"Court in the Act"

The Youth Court; The Children, Young Persons, and their Families Act 1989; And topical issues arising for NZ Youth Justice practitioners

A newsletter co-ordinated by the Principal Youth Court Judge to those involved in the Youth Justice community. Contributions, feedback, letters to the Editor, are not only acceptable, but encouraged

Youth Court Website: http://www.courts.govt.nz/youth/

Issue No. 9, December 2003

Marilyn French

CHRISTMAS GREETINGS

It is appropriate, at this time of year, to thank all of you who have put in such wonderful, dedicated enthusiastic and committed service to our youth justice system. Thank you on behalf of the community for all that you have done. I hope that you can have a very rewarding, fulfilling and relaxing Christmas and New Year holiday. In the midst of the bustle, I hope you will have time to reflect on the real reasons for the Christmas season.

In This Issue...

- National Youth Justice Conference.
- Youth Offending Teams (YOTs).
- Predicted Growth in Youth Offending Figures.
- Christmas Reading?
- Farewell to Jackie Pivac.
- The Story of a Successful Police Youth Aid Initiative in Hastings.
- Specific Learning Disabilities and Youth Offending.
- New Role for Two Manukau Youth Advocates.
- Leave Arrangements.
- Special Feature: "A Regional Youth Justice Workshop. Why Not Organise One For Your Area?"

National Youth Justice Conference

This is now confirmed from Monday the 17th to Wednesday the 19th May 2004 in Wellington, at the Wellington Town Hall / Conference Centre. It will be a significant event. It is a "must attend". So why not diarise now and plan to be there?

Registration brochures will be out early next year.

Youth Offending Teams

As most will know, the joint Ministerial Task Force on Youth Offending produced a Youth Offending Strategy released in April 2002. The Strategy highlighted seven key focus areas, the first of which was "Co-ordination and Leadership". A key recommendation under this heading was for the establishment, for the first time, of a national leadership structure for youth justice in New Zealand. A key part of this structure, in fact the basic building block, is the concept of a local Youth Offending Team (YOT).

30 YOTs have been established throughout New Zealand. Their location and contact details are attached.

The core composition of YOTs consists of two representatives from each of the four key agencies:

1. Police Youth Aid: Police Youth Aid Officer and Youth Aid or Station Sergeant.
2. Child Youth and Family Services: Youth Justice Co-ordinator and Service Delivery Unit Manager
3. Health: Clinician and District Health Board Manager.
4. Education: Group Special Education (or other practitioner) and local Education Manager.

The core purpose of YOTs is to improve inter-agency collaboration between the four key Government service delivery agencies.

The overall aim of YOTs is to co-ordinate service delivery, at a local level, to young offenders.

YOTs: -

• Have oversight of the operation of the youth justice systems in their area.
• "Trouble-shoot" specific issues or service failures.
• Provide a "bottom-up" response to central Government and youth justice issues.
• Have a voice at national level through the Youth Justice Leadership Group, to which YOTs report in writing each month.

Here are some commonly asked questions about YOTs.

Q: Will YOTs discuss individual cases?

A: Originally YOTs were not intended to be a mechanism for individual case management. Increasingly, however, I think their potential is being recognised as a "circuit breaker" to find solutions for particular young offenders who present complex problems that have not been able to be resolved elsewhere in the system. They also provide an opportunity to provide co-ordinated management for particularly difficult cases.

Q: Are YOTs going to include additional members?

A: No. However, in my view, once the YOTs have strengthened the basic relationships between the four key agencies, they should take a role within their area in developing good relationships with all other persons and organisations, both Government and community, who are involved in youth justice. I think they could consider holding regular "regional" hui's / seminars to discuss how the delivery of youth justice services within the YOT area could be improved. (See the "Special Feature" later in this edition).

Q: What do I do if I have a concern about a local youth justice issue?

A: You should contact the Chairperson of the YOT within your area - see attached address list. I am sure the YOT will want to meet with you, and hear of your ideas, contributions or concerns.

