GUARDIANSHIP, CUSTODY AND ACCESS

TABLE OF CONTENTS: 1/ Guardianship, Custody and Access (A)General (B) Child Youth and Family Agency Involvement Child At Risk Visiting Financial Support Options for Your Child (A) Child Support (B)Benefits for the Caregiver (C)Paternity Testing Health (A) Arrival at Prison Pregnancy Whilst in Prison Transferring between Prisons Appealing Sentences Prison Grievances/Review of Decisions 1 6 13 14 2/ 3/ 4/ 18 20 21 5/ 23 34 37 39 41 42 45 47 49 51 6/ 7/ 8/ 9/ 10/ Legal Aid 11/ Tenancy Problems 12/ Home Detention 13/ Support Services After Leaving Prison 14/ Protection for Women once they leave Prison New Zealand Prisoners' Aid and Rehabilitation Society October 2003 1/ GUARDIANSHIP, CUSTODY AND ACCESS A) GENERAL: Custody: the day to day care and control of your child Guardianship: the right to be involved in the important decisions effecting your child’s life, such as health, education and religious issues1 Can I choose who looks after my child while I’m in prison? If you are your child’s only guardian and you have custody, then yes you can. Your lawyer should tell you if there is a chance of a prison sentence. This will give you time to get things in order, including making arrangements for someone to take care of your child. However, Child Youth and Family or the Family Court may get involved if they think the person you have chosen to care for your child is not suitable. There may be problems if your child has more than one guardian. You will always be the child’s natural guardian2 (unless, guardianship is taken away from you by the Family Court3). The Father will only be a guardian if he was living with you at the time of your child’s birth or if he was married to you. He can apply for guardianship4. Other people can apply for guardianship as well such as Child Youth and Family and other relatives5. If there is more than one guardian they have the right to be involved in the decision of who will take care of your child. What can I do if I don’t want a particular person looking after my child? If your care arrangements have fallen through or the person you have chosen to look after your child is not considered suitable, a guardian or another person may apply to the Family Court for a custody order. The Court will investigate to make sure they are a suitable person. Because you are the mother you will be informed that someone has made an application. If the person applying is not a parent they will need the Courts permission to do so6. 1 2 Definitions from Guardianship Act 1968, s3 Guardianship Act 1968, s6 3 Guardianship Act 1968, s10 4 Guardianship Act 1968, s6(3) 5 Guardianship Act 1968, s8 6 Guardianship Act 1968, s11 1 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 If this happens you can oppose their application for custody. However you must propose a suitable alternative care arrangement. You must give reasons to explain why the person applying for custody is not suitable. For example if they have had a limited amount of contact or there are risks for your child being in their care. For example: risks of abuse, neglect or exposure to dangerous things/people. How do I get my child back if the person looking after them decides to contest custody? It depends if the care of your child is an informal or formal arrangement. It will be informal if the caregiver has not gone to the Family Court to get custody. Informal Arrangement: You will have the best claim against an extended family member, so can go and get your child back straightaway. If the caregiver refuses to give back your child, you can call the police to assist you. If you have an informal arrangement with the father, you can take them back straightaway as well. However the father could file a without notice application for custody7. So, if the father is the one that you have the informal arrangement with and is refusing to return the child, going to Court is probably the best idea if you cannot come to an agreement8. It is best to have something in writing (it doesn’t have to be a signed agreement) that shows quite clearly that the child living with the caregiver is a temporary arrangement, that will end once you get out of prison. Formal Arrangement: If there is a formal arrangement you will need to go to Court and show that the custody order is no longer appropriate9. This will mean that you will become involved in the Family Court process. Family Court Process: The Family Court operates on the idea that children are the parents’ responsibility. That they are the ones who should be making the decisions about them, including where they should live and who should take care of 7 8 Guardianship Act 1968, s11 Guardianship Act 1968, s13 9 Guardianship Act 1968, s17 2 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 them10. If there is a custody dispute, the Family Court will assist you to reach an agreement with the caregiver by referring you to: Counselling11; This is a free and confidential service offered by the Family Court. The sessions take place through local counselling agencies or with individual counsellors. It provides you with an opportunity to discuss your options and reach an understanding with the caregiver. Hearings can be very long and expensive. Counselling tries to avoid this and help you reach a workable agreement about custody and access. The Counsellors are professionals, who are there to help you make your own decisions. They will write a brief report that will note any understandings that have been reached. They are confidential but copies of report will be given to you, the caregiver, your lawyers and the Court12. Mediation Conference13: If counselling doesn’t work or there are still things that you haven’t agreed on, a mediation conference will be the next step. This is held in the Family Court, but is more relaxed and informal than a Court hearing. The Family Court Judge is the Chairperson. He/she will try to find out what things you and the other person agree on and what matters you disagree on. He/she will help you consider all the possible options and to focus on your children’s needs. You will be given time to talk to your lawyer and the Judge can make binding orders on the matters that you agree about. The conference can be postponed so that you have time to check out your options, find out more information or try out a temporary arrangement. There is no limit to the number of conferences you can have but the Judge may decide that a hearing is necessary if it doesn’t look like an agreement will be reached. Counselling and mediation will sort out most custody disagreements. It is rare that a Family Court hearing will be held. What if there is a Family Court hearing, what things do they take into account when deciding who should take care of my child? In deciding a custody dispute the Court will focus on the welfare of your child14. You will need to show that having the child in your care would be in their best interests. 10 11 Family Proceedings Act 1980, s19 Family Proceedings Act 1980, s10(4) 12 Family Proceedings Act 1980, s11(2),(3) 13 Family Proceedings Act 1980, s13 14 Guardianship Act 1968, s23 3 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Some of the factors that the Court will take into consideration are15: * * What the child wants: the older they are the more important this is. The history of care: Who usually looked after them? If both parties did, then the length of time they were the child’s main caregiver can be important. The standard of care: when you had them were they well looked after? Did you spend a lot of quality time with them? Risks of being in your care: was there any risk of abuse, neglect etc? Economic circumstances and stability: Do you have the ability to provide for the child, a home, food, a regular routine etc? Your attitude to other parent/caregiver Do you have the ability to maintain the child’s relationship with them? * * * * The Court may also get the school’s views (if your child is old enough to be going to school). Who has the history of involvement? e.g. Who attended PTA meetings, made sure they had lunch, that they were there on time, that their homework was done etc? The Court can also ask for a specialist report from a social worker, psychologist, psychiatrist or medical doctor16. The purpose of the report is to obtain information about your child. The specialist may speak with you, the caregiver and your child, watch the child with the parents at home or at work and speak with other important people in your child’s life. This can help the Court in reaching its decision as to who your child would be better off with. *The fact that you are the child’s mother can be a very weighty factor which the Court will take note of in coming to their decision. Will the age of my child and or the length of my sentence effect my chances of getting them back? If your child is quite young (say 6 months to 2 years old) when you go to prison then yes it can. It will be hard for them to remember who you are. They are likely to form a bond with the person looking after them. Similarly if you are in prison for a long time your child is likely to become attached to the caregiver 15 For the various factors see: Read v Read (30 October 1989) unreported, High Court, Auckland Registry CP 1527/89 16 Guardianship Act 1968, s29A 4 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 and the community. The Court may not think that it is in the best interests of the child to give you custody17. If this is the case it is IMPORTANT that you make the effort to keep in contact with your child as often as you can while you are in prison. This will allow your child to have a relationship/bond with you as well. It can help in a custody dispute. Also such problems may be overcome by a long period of reconciliation. Where you do not have immediate custody once leaving prison, but the Court will give you access18. This will allow your child time to get used to you and give you a chance to reestablish the mother/child relationship. However, there are no absolute guarantees that you will get your child back if you do these things. It will definitely improve your chances but it is ultimately up to the Court and what they believe is in your child’s best interests. Being in prison may worsen the chances of getting your child back. It is evidence of a criminal lifestyle that can effect your ability to care for your child. You will need to show that you are rehabilitated (have no intention of re-offending) and that you provided good care to your child before you were imprisoned. Is the Court likely to give me custody of my child straight away? No, not usually. Even if you have a good case for getting them back, you usually have been away from your child for a long period of time. It may be traumatic for them to just be uprooted and handed back to you 19. This can depend on the amount of contact you have had with them while you were in prison. Although, the Court will almost certainly give you access 20. This will allow you to re-establish the relationship with your child, so you can eventually get them back. Is there anything I can do while I am in prison? If you think you are going to have custody problems it is usually a good idea to start dealing with them while in prison as custody battles can be lengthy and subject to delay. You will have access to a lawyer and can apply