SunLive – Teenage criminals sitting in routine police cells

A judge forced Oranga Tamariki to find a bed for a 14-year-old facing a second night in police cells because there was nothing available in a youth justice unit.

Judge Paul Geoghegan found himself ‘between a rock and a hard place’ in finding a solution for the girl this week after she appeared in his court on charges of violence and theft and was deemed a risk to both herself and other. .

There were no beds available in a youth justice residence when she was first arrested, so she spent Wednesday night in the cells. in Tauranga.

On Thursday morning, when she was brought back to the Youth Court, her lawyer said Oranga Tamariki had yet to find a bed for her in a youth residence.

Judge Geoghegan said he was “frankly shocked” to learn from statements made in court that “it is not unknown for social workers to have to live with young people … and also that from time to time, social workers, due to lack of adequate accommodation, have to spend time sleeping in the office (Oranga Tamariki)”.

The judge, with the support of the lawyer, then ruled that the girl would be released into the custody of Oranga Tamariki at the end of the day and it would be up to the organization to find a solution.

It was expected that with the added pressure a bed would be made available.

The teenager’s lawyer, the judge and social workers involved in the case were clear that if Oranga Tamariki could not find a bed, it would result in an unheard of outcome.

“From the discussion I had with (the social workers) it appears that, in the absence of that (bed), there would be a situation where (the social worker) might have to live, albeit temporarily, with (the 14-year-old’s bed) . -old), in motel accommodation,” said Judge Geoghegan.

He said that to say this was unsatisfactory was “an understatement”.

“They don’t have facilities”

The teenager’s lawyer, Rachael Adams, told NZME yesterday that a bed had been made available, but it was in Palmerston North and the girl had to be flown there on Thursday afternoon.

Adams said it was not the first time he had seen a judge force Oranga Tamariki’s hand.

“The judge, having the courage to put Oranga Tamariki in custody, (expected) them to be responsible and take responsibility. And they actually found him a bed.”

In her opinion, if the judge had not given the order, Oranga Tamariki would not have acted and the girl would have spent other nights in the cells.

She did not know how a bed was made available, but believed it likely involved moving a low-risk resident into supervised and community-monitored placement.

This has had its own problems in terms of moving young people around the country and away from their support networks.

Adams said the fundamental problem appeared to be that Oranga Tamariki did not have the resources, especially the number of beds, to carry out its basic tasks.

“It’s not that OTs are deliberately obtuse or difficult. They just don’t have the facilities and you have to put that kind of pressure on them to get them to do the facilities.”

As for the back-up of a social worker left with a young person in their direct care, she said it was “appalling”.

“A social worker…instead of going home to her children, should be spending the night in an Oranga Tamariki office on a stretcher, watching over and being responsible for a troubled, violent and insecure young woman…what a terrible request to to put in a social worker.”

She said young people held in police cells were a problem for their safety and mental health.

However, it had become so “routine” to see them spend at least one night in the cells that not much fuss was made.

A second night for a young woman was less common, but “hardly unknown.”

Because he was such a risk to the young man while in custody, police kept him under constant surveillance, with lights on and no privacy, she said.

At a youth residence, which was more of a secure boarding school, young people had a room with adequate bedding and mental health support.

“They can turn off the lights at night … there’s a very good staff-to-youth ratio so they’re being watched, but they’re not in a cell with Plexiglas walls being watched like a goldfish in a bowl. .”

However, Adams had no doubt that it was politically unpopular to pour resources into youth justice residences, even though more beds were needed.

“Nobody wants another youth justice residence built in their neighborhood,” she said.

Oranga Tamariki’s National Director of Youth Justice and Residential Care Services, Iain Chapman, said when a young person was arrested and in Police custody, they tried to find an alternative placement as soon as possible.

“Occasionally” there were challenges with how quickly this happened.

“If an admission request becomes urgent, it is passed on to senior management to ensure there is constant review and the team explores all possible placement options throughout the day,” Chapman said.

There were 183 beds in secure residences and 89 beds available in community homes (including care and protection, remand and bail homes).

Each had a “safe operating capacity,” meaning the capacity could be less than the total number of beds in the youth justice residence.

Motels were used for placement only as an absolute last resort.

Oranga Tamariki said he could not comment on specific cases without a confidentiality waiver and did not clarify when or how often social workers stay overnight in his offices with youth.

Children’s Minister Karen Chhour said she was unable to comment ahead of publication as she was travelling.

This story involved Youth Court proceedings which are subject to statutory suppression orders. NZME was given permission by Mr Justice Geoghegan to report aspects of the proceedings in the interests of open justice.

Hannah Bartlett is an Open Justice reporter in Tauranga at NZME. She previously covered court and local government for Nelson Mailand before that he was a radio reporter at Newstalk ZB.