"E-Flashes"

- Information you will find relevant. Youth Offending Teams receive regular information from the Ministry of Justice, the lead agency for the organisation of youth justice within New Zealand. Some of these "E-Flashes" are very useful for the wider youth justice community. With the permission of the National Youth Justice Leadership Group, to which YOTs report and from whom YOTs receive this information, I summarise the three most recent of those E-Flashes for your information:

1. E-Flash No. 6 - highlights the Whakatane truancy initiative, which you will find very interesting.

2. E-Flash No. 7 - concerns use of mental health services for children and young persons aged 0-17.

3. E-Flash No. 8 - provides details of the 14 community youth projects throughout the country developed by the Crime Prevention Unit and New Zealand Police.

The first E-Flashes No's 1-5 are more administrative in nature. They are all available from Susan Howan, Convenor, National Youth Justice Leadership Group at the Ministry of Justice or she maybe contacted on Susan.Howan@justice.govt.nz

Predicted Growth in Youth Offending Numbers

Both the predicted growth of young people appearing before the Youth Court, and the actual rates are increasing. The short answer is that the next four years will be particularly challenging for all those involved in youth justice.

The predicted growth in Youth Court numbers is based on the population numbers for the 14-16 age group. The numbers in that group, (the catchment area for the Youth Court), rise very significantly, by up to 20%, between 2000 to a peak in 2007. Assuming that increased numbers of 14-16 year olds will bring about a proportionate increase in offenders (a crude but useful assumption), we can expect a significant increase in raw youth offender numbers. If offending numbers match population growth there will be up to about a 20% increase in Youth Court work in the next three years.

Demographers tell us this prediction will be correct. This is because youth offenders unfortunately tend to come from lower socio-economic families, which are at greater risk. Those are the families where there are greater numbers of 14-16 year olds. Also Māori are disproportionately represented in the youth offending rates and are also significantly over represented, compared to other groups, in population growth rates.

The main message is: we are likely to have significantly more work in the next four years and the Youth Court will be under more pressure than it has ever been in the past. All of this may be in the context of no increase in offending rates per 10,000 population; just an increase in raw numbers.

Already there are significant actual increases in Youth Court work. Informations laid in the Youth Court are the highest for two years. The rolling 12 month volumes are the highest in the last 24 months. In particular the pressure points seem to be in Waitakere, Auckland, Manukau and Rotorua Youth Courts. This is no coincidence because there seem to be high population growths in the 14-16 age groups in all these areas.

As we wind down for Christmas, remember that the rest will be necessary. We will need to "wind-up" for the extra work in the New Year.

Christmas Reading?

Well, not exactly the ideal Christmas read.

Assuming you have read "War and Peace", I can offer you a paper on the New Zealand Youth Justice System, which rivals that novel in length, but not quality. I recently presented it to a conference organised by the Australian Institute of Criminology which analysed lessons to be learnt from the past with a view to providing a youth justice blue print for the future.

Much of the paper simply recites and explains the New Zealand youth justice process and its principles. You may find it useful if you need a detailed summary of our system.

What may be of more interest is a list of 10 Strengths and 10 Weaknesses of our system, which I highlighted. I list them below.

10 Strengths:

1. A "hybrid" model: neither "welfare" nor purely "justice".

2. Treatment of "child offenders" is a care and protection issue.

3. Statutory emphasis on, and success of, Police diversion / alternative action.

4. Limitation on police power of arrest and questioning of children and young persons.

5. Prohibition on charging in non-arrest cases unless there has been "pre-charge" FGC.

6. The "not denied" response as a trigger for a FGC.

7. The Family Group Conference as the "jewel in the crown" of the NZ system.

8. Purely indictable cases may be dealt within the Youth Court jurisdiction.

9. Restriction on imprisonment and "de-institutionalisation" of young people.

10. Designation of Youth Advocates to represent young people.

10 Weaknesses:

1. Insufficient secure Youth Justice residential beds.

2. Insufficient specialist Youth Aid Police.

3. Lack of good statistical information.

4. Systemic failings in Child, Youth and Family Services.

5. Devaluation of the role of Youth Justice Co-ordinators.

6. Problems with FGC's.

7. "Top end" Youth Court sentences now considered inadequate.

