Inquiry into the care and rehabilitation of youth sex offenders

Transcription

1 Inquiry into the care and rehabilitation of youth sex offenders Report of the Social Services Committee Forty-eighth Parliament (Russell Fairbrother, Chairperson) September 2008 Presented to the House of Representatives

2 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS Contents Summary of recommendations 5 1 Introduction 7 Overview of services and the youth justice system 7 Youth sex offending in New Zealand 8 Children, Young Persons, and their Families Amendment Bill (No 6) 9 2 Placement, supervision, and custody 10 Specialist group homes 10 Specialist one-on-one placements 10 Child, Youth and Family residences 10 Committee view 11 3 Support arrangements and rehabilitation programmes 13 Te Poutama Arahi Rangatahi 13 Community-based treatment programmes 14 Treating children and young people in Child, Youth and Family residences 15 Children, Young Persons, and their Families Amendment Bill (No 6): Provisions for court orders 15 Committee view 15 4 Reintegrating youth sex offenders into communities 18 Leaving a Child, Youth and Family Residence 18 Exiting Te Poutama Arahi Rangatahi 18 Transition from care to independence 19 Reintegrating youth sex offenders, and the Children, Young Persons and Their Families Amendment Bill (No 6) 19 Committee view 19 5 Support mechanisms for transition to adulthood 21 Committee view 21 6 Selection, approval, and monitoring of caregivers and providers 22 Programme and organisation standards 22 Training one-on-one caregivers 22 Committee view 23 7 Conclusion 25 2

3 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS I.12B Appendices A Committee procedure 26 B List of submitters 27 Table Violent sexual offending in year olds

4 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS 4

5 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS I.12B Inquiry into the care and rehabilitation of youth sex offenders Summary of recommendations The Social Services Committee recommends to the Government that it improve access to specialised one-on-one and group placements for young sex offenders. This would involve establishing a number of extra group homes across the country, and reviewing current systems for managing placements and the referral process more generally (page 12) establish a continuum of care to allow better planning of treatment and to cover the full range of treatment needs (page 12) undertake a thorough specialist assessment of each child or youth sex offender referred to Child, Youth and Family (page 17) review programmes regularly to ensure they are age-appropriate, easy to access, and include treatment specifically designed to reduce sexual offending (page 17) fund and expand early intervention services across the country (page 17) review Child, Youth and Family s data systems to ensure the recording of numbers of offenders and the type and seriousness of their offending (page 17) establish step-down facilities for youth sex offenders leaving residential care to help them to reintegrate into communities, and provide more socialisation options for young people in residential care (such as sports or cultural activities) (page 20) ensure that placements for youth sex offenders are confirmed well before they are due to be discharged, and are focused on the needs of the individual offender (page 20) provide for more family involvement in a young person s treatment (page 20) ensure, where possible, that youth sex-offending cases are assigned to social workers experienced in managing such offenders, and that they remain with a case wherever possible until it is closed (page 21) provide ongoing training, support, and formal supervision for caregivers and support workers, and consider establishing a credential system to ensure that service providers and their staff demonstrate the necessary skills and competencies to work with child or youth sex offenders (page 23) recruit, train, and support a pool of specialised caregivers for youth sex offenders (page 23) consider introducing a new model of foster care (page 24) 5

6 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS increase the monitoring of caregivers and the youths in their care, and improve the processes by which caregivers inform Child, Youth and Family or other pertinent agencies of concerns about the youth(s) in their care (page 24) 6

7 INTRODUCTION I.12B 1 Introduction Youth sex offenders occupy a small but problematic part of the justice system. In treating them, a delicate balance must be struck between guarding the safety of the public and providing effective care and rehabilitation services to the offender. Media and political interest in the placement of one particular youth sex offender in the community in 2007 sparked public concern about services for responding to youth sex offenders, and their predominantly community-based care. In response, we began an inquiry into the way these sex offenders are dealt with in the youth justice system, examining their care and rehabilitation needs, the services available to treat them, and whether the system could be improved. We also looked at the processes for reintegrating rehabilitated offenders into the community. We set the following terms of reference: the placement, supervision, and custody of youth sex offenders who are in the custody of Child, Youth and Family services the various support arrangements and programmes available for responding to and rehabilitating youth sex offenders the reintegration of youth sex offenders into communities the support mechanisms for youth sex offenders in transition into adulthood the processes for selecting, approving, and monitoring caregivers, providers, and other people involved in the management of youth sex offenders. We received 21 submissions from individuals, professional and other organisations, service providers, Crown entities, and Government departments, and we considered advice from the Ministry of Social Development. In the course of our inquiry we also visited Te Poutama Arahi Rangatahi, a secure residential facility in Christchurch for youth sex offenders, which is run by Barnardos. This report surveys the current care and rehabilitation services for youth sex offenders, and makes some recommendations for improving them. We also assess these services in the light of their effect upon the community. Overview of services and the youth justice system Services for caring for and rehabilitating youth sex offenders have changed in a number of ways in the past ten years. New Zealand s first service for treating youth sex offenders in the community began in Auckland in It was based on research and models developed in North America, which recommended a broad spectrum of services designed to ensure that each adolescent received the appropriate intervention. Before this, there were no specialised services at all for youth sex offenders anywhere in the country. By the early 1990s, there were community-based services for youth sex offenders in Auckland, Wellington, and Christchurch, and a few years later in smaller centres around the country. 7

