Love surfaced in this case
Idon’t think it will set a precedent. In the decision released last week by Justice Helen Cull in the High Court, a young Mā ori girl can remain in the care of her caregivers, who are Pā kehā .
Rarely do caregivers want to permanently foster and keep a child they are caring for. They know from the outset placements will now normally be time linked.
It is hoped family will, as soon as possible, be able to have their child returned to them. If behavioural changes are made within the family to the satisfaction of Oranga Tamariki, the family is once again reunited.
That’s how it’s supposed to be. In the past, Oranga Tamariki has only had to answer to itself. What it said went. It had power over every facet of an uplifted child’s life.
For the past five years, I have followed Oranga Tamariki closely. The Whā nau Ora Commissioning Agency, of which I am the chairwoman, did an independent report three years ago in which we heard from 1220 families. Their experiences had to heard to be believed. Harrowing to say the least.
This was one of five reports I am familiar with, including one by the Waitangi Tribunal.
The cases of what I believe to be systemic abuse of children taken, parents’ rights dismissed, and coercion with agencies run into the hundreds — all, in my view, to get the outcome Oranga Tamariki wanted.
I have sat and listened to the heartbreaking stories from families
who to this day remain disconnected from their children because Oranga Tamariki saw them as unfit parents. It painted family members as such and was committed to ensuring children never returned to these families. The spitefulness and vindictiveness were, in my opinion, unbelievable.
The case of “Moana” — not her real name — probably started out like hundreds of similar cases. A safe home was required for a child Oranga Tamariki said was neglected and traumatised in her short life. She had rotting teeth and a club foot when Oranga Tamariki
intervened, likely after someone contacted them.
The “Smith” family — not their real name and not kin to Moana — were approached to take on the care of the little girl, presumably while suitable kin was found.
Four years went by and Moana remained with the Smiths.
If the Smiths are experienced caregivers they would know the placement was only temporary. You don’t say after a couple of months, “we’ll keep the child”. Parents and kin relationships do not just suddenly get wiped out.
But we’re not talking about one, two or even three years. Four years went by.
A loving bond has formed between Moana and the Smiths. Moana knows unconditional love and care. She experiences it every day. After her traumatic start in life, she is now a happy, well-adjusted child.
To wrench her away now because family want, and presumably can, provide the necessary love and care would, the judge found, potentially cause her more psychological harm.
From what’s been reported about Oranga Tamariki and the family’s concerns, I can understand where the agency is coming from and it’s right too.
Moana has whakapapa, whā nau and iwi connections. How can the Smiths, being Pā kehā , provide for those? They can’t.
But I hope the court saw that as one of the conditions of permanent placement with the Smiths.
There are harrowing stories of children taken into care who never found their way back to their families. Their cultural connections were severed for good. Many lives ended tragically.
We should not be surprised that love surfaced in this case. The Smiths probably thought Moana was to be a short-term placement.
We can imagine Moana slowly began to trust and with loving care found her way back, from a dark place, into the light.
The little girl will not know the judicial attention her case received. She needed love and received it. Her cultural needs and all else, with good faith and intent on all sides, should be able to be met. Moana is the priority; from the outset, she should always have been.
Merepeka Raukawa-Tait
has worked in the private, public and nonprofit sectors. Today she writes, broadcasts and is a regular social issues commentator on TV. Of Te Arawa, Merepeka believes fearless advocacy for equity and equality has
the potential to change lives.