‘Best interests of child not catered for in act’

Press, 9 March 1982, Page 9

‘Best interests of child not catered for in act’

Wellington reporter The “best interests” of the child were not catered for in the Children and Young Persons Act. the National Advisory Committee on the Prevention of Child Abuse has told a Parliamentary select committee. The committee was hearing submissions on legislation proposing amendments to the act. The advisory committee said that the Children and Young Persons Amendment Bill did not address deficiencies in the act or relationships formed with foster parents and guardians.

At present natural parents from whom a child was taken were able, after a year, to seek a review of an order giving guardianship of that child io people other than the natural parents. Although the act stipulated the “best interests" of the child should be-, the main consideration, this was qualified elsewhere in the act by making those best interests subject to material improvement in the way of life of the natural parents, said the committee. It did not allow the review to focus on the strength of the relationship the children may have formed with their present

caretakers, and the inherent dangers of disrupting it. This was anomalous with the Guardianship Act, 1968. which contained no qualification of the best interests clause. Under the act. appointment of legal counsel for the child was discretionary. The committee recommended mandatory representation where complaints were defended or where a change in custody was threatened or proposed. It also recommended independent legal representation ;in review of guardianship and supervision orders.