8 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS New Zealand s services have continued to evolve. There is an acknowledgement that community-based treatment, rather than institutional or residential care, is preferable for most offenders and their families. Indeed, SAFE Network in Auckland, a communitybased treatment provider, asserts that more than 93 percent of those who complete their treatment programme are successfully rehabilitated. A residential treatment facility, Te Poutama Arahi Rangatahi, was opened in Christchurch in 1999 to treat high-risk offenders who cannot be cared for and rehabilitated in the community because of concerns about their own or the community s safety. Sex offenders aged between 14 and 16 years are dealt with principally by the Youth Court. A young person who is charged with a sexual offence that is a purely indictable offence, or who elects trial by jury, will have their preliminary hearing in the Youth Court. If there is sufficient evidence to put the young person on trial, or the young person indicates a desire to plead guilty at the preliminary hearing and the Youth Court does not offer him or her the option of remaining in the Youth Court, they will be transferred to the adult courts for trial and sentence. The Youth Court may make orders for the offender, once the offending is proved. These orders are normally a supervision order, a supervision with activity order, a supervision with residence order, or a conviction to be followed by transfer to the District Court for sentencing. Family group conferences will also be called regarding youth sex offending cases. It is the Police who decide whether Court proceedings are to be instituted. Child sex offenders between 10 and 13 years of age are dealt with by the Family Court as a care and protection issue, and offending must be proven to a criminal level. Programmes and therapy are arranged under support orders made by the Family Court, or as a result of a family group conference. Family group conferences include the child or young person, their family, the police, the victim of the offending, a Youth Justice co-ordinator, and the offender s lawyer if court proceedings have commenced. Unless the young person has been arrested for offending, the case must come before a family group conference before court proceedings are initiated. The family group conference may also deal with issues relating to the custody or detention of the young person pending disposition of proceedings. These conferences can respond only to offending to which the child or young person has admitted if the offending is denied, the case will go to the Court and the conference will reconvene if offending is proven. Plans developed at these conferences include atonement by the offender for the harm caused to victims. Family group conference plans and outcomes have to satisfy all involved in the conference, including the Police and the victim. Youth sex offending in New Zealand The incidence of problem sexual offending by young people and children in New Zealand is still not known with any certainty, and it is widely believed that such offending is underreported. We were informed that research is being done to establish the facts more accurately. 8

9 INTRODUCTION I.12B In the course of our inquiry the Ministry of Social Development provided us with information on the number of apprehensions for and proven cases (where a young person denies the charge and a hearing or trial is held) of violent sexual offending by young persons between 2001 and This information is meant to be an indicative sample rather than a statistical account of youth sexual offending. Table: Violent sexual offending in year olds (Source: Ministry of Social Development) Year Apprehensions Proven Cases International research has shown that certain characteristics are particularly prevalent among youth sex offenders. For example, there is evidence that many have previous convictions for non-sexual offences, such as assault or burglary; a history of being abused (sexually or physically); mental health issues such as substance abuse, attention deficit hyperactivity disorder, or post-traumatic stress disorder; and a history of family dysfunction. A study of New Zealand youth sex offending in 2000 found similar results for example, 95 percent of offenders reported that they had been sexually abused at some point in their lives before offending. Children, Young Persons, and Their Families Amendment Bill (No 6) The Children, Young Persons, and Their Families Amendment Bill (No 6) seeks to improve the responsiveness of the youth justice system. While the implications of this bill are discussed at intervals throughout this report, it should be noted that the bill s amendments, if passed into law, will have the following effects with regard to child and youth sexual offending: changing the definition of a young person to include 17-year-olds having all supervision orders run their full course, regardless of the age of the offender creating new extended supervision with activity and supervision with residence orders ensuring that any relevant health information about a young offender is given to their family group conference removing the need for a young person to consent to a supervision with activity order giving young people over the age of 15 who have been in care for more than three months more help in the transition to independent living, provided by the organisation that has custodial responsibility for them. The ministry s chief executive would be able to authorise the continuation of such assistance until their 25th birthday if necessary. 9

