Report on law and young people

Press, 12 March 1983, Page 22

Report on law and young people

Parliament reporter Big changes are recommended to the way young people are dealt with by the law. in a report to the Government from the Human Rights Commissioner. Mr Hiwi Tauroa. The report was compiled by the Advisory Committee on Youth and the Law in New Zealand's Multi-cultural Society and is now being considered by the Cabinet. Some of the recommendations are radical, some are merely matters of machinery, and many will require changes to legislation. Because of the importance of the subject, and range of issues covered. ‘‘The Press" as a service to its readers lists all the recommendations in the report. The full report comprises 284 pages, with about another 100 pages of appendices. Copies may be obtained from the commission’s office in Auckland. The recommendations contained in the different sections of the report are: Children’s Rights • That children have, as of independent right, access to every legal safeguard that is available to adults. Accessibility without quality will disadvantage the most vulnerable persons. • That there be established within the system, a way whereby a child can object to transfers, or be granted a new assessment of the case. • That there be established a way by which children may contest discretionary decisions. • That irrespective of the place in which children in care are placed, such places need to be monitored in order to ensure that the best care for that child is available and being used. • That included among the duties of the Mediator (a young persons’ officer with access to the judges, courts and community, who monitors state-funded institutions) is the responsibility for monitoring decisions made by the courts. The Mediator will conduct and receive reports as an independent reviewer. • That there must be a formal Declaration of Children’s Rights. • Members of Visiting Committees (to state-funded institutions) must take cognisance of and make as their first priority their ability to relate to Polynesian children. The

criteria for membership of a Visiting Committee should be the preparedness to make, at least, regular monthly visits and develop meaningful dialogue. • The office of the Ombudsman could be extended. • That the United Nations Declarations of the Rights of the Child be adopted immediately. Ages of criminal liability and responsibility involving juveniles • That compulsory wearing of a seat belt be lowered to the age of six years. This would be consistent with the age of compulsory school attendance, with the same exceptions as apply to adults, on the grounds of health. • That the term “child” and the definition of the term “young person” be eliminated. All people up to and including the age of 17 be termed “young persons.” There should be no distinction between a child and a young person. • That the age of criminal liability be raised to the age of 15 years. Society accepts that “children” must attend school until 15 years of age; these same persons should have legal protection until society releases them from compulsory attendance at school and from the status of “children.” • That where young people have chosen to leave school at the age of 14 years, the protection offered to 15-year-olds should still apply. • That Children’s Boards be reconstituted as Young Persons’ Boards and that these new boards be empowered to deal with young people up to and including the age of 17 years. • That the age at which a person may buy or lease Crown Land be 18 years, the voting age. • That all school-leavers over the age of 15 years be entitled to a form of unemployment benefit. • That the laws governing information concerning contraception be widened to serve the needs of all young people who have reached the age of puberty. • That the obtaining of car and motor cycle licences at 15 years of age be subject to certain restraints and limits, to be imposed by legislation, at the descretion of the Ministry of Transport. • That the law which provides that every parent or person in place of a parent is justified in using forces for correction towards any child or pupil under their care, provided the force used is reasonable in the circumstances, be changed and ultimately repealed in the case of the person acting in place of a parent. Children’s boards • That the ages of those appearing before Children’s Boards be extended to include 17-year-olds. • That powers be given to Children’s Boards to enable the presentation of an official police warning, where this seems necessary. • That specific sanctions be available to be applied to cases such as truancy. • That it be mandatory that both (or all) parents or guardians attend Board

meetings where the Board sees a need to have the cooperation of both parents and the child. • That provision be made for some meetings to be held in non-working hours to enable parents or support persons to attend without loss of income or interruption of work. • That panel members be chosen to represent the widest aspects of the community. • That any perceived lack of representation be recognised and powers to co-opt be vested in the Board as a whole, until re-election or reappointment times. • That Board meetings be held in congenial and informal surroundings. • That full use be made of all school reports, attendance records, social and academic progress and special problems, as well as the Department of Social Welfare report. Panel members must be placed in the strongest position possible to advise and help both the child and the family. • That every Board have a comprehensive file of available community and State organisations and resources, including details of access to sporting, social and cultural amenities. • That liaison be established with any Marae committee, or other significant cultural or ethnic group, in the community. • That recognition be given to the fact that it is not realistic to expect Board members to counsel, advise, and then do follow-up work. • That increased secretarial and/or liaison social work will be required and the time of a paid officer should be available to each Board, liaising with the Mediator. • That a Mediator be appointed to follow up Board recommendations and report back to the Board. • That where members of Boards feel they may not have assisted or have not been able to assist the child, they refer the matter to the Children and Young Persons Court, to gain a wider range of professional help.