8. Serious young offenders.

9. Lack (until recently) of an effective national Youth Justice leadership structure.

10. Lack of co-ordinated early (or earlier) intervention.

If you want the full copy of this paper then please contact my P.A. Jayne Collins at the Chief Judge's Chambers in Wellington on either Jayne.Collins@courts.govt.nz or Ph: (04) 914 3446.

Farewell to Jackie Pivac

All of you will have heard of the resignation of Jackie Pivac as Chief Executive of Child Youth and Family Services. Many of us have come to know her well and greatly enjoyed working with her. Her cheerful and balanced good nature, often under great adversity, was greatly appreciated. Her decision to resign, to allow a new Chief Executive to implement afresh all the recommendations arising from the Baseline Review of CYFS was a courageous one. We wish her well in life after CYFS.

The Story of a Successful Police Youth Aid Initiative in Hastings

As most of you will know, the "diversion" or "alternative action" rate in New Zealand is between 76-84% of all offending. This is a stunning statistic. New Zealand leads the world in the number of apprehended youth offenders who do not formally enter the youth justice system as a result of charges in the Youth Court.

This is because of the committed, creative, and dedicated efforts of the 170 Police Youth Aid Officers in New Zealand.

At the recent Hastings Youth Justice Workshop I was very impressed to hear of a Police Youth Aid initiative which works with talented young graffiti artists. It was pioneered by Constable Sue Guy, of Hastings Police Youth Aid, drawing on a variety of community resources. I asked Constable Guy to provide a detailed report, which she provides as follows:

"Here is a brief summary of Te Ao Marama - "The Enlightened World".

Te Ao Marama started up in May 1999 after frustration by police youth aid that there was nothing in Hastings for young people who had had talent in artwork - in particular graffiti art. I got together with the Head of the Art Department at a local boys high school, a community youth worker (Anglican Church) and a very talented young Mäori Artist in his final year of his degree. Together we started up Te Ao Marama Graffiti Art.

The youths were chosen mainly via police youth aid and were kids who had come to our attention for "tagging" and other crimes. We also had a couple of "at risk" youth, and referrals from a local CYPFA family home. The kids all had one thing in common: they were all good at art, but had nowhere to practice it apart from obviously all around town on buildings and fences.

We started off with about 12 youth (we now have up to 35 a night and it is bedlam!) The youths are picked up in vans, taken to the centre where thy are let loose with paints and boards. We also feed them while they are there as they are typical ravenous teenagers.

So far we have had three exhibitions, our first in November 2000, we had the Prime Minister turn up which was a huge "buzz" for the youth and there was some very proud parents and whanau! We have had our work published and some of the children's art is hanging in Parliament and over in Australia. The youth have portfolios and we help prepare C.V.'s for them. We have recently added a WINZ worker to our list of volunteers; she helps with employment with some of our older kids.

About a year and a half ago we asked the young people what else they wanted. The results are screen printing courses that run on Monday evenings, and fashion and design courses (we had a fashion show for these, which was awesome). Last month we started upa "anger management" class - using drama as the vehicle.

It has been very rewarding as a youth aid officer to see the change in the youth over the years I have known them. Most start off with "staunch" attitudes - (I am a "pig") and not too popular, because I have basically made them come as part of their police diversion, FGC contract or Court order. Some only "grunt" for the first couple of weeks, other staff have no idea what they look like for the first couple of months because they have beanies on, or their hoodies pulled down. Once the young people realise their potential, gain confidence and self esteem, there is no stopping them! It is sometimes a problem knowing who to drop off last, as they want to talk about problems - be it domestic violence, or advice on STD's etc. (I also get to hear rap music at great decibels!).

Seeing the young people on a weekly basis has its benefits - it is easy to keep your eye on our younger truancy kids. They get a hard time if they haven't been to school that week! We have also built up a relationship with the parents, who are often gang members, as they see the benefit it has been to their young ones.

Other offshoots of Te Ao Marama, have been taking kids on trips to Wellington (art exhibitions), drama workshops, we recently took some of the youth from Te Ao Marama to Fiji for 17 days to work in the villages, building, paining, and doing murals in the churches, halls. Etc. We slept on concrete floors and the kids soon realised that perhaps life in NZ is not so bad after all.