10 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS 2 Placement, supervision, and custody The Ministry of Social Development funds various kinds of placements for child and youth offenders. The options include specialist group homes, specialist individual placements, and Child, Youth and Family residences. Specialist group homes Specialist Child, Youth and Family group homes are run by non-governmental social service providers such as Barnardos. There are two of these homes in Auckland, each with five beds, one housing 11- to 13-year-olds and the other 14- to 16-year-olds. Wellington and Christchurch have one 5-bed home each, housing 12- to 16-year-olds. These group homes provide a family-like, structured living environment for offenders who cannot live with their own families but do not need to be in a secure facility. Each person admitted to a group home has an individual care plan developed in advance. The care plan sets out any conditions attached to the placement (such as the requirement that all offenders must receive treatment from one of the community-based treatment providers SAFE, WellStop, or STOP while resident in the home). Each home sets strict rules for its residents, including a curfew. We were told that most young people in these homes are motivated to succeed in their treatment, and they usually present few behavioural management problems. Specialist one-on-one placements One-on-one caregiver placements provide young offenders with care in a family-like environment, together with extensive support services to address the individual needs of each young offender. While the young person is in care, they take part in programmes to address the issues that led to their offending. One-on-one placements can last up to a year. At present five providers specialise in one-on-one care placements, offering a total of 34 placements in New Zealand for young people with conduct disorders or a history of sexually abusing others. High-risk offenders are not usually placed with individual caregivers, except where the caregivers specialise in dealing with such offenders. Instead, most high-risk offenders are placed in longer-term care once the risk has been curbed by treatment. Child, Youth and Family residences Youth justice residences are secure facilities with 24-hour supervision of residents. For a young person to be admitted to one of these residences, there must be no practical alternative available for them, or it must be recognised that to do otherwise would present a threat to their own safety or that of the community. 10

11 PLACEMENT, SUPERVISION, AND CUSTODY I.12B Committee view We heard a number of submissions on the placement, supervision, and custody of youth sex offenders in Child, Youth and Family custody. Many submitters believed that placement options and supervision of youth sex offenders are inadequate. Some service providers submitted that there is a lack of appropriate residential facilities, sometimes leading to problems such as inadequate training and supervision of carers, stressful environments for caregivers, and difficulty managing the reintegration of the offender into the community. They also believe that a lack of access to specialised placements for offenders has become a considerable issue, and noted that they would like to see a continuum of care established, with a range of residential options as well as appropriate therapy and rehabilitation opportunities. Other submitters argued that all youth sex offenders should be housed away from the community in secure facilities, and be subject to stringent supervision and curfew orders to protect victims and the community from any possible re-offending. We consider that many of the points raised by the submitters in relation to the placement, supervision, and custody of youth who have sexually offended are pertinent and need to be addressed. We believe that there are too few specialised group and one-on-one placements. This is due partly to a lack of people specifically trained to care for children and young people who have sexually offended, and partly to a reluctance on the part of caregivers to take on sex offenders. These challenges make it difficult to increase the placement options for child and youth sex offenders in the care of Child, Youth and Family. Providers contracted to provide treatment programmes for Child, Youth and Family report that their average waiting list is four to six weeks. We were informed that treatment delays are usually due to delays in getting approval for funding or vacancies with agency therapists. We were assured that no diagnosed child or youth sex offender in the care of Child, Youth and Family who is referred for treatment misses out on the opportunity for that treatment. We believe a review of the systems for managing placements is needed, and recommend that this is done as soon as possible. We consider that improving the lines of communication between Child, Youth and Family, treatment providers, and other service providers would be a good first step in addressing this matter. We also recommend that more group homes be established around the country to cater for those currently facing problems with accessing treatment because they live too far away from a group home or treatment programme. In addition, we note a common theme in many submissions: the need to develop a continuum of care to take account of the differing needs of offenders, including those imprisoned for their offending. We believe that this would greatly benefit the sector and those receiving treatment. A continuum of care should include the following care options: managed care in the family or extended family home; foster placement; group homes; Child, Youth and Family residences; specialised residential care (such as Te Poutama Arahi Rangatahi); and treatment in prison. We note that at present there are no programmes to treat sex offenders under the age of 18 in prison. 11

