To: The Chief Executive of the Ministry of Social Development.
Under section 388A(2)(e) of the Children, Young Persons, and Their Families Act 1989, the Minister for Social Development gives the following direction.
1. Title—This direction is the Direction on Financial and Other Assistance to Permanent Caregivers.
2. Commencement—This direction comes into force on 1 July 2016.
3. Interpretation—In this direction, Act means the Children, Young Persons, and Their Families Act 1989, and terms defined in section 2 of the Act have the same meanings in this direction.
4. Application—This direction applies to the determination of whether to provide financial or other assistance under section 388A(2) of the Act to a permanent caregiver of a child or young person.
5. Need for assistance—(1) In determining whether there is a need for assistance that arises from the care and protection needs or the extraordinary health, education, or developmental needs of the child or young person, you should only consider a need that is clearly identified and arises from:
- care or protection needs that are attributable to:
- the circumstances that led to the child or young person being placed into care or custody under the Act; or
- the child’s or young person’s experience while in care or custody under the Act; or
- health, education, or developmental needs that are very unusual.
(2) Examples of care and protection needs are:
- the cumulative effect of abuse, neglect or other harm;
- behavioural difficulties.
6. Needs greater than is reasonable for caregiver to meet—In determining whether the child’s or young person’s care and protection needs or extraordinary health, education, or developmental needs are greater than it is reasonable to expect the permanent caregiver to meet, you must consider the following matters:
- The cost of meeting those needs;
- the financial circumstances of the caregiver;
- whether the impact of meeting those needs would, or would be likely to, cause financial or other hardship to the caregiver or the caregiver’s family;
- whether, and to what extent, support is available from the child’s or young person’s family group.
7. Needs cannot be met by other sources—In determining whether the child’s or young person’s care and protection needs or extraordinary health, education, or developmental needs cannot be met by existing sources of support under the Act or any other enactment, and are unlikely to be provided otherwise, you may (without limitation) consider the following examples of support:
- Support for health or disability needs or other special assistance under the Social Security Act 1964;
- support for educational needs under the Education Act 1989;
- support for health or disability needs under the New Zealand Public Health and Disability Act 2000.
8. Reasonable for chief executive to provide assistance—In determining whether it is reasonable in the circumstances for the chief executive to provide the assistance identified in accordance with clause 5, you must consider the following matters:
- The impact of not providing the assistance on the child’s or young person’s development and well-being;
- whether providing the assistance is consistent compared with financial and other assistance provided under section 388A(2) to other children and young people in similar circumstances;
- whether, within a defined period, the assistance would achieve a defined outcome for the child or young person in relation to the need;
- whether the assistance would meet the need adequately;
- evidence about what assistance is effective.
Dated at Wellington this 4th day of July 2016.
Hon ANNE TOLLEY, Minister for Social Development.
This note is not part of the direction but is intended to indicate its general effect.
This direction by the Minister for Social Development, which comes into force on 1 July 2016, identifies relevant considerations for determining whether financial or other assistance under section 388A(2) of the Children, Young Persons, and Their Families Act 1989 must be provided to a permanent caregiver of a child or young person.