Nzqa expiring unit standard 20351 version 3




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NZQA Expiring unit standard

20351 version 3




Page of







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, 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 principles – paramountcy principle, care and protection principles, youth justice principles.
1.2 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.
1.8 Participation in law related situations in whānau/family and foster care are outlined.
Range 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.
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 other cultural arrangements for caring for children and young people – Māori, one Pacific nation.
1.10 The concept of differing ages of legal responsibility of children and young people is described and selected ages of responsibility are defined.
Range 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.





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

31 December 2018

Rollover and Revision

2

21 September 2007

31 December 2018

Review

3

16 April 2015

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.


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



Ó New Zealand Qualifications Authority 2016




New Zealand Qualifications Aut





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