NZQA Expiring unit standard
20351 version 3
Page 1 of 4
Title
Describe laws related to whānau/family and foster care
Level
4
Credits
6
Purpose
This is a theory unit standard for carers in whānau/family and
foster care. People credited with this standard are able to
describe laws related to whānau/family and foster care.
Classification
Social Services > Whānau/Family and Foster Care
Available grade
Achieved
Entry information
Critical health and
safety prerequisites
Open.
Explanatory notes
1
People awarded credit in this unit standard are able to outline the meaning of the
articles of Te Tiriti o Waitangi and the relevance of Te Tiriti o Waitangi to social
service work, and are able to apply this competence to the context of assessment for
this unit standard (for further clarification, please refer to Unit 19408, Outline the
meaning and relevance of Te Tiriti o Waitangi in social service work).
2
Glossary
Approved agency means an agency that has been approved under section 396,
Children, Young Persons, and Their Families Act 1989.
Carer means a person who is a custodial carer providing care for a child or young
person from their own whānau or family, and/or a person who is providing foster care
for a child or young person placed with them by an agency approved under section
396, Children, Young Persons, and Their Families Act 1989. In the context of this
unit standard, carers do not include adoptive parents or birth parents.
Other legal issues impacting on carers in whānau/family and foster care may include
but are not limited to: civil liability, use of the law as a threat, Privacy Act 1993,
Trespass Act 1980, Telecommunications Act 2001.
Pacific nations refers to the main Pacific Islands represented in Aotearoa New
Zealand; namely – Samoa, Tonga, Cook Islands, Niue, Tokelau, Fiji, Tuvalu,
Solomon Islands, Kiribati.
Whānau/family and foster care includes kinship care, whānau care, foster care, and
foster homes.
3
Legislation related to whānau/family and foster care may include but is not limited to:
Care of Children Act 2004, Children, Young Persons, and Their Families Act 1989,
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
20351 version 3
Page 2 of 4
Crimes Act 1961, Domestic Violence Act 1995, Family Proceedings Act 1980, Human
Rights Act 1993, Privacy Act 1993.
4
Resources
Pawson, Marcus. 2002. (3rd ed.). Youth and the law: A comprehensive guide to the
law relating to youth, from birth to adulthood. Wellington: Educational Resources for
Legal Resources Trust.
Outcomes and evidence requirements
Outcome 1
Describe laws related to whānau/family and foster care.
Evidence requirements
1.1
The objects and principles of the Children, Young Persons, and Their Families
Act 1989 are described.
Range
1.2
principles – paramountcy principle, care and protection principles,
youth justice principles.
The legal status of children and young people in care is defined, and
guardianship, custody/day-to-day care, and adoption are distinguished from
each other.
Range
legal status – care agreements; guardianship; custody/day-to-day
care, adoption.
1.3
The concepts of permanency and significant psychological attachment are
described in terms of the Children, Young Persons, and Their Families Act 1989
and current whānau/family and foster care practice in one approved agency.
1.4
Access/contact is described in accordance with laws related to whānau/family
and foster care.
Range
access – family agreements for access/contact, court ordered
access/contact, supervised access/contact, whānau/family rights
to access/contact.
1.5
The legal standing of carers is described in accordance with laws related to
whānau/family and foster care.
1.6
The legal concept of paternity is described, including presumption of paternity,
denial of paternity, and means of resolving paternity disputes.
1.7
Other legal issues impacting on carers in whānau/family and foster care are
outlined.
Range
evidence is required of two legal issues.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
1.8
Participation in law related situations in whānau/family and foster care are
outlined.
law related situations – appearing in court as a witness; appearing
in court as a support person; differences between participation in
District Court and Family Court proceedings; attending a care and
protection Family Group Conference; attending a youth justice
Family Group Conference; participation in a care plan review.
Range
1.9
Legal procedures related to whānau/family and foster care are compared with
other cultural arrangements for caring for children and young people.
Range
1.10
20351 version 3
Page 3 of 4
other cultural arrangements for caring for children and young
people – Māori, one Pacific nation.
The concept of differing ages of legal responsibility of children and young
people is described and selected ages of responsibility are defined.
selected ages of legal responsibility – abortion, babysitting,
entering into contracts, gambling, compulsory education, leaving
home, marriage, obtaining a driver's licence, dealing with the
police and criminal justice system, purchasing alcohol, purchasing
tobacco, consensual sexual activity, voting.
Evidence is required of four.
Range
Replacement information
This unit standard was replaced by unit standard 28552.
This unit standard is expiring. Assessment against the standard must take place by
the last date for assessment set out below.
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
24 November 2003
Rollover and
Revision
2
21 September 2007
Review
3
16 April 2015
31 December 2018
31 December 2018
31 December 2018
Consent and Moderation Requirements (CMR) reference
0222
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
20351 version 3
Page 4 of 4
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMR). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
Community Support Services ITO Limited
SSB Code 101814
 New Zealand Qualifications Authority 2016