I guess in conclusion, the main rewards as a youth aid officer is seeing these young people grow in self-esteem via their artwork. We provide a safe environment for it to happen, and a place to do it where it is socially acceptable, and not on someone's fence or wall. We also encourage young offender to use their talents as offerings to victims. Lastly we provide a place for young people to challenge themselves, and give young people the chance to do things that they would never normally experience (i.e. Fiji, exhibitions etc.)"

Specific Learning Disabilities and Youth Offending

Some of you will know of the Learning and Behaviour Charitable Trust, pioneered by Moira Buchanan. The Trust aims to publicise the plight of children with specific learning disabilities and to provide expert interventions.

The Trust emphasises that recent research shows that young people with ADHD and Dyslexia are over represented in juvenile crime (by 80%), youth suicide (by 31%), and substance abuse (by 80%). Internationally, a large percentage of prisoner (approximately 50%) have been shown to be dyslexic.

Next year the Trust is arranging for Jane Kirk of the University of Edinburgh, Scotland to visit New Zealand in March focussing on specific learning disabilities and offending.

Further information can be obtained from Moira Buchanan Ph: (04) 567 8781 or lbctnz@slingshot.co.nz .

New Role for Two Manukau Youth Advocates

The Manukau City Council has appointed two well-known South Auckland Youth Advocates to be appointed child and youth advocates for the Manukau region. Sanda Alofivae and La-Verne King have been appointed to the positions, under three year contracts, funded by the Manukau City Council, Child Youth and Family Services, the Ministry of Education, and Work and Income. A recent article in the Manukau Courier stressed that the two would work with Government agencies to reach objectives aimed at lifting the status and profile of the region's children and young people.

This is a quite new role for Youth Advocates, and for these two Advocates both of whom grew up and live in South Auckland. Perhaps it represents a new commitment by local Government to address youth offending issues regionally. The Christchurch City Council and the Hastings District Council have already developed local youth offending plans.

My Leave Arrangements

I am taking extended leave / sabbatical from the 18th of December 2003 until the week beginning the 9th February 2004. In my absence, Judge John Walker from Wellington will be handling all issues and matters that arise. He can be contacted care of my office for all urgent enquiries or concerns. Jayne Collins, my P.A. will be back at work as of the 12th January 2004.

SPECIAL FEATURE

A Regional Youth Justice Workshop. Why Not Organise One For Your Area?

These were both excellent initiatives that were both very well attended. They concentrated on local problems, local challenges, and local solutions. I asked two senior youth advocates, each of whom were on the organising committee in their respective regions, to provide a detailed report of how and why their workshop was organised and what was achieved.

Why not consider taking the initiative to organise a regional youth justice conference in your area? It would be good to consult with the local YOT and also to involve YOT members in the planning.

Here is the first report, from Alister James, about the Christchurch youth justice workshop, which was organised by Christchurch Youth Advocates. A copy of the programme can be obtained from Alister James

"Christchurch Youth Advocates organised a successful full day workshop titled "Achieving Best Practice" held on Friday, 29 August 2003. There was a very good attendance from Youth Advocates, Police Youth Aid Officers, Youth Justice Co-ordinators and Social Workers and Youth Workers from many community agencies. Several Youth Court Judges attended and Chief Youth Court Judge Andrew Becroft was a keynote speaker.

Judge Becroft was the opening speaker and his presentation on the issues relating to Christchurch and areas of concern set the scene for following presentations which included education, job training and employment, adolescent health and alcohol and drug issues. The presentations included panel discussions and an interactive presentation from Dr Sue Bagshaw supported by a group of young people from 198 Youth Health Centre.

Ruth Dyson as Minister with responsibility for Child, Youth and Family Services spoke on recent initiatives and the concern relating to the inadequate number of secure bed facilities.

There was a positive response from those attending and encouragement to repeat such workshops on an annual basis. It is intended to hold another workshop in 2004 and with experience, we can improve on the format. There was value not only in an increased awareness of the available programmes and services but in the networking during the morning, afternoon and lunch breaks, particularly as some attendees met others, with whom they had previously only had telephone contact.

The workshop was not difficult to organise and we were pleased at the willingness of those who made presentations. The registration fee was $50.00 which included the lunch, morning and afternoon refreshments. It adequately covered the costs and we made a small profit. We would encourage other districts to organise similar events.

