Children’s Commission recommends government transfer power to Maori to care for babies at risk

Maori should have the legal power to support babies and children at risk, rather than Oranga Tamariki, says a new report.

Children’s Commissioner Andrew Becroft recommends a total transformation of the current system.

The second report of a two-part review by Becroft’s office calls for the government to commit to transferring power and resources to Maori to care for children who might otherwise be treated by the state. The move would allow for a “By Maori, For Maori” approach.

The report is one of multiple investigations into OT’s child lifting practices.

The previous report included the account of a woman who discovered for the first time that her baby would be elevated while she was giving birth.

The latest report looked at pēpi’s experiences and outcomes in state care, and what immediate changes are needed to support better outcomes for pēpi and his whānau.

During the past six years to June 2019, an average of 265 babies, of which 171 were Maori, were placed in state custody each year.

The trend showed that planned moves had decreased, but urgent moves, often without warning, had increased.

“While the numbers may seem small, the immediate and intergenerational impact on pēpi and its whānau, hapū and iwi is immense,” the report said.

The report found that there was a lack of evidence and a lack of confidence that incremental change could produce results for Maori, as it had not in the past 30 years.

Transferring power to the Maori was the best option for real change and recognized Maori as best placed to care for their own, according to the report.

“Maori have their own solutions that work … when resources and decision making are transferred to Maori, transformative change is possible.”

Becroft said there was a history of “patching and tinkering” with the state system of care and protection, and this had failed mokopuna Māori, “too often resulting in the severing of his ties with whānau, hapū and iwi.”

“This creates lifetime damage and must be stopped.

“While there will be times when pēpi need to be away from their biological parents, all aspects of the decision and placement must be managed by the Maori, for the Maori. The connection to whānau, hapū and iwi is critical to their well-being and should never be cut off. “

Oranga Tamariki CEO Grainne Moss said that transferring Oranga Tamariki’s power and resources to the Maori to enable a Maori-led approach would be a decision for the government to make.

“All New Zealanders want the same thing,” Moss said. “We want to make sure the Māori tamariki are safe and well cared for.

“In the past two years, we have seen a 50 percent drop in the number of pēpi receiving care. This is due to our commitment to working alongside Maori to support tamariki.

“Our common goal is for children and youth to be at home thriving under the care of their whānau, hapū and iwi.

“When a child urgently needs to enter the care of Oranga Tamariki, changes in practice made over the past year have led to a significant reduction in requests without prior notice to the court.”

“We will await the guidance of the Waitangi Tribunal and the direction of the Ministers before commenting further on the vision expressed in Te Kuku or Te Manawa.”

The court is currently assessing whether the legislation, policies and practices of Oranga Tamariki are consistent with the Treaty of Waitangi, with particular attention to the disproportionate number of Maori tamariki who are in the care of the state.

The four recommendations to the government are:

• Commit to empowering and resourcing Maori so that they can keep pēpi in the care of their whānau.

• For OT to act immediately to stop the harm and improve the experience of Maori children and their whānau in the current system by implementing urgent changes in policies and practices.

• For OT to change the recruitment process and increase funding and support for Iwi and Maori organizations to offer better services, and to support and provide resources for a transition to a “By Maori, for Maori” approach.

• That the minister and OT act to improve the legislation and mechanisms of the current system to better work with Maori

One of the recommended steps to stop the harm to families was to prevent the use of unannounced pēpi removals, ensuring that all practical steps were taken to determine care plans as soon as possible.

The report also recommended ending the practice of removing pēpi from a hospital maternity ward or maternity unit, in order to respect pēpi’s needs to bond, breastfeed, and have a quiet and safe environment.