Worst youth justice system not seen yet – Chief Children’s Commissioner

By Whakaata Maori

Video evidence of violence inside youth justice residences reaffirms the need for a system reset, Chief Children’s Commissioner Judge Frances Eivers says.

“As the police investigation into residences progresses, we can’t assume we have seen the worst yet. Not only is our current care system not working, it is actively harming the young people it is supposed to be helping,” says Judge Eivers.

“It’s clear that these are not therapeutic environments focused on rehabilitation. We want our mokopuna in youth justice to grow to be proud and strong within their communities but that can’t happen in prison-like institutions.

Children’s Minister Kelvin Davis says he is “deeply concerned” after a video of MMA-style fighting emerged out of an Oranga Tamariki youth justice residence. Photo / Newshub

“Children’s commissioners have repeatedly called for Youth Justice residences to be phased out. I have continued, and will not stop advocating for that.

“Tangible change cannot be put on the backburner but at the same time we need to get this right, and that requires calm, considered decision-making that prioritises the immediate safety of this mokopuna.

“How long do mokopuna have to wait before we can get them out of those prison-like facilities?

‘Little has changed’

“Time and time again, the Children’s Commissioner – now the new commission – has reported the same issues at residences with Oranga Tamariki and yet little has changed. Our reports include:

· the use of secure care (solitary confinement) to manage the behaviour of young people;

· the number of assaults between mokopuna, including the use of weapons;

· the lack of therapeutic and occupational programmes, or a wrap-around plan designed for a young person;

· unaddressed mental health issues;

· contraband entering the residence, including vapes and cell phones;

· kaimahi (staff) telling us they felt untrained, overstretched, and left on their own to cope with no leadership from outside the residence;

· kaimahi not knowing how to spot and de-escalate situations; and

· the lack of transparency across residence operations. This includes the lack of detail in some Serious Event Notification (SEN) reports and the lack of access given to independent advocates when they visit the residence.

Eivers says the Ministerial Advisory Board has reported similar concerns and made recommendations for change. “And again we are yet to see concrete change for the young people.

“I can, however, be clear about what ‘good’ looks like, and encourage us all to have a positive discussion of our path as a country:

“A by Māori for Māori approach is essential. A significant proportion of the young people in residences whakapapa Māori. A system that responds to their cultural needs not only will help them reconnect with their identity and build their mana, it will also benefit all young people struggling to cope with understanding how they fit into society and help them heal.

“Care and protection and detention environments must be smaller, home-like, and be connected with each child’s community. Prison-like environments create prison-like behaviour. Where needed, residences can still be made secure without metres of wire and concrete.

‘Residences must be therapeutic’

“Connection with the local community and their whānau encourages young people to feel included, part of a caring and protective environment that will love and guide them.

Residences must be therapeutic and focused on rehabilitation, which includes their whanau, she says. “Trauma and learnt behaviour does not heal itself. We cannot expect young people to overcome the hurdles they face without help. They need a vision of the future that is positive, and that they believe is achievable.

Eivers says the replacement must be bigger than Oranga Tamariki. “There are young people in residences with multiple and complex needs who require multi-agency support. Other agencies, such as the Ministry of Education and the Ministry of Health, need to be part of a wraparound support plan, particularly for young people with mental health diagnoses, traumatic brain injury, and neurodiversity such as FASD, ADHD and spectrum disorders.

She says kaimahi must be fully trained, specifically on trauma-informed practice, because most mokopuna in detention experience significant trauma in their lives. Without an understanding of how to manage and de-escalate behaviours before it hits a crisis point, no one is safe.”

Police are investigating claims about several staff at Oranga Tamariki residences while a former police commissioner has been appointed deputy chief executive of the agency to review the residences.