Lobby group CCS Disability Action is demanding an amendment as part of sweeping child protection reforms led by the Social Development Minister. Chief executive David Matthews said children with high needs were being abandoned and denied their right to a family life.
Non-disabled children younger than 7 who are placed in residential facilities must remain there no longer than six months. They are given an independent advocate to protect their rights and their case is regularly reviewed. Severely disabled children, on the other hand, are given no advocate and can be returned to residential homes repeatedly. After a year in care a family conference must be held, but parents can request that their child's stay is extended. The parents retained guardian status even if they were not actively involved in their child's life.
The provision in the Children, Young Persons, and Their Families Act was originally designed to help parents who felt they could not cope with severely disabled kids. But CCS said it reflected an outdated medical belief that institutional care was the best out-of-home option for children with disabilities. It said that residential care should only be a temporary measure and if there was no chance the child would return home they should be moved to another family.
A select committee is considering the Vulnerable Children Bill, which would require all people who worked with young people to be screened and would introduce protection orders that prevented people from associating with children for up to 10 years.