Tolley AnneCHILDREN YOUNG PERSONS AND THEIR FAMILIES (ADVOCACY WORKFORCE AND AGE SETTINGS) AMENDMENT BILLFirst ReadingHon ANNE TOLLEY (Minister for Social Development): I move That the Children Young Persons and Their Families (Advocacy Workforce and Age Settings) Amendment Bill be now read a first time. I nominate the Social Services Committee to consider the bill. At the appropriate time I intend to move that the bill be reported back to the House by 17 October 2016. This bill represents the first phase of major and far-reaching changes to the legislative framework for the care protection and youth justice systems necessary to make positive changes to the lives of our most vulnerable children and young people. The bill includes a package of amendments to the Children Young Persons and Their Families Act 1989—the CYF Act—as well as some consequential amendments to other legislation. Later in the year I expect to introduce a further set of legislative changes to the House. These legislative changes are part of the wider programme to transform the care protection and youth justice systems in New Zealand. We know that children and young people who come into contact with these systems are some of New Zealand's most vulnerable people and we know that this can be a complex and challenging system for them to deal with. Children and young people who have been in care are far more likely to die at a young age leave school with few qualifications receive a benefit be convicted for criminal offending and have children who also need care and protection support. Young people who have had experience in care before the age of 17 are 22 times more likely to have spent time in prison by the age of 21 than young people who have had no contact with Child Youth and Family. In April 2016 I released the Government's response to the final report of the expert panel I appointed to lead a complete overhaul of the system. The report found a number of fundamental issues with the operating model for Child Youth and Family. The current system does not place children at its centre. It does not meet the needs of vulnerable young people as they move into adulthood. It is fragmented lacks clear accountability and is not organised around a common purpose. In order to address these issues this Government has committed to developing an operating model that is child-centred and responsive to children and young people's views and needs. This bill is the first step to make this happen. The bill has three main objectives: first it extends the statutory age of care and protection to under 18 instead of under 17; second it provides vulnerable children and young people with the support needed to express their views and have them heard both at the individual and at the system level; and third it enables a broader range of professionals to identify and meet the needs of vulnerable children and young people. This bill amends the definition of young person" in the CYF Act to include young people who are 17 years old for care and protection purposes. It also consequentially amends the Vulnerable Children Act 2014 which refers to the definition given in the CYF Act. Including 17-year-olds within the scope of the youth justice system is being investigated. Leaving the care and protection system at the age of 17 can seriously impact a young person's life. Young people who have spent time in care have spoken of their pronounced sense of vulnerability as they moved into adulthood. For these young people the transition out of care often comes too early too abruptly and with little in the way of a safety net. International evidence has shown that allowing young people to stay in care for longer has a range of benefits. A study in the United States found that an increased upper age for care and protection meant that young people who had been in care had better educational outcomes had children later in life and were less likely to become homeless. Young women who had been in care for longer were less likely to commit crime. Young people have told me that they are rarely given a chance to be involved in the decisions being made about them. We need to do more to ensure that children and young people are able to participate in these decisions. To support the establishment of independent advocacy services this bill places a duty on the chief executive to ensure that services are available for children and young people who are subject to an action or are receiving a service under the CYF Act. The services will support them to express their views about matters in relation to those actions or services that affect them and more generally on improving processes and services delivered under the Act. The duty requires that particular consideration be given to the needs of children and young people in care. The bill also specifies that advocacy services should operate independently from other services provided under the Act. I want to note that work on the design of independent advocacy services is currently being carried out in partnership with the philanthropic sector. Any further changes to the legislation needed to underpin the advocacy services will therefore be included as part of the second stage of reforms. This bill also includes duties to ensure that children and young people are encouraged and assisted to participate in any actions and decisions under the Act that may significantly affect them. These duties specify that any views expressed by the child or young person must be taken into account. The duties include that the child or young person be supported to express their views freely when they face any barriers such as those relating to age language or disability. These duties will fall on the person responsible for the relevant proceeding or process under the Act to either perform them or ensure another person has performed them. The bill also includes a new duty on the chief executive to ensure that wherever possible children and young people's views are considered as part of departmental policies and services. This includes views received through the advocacy services. The future operating model for the department will take a far more multidisciplinary approach to child protection work and decision-making and will include a number of broadened functions. The bill amends the CYF Act to vest functions and powers that currently sit with social workers in the chief executive. The chief executive will be able to delegate these functions and powers to employees in the department and elsewhere in the Public Service and also to persons outside the Public Service with the appropriate Minister's prior written approval. This amendment will provide the chief executive with a greater ability to delegate core roles to other professionals when they are equally or better placed to perform them. This change helps to ensure that a broader range of professionals are available to identify and meet the needs of children and young people. I want to acknowledge that social workers will still be the main professionals responsible for carrying out many of the functions specified under the CYF Act. Therefore when functions or powers are being delegated to anyone other than a social worker the chief executive must be satisfied the person is appropriately qualified to exercise those powers or functions. The bill includes additional controls to make sure these functions and powers are exercised competently and transparently. These will cover the delegation of any of the chief executive's existing powers under the Act. First all delegations must be publicly notified on the department's website while those delegations are current. Second if delegating outside the State services the chief executive must be satisfied that appropriate contractual arrangements are in place. In summary this bill represents the first stage of a broad and far-reaching set of changes of how the Government works with our most vulnerable children and young people. These changes will help to ensure our care protection and youth justice systems are child-centred and responsive to children and young people's views and needs. These changes set a foundation for further legislative changes that I expect to introduce later this year. I commend this bill to the House."