilities in Court Julia Breuer & Cushla Jamieson 2012

  2. The Family Court Process In CYF proceedings, CYF files an application under the CYPF Act 1989. The parents have the right to a lawyer and a lawyer is appointed for the child. If the parents defend the CYF applications, the matter may proceed to a hearing. Parents can apply to have CYF orders discharged at any time.

  3. The Key Players 1. Family Court Judge 2. Lawyer for CYF – Applicant • Social Worker 3. Lawyer for Parents - Respondents • Parents 4. Lawyer for Child/Counsel to Assist • Child 5. Other witnesses i.e. – caregivers

  4. What orders does CYF seek? • Section 67 Declaration (section 14 grounds) • Section 101 Custody Order • Section 102 Interim Custody Order • Section 91 Support Order • Section 86 Services Order • Section 110 Additional Guardianship Order • Section 87 Restraining Order

  5. Being a CYF Witness Preparing an affidavit = this is a sworn legal document entered into the Court as evidence • If you swear/affirm an affidavit, you may be required as a witness • This entails giving oral evidence at a hearing and being cross-examined! • This helps the Judge make a decision

  6. Who represents me? If you are giving evidence as a witness for CYF, the CYF solicitor will brief you If you have filed applications in the Court, you will have your own lawyer If there is an application for an order in your favour under CYPF Act, the CYF solicitor will act for you but you can seek independent legal advice

  7. When can I be present in Court? 1. Section 135: Review of Plan • Social workers must file review documents for children: Every 6 months - for children younger than 7 years Every 12 months – for children 7 years and older The purpose is to review the order in place for a child and report on progress towards the goal

  8. Goals of Implementation Plans The goals are: • Return home • Permanency with family • Permanency with non-family • Independence Over the last few years there has been an emphasis on ensuring that children have a permanent care option. This relates to psychological attachment.

  9. What is the goal of CYF? • The first option is to return a child home and apply to the Family Court to discharge the orders. • If this is not an option permanent care with family or alternatively non-family will be pursued • The caregivers will be encouraged to secure legal permanency of children in their care • This results in better outcomes for children as they belong to a ‘family’ and are not a ‘CYF kid’ • This is by way of orders under the: • Care of Children Act 2004 • Adoption Act 1955

  10. When can I be present in Court? The Review of Plan and Implementation plan must include: • Services and assistance provided to caregiver • Specify persons/organisations who will provide assistance • Responsibilities of caregiver • Personal objectives of child/young person and parents/guardians/caregivers Social workers should convene review meetings and caregivers should be invited and issues raised

  11. When can I be present in Court? 2. Applications under CYPF Act 1989 • Appointed as additional guardian of a child or young person - section 110 • A custody order is granted in your favour – section 101 • An order is made to support children in your permanent care – section 86 or section 91 orders All these orders are subject to review

  12. When can I be present in Court? 3. Applications under the Care of Children Act 2004 • Parenting order • Appointment as additional guardian • Parenting order as to contact If these orders are granted in your favour, CYF will fund your reasonable legal costs if your application is supported by CYF

  13. When can I be present in Court? What if CYF does not support my applications? • Seek independent legal advice • Request reasons in writing why the social worker does not support your application • CYF cannot stop you from applying to the Court, but may defend your applications

  14. Care and Protection Process 4. Applications under the Adoption Act 1955 • The birth parents must consent • CYF will rarely support applications under the Adoption Act for children in CYF care • This is due to the belief that children have better life outcomes if they retain some connection with their biological family Whanau identity vs. Attachment

  15. Questions?

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