FAMILY GROUP CONFERENCES - GENERALLY WHEN THEY OCCUR Family Group Conferences are the lynchpin of the New Zealand youth justice process. They occur in several situations: If Police seek to lay a charge (and there is no arrest) Where charges are laid and are “not denied”. In addition: When Police believe a child or youth offender needs care and protection because there is serious concern for his or her wellbeing due to the number, nature and magnitude of a child offender’s offending; When a charge is admitted or proved in the Youth Court and there has been no previous opportunity to consider the appropriate way to deal with the young offender; and Any other time a Youth Court considers it necessary or desirable. ENTITLED ATTENDEES (5) Attendees include: Police; Young person; Parents/guardians of the young person; Wider family of the young person; Youth advocate (if it is a court directed FGC) (see paragraph 5 (“Charge Laid in Youth Court” for more information); Often, a social worker; Most importantly, the victim or victims; and Any other person whose attendance is in accordance with the wishes of the family, whānau, or family group of the child or young person. WHAT HAPPENS AT THE FGC Expert reports dealing with education, health and welfare and other topics may be available at the FGC. The FGC must first ascertain whether the offender admits the offence. If he or she admits it, the conference proceeds. If not, the case will be referred back to Court. At the FGC the offender, together with his or her family, is required to propose a plan aimed at addressing past offending, repairing present harm and meeting future needs. A range of outcomes are available to the offender and his or her family (6). Generally, suggested outcomes must be “necessary or desirable in relation to the child or young person” and must “have regard to the [youth justice] principles set out in..[the CYPF] Act.”(7) More specifically, and depending on the purpose of the Conference, the plan can make a number of recommendations. The offender and his or her family, together with youth justice professionals who attend the conference, use the information obtained from earlier discussions in the FGC to formulate an appropriate plan. The offender’s participation in its formulation is intended to create a feeling of ownership of it, thereby increasing
FAMILY GROUP CONFERENCES - GENERALLY WHEN THEY OCCUR Family Group Conferences are the lynchpin of the New Zealand youth justice process. They occur in several situations: If Police seek to lay a charge (and there is no arrest) Where charges are laid and are “not denied”. In addition: When Police believe a child or youth offender needs care and protection because there is serious concern for his or her wellbeing due to the number, nature and magnitude of a child offender’s offending; When a charge is admitted or proved in the Youth Court and there has been no previous opportunity to consider the appropriate way to deal with the young offender; and Any other time a Youth Court considers it necessary or desirable. ENTITLED ATTENDEES (5) Attendees include: Police; Young person; Parents/guardians of the young person; Wider family of the young person; Youth advocate (if it is a court directed FGC) (see paragraph 5 (“Charge Laid in Youth Court” for more information); Often, a social worker; Most importantly, the victim or victims; and Any other person whose attendance is in accordance with the wishes of the family, whānau, or family group of the child or young person. WHAT HAPPENS AT THE FGC Expert reports dealing with education, health and welfare and other topics may be available at the FGC. The FGC must first ascertain whether the offender admits the offence. If he or she admits it, the conference proceeds. If not, the case will be referred back to Court. At the FGC the offender, together with his or her family, is required to propose a plan aimed at addressing past offending, repairing present harm and meeting future needs. A range of outcomes are available to the offender and his or her family (6). Generally, suggested outcomes must be “necessary or desirable in relation to the child or young person” and must “have regard to the [youth justice] principles set out in..[the CYPF] Act.”(7) More specifically, and depending on the purpose of the Conference, the plan can make a number of recommendations. The offender and his or her family, together with youth justice professionals who attend the conference, use the information obtained from earlier discussions in the FGC to formulate an appropriate plan. The offender’s participation in its formulation is intended to create a feeling of ownership of it, thereby increasing