for legal aid whilst in prison. If you are imprisoned a long way from your child, it’s possible legal aid to be transferred. A lawyer close to the prison may be instructed by a lawyer close to your home. Talk to a Family Court Lawyer about this when filling out the legal aid form. While you are in prison you can make an application for custody, to come into effect just after your release date. 17 18 Guardianship Act 1968, s23 Guardianship Act 1968, s15 19 Guardianship Act 1968, s23 20 Guardianship Act 1968, s15 5 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What can I do if the caregiver is refusing to allow contact with or give me information about my child? You could file an application in the Family Court for an access order. So, that your child can be brought to the prison for a visit21. You must show that there is a workable arrangement. I.e. there is someone willing to get your child to and from the prison. If your child lives a long way from where the prison is then it is not fair to expect the caregiver to do this because of the cost and inconvenience of travel and accommodation. It is a different situation if the child is in the same town or close by. Although, the judge may find that visiting prison will be harmful to the child. There is no way of enforcing the right to get information about your child or have them write letters or ring. The best thing to do is keep a record of your attempts to maintain contact. As the child’s guardian you have the right to information so you can make decisions about their upbringing. If you are not getting any information or having any contact, this may count strongly against the caregiver in a custody dispute. IMPORTANT NOTES: 1) Legal aid is available for custody disputes (including mediation) 2) Even if you cannot get custody back right away the Court is almost certainly going to grant you access 3) Get a lawyer; custody is a confusing and lengthy process. A lawyer is usually the best person to make your case for you. B) CHILDREN, YOUNG PERSONS AND THEIR FAMILIES AGENCY INVOLVEMENT What is the Child Youth and Family Agency (CY&F)? CY&F is a government organisation that has a responsibility to act to ensure children and young people are kept safe. It aims to keep families together and to work with them to strengthen their ability to care for and protect their children22. However social workers and the police have the power to take children away from their families if they have good grounds for believing they are at risk23. 21 22 Guardianship Act 1968, s15 Children, Young Persons and their Families (CYPF) Act 1989, s4 23 CYPF Act 1989, s40 6 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 When will CY&F intervene? If you are in prison there are two situations where CY&F may get involved24: * * If you have no one to look after your child while you are in prison. If before you went to jail, someone had notified CY&F about possible problems of abuse or neglect. CY&F may be investigating you or may have already removed your child from your care. What will happen if CY&F is notified of a problem? 1) Someone will notify CY&F of a problem25. You may have notified them yourself or someone else who is concerned about your child may have done so. CY&F will investigate26. They will speak with you and try to find out what is going on. You can arrange to make a Care Agreement with CY&F at this stage. You may just need informal help – assistance with finding care and making decisions. If there is evidence that your child may need alternative care arrangements a Family Group Conference will be called27. 2) 3) Family Group Conference (FGC): this is a meeting that allows the family group to be involved in making decisions about your child’s future care and safety. At an FGC the family can decide whether they agree that your child needs care and protection and what should be done28. If your child needs alternative care, the family will be looked to first to see if they can provide that care, first the father, then other extended family members29. 4) The FGC will hopefully result in a plan or agreement30. A plan states: this is what is wrong and this is what needs to change in order for kids to go back to their mother. It will explain how long your child will be in care and what the goal at the end is. There should be built in provisions for contact to be maintained between you and your child. Informal agreements: 24 25 CYPF Act 1989, s 19 CYPF Act 1989, s15, s19 26 CYPF Act 1989, s16 27 CYPF Act 1989, s19 28 CYPF Act 1989, s28 29 CYPF Act 1989, s13 30 CYPF Act 1989, s29 7 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 In lots of cases an informal agreement will be reached and CY&F will not go to Court to get a Custody Order31. Some types of Care Agreements are: Temporary Care Agreement 32– CY&F will take care of your child for 28 days with a right of renewal for a further 28 days. You can take your child back at anytime. It is a useful agreement if you will be in prison for a short period or you can find someone to take care of your child by then. Extended Care Agreement33 – at the end of 12 months your child is given back. It provides CY&F with the status of custody but again you may take your child back at any time. What if I’m in Jail and can’t attend the FGC? The FGC is important as it allows you to express your views about who you want your child to stay with and to make sure that you will have contact with your child during your time in prison. You have a right to attend34. There may be ways for you to do so: * * * * * CY&F may negotiate with the Department of Corrections for you to come out under escort The Care and Protection coordinator may visit you and get your views about who you want your child to live with35. You could use other support people to represent your views You could use your lawyer to represent your views A conference call link could be set up from the prison. If you are in prison and want to attend the FGC, talk to your Case Manager and Social Worker about these various options. When will CY&F go to Court? Some instances when CY&F will go to Court are: * In situations of urgency, where there are strong indications of abuse and your child is simply not safe where they are. CY&F will go to Court and get a warrant to uplift your child36. 31 32 CYPF Act 1989, s101, s102 CYPF Act 1989, s139 33 CYPF Act 1989, s140 34 CYPF Act 1989, s22 35 CYPF Act 1989, s24 36 CYPF Act 1989, s40 8 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 * Where your immediate or extended family either poses a risk to the child or are unable to look after them (if you are going to be in prison for a while) Where an FGC fails to result in an agreement37. CY&F may sometimes apply for guardianship even when another family member is looking after your child38. There may be disputes as to who should look after them and how they should be looked after. CY&F can act as a buffer in such situations * * What are my rights if CY&F has gone to Court to get custody? Before CY&F can apply for custody or guardianship a Family Group Conference (FGC) must be held so that your views and other family members views can be heard and an agreement reached39. The Court will not make a declaration of custody until this has happened40. After a FGC, CY&F will file a plan41 (which states what is going to happen with your child) and a report 42 (which states the reasons CYPS intervened) in Court. You will be given a copy of the plan and must consent to it before things can proceed43. Although, if you do not consent, the Court may still make a decision about custody. Usually, another FGC will be held first to try and come up with an agreement that addresses your objections. If the only reason that your child is in care is because you are in prison and no one else can look after them, make sure the plan allows for the immediate return of your child once you are released from prison. What sort of contact will I have with my child while they are in care and I am in prison? This depends on the circumstances. Very often the Care Agreement will provide for regular contact. Letter writing, phone calls, visits etc. If for some reason it doesn’t bring up the matter of regular contact before you agree to the plan. CY&F will try to arrange for your child to visit you. It depends upon whether it is in their best interests44. Will visiting have a negative effect on them? Are they old enough to write letters? What your child wants will be taken into account if they are older. As part of the agreement, CY&F may 37 38 CYPF Act 1989, s31 CYPF Act 1989, s110 39 CYPF Act 1989, s70 40 CYPF Act 1989, s72 41 CYPF Act 1989, s128 42 CYPF Act 1989, s186 43 CYPF Act 1989, s30(b), s32 44 CYPF Act 1989, s6 9 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 provide money for visits if your child is cared for far away from where you are imprisoned45. This will not happen as often as it would if your child lived close to the prison. Again if opportunities/resources for visiting are not mentioned in the plan, bring it up before you agree to it. When will contact with my child be refused? This will happen only rarely. It occurs where CY&F believe that it may be damaging for your child. If they become distressed when contacted by you or there is an extensive history of abuse that has caused trauma. While you are in jail, CY&F will tell you that they are not allowing contact between you and your child. If you try to make contact once you are released from prison CY&F may have a Restraining Order issued against you46. A Restraining Order means that you must keep away from the child and not try to see or contact them. If you breach the Order it may result in a fine or 47 imprisonment . If you are refused contact you can contest this and apply for an access order through the Family Court48. What sort of information am I entitled to about my child while they are in care? CY&F operates on the policy that parents should be informed of their child’s progress and provided with sufficient information about their situation to maintain some sense of connectedness with them49. Regardless of whether or not you are allowed contact with your child, you are entitled to information about them. CY&F will do a review every 6 – 12 months (depending on their age) of your child and their situation. You, as the child’s mother are entitled to a copy of that review. You also have the right to ask for information relating to your child. For example if you want regular updates about your child’s life and their progress. Speak to your Social Worker about this, if it is a reasonable request you are likely to get the information. You are still the guardian of your child. You have the right to make major decisions about their upbringing50. If CY&F is also a guardian then those decisions will be made jointly with the Social Worker. These decisions may relate to your child’s placement, health, education, religious upbringing, 45 46 CYPF Act 1989, s387 CYPF Act 1989, s87 47 CYPF Act 1989, s89 48 Guardianship Act 1989, s15 49 CYPF Act 1989, s8 50 Guardianship Act 1989, s3 10 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 overseas travel etc. So, you are entitled to enough information to allow you to make these decisions, unless guardianship is taken off you51. However, this is almost never done. It requires extreme negligence/abuse over a very long period