CYP'S Act and CPP Flashcards

1
Q

Section 214 CYPF Act 1989

A

WEEP

Only arrest juvie if

preventing interference with Witnesses
Ensure appearance at court
prevent loss or destruction of Evidence
Prevent further offending

Does not apply for 14 year and above offences

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2
Q

214 (3) CYP Act 1989 - Notification to Commissioner

A

Must within 3 days days furnish written report to commissioner

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3
Q

Section 215 CYPF Act 1989

A

When a CYP must be given rights
SADBADD

Where there are reasonable grounds to SUSPECT CYP committed offence

On ARRESTING CYP

DURING question, officer forms RGTS cyp has committed an offence

BEFORE questioning CYP to obtain admission

When a CYP ASKS about their rights - only rights inquired about need to be explained

DURING questioning officer DECIDES to charge CYP

1 hour timeframe

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4
Q

Sec 218 CYP Act 1989

A

Rights and information to be explained to them in a manner and in a language that is appropriate to their age and level of understanding.

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5
Q

Sec 222 CYP Act 1989

A

Persons who may be nominated:

a) A parent or guardian of the child or young person
b) An adult member of the family, whanau, or family group of the child or young person;
c) Any other adult selected by the child or young person
d) if the child or young person refuses or fails to nominate any person, an enforcement officer can nominate a person

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6
Q

Sec 222 (2)

A

An enforcement officer believes on reasonable grounds that any person nominated by a child or young person if:

a) would attempt or likely to attempt to pervert course of justice
b) cannot with reasonable diligence be located, or will not be available within a period of time.

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7
Q

Child protection investigation policy and procedures apply to what cases?

A

Where the victim is under 18 years of age at the time of making of the complaint.

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8
Q

Criteria for CPP

A
  • Sexual abuse
  • Physical abuse
  • Neglect
  • Serious family violence where child is a witness
  • All allegations of child abuse against CYF caregivers
  • All allegations of serious child abuse agains CYF or Police
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9
Q

Three areas in determining whether physical abuse meets the threshold for CPP…

A

1) The action of the abuse
2) The injury inflicted (outcome or result)
3) The circumstances (factors in the case)

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10
Q

Action of the abuse examples.

Injury examples.

A
Blow or kick to the head
Shaking an infant
Strangulation
Using an object
Attempted drowning
Bone fracture
Burn
Concussion or loss of consciousness 
Any injury requiring medical attention
Any bruising (infant)
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11
Q

Define neglect

A

Intentionally ill-treats or neglects a child or wilfully causes or permits the child to be ill-treated in a manner likely to cause child actual bodily harm, injury to health or any mental disorder or disability. Eg fail to provide necessities of life

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12
Q

Witness to serious family violence

A

When a child witnesses violence resulting in or having the potential to result in death or significant injury to a family or household member

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13
Q

3 Initial steps police and CYF’S must follow are:

A

1) Referral - information shared between agencies
2) Consultation - discussion at appropriate levels
3) Agreement - agree upon initial action and IJIP

IJIP must include: who will do tasks, what will they do, when they will do it

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14
Q

Initial Joint Investigation Plan outlines:

A

Who will do tasks, what they will do, when they will do it

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15
Q

Topics to consider when completing IJIP

A

Safety of child and other children
Are joint visits required
Referral to medical practitioner and authority to do so
Management of the initial interview of the child
Collection of physical evidence
Any further actions agreed for Police or Oranga Tamariki

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16
Q

What are the 3 CPP case categories?

A

1) CRITICAL - 24hrs - no safety or care identified, requires immediate involvement to establish safety.
2) VERY Urgent - 48hrs - at risk of serious harm but some protective factors present for the next 48hrs.
3) Urgent - 7 days - at risk of harm or neglect but protected in the short term.

Critical and Very Urgent require referral, consult, agree and IJIP within 24hrs.

17
Q

Questioning a child

A

If the child has made a clear disclosure to an adult and that adult can tell you what happened, do not ask the child any Q’s

If unclear what child said but no safety issues, do not ask child any Q’s.

If absolutely necessary to ask Q, only ask open ended Q’s.

Do not continue Q if it becomes clear an offence has been committed.