12 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS Recommendations 1 We recommend to the Government that it improve access to specialised one-on-one and group placements for young sex offenders. This would involve establishing a number of extra group homes across the country, and reviewing current systems for managing placements and the referral process more generally. 2 We recommend to the Government that it establish a continuum of care to allow better planning of treatment and to cover the full range of treatment needs. 12

13 SUPPORT ARRANGEMENTS AND REHABILITATION PROGRAMMES I.12B 3 Support arrangements and rehabilitation programmes Youth sex offenders need access to effective, specialised treatment to address their offending and reduce the possibility of re-offending. The Ministry of Social Development funds a number of treatment programmes for young sex offenders through Child, Youth and Family. Te Poutama Arahi Rangatahi Te Poutama Arahi Rangatahi (TPAR) has been run in Christchurch by Barnardos since It is a secure therapeutic 18- to 24-month residential programme for up to 12 males aged between 12 and 16 years. Those accepted into the programme have been assessed by a community-based treatment provider as presenting a high risk of re-offending. Offenders with moderate to severe intellectual disability, a sentence of imprisonment, or a history of excessively violent behaviour will not be accepted into the programme. Residents must have care and protection status, and be in the custody or guardianship of the Ministry of Social Development s chief executive under the care and protection provisions of the Children, Young Persons, and Their Families Act TPAR aims to significantly reduce or eliminate the risk of subsequent offending by its residents. It has a five-step programme, which begins with addressing past behaviours and finishes with preparing the resident for life back in the community. The resident must complete each step satisfactorily before being allowed to move on to the next. Individual and group therapy are used intensively, as are rehabilitative tools to improve, for example, social skills and empathy. The programme takes a fundamentally therapeutic and rehabilitative approach to treatment, and also includes a full educational programme, which is funded by the Ministry of Education. Residents cannot be compelled to stay on at the programme beyond their 17th birthday, at which point custody orders cease. A guardianship order, on the other hand, can extend beyond their 17th birthday, allowing them to remain at TPAR. If, however, the resident does not consent to stay, he must be discharged. Visit to Te Poutama Arahi Rangatahi In November 2007 we visited TPAR in Christchurch, and met some of the residents and staff. We spoke with the residents about the care they received there, and which tools they thought were effective for treating youth sex offending. They were of the view that the residence provided them with a very safe place to be treated, and they told us that residents helped and supported each other with their treatment. They found individual therapy to be the most beneficial of the treatments provided; there were differing opinions of the worth of group therapy. The residents we spoke to were keen to let us know that they would like to be able to have more contact with family and friends while receiving treatment, and believed that more freedom and outings while in residence would help with their transition back into the community. 13

14 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS We were impressed with the facility and the young men we met, and were interested to learn from TPAR s staff that very few of the residents that complete their treatment go on to re-offend sexually. A recent evaluation of TPAR found that it provided a safe and supportive environment for its residents, but that it failed to stop a large number of residents from committing non-sexual crimes once they had completed treatment. Community-based treatment programmes Community-based treatment (CBT) programmes deliver specialised non-residential treatment and services to adolescents who have sexually abused, and to children who have exhibited harmful sexual behaviours. Individual and family group therapy are included in these programmes. The programmes, which are for children and adolescents aged from 10 to 18 years, can last up to two years. CBT providers also supply services to young people in specialist group homes, and support TPAR. Children and young people participating in these programmes have been assessed by the treatment providers as safe to be treated in the community. Some but not all of the children and young people receiving treatment from one of these providers may have been convicted of a sexual offence, or may be in the care of the chief executive. The Ministry of Social Development, through Child, Youth and Family, contracts nine specialist community-based programmes throughout New Zealand for young people who offend sexually. The three largest programmes are run in the main centres: SAFE Network in Auckland, WellStop in Wellington, and STOP Trust in Christchurch. These providers also run smaller services in regional centres around the country. SAFE provides services in Hamilton, WellStop in Napier, Gisborne, and Palmerston North, and STOP in Dunedin and Invercargill. These providers deliver more than 300 units of service each year, made up of assessments and treatment programmes. The ministry contracts 120 units of service annually from these providers for various clients, and Child, Youth and Family purchases additional units of service when necessary. The aims of the CBT programmes are to provide people who have sexually abused with the skills to stop offending, avoid re-offending, and develop appropriate social behaviours to enhance the safety of child victims to support the families and significant others of those who offend. Pathway to Partnership The Government released the Pathway to Partnership plan in February this year. This is a multi-year plan which aims to build strong, sustainable, and effective community-based social services for families, children, and young people. Funding for these services is to increase over the next four years; it is intended for existing services under contract with the Ministry of Social Development, the Ministry of Youth Development, and victim support, and for family violence services funded by the Ministry of Justice. Amongst other things, Pathway to Partnership will seek to fully fund these contracted services by We were interested to note that the service providers contracted to the ministry to provide youth sex offender treatment programmes have been classed as providers of essential services, and 14