of time before the Court will even consider doing it. Generally in cases where CY&F are involved they will not apply to have guardianship removed. How do I get my child back once I am out of prison? You may have an agreement that provides for the immediate return of your child once you are released. Even if that is not the case and CY&F have a Court Order granting them custody, you may not have to go to Court to get your child back. You can make arrangements with CY&F to have your child returned and CY&F will then apply to the Court to have the order set aside52. What do I have to demonstrate to CY&F in order to get my children back? It is important to note that these are guidelines only. Even if you demonstrate all these things you may not get your child back. There are other things to consider such as what is in the best interests of your child. Some of the things that CY&F will look for before returning your child to you are: * * * * Evidence of stability: That you have a home for your child and regular income whether it’s a job or a benefit. Commitment to your child: That you have the willingness and ability to look after them adequately That you have good support systems in place - Family, friends, counsellors, community organisations etc That the issues that resulted in your child being taken away have been addressed: You’ve undergone drug and alcohol counselling, anger management, parenting courses etc. You should attempt to address the issues that resulted in your child being taken into care as soon as possible. Work on it in prison if you are able to. Identify what needs to change and make sure that what you’ve got planned, whether it’s anger management, parenting courses, or counselling meets the Social Worker’s requirements of what you have to do to get your child back. It is best to get the Social Worker’s agreement in writing that what you are doing is enough to address the issue. If you wish to take a parenting or anger management course, talk to your Case Manager and find out whether there is any way you can take them. 51 52 Guardianship Act 1989, s10 CYPF Act 1989, s125 11 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Will there always be a delay in my child being returned to me? It depends. Your child may be returned immediately if this is part of the agreement and there has been good contact while you have been in prison (you’ve seen each other and been writing letters, phone calls etc). However, if your child has formed a strong attachment to the person looking after them and contact has been limited, a period of reconciliation may be required 53. CY&F will generally provide opportunities for access to give you time to get to know each other again and re-establish the bond. To get your child used to being looked after by you again. Will the length of my sentence and the age of my child effect my chances of getting them back? Yes, if you are prison for a long time or your child is very young the chances of getting them back (unless there is a prior agreement) can decrease. Children aged between 6 months to 2 years are unlikely to remember their mother. In both instances your child is likely to form strong attachments to the caregiver and the community. It is still possible to get them back but you will need to work at it by maintaining good contact with your child during imprisonment, CY&F will usually help you by increasing the amount of contact the closer it gets to your release. A considerably longer period of reconciliation may be needed, as you try to establish a bond with your child, get them used to being looked after by you and the idea of moving houses and schools. It provides a time of relearning for both you and your child. Again, while contact and access to your children may increase your chances of getting them back it is still not an ironclad guarantee. It will still have to be balanced with the needs of your child and the attachments they have made54. IMPORTANT NOTES: If CY&F will not give your child back you can go to Court and try to get the Custody order set aside.55. You will need to demonstrate the same factors as above. It is almost certain that you will at least get access to your child (even if it is supervised). If you think that there are going to be Custody problems with CY&F, it is important that you get a lawyer. Custody is a confusing and lengthy process. A lawyer can help. Legal aid should be available for this. 53 54 CYPF Act 1989, s6 CYPF Act 1989, s6 55 CYPF Act 1989, s125 12 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 2/ CHILD AT RISK What can I do if I feel that my child is at risk from his/her present caregiver? If this is the case you have two options: 1) You can notify CY&F56 (or get someone closer to the situation to notify them). Try to investigate, ring their school, get people you know/trust on the outside to investigate and gather evidence. CY&F will investigate and if there is enough evidence they will intervene57. They may monitor the caregiver for a time of if the situation is very serious they may uplift your child and place them in care58. An FGC will usually be held, this will give you a chance to express your views about who should take care of your child (remember – you have to consent to the plan before it can go ahead. If your child hasn’t been removed from the caregiver’s house and you are still concerned, don’t consent to the plan)59. CY&F may also issue a Restraining Order against the caregiver, so that they are not allowed any contact with or access to the child60. You can get someone you trust to apply for custody of your child. The Court will grant them leave to apply if they know that you are supporting their application61. This person will need to outline the reasons why they are more suitable than the current caregiver and explain how the child is at risk in his/her present environment. Where there is proven violence, the Court will not allow the violent person to have custody or unsupervised access62. If the “non-violent” person gets custody they may also apply for a Protection Order for your child63. So, that the caregiver cannot have access to or contact with your child. 2) 56 57 CYPF Act 1989, s15 CYPF Act 1989, s16 58 CYPF Act 1989, s40 59 CYPF Act 1989, s19(2) 60 CYPF Act 1989, s87 61 Guardianship Act 1968, s11(1)(b) 62 Guardianship Act 1968, s16B 63 s7 Domestic Violence Act 1995 13 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 3/ VISITING: The normal visiting process64: 1) The prison manager must approve visitors before they can visit an inmate: You will be given a visitor application form and can post it to the people you wish to have visit you. The form will ask for such information as: the person’s name, date of birth, their relationship to you, and their criminal history etc. The applicant completes it and then posts it back to the prison. The prison staff will then assess the form. They may require the visitor to attend an interview to clarify some information The person will be told if they are approved (and most will be). If the application is declined the person will be sent a Prohibition Order explaining why. The person is entitled to get the decision reviewed by the Chief Executive of the Department of Corrections. 2) Once a visitor has been approved and they want to visit an inmate must book a time within visiting hours You can ask for a visitor request form and fill it out. The prison staff will check the form and make a visit time. They will give you a confirmation slip. Send that to the person visiting you, who will bring it with them when they come to visit. A visitor must bring the letter of approval and some identification. You are allowed a maximum of three adults and 3 children and can have at least one visit per week for a minimum of half an hour Is there any way to have a longer visit? Prisons provide what are known as special visits, when the visitors are children and/or may be travelling from out of town. They are called special visits because they may be longer or additional to regular visits. Children and parents can hug during visits and the children are not searched as a general rule. Under the Christchurch special visits regime: The local Prisoners Aid and Rehabilitation Society (PARS) regularly transports a number of young children living in the Christchurch area to prison to visit with their mothers for an hour and a half, then takes the children home. 64 Department of Corrections Prison Visitors – a guide for inmates and their personal visitors 14 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 The length and type of special visits vary from prison to prison. Talk to your Case Manager/Unit Manager about what options there are for special visits and find out what you have to do to make arrangements for one. My child is visiting from out of town, is there any way to reduce the costs of travel and accommodation? If you are having money problems, because of the high cost of travel and accommodation for your child, talk to your local PARS about options. You can apply to NZPARS, which raises small amounts of money to assist children to visit their imprisoned parents. The money raised is used in different ways depending on the need. In Wellington, grants of petrol vouchers have been made, in Nelson a van has several times taken children to Christchurch women’s prison etc. Several PARS organisations also provide transportation services. TEMPORARY RELEASE/ESCORTED OUTINGS: There may be opportunities in certain circumstances for you to visit with your children outside of prison. You can apply for an escorted outing to visit a member of your family65 or for a temporary release in the form of Home Leave66. An escorted outing or temporary release may also be granted on compassionate grounds. In cases of: the serious illness/accident, death or ceremonial commemoration of death of a relative or particular friend67. How do I apply for an escorted outing or temporary release? Talk to your Case Manager about what you have to do to apply and ask them to get you a Temporary Release/Escorted Outing Application. Fill this out. The case management team will give it to the general manager and will also recommend with written reasons the approval or decline of the application (after having obtained and looked at any relevant reports). The General Manager will then approve or decline your application. If the General Manager does not have the authority to approve or decline your application, then it will be forwarded to the people that do68. 