Shifting power relations in New Zealand child welfare policy: The process and implications of the 2014 amendment to s13 of the CYP&tF Act
DOI:
https://doi.org/10.11157/anzswj-vol28iss2id223Keywords:
Vulnerable Children's Act 2014, Children Young Persons and their Families Act, paramountcy of the child, rational-comprehensive policy development, powerAbstract
INTRODUCTION: The Vulnerable Children (VC) Act 2014 amended section 13 (s13) of the Children, Young Persons and their Families (CYP&tF) 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 This was supplemented by document analysis of published and unpublished government papers, consultation papers and local and international research.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 CYP&tF 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.
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