15 SUPPORT ARRANGEMENTS AND REHABILITATION PROGRAMMES I.12B are therefore entitled to be fully funded within four years. This funding will cover the cost of the service, including direct and overhead costs to the provider. Supporting youth sex offenders on Family Group Conference Plans or Court Orders after age seventeen The obligation to see out Youth Court supervision or community work orders expires once a young person is 17 years and six months old. With the young person s consent, a family group conference plan (if it is part of their treatment plan funded by the ministry) and treatment can last as long as necessary regardless of the young person s age. If a young person is subject to a court order and turns 17 while in treatment, then similarly a family group conference plan can be used to continue treatment. Treating children and young people in Child, Youth and Family residences Child and youth sex offenders placed in Child, Youth and Family residences do not receive therapeutic treatment for their offending. Treatment providers have indicated that they are reluctant to treat offenders in residences, as it is not as effective as treating those who are living in a family-like environment with support systems around them. They consider that treating a child or young person in residence is problematic because there is not enough time to establish stable treatment regimes, and it is generally not possible to create an open and honest environment conducive to therapy in such places. Treating them is further complicated by the fact that in such settings, often for reasons of personal safety, children and young people hide the nature of their offending. Children, Young Persons, and Their Families Amendment Bill (No 6): Provisions for court orders This bill aims to change the definition of a young person to include those aged 17 years. Therefore, those dealt with by the youth justice system could be in the custody of the chief executive until their eighteenth birthdays. The bill also proposes to introduce two new Youth Court orders, to address concerns with the short length of current orders. The proposed extended supervision with activity order is for up to 12 months (up to six months of supervision with activity and up to six months supervision). The current maximum period of a supervision with residence order is nine months (two to three months in custody and up to six months supervision); the extended supervision with residence order would run for a maximum of 18 months (four to six months in a secure residence plus up to 12 months of supervision in the community). The bill proposes that all supervision orders should run their full course and not be subject to cessation when the person reaches a certain age. Committee view Submissions relating to the various support arrangements and programmes for youth sex offenders were mainly concerned with the length of Youth Court orders, and what happens to offenders community-based treatment once they turn 17. All submitters were aware of the need for young offenders to have access to high quality specialised treatment to address their offending and reduce the chance of re-offending; and numerous submitters 15

16 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS stressed that the majority of youth sex offenders respond very well to their treatment, do not re-offend, and generally fit back well into the community. We heard that in many cases Youth Court orders are not long enough for the offender to benefit from treatment interventions, which should be long and intensive. We were informed that the current definition of a young person limits flexibility in sentencing and the range of young offenders who fall within Youth Court jurisdiction, which currently ceases once they turn 17. This means that, to enable youth sex offenders to receive treatment, the Youth Court at present can either remand them on bail within the Court s jurisdiction for a lengthy period pending sentencing so they can attend rehabilitative programmes, or transfer them to the District Court. We learnt that this latter option was not used often, but when it is, its purpose is to impose a sentence of supervision; such an order can apply for two years. Should the Children, Young Persons, and their Families Amendment Bill (No 6) pass into law, these issues would be partially addressed by changes to the length of Youth Court orders. It was submitted that community-based treatment effectively ends when a young offender turns 17, when Child, Youth and Family cease their involvement and support. This means that an offender can be part-way through their treatment when it effectively stops, leaving them to continue their rehabilitation without any support at all. We were informed, however, that if the Ministry of Social Development is funding treatment through Child, Youth and Family for a young person under a family group conference plan, then, with the young person s consent, the plan including the treatment may last as long as is thought appropriate regardless of the young person s turning 17. Again, should the Children, Young Persons, and Their Families Amendment Bill (No 6) be enacted, the change in the definition of a young person to include those aged 17 years should ensure that more youths complete their treatment. The problem will still affect some 18-year-olds, however. While many of the concerns raised by submitters may be addressed by the passage into law of the Children, Young Persons, and Their Families Amendment Bill (No 6), numerous other issues will remain to be addressed. We believe that access to adequate programmes has become a problem, and therefore recommend regular reviews and evaluations of all current programmes to address access issues and to make sure they are age-appropriate and specifically designed to reduce offending. We believe that referral and access to treatment could also be improved by better communication and co-ordination between Child, Youth and Family and other agencies. We consider it would be beneficial for Child, Youth and Family to improve their processes for assessing youth sex offenders when they first come to their or the police s attention using, for instance, an interview with a psychologist or psychiatrist, or a psychometric questionnaire. We consider that such a system would help improve treatment planning and decisions about placements. The possibility of increasing funding for early intervention programmes needs to be investigated. We understand that a few of these programmes are already in existence; however we believe that preventative services should be extended to more at-risk young people and their families. We were told that WellStop has proposed a pilot programme for early intervention services, and we urge the Ministry of Social Development to give it serious consideration. 16