65 66 Penal Institutions Act 1954, s28 Penal Institutions Act 1954, s21 67 Department of Corrections Temporary Release from Custody (National Review) (Service Purchase and Monitoring Group, issued July 2000) p22 Department of Corrections Escorted Outings (National Review) (Service Purchase and Monitoring Group, issued July 2000) p 10 68 Public Prisons Service Applying for an Escorted Outing (Effective from 1 September 1996) Ref No A.09.02 p1 15 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What things will be taken into account when deciding whether or not I am suitable for an escorted outing or temporary release?69 * * * The safety of the public The effect your release will have on any victims of your offending. Maintenance of the integrity of your sentence – will an escorted outing or temporary release affect the purpose of your time in prison? Will the public think so? The likelihood of you re-offending whilst out of prison Your welfare and any changes in your attitude since being in prison – will an escorted outing/temporary release be good for you? Your rehabilitative needs –will an escorted outing or temporary release help you to start living a normal/crime free life? The nature of your offence -was it serious, violent etc? Any written or oral statements that you or a person on your behalf may make * * * * * Who is eligible for an escorted outing or temporary release? Generally every inmate is eligible to apply for an escorted outing or temporary release. However if you have previously failed to comply with a condition of release you will not be eligible for temporary release. Also, if you have previously absconded you will not be eligible for temporary release unless there are extenuating circumstances. If you are a gang member and it is considered likely that you will associate with other gang members whilst outside prison – you will not be eligible for either70. In some instances you may get an escorted outing instead of a temporary release – perhaps the prison is not satisfied that all the conditions for a successful Home Leave are met. However, just because you are able to apply for an escorted outing/temporary release does not mean that you are automatically entitled to one or the other. They are a privilege and not a right. If your request is declined you will be given written reasons for the decision and you have the right to have the decision reviewed71. What if I need an escorted outing or temporary release for an urgent reason? Your application will be responded to promptly and the decision making process will reflect the urgent nature of the application72. 69 70 above n 57 Department of Corrections Temporary Release from Custody p 8/ Escorted Outings p 5 above n57, Department of Corrections Temporary Release from Custody p 4, 9/ Escorted Outings p 3 71 above n57, Department of Corrections Temporary Release from Custody p 6, 7/ Escorted Outings p 3, 4 72 above n57, Department of Corrections Temporary Release from Custody p 6/ Escorted Outings p 3 16 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 When will Home leave be granted? Eligibility   Minimum security inmates without violent offences - after 1 year or 1/3 of sentence Minimum security inmates with violent offences - after 1 year or 1/3 of sentence and within 12 months of release. Home leave is only available once every 2 months. Inmates sentenced to life imprisonment, preventive detention or corrective training are not eligible for home leave. When you apply and it is recommended by the your case management team. Also, your partner, family or sponsor must support your application. A sponsor is a person who will keep an eye on you and make sure you observe all the conditions of your Home Leave. You must have an established home to go to or other suitable arrangements for accommodation73. The Community Probation Service will usually provide a report on the suitability of the proposed sponsor, residence and the impact your release will have on other people. This will be taken into account by the decision-maker74. What conditions will be imposed during Home Leave75? * * * * You will usually be discouraged from driving You will not be allowed contact with any victims of your offending There may be non-association conditions imposed in respect of certain people You will not be allowed to consume alcohol or drugs There will probably be other conditions imposed, depending on the circumstances. Your sponsor will be provided will a written notice of the conditions of your Home leave and what to do if your behaviour is giving them cause for concern. How long does Home Leave usually last for? Home leave usually lasts a maximum of three days plus travelling time76. 73 74 above n57, Department of Corrections Temporary Release from Custody p 16 above n57, Department of Corrections Temporary Release from Custody p 16 75 above n57, Department of Corrections Temporary Release from Custody p 9 76 above n57, Department of Corrections Temporary Release from Custody p 16 17 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 4/ FINANCIAL SUPPORT OPTIONS FOR YOUR CHILD: A) CHILD SUPPORT: Child Support is money paid by a parent not living with their child, to help support them financially77. Is my child eligible for child support? Any child is able to receive child support (from a parent not living with them) until they are 19 years old, unless: * * * * The child marries or is in a de facto relationship They start living with someone else fulltime They become financially independent You start living with the person who pays child support78 How do I apply for Child Support and how do I get paid? 1. Fill in the Child Support Formula Assessment application form (IR 101) and send it to Inland Revenue Child Support 2 You will get a letter when they have accepted your application (if it is declined, they will let you know the reasons why) 3 Inland Revenue Child Support will then send a registration form to the paying parent that they will fill in. From that Inland Revenue Child Support will work out how much they have to pay 4 You will then get sent a letter called a Notice of Entitlement telling you how much you will receive. 5 Inland Revenue Child Support collects the payments from the paying parent and passes them onto you or the government if you are receiving a benefit for your child79. 77 78 Inland Revenue Child Support a Guide for Custodians (Feb 1999 IR 171) p 5 Child Support Act 1991, s 5 79 above n 77 Child Support a Guide for Custodians p 5 18 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Do the payments stop while I am in prison because I am no longer living with my child? Just because the child is no longer living with you does not mean that the parent can stop paying child support. Their obligation is to the child, regardless of who they are living with. The caregiver is fully entitled to apply for child support, following the process outlined above80. If the caregiver does not know this, you can inform them. Do I have to pay child support while I am in prison? If your child is no longer living with you, is under 19 years of age and does not fit into any of the above mentioned exceptions, you are liable to pay child support. However you will not have to pay child support while you are in prison if 1) you receive no income during that time or 2) your income is only from investments and is less than $10 a week,81 If this is the case ask your Unit Manager to get you an Application for Exemption from Payments form (IR 105). Fill it in and give it to the Unit Manager who will complete it, sign it, stamp it and send it to Inland Revenue Child Support. They will fix your records so that you do not have to pay child support during this time. Reductions82: If for some reason you do not qualify for exemption (the majority of inmates will) you may be able to reduce the amount of Child Support you have to pay. If your income for the year ending March the 31st is less than you earned two years ago (and it probably will be while you are in prison) you will be able to reduce your payments. Ask your unit manager to get you a copy of the Estimate of Income for Child Support Assessment (IR 104) form. Fill it in and send it to Inland Revenue Child Support who will work out the reduced amount you have to pay. 80 81 Child Support Act 1991, s 8 s 9 Child Support Amendment Act 1999, s73/ Inland Revenue Child Support – a guide for prisoners (IR 1 154 October 1999) p 3 82 above n 81 Child Support a guide for Prisoners P 3 19 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What can be done to enforce Child Support payments if the paying parent refuses to pay money to the caregiver? If they do not pay or pay late then Inland Revenue Child Support will take action to recover unpaid Child Support. Some options are83: * * * Automatic deductions from wages or ACC payments An order placed on their bank account (this is especially important if they are self-employed) Deductions from tax refunds or any other money owing to them It is important for either you or the child’s caregiver to try to keep tabs on where the paying parent lives and works. Inland Revenue Child Support may not know and if they don’t will contact you for the information which will help them to enforce payments. If the above methods do not work, Inland Revenue may take legal action against the paying parent. B) BENEFITS FOR THE CARE GIVER: Can I transfer my DPB payment to my child’s caregiver? If you were on the Domestic Purposes Benefit then all or part of this can be paid to the person responsible for the care of your children84. Either you or your child’s caregiver should talk to your Case Manager at WORK AND INCOME and explain the situation. They will be able to tell you how to proceed. They are likely to need some proof that you are actually in prison. Can the caregiver apply for the DPB? The person looking after your children may be able to apply for the DPB while you are in prison. The requirements for the DPB are this: 1) The person applying must be the mother or father (natural or adoptive) of one or more dependant child and 2) living apart from their partner or divorced or 83 84 above n 77 Child Support a Guide for Custodians p 23 Social Security Act 1964, s76(3) 20 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 single partner is imprisoned partner is deceased85 However it is possible to apply when you are not a parent, if the caregiver “regards the child as their own”. Which will happen if they are responsible for the maintenance of your child. The maintenance must be for a reasonable period of time, more than a few weeks. Can the caregiver apply for any other benefits? The caregiver can apply for the Unsupported Child Benefit. To apply for this the person looking after your children must be 1) the principal caregiver for the child 2) over 18 years old They will be the principal caregiver if they have the main responsibility for the day to day care of your child (and expect to care for your child for 12 months or more) The caregiver must not be your child’s natural, adoptive or step parent. Because you are in prison, the caregiver can apply on the basis that the child’s parent is suffering from an incapacity (imprisonment) that means they are unable to care for their child. If the caregiver is applying for or is already receiving a benefit, they may be able to include the child and get a higher rate of payment86 Also, if the caregiver is experiencing hardship and is not eligible for other benefits they can apply for the emergency benefit87. IMPORTANT NOTE: If you are worried about the financial support of your child, tell the caregiver about these options if you don’t think that they know. C) PATERNITY TESTING: Why might I need to prove that he’s the father of my child? * You may want to prove that someone is the father so that he will be liable to pay child support to your child’s caregiver or you once you are out of prison 85 86 Social Security Act 1964, s27B Social Security Act 1964, s61A 87 Social Security Act 1964, s61 21 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 * The caregiver (or you once you are out of prison) may be applying for a benefit that includes the cost of caring for your child. WORK AND INCOME generally wants the father’s name on the certificate (unless you don’t know who it is, the child is the result of rape or incest or there is not enough evidence). So, that he can pay child support, which will be paid to the government to cover the costs of the benefit they are paying to you (or the caregiver). They may require that you try to prove someone is the father of your child, before they will let you or the caregiver have the benefit. How do I prove that he is the father of my child (establish paternity)? The father can acknowledge that he is the father in writing in a Deed of Acknowledgement of Paternity, which you must also sign. It must then be signed and witnessed. A family lawyer can prepare such a deed If the father refuses to do this, you can apply for a paternity order through the Family Court88. The application may state such things as: * * * The child was born on this date I had a sexual relationship with this person approximately nine months earlier I was not sleeping with anyone else at the time Talk to your lawyer to determine exactly what you need to put on your application. If you are still in prison you can get a lawyer to make the application for you If the father opposes this, the Court may recommend that blood be taken from you, the father and child so that DNA testing can be carried out to determine parentage89. The Court cannot enforce this; the father may refuse to give blood. However his refusal may count strongly against him when the Court is determining whether or not he is the child’s father90. If you are eligible, legal aid will cover the costs of the application and blood tests for both you and your child. 