There have been other spin-offs arising from this workshop. A display unit is being erected in the waiting area adjacent to the Youth Court and will contain a range of pamphlets and other information on youth services and programmes. A publication titled "Interrupting the pathway to offending resource directory" is also being produced for printing next May and providing information and advice for people working with children and young people in all developmental phases from pregnancy onwards who are at risk of progressing into offending behaviour. A web site is also being developed that will compliment the publication and provide up to date information on programmes and services."

Here is the report from Don Kennedy regarding the Hawkes Bay youth justice workshop, which was organised on a "inter-agency" basis. The unparalleled Henare O'Keefe of "Hip Hop Cop" fame, the one and only "Ambassador of Love", and recently 50 years old, was a memorable M.C.

"REPORT ON ONE-DAY YOUTH JUSTICE CONFERENCE HELD AT HASTINGS ON 29 OCTOBER 2003

On the 29th October, a one-day Youth Justice Conference, was held in Hastings, with the theme, "Youth, A Waste Of Time?' For approximately 18 months, a group of persons working in youth justice, have been meeting quarterly, to share information and concerns that arise from the work we do with youth in the Hastings area.

A successful Youth Justice conference had been held in Hastings about six years ago, and at one of the quarterly meetings, I suggested the time was ripe, for another locally- run, conference. The idea was met with enthusiasm, and a committee consisting of Tuterangi Apatu and Johnson Warner (Youth Justice Co-ordinators), Mike O'Malley (Social Worker), Ross Stewart and Sue Guy (Police Youth Aid) and Don Kennedy (Youth Advocate), was formed, to organise the conference.

Why did we hold the conference?

The main aim was to bring together the professionals and personnel who work daily with youth, who are either already in trouble with the law, or are in need of care and protection, and therefore vulnerable to the temptation to commit crime. We wanted to have local participation, but invite guest speakers, who would encourage attendance at the conference. The provocative theme was chosen to throw out a challenge to participants, to demonstrate that youth do matter, and that we care what happens to them. A bit of reverse psychology, if you like!

It was felt that individually, we might all go off to different conferences, sometimes internationally, or attend courses, often with little feedback and the sharing of information, on a local level. The committee saw this one-day conference, as an opportunity to have input directly from those working with wayward or challenged youth, on a daily basis. A problem shared is a problem partly solved, in that respect. It was a gathering of the main players of youth justice, and an opportunity to network. Names now had faces. Organisations were given an identity. Representatives could have a voice. The chance to pool all the resources under one roof, and establish contacts and make connections, is invaluable, and will help us all in working with youth, and attempts to make a difference in young lives.

Who came?

We were very fortunate to be able to persuade two of the most influential workers, and speakers, in the youth arena, to attend conference, namely His Honour, Judge Andrew Becroft, the Principal Youth Court Judge, and the Hon. John Tamihere, the Minister of Youth Affairs. Both proved to be eloquent and effective speakers, and their comments received media coverage around the country.

Judge Becroft provided some statistics, to indicate that youth crime is not as prolific, and the picture as bleak, as the media might report from time to time. But he also highlighted some problem areas, including the lack of residential bed space for the serious offenders, noting that police cells are inadequate for remands. His Honour also questioned how satisfactory supervision with residence orders, were. He then flattered those working locally in youth justice, by referring to Hastings as being one of the ‘'flagship areas'' for youth justice.

The audience soon warmed to John Tamihere, who delivered an address that, was effectively off the cuff, putting aside the typed notes prepared by one of his support staff. The often outspoken, but recently ‘reigned-in' Minister, made no bones about his concern at the statistics that show Maori as making up to 80% of the list of offenders. He referred to the Maori incarceration rates, "as a tragedy", and emphasised the need for a set of values in the community, including mutual respect and standards. For leadership in that area, he need look no further then our Master of Ceremonies for the conference, Henare O'Keefe, the fittingly, self-proclaimed "Ambassador of Love."

I have little doubt that having two such high-profile speakers, not only lifted the standard of our conference, but also inspired other presenters to ‘raise their game', and come up with some initiatives and thoughts, that will aid the cause of fighting youth crime.