• That all arrest, warrant, and complaint cases be considered first by an assessment panel. Children and young person’s court • That the judge be a person specially suited by knowedge and personality, by special training and (if possible) by choice. They should receive special training to make them sensitve to cultural differences and to human relationships, as they affect children and young persons. • That the meeting between judge and child should reflect an air of informality, without trying to over-awe. Family and counsel may be present, but dialogue may be between judge and child alone. • That where the child or young person pleads “not guilty” there should be be an adversary situation, but the judge should try to evaluate the situation by asking questions before making a judgment. • That where the child or young person pleads “guilty" the judge should be satisfied of guilt. Confused children often plead guilty to “get it over and done with," or when they do not understand of what they are accused. • That judges ensure they learn everything relevant to the case. Opportunity must also be given for children to speak for themselves. • That judges be taught a wide range of techniques to deal with a society which has a wide range of ethnic groups. ® That District Court judges no longer be allowed to preside over a Children and Young Persons Court. • That judges be given sufficient time to tudy each case. Young person’s mediator • That sensitive areas of administration involving young people be monitored by an independent officer. • That a new position, that of Mediator or Kai-Tiaki, be created.

Fostering and adoption • That young people be placed in appropriate homes where they feel physically and socially comfortable. • That where possible foster parents should be of the same ethnic group as the fostered child. • That foster parents should have training and regular support. • That foster homes should provide a learning environment where children and very young people can learn by discovery with the special protection of childhood that does not keep count of the cumulative mistakes. • That changes of foster home be kept to a minimum. • That increased attention should be given to supporting the fostering and adoption carers. Ethnic considerations • That full recognition be given to the provisions of those Maori communities who are willing, able and ready to care for Maori children and young persons. • That, where appropriate, some young Maoris might become wards of the Secretary of Maori Affairs rather than.of the Director of Social Welfare. • That it be recognised that other ethnic groups may be able to take responsibility for the care of their young people. • That the type of financial help and general assistance made available to Department of Social Welfare homes be made available to these other groups. • That every opportunity be given to ensure that all children and young persons have options and choices available to them, and freedom to express their own cultural values wherever possible. • That, when appointed, a Mediator monitor community supervision and be responsible for the final discharge or clearance of the young person from community care. • That some ethnic groups be allowed to develop their

own institutions because the present ones are ineffective, and public money is being used to disadvantage some ethnic groups. Social welfare reports • That the practice of supplying Children and Young Persons Courts with Department of Social Welfare reports be modified to expedite hearings and lessen the need to remand so many young persons in custody pending a report. • That verbal reports from social workers, concerned elders, school teachers, and others, be made directly to the judge where appropriate. • That greater use be made of the trained expertise of school teachers in assisting both young persons and the Court. • That greater provision be made for cultural or ethnic differences in the conduct of cases in the Court. Alternative programmes • That greater emphasis be placed on diverting juvenile offenders into educative programmes. • That this policy be implemented as much as possible in a young person’s own community. • That where young persons need to be placed in institutions, they be placed in small units with an emphasis on individual programmes that build self-esteem. • That some form of community education be undertaken so an aware community can mobilise its resources to support young persons in that community who need some special form of help and care. • That an important part of any rehabilitation or diversion programme be the teaching of coping skills which will prevent the likelihood of a juvenile offender becoming an adult offender. Education and the law • That education on the

laws of the country begin in schools at an early age. • That all school leavers, including those 14-year-olds with special exemption, have access to up-to-date and accurate information about agencies such as Citizens’ Advice Bureaux and the the availability of legal aid. • That increased attention be paid to teaching young people on the legal information about body care. Information on the age of consent, paternity responsibilities. information of contraception, abortion help available to pregnant schoolgirls should be available readily and easily accessible. • That all young persons in care have this information available readily. • That schools should include in their programmes discussions of laws dealing with accommodation, employment. discrimination, tenancy rights, hire-purchase agreements, and regulations governing consumer products and do so before students leave school in the junior forms. • That all schools ensure that students are conversant with the provisions of the Race Relations Act. 1971, and the Human Rights Commission Act, 1977. • That all the “Education and the Law” recommendations be included as a compulsory component of Teachers’ College programmes. . • That the impact of positive news media advertising be recognised and used for the promotion of necessary, useful information for all citizens as well as vulnerable youth. Alcohol, violence and drugs • That more consistent application of legal sanctions be applied to protect young persons from the abuses of alcohol and other drugs, both on themselves and when causing the behaviour of others. • That adults who supply alcohol to minors be subjected to realistic penalties.

• That education on the use and abuse of drugs and alcohol be increased and offered through intermediate schools. • That granting driving licences to 15-year-olds be reappraised, suggesting that the age could be raised or some system of probationary or restricted licences be considered. in line with overseas practices. • That the effects of corporal punishment in schools be considered closely, in terms of possible psychological as well as physical harm to young persons. • That differences in cultural attitude be taken into account in assessing familyhome rearing patterns. • That children from lowincome homes, being those most “at risk" from unemployment, will be the majority of those children who stay up late to watch programmes that include violence, so reprogramming may be necessary. • That adults put practice before preaching. Statistical data • That the importance of keeping accurate statistical information be recognised as of value. • That extreme care be taken in interpreting statistics. • That greater accuracy be used when designating ethnic group or race. • That the positive value of statistics be recognised by recording details of child abuse so other siblings will be at less risk. • That records of children and young persons be kept confidential and sealed to frustrate use in District Courts, unless it is in the interest of the young person or the community. Murder, violence, and arson were examples of where the community’s interest would apply. • That where possible statistics should be used as indicators for positive action, highlighting needs or alerting authorities to danger areas before damage has been done rather than after.