17 SUPPORT ARRANGEMENTS AND REHABILITATION PROGRAMMES I.12B It was also drawn to our attention that Child, Youth and Family s data systems need improving to allow better referral and treatment planning. At present, the department does not keep a record of the number of notifications it receives of sexual offending by young people. The ministry told us that Child, Youth and Family s system was designed as a case management system, to support the core business of Child, Youth and Family (managing family group conference plans and Youth Court orders), focussing on responses to the needs of young people. We recommend this system be upgraded to allow the recording of all notifications and types of offending. Recommendations 3 We recommend to the Government that it undertake a thorough specialist assessment of each child or youth sex offender referred to Child, Youth and Family. 4 We recommend to the Government that it review programmes regularly to ensure they are age-appropriate, easy to access, and include treatment specifically designed to reduce sexual offending. 5 We recommend to the Government that it fund and expand early intervention services across the country. 6 We recommend to the Government that it review Child, Youth and Family s data systems to ensure the recording of numbers of offenders and the type and seriousness of their offending. 17

18 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS 4 Reintegrating youth sex offenders into communities Child, Youth and Family tries to ensure that when youth sex offenders leave Child, Youth and Family residences or complete treatment, they are equipped with the skills to reintegrate successfully and safely into society in a way that balances the safety of the community with the young people s right to privacy. We note that the Children, Young Persons, and Their Families Act 1989 prevents the publication of the names of offenders dealt with by the Family or Youth Courts. However, young offenders dealt with by an adult court will have their names published unless name suppression is granted. Leaving a Child, Youth and Family Residence When admitted to a care and protection residence, children are given a comprehensive placement plan, which includes specific objectives they must meet while they are in care. These objectives may include schooling, behaviour management, a health assessment, and placement with parents, family, or other caregiver. Before the child leaves the residence, court orders and the care plan are reviewed at a discharge meeting. A field social worker has responsibility for a child upon discharge from the residence, and ultimately for managing the child s long-term care. Child, Youth and Family works toward long-term or permanent stable placements, and continues to pursue their goals after discharge from the residence and before matters are formally discharged by the Family Court. When a young person leaves a Youth Justice residence, they are still under court-ordered supervision. The conditions of their supervision order will have been formulated at a family group conference, and agreed to by the offender. They can include directives as to where the offender may live, a curfew, and programmes or community-based activities they must participate in. To ensure that the young person follows their plan and does not re-offend, a social worker works with them and their family. The social worker will organise the young person s attendance at stipulated programmes and activities, and work with other Government agencies such as schools, Work and Income, health services, and training providers to ensure the young person s access to them. Exiting Te Poutama Arahi Rangatahi Finishing treatment at TPAR is a managed process, involving the organisation itself, a Child, Youth and Family social worker, and a CBT provider. Through Child, Youth and Family the Ministry of Social Development funds a TPAR reintegration social worker, whose role is to coordinate with Child, Youth and Family sites and with CBT providers to meet the needs of the young person leaving TPAR. A young person leaves TPAR either on completion of the programme or on turning 17 (unless a court order allows them to stay to complete the programme). Planning for a person s discharge begins six months before they are due to leave, and a placement option 18

