Shifting power relations in New Zealand child welfare policy: The process and implications of the 2014 amendment to s13 of the CYP&tF Act

Abstract

INTRODUCTION: The Vulnerable Children (VC) Act 2014 amended section 13 (s13) of the Children, Young Persons and their Families (CYPtF) Act 1989 to re-emphasise the principle that the welfare and interests of the child should be the paramount consideration in child protection proceedings. This study examines the policy process behind the amendment, and investigates its possible implications, in particular its impact on the power relationship between the state and family/whanau.METHOD: Data was collected from semi-structured, confidential interviews with 10 key informants. Key themes were identified using thematic analysis. This was supplemented by document analysis of published and unpublished government papers, consultation papers and local and international research.FINDINGS: The policy process that preceded the decision to amend s13 of the CYPtF Act was controlled by a small policy elite that failed to consult broadly on either the need for the amendment, or its impact on vulnerable children and families. Government gave little consideration to the implications of the policy change, and the policy process used to develop the amendment lacked the characteristics of rational, comprehensive, policy development. No evaluation or monitoring of the policy change has been put in place, despite the known risk that it may result in an increase in unnecessary removals of children from their families/whanau.CONCLUSION: The s13 amendment, while appearing minor, has significant implications for vulnerable children and families and is part of a fundamental re-balancing of power relations in New Zealand’s child welfare policy.

Successes and barriers identified by public health professionals engaging Hispanic communities.

“…Another study exploring rural medical education involved seven KI with extensive experience in the field (Button et al, 2022). Additionally, a qualitative study examining the implications of a child welfare policy collected data from 10 KI (Martin, 2016). These studies demonstrate that sample sizes engaging six to 10 KI can effectively contribute to meaningful data, especially when participants are selected for their specific expertise related to the research topic.…”

Radical practice in a risk-averse environment: Learning from ATD Fourth World UK

“…Families often recount feeling excluded from decisions about their own lives, while parents with experience of the system are rarely invited to share their insights on social work policy reform (Gupta & ATD, 2015;Tobis, 2013). In Aotearoa NZ, commentators have noted similar concerns about family inclusion in CYF processeseven family group conferences (FGC)- (Connolly, 2006;Moyle, 2015), yet the reforms further deprioritise parental participation vis-à-vis the state and professionals (Martin, 2016;Te Wharepora Hou, 2016).…”

“…On this front, the Aotearoa New Zealand reforms are potentially regressive, including the VCA's "subsequent children" provisions, and vagueness surrounding whether early intervention translates into early provision of support, or a fast-tracking of draconian measures. Furthermore, the introduction of the paramountcy principle and the focus on "vulnerable children", suggest movement towards child-centred models (Martin, 2016), which can artificially sever children and their well-being from their relational context within families, pitting parents against children and disincentivising family support approaches vis-à-vis child-rescue initiatives (Featherstone et al, 2014;Gupta, 2015).…”

“…Under the auspices of three successive National-led governments, Aotearoa New Zealand's long-term vision for child welfare has shifted from its hallmark, whánau-led approach towards a risk-averse, individualised blueprint likely to subject disadvantaged families to coercive surveillance and regulation (Hyslop, 2009;Keddell, 2014;Martin, 2016;O'Brien, 2016). Examples include the recommendations of the 2011 Green Paper and the 2012 White Paper for Vulnerable This anxiety demonstrates the fragility of the social work profession's aspiration to promote human flourishing and emancipatory social justice (Hyslop, 2009;Keddell, 2011), highlighting the internal tension within the profession's twin directive to provide both care and control.…”