A Femi Court judge has ruled that a traumatized and neglected Maori girl will remain in the care of her foster parents, and criticizes Oranga Tamarki for prioritizing ideology over the best interests of a child. Of
The case concerns a six-year-old girl. The couple has been living in a safe, healthy, loving environment in rural Hawke’s Bay for almost three years..
Oranga Tamariki / Ministry of Children and the girl’s Ivy wanted to remove her because they did not think the couple could meet her cultural needs.
He wanted a girl (called “Mawana”). Equipment. Stories about the case), with an elderly Maori woman and her daughter (the “Taipa” family), who live in Wellington and look after Mawana’s younger brother.
* In the Oranga Tamariki case, the judge praised his seniors for reprimanding him.
* In Oranga Tamariki case, the judge reprimanded the senior judges for interfering.
* Judge Oranga Tamariki criticized vulnerable children who have been staying in hotels for over a year.
During two hearings earlier this year, Judge Peter Kalinikos heard petitions from Oranga Tamariki and foster parents (referred to in the stories as “Smith”).
Mawana was removed from her mother three times in the first three years of her life. Her mother was pregnant with her fifth child when Mwana was removed from her care. It was placed with a mature couple living in rural Hawke’s Bay in September 2018 when Oranga Tamariki did not find it suitable or available to pick her up.
But then after three stable years with the couple, Auranga Tamariki and the girl’s Ivy wanted to remove her because they didn’t think the couple could meet her cultural needs.
In a ruling issued on Thursday, the judge rejected Oranga Tamariki’s plea and ruled that Mawana would remain with Smith. He has appointed Mr. Smith and Mrs. Taipa as guardians of Mawana with his birth mother and has ordered that Mawana will spend several weeks a year with Taipa.
The 145-page ruling includes strong criticism from Oranga Tamariki, its chief executive and several of its staff, although the judge said his intention was to cross over the facts that give rise to the situation, and not criticize it.
The judge was particularly critical of the failure to recognize the need for honesty and accuracy when compiling legal reports of Oranga Tamariki staff members, and concluded that social workers attach little importance to documents that focus on child welfare. And are important for well-being.
He attributed most of the agency’s failures to the decisions of a junior social worker, whose unchecked views against Smith influenced the views of other staff.
“The evidence is overwhelming to show that from the very beginning of his role, his decision was influenced by the view that, apart from all the other facts and principles, Maori children are Maori caregivers. Should be with. “
Judge Kalinikos said the ideal goal is to have children from a particular cultural group with caregivers from the same family or cultural group, but “unfortunately this is sometimes not achievable”. The main flaw of such a doctrinal approach, he said, was that it inevitably diverted attention from what was best for the child.
The judge added that other staff at Oranga Tamariki’s Napier office had also been criticized and that there was “overwhelming evidence” that they were not open with Smith or Types.
The judge said he recognizes and respects Nghiti Kahungunu leader Ngahiwi Tomoana’s man, and Tomoana’s views that all iwi’s children should be cared for within the ii, but based on legislation and principles. He had to make a decision that required a comprehensive approach
As long as Parliament does not give the legal effect that IVI ideas are the starting and ending points, it should be determined with reference to general factors in legislation, including taking into account important cultural perspectives. “They said.
The judge praised Ms. Tipa, who was an “inspiring and insightful witness” and showed “absolute dignity and respect”. Smiths was similarly praised for his dignity and calm.
The judge said Aurangzeb wanted to criticize Smiths for failing to meet Tamariki Mawan’s cultural needs, while doing nothing to help him.
He said there was strong evidence that the agency had failed to provide Smiths with any assistance in enhancing their cultural potential, and that it had ignored their requests for more information on Mauna Kea and Wakakapa. done.
Oranga Tamariki claims that Smith was “taking off”. [Moana] He said there was no basis for his vows, and the ministry was well aware of Smith’s cultural abilities when it chose to keep Mawana with them.
He said, “A reputable agency will look into its own role in any failure rather than remove it from extreme danger, all the trauma that comes and hurts the child with care and subjects.” “
He said there was flexibility in Aurangzeb Tamariki’s position that Mawana had been removed from Smiths, indicating that the agency was either unable to “see the wood for the trees” or that “results focused on viable children.” Driven by more than ideology “, or both.
“In any case, I was disappointed to see the final position of the ministry,” he said.
In the end, the judge acknowledged that Mawana would receive high-quality care and love if she was kept with Taipei Wanao, but the evidence suggests that if she was transferred, her established relationship with Smith There is a risk of disruption. Them.
The judge said Mwana suffered a lot in his early years, and that “the risk of reversing the gains made in three years is real and it is almost impossible to make a reliable estimate at this stage.”
He chose a path that would allow Mawana to benefit from Smith’s “love, stability, care and parental competence,” as well as Taipei’s “strong and capable connections to” Whakapa and Wonongatanga (kinship) “). Will be able to benefit.
Judge Kalinikos said he expects Aurangzeb to provide support and services to Tamariki’s chief executive, Smith. [Moana]”.
He said that Mawana now has a chance to explore its transcendental dimension, and he deserves a safe and stable path to ensure that he grasps the tools of both cultures: no Just one of them.
Because Smith was successful in the orders he asked for, with some modifications, he was entitled to apply for expenses. They left it to the parties to negotiate.