19 REINTEGRATING YOUTH SEXUAL OFFENDERS INTO COMMUNITIES I.12B is confirmed three months before they leave. A discharge plan, which includes information relating to reintegrating the person into the community and managing continuing treatment and support issues, and an interim discharge report are made available the day the person leaves the programme. A more detailed report is issued 30 days later. A young person can be removed from the programme early if they show complete disengagement from it or exhibit seriously disruptive behaviour that affects their own or other residents safety. Early discharge can happen at very short notice if need be (for example, after serious violence by a young person). If so, the Child, Youth and Family social worker secures a different placement (it may be just a short-term emergency bed) within 48 hours of being advised of their client s discharge. Transition from care to independence In 2006 Child, Youth and Family adopted a permanency policy for children and young people under the care of the chief executive. It aims to ensure that children and young people remain at or return home; are permanently placed with relatives or a family group, or a caregiver outside the family; or move from care to independence. If it is not possible to find a permanent placement in a home with family or a caregiver, transition from care to independence is considered the best option for 15- and 16-yearolds. Young people in this situation work intensively with their social worker on a transition plan to determine their abilities, the skills they will need for independence and how they will learn them, who will help them with the transition, and an appropriate timeframe for the transition. A guardian will also be selected to care for the young person when the custody order ceases; if no-one appropriate can be found the chief executive can be named as a guardian until the person turns 20 (unless guardianship is reviewed and the order comes to an end, or the young person marries or enters into a civil union). We were told that this policy aims to ensure that the transition is planned and gradual, allowing the young person to access financial support, and accommodation, education, and training services if necessary. Reintegrating youth sex offenders, and the Children, Young Persons, and Their Families Amendment Bill (No 6) We note that work is being done on the programmes and services that will be needed for youth sex offenders should the Children, Young Persons, and Their Families Amendment Bill (No 6) pass into law. We were informed that the ministry is considering intensive social work services for high-risk young offenders leaving residential facilities, and is investigating the possibility of establishing step-down facilities for these offenders. Amongst other issues, the ministry will need to look at the objectives of these facilities, recruitment of staff, and the availability of programmes and services to support such young offenders. Committee view We were interested to hear that a number of submitters thought the following issues need more focus in the rehabilitation of young offenders: maintaining family connections during treatment involvement of young offenders families in their treatment programmes 19

20 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS support after treatment ceases socialisation through engagement in age- and developmentally-appropriate activities. Two submitters who had undergone treatment for sexual offending told us that continuing care plans and support from family and providers were crucial preventive and rehabilitative tools once they returned to the community. The lack of accommodation outside of the main centres was also raised with us often this is an obstacle to young offenders from rural areas or small towns receiving treatment. We also heard a number of submissions to the effect that youth sex offenders should be removed and rehabilitated away from the community entirely, or at least well away from residential areas. We believe that step-down facilities are badly needed in New Zealand. Developing and maintaining them will require additional funding and resources; but given that these facilities would cater for those high-risk offenders who qualify for admission to TPAR, we believe this is critical to reducing their risk of re-offending. We were told that providers strive to ensure that placements in the community are found for young people at least three months before they leave residential facilities, but in practice it sometimes does not happen until much closer to the discharge date. We believe more effort is needed to ensure that placements are confirmed well before the discharge date, so that such young people can establish relationships with their caregivers before moving into their homes. We are aware that the role of a young offender s family has a great bearing on whether they succeed in their treatment. We therefore recommend that, where possible, a young person s family should be enabled to play a significant role in their rehabilitation, perhaps by involving them in the therapy, by giving them training and support in caring for them, or by allowing more contact between the offender and their family during residential treatment. Recommendations 7 We recommend to the Government that it establish step-down facilities for youth sex offenders leaving residential care to help them to reintegrate into communities, and provide more socialisation options for young people in residential care (such as sports or cultural activities). 8 We recommend to the Government that it ensure that placements for youth sex offenders are confirmed well before they are due to be discharged, and are focused on the needs of the individual offender. 9 We recommend to the Government that it provide for more family involvement in a young person s treatment. 20

21 SUPPORT MECHANISMS FOR TRANSITION TO ADULTHOOD I.12B 5 Support mechanisms for transition to adulthood We were informed that care plans for youth sex offenders at or near 17 years of age are managed individually in order to recognise each person s complex needs. After they have turned 17, when custody orders cease, continued Child, Youth and Family involvement is generally supported by a guardianship order. Once youth who have sexually offended reach the age of 20 without re-offending, Child, Youth and Family s involvement in their care comes to an end, because the guardianship order expires at 20 years of age. Committee view We note that should the Children, Young Persons, and Their Families Amendment Bill (No 6) pass into law, there will be an additional responsibility for the ministry s chief executive to provide advice and assistance to young people in care, should they ask for it, until they turn 25. We believe this to be a positive way of supporting young offenders in their transition into adulthood. Although few submissions specifically commented on the support mechanisms available for youth sex offenders in transition to adulthood, it was brought to our attention that often social workers are assigned to youth sex offending cases without any background or professional interest in the sector. Also, the social worker often does not stay with a case until it is closed. We were concerned to hear how often this happens, and consider that it would be better for Child, Youth and Family to ensure that only social workers experienced in managing youth sex offenders are assigned to their cases, and that where possible they remain with a case for its duration to provide long-term support to the offender. Recommendation 10 We recommend to the Government that it ensure, where possible, that youth sexoffending cases are assigned to social workers experienced in managing such offenders, and that they remain with a case wherever possible until it is closed. 21