88 89 Family Proceedings Act 1980, s47 Family Proceedings Act 1980, s54 90 Family Proceedings Act 1980, s57 22 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 5/ Health Arrival at Prison91 A receiving officer will refer an inmate for any urgent medical care and/or arrange for a Reception Health Screen. Reception Health Screen92 A Nurse will screen all inmates within 4 hours of entering prison during this screening;  Any urgent medical needs are treated.  An inmate’s health file is created.  The nurse will identify any health needs that the Unit Manager needs to know about immediately. What the Nurse reports on?  Any injuries that an inmate has and the inmate’s description of how they were received.  Any illness that the nurse can observe or the inmate claims to have.  Any observations the nurse may have regarding the inmate’s mental state.  Whether or not an inmate is a drug user or alcoholic?  Which substance/s the inmate uses and if they are trying to stop using them.  Any medication an inmate is on and any need for medication they might have.  Any medication the inmate had in their possession that the nurse took.  Whether or not any immediate health care needs were implemented. Initial Health Assessment93 This will take place within 24 hours of an inmate’s initial reception.  If an inmate has been in prison before, health staff will ask at which prison they spent their previous sentence. Staff will then obtain any previous health file. 91 92 National Policy B.06.01 National Policy B.06.01 93 National Policy B.06.01 23 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003  An inmate will be asked to sign a “Consent to receive health care” form. Implications of this consent will be explained to the inmate.  A Medical Officer will undertake a thorough medical check-up and reports on the inmate. (see “What Happens” below)  An inmate’s health needs will the then be treated if possible or arrangement will be made for future care by a Nurse, Medical Officer or Dentist. What happens at an Initial Health Assessment?94  An inmate’s personal details are recorded including;  Name  Aliases  Race  Religion  Home address  Next of Kin  Usual Doctor’s name 1) An assessment of Physical Factors will take place, this may include,  Weight.  Blood pressure.  An inmate’s blood sugar level will be tested. This will usually involve a device that pricks a finger to obtain a small drop of blood.  Peak flow level (this involves blowing into a device to measure “air flow”, which helps identify asthma).  A urine sample will be taken and then analysed.  Female inmates may have a Cervical smear and/or a Mammogram. 94 National Policy B.06.01.F2 24 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003  An inmate will then be asked if they have ever suffered from or had problems with any of a long list of medical problems. The Medical Officer may make extra notes if the answer to any of the questions was yes.  The Medical Officer will then continue by asking an inmate about their medical history and if they are on any medication.  The Medical Officer will then ask an inmate about their eyesight and hearing and test both.  Inmates will also be asked about any allergies or adverse reactions to drugs they may have.  There is an extra section of questions for female inmates. These relate to pregnancies, cervical smears and mammograms. Female inmates will be specifically asked if they are or could be pregnant. If the answer is yes a separate “Record of pregnancy” form will be filled in. 2) The Medical Officer will then conduct an assessment of Emotional Factors. An inmate may be asked about the following factors.  Any previous psychological treatment or counselling.  Any medication that was taken for a mental or emotional condition.  Whether they have ever considered or attempted suicide and if so why? The Medical Officer may also make comments on their impression of the inmate’s mental or emotional condition. 3) The Medical Officer will then ask about the health of an inmate’s family and any permanent partner. 4) The Medical Officer will then ask a series of questions about Health Related Lifestyle Factors. Inmates will be asked a series of questions regarding drugs and alcohol.  Inmates may be asked about whether they smoke and how 25 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 many cigarettes they smoke a day.  Inmates may be asked if they drink alcohol, how much they drink, whether they have ever been advised to give up and whether they have ever had treatment for a drinking problem.  They may be asked if they have ever used drugs or any similar substance (such as solvents/glue), whether they have ever been advised to give up and whether they have ever had treatment for a drug type problem. The Medical Officer may refer an inmate on for an Alcohol and Drug follow up. The inmate will then be asked a series of questions that relate to a risk of contracting sexually transmitted and intravenously transmitted diseases.  They may be asked about their sexual behaviour, whether they have ever had a STD infection.  They may also be asked if they have ever used drugs that they injected and whether they ever shared needles.  They may be asked about where they had any tattoos done.  They may be asked about any previous tests they have had for HIV/AIDS or Hepatitis. The Medical Officer will then make notes on the inmate’s understanding of the risks and preventative measures against getting a sexually or intravenously transmitted disease. They will also assess the inmate’s risk level for HIV/AIDS and Hepatitis. If an inmate refuses to answer any question this will be noted on the Assessment form. 26 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 At the end of the assessment the Medical Officer will arrange any treatment required and recommend any testing they think is necessary including HIV or hepatitis tests. If an Inmate has had an Initial Health assessment in the last year?95 If an inmate has already had the thorough assessment described above in the last 12 months then they will only need to have a quick checkup. The Update checkup may be asked the following.  If they have any new illnesses or injuries.  Whether they are taking any medication.  Whether they have any dental problems.  Whether they have had any emotional or psychological treatment or counselling.  Whether there have been any changes in their family circumstances.  Whether there has been any change to their drinking, smoking, drug or sexual behaviour. Consent The Health Centre staff will not examine or treat an inmate without their consent. They will try and fully explain any procedure to an inmate before asking for their consent. What does the Consent form mean?96 By signing the “Consent to receive medical treatment” form an inmate is agreeing that;  They have been advised that health services will be provided at the Prison and that specialist services will be provided through the public health service.  They consent to be treated by the prison health service and any public health service recommended.  They understand they can refuse treatment at any time and if they do that they will then be fully responsible for their own health.  They consent to their personal health information being released to any health provider to allow for their treatment or care. The signing of the form by the inmate must be witnessed by another person who also signs it. 95 96 National Policy B.06.01.F2 National Policy B.06.01.F4 27 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Simply stated this means that the inmate has consented to the prison health centre managing their health care. Consent for Specific Dental Treatment97 There is a separate form to be signed before any major dental treatment. It must be signed if 1 front or middle tooth is to be pulled out, or 2 molars are to be pulled out.98 The form specifies;  The dental problem, the proposed treatment, who will carry out the treatment and where the treatment will be.  That the inmate has been told the risks involved with the treatment and the likely outcome of the treatment.  That the inmate has been told of any other ways the condition can be treated and the possible outcome if the condition is not treated.  That the inmate requests that the treatment be carried out. The prison dentist will ask an inmate verbally for approval to do normal medical treatment.99 If an inmate refuses treatment they will be asked to sign the normal refusal form(see below)100. Refusal of Consent There is a “Refusal of health care/treatment” form. This does not have to be signed to allow an inmate to refuse treatment but it does allow the medical staff to be certain of an inmate’s wishes. Refusal form101 The “Refusal of health care/treatment” form can be filled-in in two ways. 97 98 National Policy B.06.01.F3 National Policy B.06.02.h 99 National Policy B.06.02.g 100 National Policy B.06.02.i 101 National Policy B.06.01.F5 28 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 1. As a refusal of all health care services at a prison and an acceptance of full responsibility for the consequence of that decision. 2. As a refusal of treatment for a specific condition for which they have been advised of the need for treatment. Also, as stated above, there is a special consent procedure in place for major dental procedures, which effectively imposes an automatic refusal if the form is not signed. Inmate’s Health Files102  A Health File is developed for each inmate. It contains a record of all of an inmate’s health information.  All entries in it must be signed and clearly display the name and designation of the author.  It is securely stored in the health centre and is transferred with an inmate when they are transferred between prisons.  