When ‘family-first’ ends in tragic failure
Jermain Ngawhau’s grandmother, Kathleen Cooper, was meant to care for him. But like too many other young Kiwis, the tough love shown to him by his caregiver ended his life.
Cooper, 65, was convicted of the 2-year-old’s murder at the High Court in Auckland on Tuesday.
She was granted custody of Jermain and his three siblings by Child Youth and Family in 2014.
The court heard how Cooper, a meth user, was never going to be able to cope with Jermain. The case highlighted the need for more support for kin-carers who – under the long-standing whanau-first policy – are prioritised when a child is removed from their home.
The controversial policy made headlines earlier this year as it was omitted from the new Oranga Tamariki Act 1989 as part of an overhaul of Child, Youth and Family. After the backlash, it was reworded and reinserted.
But Kate Bundle, from Grandparents Raising Grandchildren (GRG), says Cooper’s case was a perfect example of that policy gone wrong. The problems aren’t so much with the legislation, she said, but with its resourcing and support.
Cooper gained custody for her four grandchildren, all under the age of 5, after her daughter became incapable of looking after them. Jermaine had developmental issues which seemed to frustrate Cooper. In November 2015, Cooper lost her temper with the toddler, throwing him down the hallway of her flat. His head injuries were so severe he died five days later in Starship Children’s Hospital.
This case demonstrates the need to prioritise the child’s safety when being placed in a new home, Bundle said.
‘‘We have big questions about what support there was for Cooper, who was caring for four children under the age of 5. Was there any ongoing monitoring by Child, Youth and Family? She was not a member of GRG, did anyone tell her about us?’’
Too often, family members putting their hands up to care for vulnerable children were not being given the proper support by the state. Bundle also said some social workers encouraged family members to take custody without a full intervention taking place.
She felt encouraged by the changes at Oranga Tamariki and its child-centred mandate, but said the questions around Cooper’s case still needed to be answered.
‘‘This situation is on par with cases like young Moko [Rangitoheriri] and Nia Glassie. You have to understand what went wrong in order to try and make sure it does not happen again and get it right.’’
The expert advisory panel’s interim report showed a whanaufirst approach under the old legislation wasn’t working: ‘‘In 2010, 23 per cent of children who exited care and returned to their biological parents were re-abused and 10 per cent of those who exited care to kin or whanau placements were re-abused within 18 months. By contrast, re-abuse rates are 1 per cent for those exiting care in nonkin or non-whanau placements.’’
The new child protection legislation was passed into law last month. But before it was, omitting the long-held policy of placing children with whanau first as part of the overhaul of Child, Youth and Family was a controversial move.
An expert advisory panel tasked with overseeing the development of the new Ministry for Vulnerable Children Oranga Tamariki instead put emphasis on the child’s safety as underpinning the new state care operating model. But Maori leaders spoke out against the change, with Maori Party co-leader Marama Fox saying the party would oppose the legislation if the Government refused to make changes.
While Prime Minister Bill English at the time said the Government didn’t intend to make any major changes to the legislation, Social Development Minister Anne Tolley later said it was clear the new wording was not right.
Eventually, the whanau first policy was reinserted, albeit with slightly different wording. (While the old legislation said ‘‘priority should be given to family, whanau, hapu, iwi and family group as caregivers’’, the new Oranga Tamariki Act 1989 uses the word ‘‘preference’’.)
As the bill was going through Parliament, Children’s Commissioner Andrew Becroft said the proposed legislation didn’t give enough weight to the importance of kin-care when placing vulnerable children in a new home.
But the current legislation, he said this week, ‘‘is a very satisfactory step forward’’. It builds on the old policy by giving preference to kin-carers while adding they must meet the needs to form a ‘‘safe, stable, and loving home’’.
The real issue, however, ‘‘is practice and resourcing and context of that provision – where the rubber meets the road’’. And given 60 per cent of children in state care are Maori, it has to be one of the key challenges, he added.
Ministry of Vulnerable Children deputy chief executive Glynis Sandlan said Jermain’s death was ‘‘tragedy’’. However, she was unable to discuss how the toddler and his siblings ended up in Cooper’s care until the coronial process had taken its course.
Long before that process ends, Cooper will be sentenced next month for Jermain’s murder.