22 INQUIRY INTO THE CARE AND REHABILITATION OF YOUTH SEX OFFENDERS 6 Selection, approval, and monitoring of caregivers and providers The process for approving and monitoring caregivers and service providers caring for youth sex offenders requires them to meet strict standards set by Child, Youth and Family. Programme and organisation standards Organisations must meet business viability standards, which include having a clear philosophical base; ensuring that the welfare and interests of the child or young person is the first and paramount consideration; employing qualified and competent staff to deliver the service; having adequate financial systems; and clear organisational monitoring. Organisations must also meet programme quality standards for child and family support services: appropriate client intake and assessment procedures; formal intervention plans; sound, effective, and appropriate programmes for the particular service; care placements that follow the requirements set out in the Children, Young Persons, and Their Families Act 1989; a process to facilitate the conclusion of the service; and ongoing reviews and evaluations of the service or programmes provided. Organisations specialising in providing community services must also meet stringent programme standards. These standards require clear objectives for a client s relevant activities, and the necessary consents for participation; processes to ensure clients safety; an intake policy and assessment of client needs; and effective formal intervention plans, planned using a collaborative process. The ministry believes that it contracts the best available organisations and service providers, including Barnardos and the Richmond Fellowship, to care for and rehabilitate youth sex offenders. Training one-on-one caregivers Child, Youth and Family have an intensive training programme for one-on-one caregivers. It is delivered in two stages. The first, which is provided by a contracted non-governmental organisation, includes 12 modules covering subjects such as sexual, physical, and psychological abuse, substance abuse, and suicide and self-harm. The second part, delivered by a contracted training provider, includes a full-day module on sexual offending, delivered by SAFE, STOP Trust, or WellStop. Each caregiver is assigned a social worker who manages the case work and provides supervision and support. It was stressed to us that finding willing and appropriate caregivers is difficult for Child, Youth and Family, as the role requires specialist skills. While the ministry employs many dedicated caregivers, the vast majority are unwilling to assume responsibility for a child or youth sex offender, even if they have completed treatment. 22

23 SELECTION, APPROVAL, AND MONITORING OF CAREGIVERS AND PROVIDERS I.12B Committee view Most submissions on the selection, approval, and monitoring of caregivers and providers focused on their availability, training, and experience. Many were concerned that caregivers did not receive adequate training or have appropriate qualifications to provide good enough care for youth sex offenders. We heard that the major problem is an apparent lack of people available to care for youth sex offenders, and of those who are available, many do not have enough experience or training to be especially effective in that role. It is also widely acknowledged that retaining good caregivers is as difficult as recruiting them. Two of the young men at TPAR from whom we received submissions believed that it was important to have both random and routine visits by Child, Youth and Family to caregivers homes, to check on the caregiver and the former resident s progress. We consider this recommendation should be investigated further, with a view to providing more support for both the caregiver and the recovering offender. We believe that better processes are needed for caregivers to inform the agencies involved of any concerns at any stage about the behaviour of the young person for whom they are caring. Better communication of issues should allow a more effective and timely response. We consider it crucial for the Government to focus on workforce development in this sector, and particularly the recruitment and retention of effective caregivers. Continuing training and support for caregivers and service-providers staff is imperative (it might be provided by Child, Youth and Family or a contracted NGO), as are clear person specification guidelines for roles in this area. We believe that to improve the workforce, a pool of specialised caregivers (including respite caregivers) should be established and trained. We believe the possibility of introducing a credentialling system should be investigated also. We were told about a new model of foster care developed in the United States, which has potential to be of great benefit in New Zealand. This model deals with offenders who would be unsuitable for residential treatment but would benefit from a home-like environment closer to their communities. We were informed of a number of studies providing evidence that the model works best for those with a history of persistent offending. While Child, Youth and Family already has a foster care system, we were told that it needs to undergo major change, and preferably to adopt the United States model. This would require greatly increasing the resources and funding of Child, Youth and Family for this purpose, and a large investment in recruiting and training foster parents, but we believe it should be properly investigated. Recommendations 11 We recommend to the Government that it provide ongoing training, support, and formal supervision for caregivers and support workers, and consider establishing a credential system to ensure that service providers and their staff demonstrate the necessary skills and competencies to work with child or youth sex offenders. 12 We recommend to the Government that it recruit, train, and support a pool of specialised caregivers for youth sex offenders. 23