On release the file is stored at the prison from where the individual was released. It is stored in an envelope, kept separately from current inmate’s files, kept secure and not destroyed. Health advice to Unit Manager103 When a nurse or Medical Officer advises a Unit Manager of an inmate’s health needs they inform the manager of;  Any health needs that require immediate care or observation.  Any signs or behaviour to watch out for and inform health staff about. Dental Health  Inmate’s dental health will initially be assessed by the medical staff at the Prison Health Centre.104  An inmate’s dental record will be kept in their overall health file.105  Nurses may be trained by a dentist to give dental first aid. 106 (This would only cover the administering of pain relief and/or the stopping of bleeding, except in an urgent emergency.107) 102 103 National Policy B.06.01.R1 National Policy B.06.01.F6 104 National Policy B.06.ab 105 National Policy B.06.ad 106 National Policy B.06.af 29 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003  Inmates can have dental treatment not covered by the minimum dental service if they pay for it.108  False teeth and dental appliances to aid daily living are provided.109 Minimum Dental Services110  Inmates detained for less than 1 year will only get minimal dental treatment. They may get treatment to relieve pain, i.e. dressings and/or have teeth pulled. They may get other treatment that a dentist thinks appropriate.  Inmates detained for more than 1 year are split into two categories, those showing previous dental responsibility and those who don’t. The prison dentist is the sole judge of “previous dental responsibility”. The treatment an inmate receives depends on which categories they are placed in. Treatment for those showing “previous dental responsibility” Inmates may receive the following treatments.  Fillings (metallic or non-metallic).  Treatment of acute and chronic gum disease.  Root Canal surgery only on the front teeth.  Teeth may be pulled where appropriate.  Minor oral surgery including the extraction of Wisdom teeth that have not come up properly (are impacted).  A yearly checkup if an inmate requests one.  Other appropriate treatment. Treatment for those showing no “previous dental responsibility” Inmates may receive the following treatments.  Treatment to relieve pain, i.e. dressings and having teeth pulled.  Treatment of acute and chronic gum disease.  Other appropriate treatment as required. 107 108 Dental Act 1988, Sections (4), (5), & (6). National Policy B.06.ag 109 National Policy B.06.ah 110 National Policy B.06.02.R1 30 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Inmate Treatment Plan111  A Treatment Plan is developed for any inmate who has significant or ongoing health needs. It is prepared in consultation with an inmate, they are asked to sign it to approve of the plan and to agree to follow it themselves.  The plan is reviewed at a set review date. It will also be reviewed if there is a significant change in the inmate’s condition or if an inmate is transferred.  Every entry or change to a plan must be clearly signed by the person changing or creating it.  The plan also identifies any prosthesis or aid to daily living an inmate needs. Prostheses and Aids for Daily Living112 An inmate is entitled to the following Prostheses or Aids  False teeth.  Spectacles.  Braille equipment and other equipment for the blind.  Hearing Aids.  Artificial Limbs.  Breast prostheses, if an inmate has had a mastectomy.  Wigs, if an inmate has lost their hair due to a medical condition or chemotherapy.  Walking sticks, Crutches or Walking frame.  Wheel Chairs.  Aids for sufferers of Arthritis.  Splints and Trusses.  Orthotic aids.  Any other aid recommended by a Medical Officer.  The prison will arrange for the repair or replacement of an Aid or Prosthesis where the need arises from an accident or medical condition.  Prosthesis will be provided or replaced if the Medical Officer believes an inmate’s health would otherwise be seriously impaired. 111 112 National Policy B.06.03 National Policy B.06.03.R2 31 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003  The unit manager and the inmate negotiate the percentage of the cost that the inmate will pay.  If an inmate has deliberately damaged or destroyed their prosthesis they will have to pay the full cost of any replacement or repair.  Inmates who are using and aid or Prosthesis when they enter prison are advised of the above criteria and procedures. Referral to an Outside Agency113 If an inmate needs special care that can not be given in prison, and an inmate agrees to receive it, a Medical Officer refers an inmate to a medical care provider.  The Health Centre staff make the appointment for the inmate and advises the Custody Manager of the appointment.  An escort and/or appropriate security is arranged for the inmate.  The escort takes the necessary paperwork to the health provider with the inmate.  If an inmate is admitted to hospital their next of kin is notified (unless the inmate states otherwise). ACC If an injury to an inmate is likely to affect an inmate after they have left prison the health centre staff will register an ACC claim.114 Release from Prison115 When an inmate is released from prison they are given a summary of their health and referred to a health care provider if they need care or treatment. Were required and inmate will be given a medical certificate to support an application for a sickness benefit. Medical Diets116 Medical Officers or Nurses can prescribe an inmate a special diet if they have a medical condition that requires one. 113 114 National policy B.06.04 National policy B.06 115 National policy B.06.04 116 National policy B.06.05 32 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003  The medical staff fill in a “Medical Diet” form and give this to the Custody Manager.  The Custody Manager arranges with the kitchen staff for the inmate to receive food according to the special diet.  The Kitchen staff create menus and meals according to the instructions of the medical staff. Infectious Diseases117  A Medical Officer who diagnoses a notifiable disease must inform the appropriate health authorities.  If the Medical Centre staff believe that special precautions must be taken they notify the General Manager who approves any special strategies. AIDS/HIV118  Before and after a test for AIDS or HIV an inmate must be given counselling by a Medical Officer or a Counsellor.  The inmate is told of the results of the test.  The Medical Staff sends statistics of inmates with AIDS or HIV to the senior health advisor but does not name the inmates concerned. Terminally ill inmates Terminally ill inmates must be provided with care and treatment that keeps them comfortable and must be treated with dignity.119 Gender If possible a doctor will be of the same gender as an inmate if the inmate requests it.120 117 118 National policy B.06.07 National policy B.06.07 119 National policy B.06 120 National policy B.06 33 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 6/ PREGNANCY WHILST IN PRISON: What will happen if I am pregnant whilst in prison? * Firstly, either, a registered midwife or a medical officer with obstetric qualifications will give you a full antenatal assessment. Each prison has 24 hour access to hospital and community based obstetric and midwifery services. An individual health care plan will be developed for you and incorporated into your Case Management plan. Counselling and information will be offered to you about pregnancy from qualified counsellors, including advice about adoption, guardianship, early/temporary release, community support options and pregnancy terminations Maternity care is selected in consultation with you. If you have a local midwife or Doctor you will be allowed to keep them. You can also attend antenatal and parenting programmes. You will either be escorted out to such programmes or if there are enough women, classes will be held inside the prison. You can involve your partner or support person in decisions and activities relating to pregnancy and can have them attend the birth * * * * * Early Release: The Minister of Corrections has the power to grant your early release from prison if you are pregnant121. How do I apply for Early Release? You, with the help of your Case Manager and Unit Manager will prepare the first draft of the Ministerial (the application for early release). This goes to the General Manager who will make a submission to the Minister recommending for or against early release. The Minister will consider the early release of every pregnant inmate whether or not it has been recommended. . A lot of pregnant inmates are released by way of a Ministerial. However just because you are pregnant does not mean you will definitely be released early. It will not be considered the appropriate thing to do in all cases. 121 Criminal Justice Act 1985, s94 34 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What will be taken into account in deciding whether or not to recommend that I be released early?122 * * Your security classification Will early release violate the integrity of your sentence? If you have served only a very short time of a long sentence, the chances of you being released early will decrease. The chances of you re-offending open release and whether or not you are likely to observe the conditions of release. If you have been in prison before, the chances of you being released early may also decrease. Welfare of the mother and child: In deciding what is in the best interests of mother and child, account will be taken of: * * Views of CY&F in respect of your ability to provide a safe and caring environment for the child (and other issues). If all your other children are in CY&F custody and/or you have a history of neglect/abuse it will not be in the child’s best interests to remain with you. If this is the case you will be unlikely to be granted early release. Views of the Community Probation Service in respect of living arrangements upon release, parole conditions and other issues. Your previous response to community based sanctions These are some of the things that will be taken into account in deciding whether or not to recommend your early release. If I am released early, what community support options are available? There will probably be a lot of different support groups for new mothers in your area, speak to your counselor or get in touch with your local Citizens Advice Bureau. It is their job to know what support options are available in your community. 