Equity for Non-Statutory Whānau Caregivers

In 2019, the placement of a tamaiti Māori into the custody of the State caused significant public and professional outcry in Aotearoa, New Zealand. This incident led to policy changes within Oranga Tamariki – Ministry for Children, the country's statutory child protection agency that increased managerial oversight of uplifts of children into State care. One of the unforeseen impacts of these policy changes was a shift in social work practice to securing the care and protection of vulnerable children with their extended whānau, outside of any ongoing support from the State. While these changes aimed to reduce the number of tamariki Māori in state care, they have created a growing cohort of whānau caregivers, I have named Non-Statutory Whānau Caregivers, who lack information, support, and are not entitled to financial assistance from Oranga Tamariki.

For Statutory Whānau Caregivers, who have permanent day-to-day care of tamariki who were previously subject to an extended care agreement, guardianship or custody order under the Oranga Tamariki Act, entitlement to ongoing financial and other assistance from the State is guaranteed in the Oranga Tamariki Act 1989. The introduction of section 388A(2) in 2016 mandated ongoing support for these caregivers until the tamariki reach 18 years old. Oranga Tamariki fund the Permanent Caregiver Support Service (PCSS) to deliver this support. Non-Statutory Whānau caregivers are not entitled to support under the Oranga Tamariki Act, 1989 or from the PCSS. These caregivers have tamariki who have been the subject of a Report of Concern and have often experienced significant trauma, however, because the tamariki have never been in State care, their Non-Statutory Whānau Caregivers are not entitled to the same assistance as Statutory Whānau Caregivers.

The impact of this lack of entitlement for Non-Statutory Whānau Caregivers has been significant. Many caregivers feel unsupported and abandoned by the State, while also grappling with the complex behavioural, emotional, and psychological needs of the tamariki in their care. Non-Statutory Whānau Caregivers often have to navigate the complex Family Court system on their own, meet the cost of legal fees, and negotiate contact visits with the children’s parents and extended whānau. While they are entitled to the Unsupported Child’s Benefit, this funding only represents a fraction of what Statutory Whānau Caregivers are entitled to.

To address these issues, my social change project focuses on improving access to support and information for Non-Statutory Whānau Caregivers. I believe that Non-Statutory Whānau caregivers would be better prepared to provide ongoing care for vulnerable tamaiti with the assistance of a support service to help them navigate and negotiate their entitlements from Oranga Tamariki and Work and Income and understand their legal rights and responsibilities as long-term permanent caregivers. This support service could also link them with appropriate services in their community to help address any needs the tamaiti has as a result of their trauma and journey into their care. A support service could ensure that the decisions that the State is making are in the best interests of the tamaiti as a part of a caregiving whānau.