Constable Sue Guy spoke of a recent trip to Fiji, which was anything but a holiday. Apart from her normal ‘Youth-Aid beat', Sue is part of a group who work behind the scenes encouraging youth in various activities, including artwork and murals, to spread the word, internationally, that occupying the spare time of youth, and encouraging their talents, is one way to overcome boredom and the temptation to become involved in illegal or destructive vices, such as drugs. Des Ratima made a passionate plea for developing close community networks for our young people. His community of Whakatu, which has experienced the loss of jobs, and mana, through a large factory closure, has fought back to foster a community spirit that entices young people back to a safe and positive community. He described youth in this 'scheme'; as being similar to homing pigeons.

We also had two young persons in attendance, who spoke of their personal experience in the youth justice system, and how they had, with police and social work assistance, turned their life of crime and turmoil, around. They spoke of learning to respect their elders and the help they received.

The conference had representatives from Child Youth & Family, Police Youth Aid, Youth Advocates, Hastings Truancy service, various Social Services agencies, City Councillors, Parentline, and Youth Programme co-ordinators. Neil Cleaver, the National Manager of Co-ordinators for Child Youth & Family, was also present, and formed part of a panel for a plenary discussion, at the end of the day. Judge Becroft, Senior Constable Ross Stewart, and Don Kennedy, were also part of that panel, and the lack of supervision, post-sentencing of youths, was one of the hot topics.

The diverse range of personnel present at our modest conference, who could be deemed as representing a cross-section of social services in our community, ensured a successful conference, as well as providing some assurance that we have the resources in the community, to grapple with the problems faced by our youth. We do, however, need to know there is the funding, and the ability for the various agencies, to interact and cooperate, to make sure youth are cared for, supervised and monitored.

What advantages were there, in holding the conference?

The committee feel that the main advantage was bringing together in one place, most of the key personnel, who work in the Youth Justice area. We would like to have seen the Judiciary, in addition to the Principal Youth Court Judge, in attendance, but unfortunately, despite setting the date well in advance, this turned out to be a busy court day in both Napier and Hastings, and our warranted Youth Court Judges could not attend. For a similar reason, court staff were unable to be present.

However, from the diverse range of attendees, we have been able to formulate data on those who work in youth justice, and we intend circulating this list, subject to the Privacy Act, of course, so it will be easier to contact one another, as the need arises. In addition, although we possibly believe we all know each other, and the work we do, it is surprising just how many people are out there, doing similar work, yet the paths may seldom cross. The forging of links is important, and the network established from a conference costing just $10 per head, is invaluable.

The conference venue was a public one, namely the Hastings District City Council chambers. This gave it a high profile, with the city officials, and with school cultural groups providing entertainment during breaks from plenary, the feeling of community togetherness was apparent. As with most conferences, even a relatively short one like this, the opportunity to meet other people and share information, ideas and concerns, cannot be overlooked. The social interaction is most important, and I am sure the chance to rub shoulders with national youth leaders, like Judge Becroft and John Tamihere, was a major draw-card for us all in Hawkes Bay. We take some pride in attracting such well known identities, to our hui, without having to charge our attendees an exorbitant amount for the privilege.

On behalf of all those who strive to keep the youth justice' flagship' of Hawkes Bay, afloat, I would like to thank the Judge and the Minister for giving up their valuable time to attend. We have taken advantage of their expertise, and in turn, we would like to think they went away with positive thoughts from our forum. Many of us have a vested interest in the youth of tomorrow, and learning from each other, sharing information, and putting it into effect, is possibly the best practice.

I hope our conference has given us all some hope and inspiration, in an area of work that is challenging, frustrating and at times, simply depressing. But it can also be rewarding, when we ‘save' young persons from a dubious future. Indeed, our Ambassador of love, Henare O'Keefe, would respond, let the love flow! ‘H', as he is affectionately called, would encourage you all to be caught in the act of spreading love and goodwill. Let's hope this theme is adopted, when the National Youth Justice Conference is held in Wellington on May 17-19 2004."

Youth Offending Team Locations and Contact Details
Valid 28 October 2003 to 31 December 2003