122 Department of Corrections Early Release for a Special Reason (Service Purchase and Monitoring Group, issued July 2000) p 3 35 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Some of the groups available in Wellington are123: La Leche League – provides help and support for breast feeding mothers Mothers Alone – feeling alone whether or not you are in a relationship. The YWCA runs a support group Birthwise – offers antenatal programmes, and parental support groups New mothers support groups – locally based groups of new mothers who talk about and share problems of being a parent Post and antenatal distress support Parent Centers – provide antenatal education programmes and support for new parents Plunket – home-like units which provide support for mothers and assistance with parenting problems Plunket hotline – 0800 933 922 Pregnancy Help – can provide information on a range of services available to pregnant women. Benefits, welfare requirements and other stuff. Banardos – provides family support. What if I am not released early will I be able to see my baby? If you have given birth in prison or have a child less than six months of age, the Department ensures appropriate arrangements are made for your child’s care. This is usually done with your input. You are also allowed to have daily visits with your baby to help establish a bond and promote breastfeeding. If you are breastfeeding, then suitable facilities are provided for you to do so or to express milk. Depending on what prison you are at and the security risk, visits can be up to 12 hours. These visits will take place in private rooms. 123 Matpro Maternity Guide p33-34 36 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 7/ TRANSFERRING BETWEEN PRISONS: You can apply to be transferred to another prison124. Subject to available beds, you will normally be held in or transferred to a prison that is nearest to your home area. This will not always happen, it can depend on things like, your security classification or whether or not you are attending a special programme125. How do I apply for a transfer? 1) Talk to your Case Manager, who will get you a Transfer Request form, they can help you fill it out. The Unit Manager will consider your case management plan (will a transfer affect your eventual reintegration into the community?) and will submit the form to the General Manager along with their recommendation. If the General Manager approves then this application will get sent to the manager of the prison you wish to transfer to. If they approve it a reciprocal transfer will occur. You will be informed of the transfer at least a week prior to it occurring126. 2) 3) Transferring between prisons is not a right. It is possible to apply but that does not mean that you will be automatically allowed to transfer. It depends on a number of things, including how many beds are available and whether you have a good reason for wanting to transfer What is considered to be a good reason for transferring? * * If you have strong family ties/links in a particular area If a family member is critically ill (this usually means your children, partner, mother, father, brothers, sisters. Basically your immediate family) If you have further Court or parole board appearances in a certain area (access to your lawyer) If you are pregnant and have a valid reason for wanting to give birth in a certain area (If your stay in prison less than six weeks or you are too pregnant to travel, you are unlikely to be transferred) * * 124 125 Penal Institution Act 1954, s22 Public Prisons Service Inmate Transfers and Placement – National Policy (effective from 27 Feb 1998) Ref No C.03.01.R1 p 1 126 above n 109 Inmate Transfers and Placement Ref No C.03 p 1/Ref No C.03.01 p 1 37 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 If your case management plan indicates that a transfer would be a good idea. So, that you can have a period of reintegration back into the community, before you are released. This will usually happen in the last 3 to 6 months of your prison sentence (although it depends on your sentence) * If you have serious medical problems that require urgent medical attention that is only available in a certain area * If you make an application for a special programme, such as the Drug treatment programme at Arohata, you will be transferred if accepted into it. This is not necessarily an exhaustive list of reasons to transfer. * 38 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 8/ APPEALING SENTENCES: Can I appeal my sentence? You have the right to appeal or seek leave to appeal your sentence, unless it is one fixed by law127. You must appeal against a summary sentence within 28 days128 You must appeal against a sentence on indictment within 10 days129. You can ask the Court to extend the time allowed for filing an appeal130. Reasons for appealing my sentence: Sentencing is a discretionary process, in which the Judge takes account of many factors. Because of this there may be a number of legitimate reasons for appealing your sentence. It would be impossible to list them all but a few common ones are131 * * The Judge does not have jurisdiction to impose the sentence he/she did The sentence is excessive. This means that the sentence is too high when considering the maximum sentence, the level of sentencing that normally occurs for that offence, how serious the degree of offending was and your personal circumstances. The sentence is inappropriate. Normally a different type of sentence is imposed for that offence e.g. community service Substantial facts relating to the offence, or to your character or personal history were not before the sentencing judge If there is a difference in sentence between you and a co-offender that is unjustified and gross. Although there may be many reasons why such a difference is acceptable, including the degree of involvement of the other person in the offending and previous criminal history. The Judge may have made an error of law The Judge may have failed to take into account circumstances and or mitigating factors that he should have taken note of in deciding on the sentence The Judge may have taken into account certain aggravating factors that he should have disregarded: * * * *   lack of remorse a plea of not guilty 127 128 Crimes Act 1961, s383/ Summary Proceedings Act 1957, s115 Summary Proceedings Act 1957, s116 129 Crimes Act 1961, s388 130 Crimes Act 1961, s388(2)/ Summary Proceedings Act 1957, s123 131 Reasons found in: Summary Proceedings Act 1957 s121(3)/ Geoff Hall Sentencing Appendix II: Appealing Sentences 39 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 discourteous behaviour the conduct of the defence offences other than those which the offender has been charged with he may have decided the case on a factual basis that was inconsistent with your plea and the verdict of the Jury. These are just some of the things that you may be able to base an appeal on. It is very important for you to talk to a lawyer who will help you to file an appeal and to determine the best grounds for making that appeal. 40 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 9/ PRISON GRIEVANCES/REVIEW OF DECISIONS: You have the right to have a decision made by the prison concerning you reviewed or to lodge a complaint or grievance for any other reason132. Notices explaining the Grievance Procedure and how you can obtain a Grievance Form or request an interview with the Inspector of Prisons, a Visiting Justice or Ombudsman are prominently displayed133. 0800 numbers to the Inspector of Prisons and the Ombudsman are also clearly displayed. You can request an interview in writing, with a Visiting Justice, Inspector of Prisons or the Ombudsman134. That request will be forwarded to them. You can also seek resolution of your concern from the Human Resources Commissioner. Procedure135: 1. Fill out a grievance form 2. You will be interviewed about your grievance within 3 days of lodging it 3. A decision will be made at that interview that will either resolve the problem or identify the action that will be taken to resolve it 4. The result of the interview will be noted on your grievance form and both you and the Unit Manager will sign it. 5. If follow up action is required then: you will be interviewed by the General Manager within 7 days and/or by the Inspector of Prisons, during their next routine or arranged visit and/or by a Visiting Justice during an arranged visit and/or by the Ombudsman during their next scheduled visit. If you have difficulties with verbal or written communication then you will be provided with assistance136. You are also entitled to have peer/advocacy support in presenting your grievance137 132 133 Penal Institution Regulations 2000, s179 Penal Institution Regulations 2000, s179(3) 134 Penal Institution Regulations 2000, s183/ Penal Institution Act 1954, s37, s38 135 Penal Division Inmate Interviews and Grievances National Policy (effective from 3 April 1995) Ref no B.10.01 p 1 136 Penal Institution Regulations 2000, s 180 137 above n 123 Inmate Interviews and Grievances Ref No B.10.01.R3, p 1 41 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 10/ LEGAL AID: What is it and what will it cover? Legal aid is how lawyer’s fees are paid for a person. It will help cover all the necessary fees and expenses of your Court case. There are two different types: civil legal aid and criminal legal aid. Who can apply for it? Anybody who needs a lawyer and cannot afford one may apply for legal aid. If you are under 20 then special rules apply that you should talk to your lawyer about. Legal aid is administered by the Legal Services Agency and only providers listed with the Agency can supply legal aid. How do I apply? You can apply by filling in a Legal Aid form. A lawyer can bring one in to the prison and help you to fill it out correctly. You can contact the District Law Society, Community Law Centre or Citizen’s Advice Bureau to find a lawyer who is a listed legal aid provider. Their contact details will be in the phonebook. If you qualify for criminal legal aid then the Legal Services Agency Grant Officers will appoint a lawyer for you from a roster of approved lawyers. You usually cannot change your lawyer. What type of things can I get legal aid for?138 * * * * * Family Court matters: matrimonial property problems, custody, access, adoption and domestic violence matters Problems like debt, being sued or suing someone Things dealt with by tribunal’s e.g. Tenancy tribunal, Employment Tribunal etc Things dealt with by other Courts e.g. Maori Land Court If you have been charged with a criminal offence Criminal Legal Aid: Will help you in: * deciding whether or not to plead guilty * applying for bail * defending your charge – if plead not guilty * giving Court explanation – if pleading guilty * appealing against conviction/sentence 138 Legal Services Act 2000, s6, s7 42 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What things will I need to know in order to complete the form? You may have to know: * Your income for the last 12 months or how much money you are getting every week * How much money you have in the bank * What bills you have and what it costs you each week to live * How much your things are worth e.g. House, car, furniture * How much your case will cost (your lawyer should be able to give you an estimate)139 * If you are seeking criminal legal aid you will need to know what offence you are being charged with. If you have a partner, then their income and assets must also be included in the application unless you are commencing proceedings against your partner. Who makes the decision and what do they take into account? Civil Legal Aid: The Legal Services agency will decide whether or not you get legal aid. The things they take account of are:140 * Whether or not you have sufficient means to obtain legal assistance * Your prospects for success * Whether your contribution will exceed the cost of proceedings * Whether or not you have reasonable grounds for taking/defending or being a party to the proceedings * They will also consider the nature of the proceedings and your interest in them Criminal Legal Aid: The Registrar of the Court decides this141. The things they take account of are:142 * Do you have sufficient means to obtain legal assistance? * Do the interests of justice require the granting of legal aid? In deciding whether or not it is just to grant you legal aid, they will look at: the gravity of the offence and the consequences of refusal. 139 140 Legal Services Act 2000, s12 Legal Services Act 2000, s9 141 Legal Services Act 2000, s125 142 Legal Services Act 2000, s8 43 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 What conditions attached to the granting of legal aid? You usually have to pay $50 as an initial contribution. This is refunded if you do not get legal aid. If you don’t have $50 you may be able to pay by installments or not at all. Speak to your lawyer about this. You may have to pay some money towards legal aid, called contributions143. These can be paid by installments (weekly, fortnightly or monthly). If they are not on time, legal aid may be stopped. You may have to pay the legal aid back from the proceeds of a civil case144. A charge may be placed on your things145. This means that when you sell that item you must pay back the legal aid. Of course it can be paid back beforehand. Special rules apply if you are seeking aid for a Domestic Violence matter. You will get the money as a grant. There will be no charge on your property and you won’t have to make any contribution or pay it back146. Right of review: If legal aid is refused you can ask the Legal Services Agency to reconsider the matter147. You can also seek a review of the Agency’s decision. This must be done within 20 days148. You will need to fill out a form to do this. 143 144 Legal Services Act 2000, s15(1) Legal Services Act 2000, s15(2) 145 Legal Services Act 2000, s15(3) 146 Legal Services Act 2000, s16 147 Legal Services Act 2000, s29 148 Legal Services Act 2000, s55 44 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 11/ TENANCY PROBLEMS: What will happen with the house that I am renting while I am in prison? This depends on whether you are renting through Housing New Zealand or privately. HOUSING NEW ZEALAND: If you have a partner or children, you can apply following discussion with your Tenancy Manager, for the Tenancy to be transferred into their name. Whether or not this happens depends on the age of your children and the suitability of the housing in line with the changed housing needs. If you live on your own the tenancy will be terminated and arrangements will be made for a suitable notice period and removal of your personal belongs and furniture. RENTING PRIVATELY: Talk to your landlord about what is going to happen. You may be able to arrange to transfer the tenancy to your partner or your children. If the landlord is agreeable to this you will need to fill in a Change of Tenant form and send it to Tenancy Services. If you are on your own (or your children are too young) you may be able to agree on a suitable period of notice and time to remove your furniture and belongings. What if I need housing once I am released from prison? Housing New Zealand will be happy to assess your need for housing once you are released from prison. You will need to complete an Application for Housing and a Needs assessment to determine your priority for housing. It is best to deal with this while you are still serving your sentence, if you know that you are going to need accommodation once you are released. Ring Housing New Zealand (their number is in the phonebook) and ask to speak to someone about this. They will probably be able to send you the application forms. What do I have to do to get my bond returned? You should have a Bond Refund form, if you don’t you can get someone to pick one up from the Tenancy Services Office or ring 0800 737 666 to get one sent to you. You will need to have your bond number on the form. It will need 45 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 to be signed by both you and the landlord. You will also need to state the amount of refund that has been agreed to and provide your bank account number if you want the refund to be direct credited. You will need to give a contact phone number and address for both you and your landlord149. However, you may not be able to get your bond refunded if you have breached any of the conditions of the Tenancy Agreement (e.g. caused damage to the property)150 If you have a fixed term agreement151 and you will be going to prison before the term expires or you have a periodic tenancy and you will be imprisoned before you can give suitable notice152 this may constitute abandonment of the premises. You may have to forfeit some or all, of your bond to cover the unpaid rent153. What if I have a dispute with my landlord? If you have a dispute with your landlord over the bond, removing your belongings or notice, try talking to them or Tenancy Services about the problem. If this doesn’t work you can fill in an Application for Order of the Tenancy Tribunal. There is a $20 fee154. Your application will be given to a mediator who will get in contact with you155. The mediator will listen to both sides of the problem, encourage discussion, advise on points of law and try to help you reach a solution. They can make a binding order in writing if an agreement is reached156. If there is no agreement then the matter may be referred to the Tenancy Tribunal157 (you may be able to get legal aid for this). It is a quick process, more formal than mediation. The tribunal will listen to both sides and reach a decision, which if usually final and binding on the parties 158. If you are in prison you can either get someone to represent your views or you may be able to submit your complaint in writing. 149 150 Tenancy Services All about Bonds – Lodgements, Refunds, and Transfers. Residential Tenancies Act 1986, s40 151 Residential Tenancies Act 1986, s50 152 Residential Tenancies Act 1986, s51 153 Residential Tenancies Act 1986, s61 154 Residential Tenancies Act 1986, s86 155 Residential Tenancies Act 1986, s87 156 Residential Tenancies Act 1986, s88 157 Residential Tenancies Act 1986, s77 158 Residential Tenancies Act 1986, s80 46 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 12/ HOME DETENTION: What is Home Detention? You are detained at a residence in the community on conditions imposed by the Parole Board. You will not be custody and will be able to apply for social welfare benefits. You can be recalled to prison if your breach the conditions of your detention. You will be supervised by a Community Probation Officer and the electronic monitoring is usually managed by a private security firm. Who can apply for Home Detention? Those who have been sentenced to 2 years imprisonment or less, and have the sentencing Judge’s approval may apply159. You can appeal if the Judge doesn’t give you approval160. Those sentenced to more than 2 years imprisonment can apply 5 months before parole eligibility and can be released on home detention up to 3 months prior to parole eligibility date161. You are not eligible if you were sentenced to Life or Preventive Detention. What happens if I am eligible for Home Detention? Talk to your lawyer or your Case Manager who will help you apply for Home Detention. Once you have applied, a report will be prepared. Some of the things that will be looked at in this report are162: The nature and seriousness of your offending: Consideration will be given to whether Home Detention is appropriate because of your offending and the risk of your reoffending whilst on Home Detention. Your rehabilitative and reintegrative needs: One of the key factors (in deciding whether or not you get Home Detention) can be your commitment to attending a rehabilitative programme to address the causes of your offending and what help you need to reintegrate into the community. Any restorative justice processes which may have occurred. 159 160 Criminal Justice Act 1985, 103 Criminal Justice Act 1985, s21G 161 Criminal Justice Act 1985, s103A 162 Criminal Justice Act1985, s103B 47 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Your suitability to serve a Home Detention sentence: your willingness to abide by conditions, the likelihood of you re-offending It also looks at the suitability of the place where you will be staying and the people that may be living there. The residents must consent and the Board will consider their safety. Any submissions made by victims: this may include the victim impact statement What sort of conditions will there be? You must consent and be willing to abide by the conditions of Home Detention. There are various statutory conditions and the Board may impose special conditions if they see fit. You will be closely monitored to make sure that you don’t violate any conditions whilst serving Home Detention. For example that you don’t leave the prescribed area without first obtaining permission. Usually attendance at a rehabilitative programme is a formal condition of your sentence. Such programmes may include: * * * * * * * * * * Problem solving/Cognitive skills Relationship and Sexual Issues Domestic and Parenting Skills Cultural issues Employment training Education and basic literacy Anger management/Violence prevention Drug and alcohol abuse Financial and budgeting skills Psychological and Physical Health needs If you violate any conditions or fail to complete the rehabilitative programme, this may result in enforcement procedures being instigated and may mean you will be returned to prison. What sort of monitoring and supervision will there be? You will wear a security device that omits a signal and will trigger an alarm if you leave the property. There will also be frequent contact with a Probation Officer and checks by security guards to make sure that your environment is secure. Check with your Lawyer or Case Manager regarding the availability of Home Detention. 48 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 13/ SUPPORT SERVICES AFTER LEAVING PRISON: What can I do if I have nowhere to go or need support once I am released from prison? *Perhaps the best thing to do once you are released from prison and have nowhere to go (or even before release, if you realise that you will have nowhere to go) is to contact PARS. The number will be in the phonebook. They provide a range of post-release support services to ex-inmates. If for some reason they are unable to help you personally they should be able to put you in touch with someone or some organisation that can * There is a post release hostel in Christchurch for female ex-inmates that is run by Nga Wahine Trust If you are in Auckland you could try PILLARS. Ph: (09) 631 0575. PO Box 96 054, Balmoral, Auckland. They have a hostel (though it is mainly for women and children). * Women’s Centres: All over the country there are centres that provide support specifically for women. Look in the phone book to see if there is one in your area. For example the Wellington Women’s Centre offers a range of services. Its aim is to provide a safe and comfortable place for women. It is a friendly place where you can come in and have a coffee or a chat. * * * * * * It has low cost/free courses/seminars/workshops Counselling A public access computer A free Public Access phone Information and advice on the services available to women (in that area). Including a referral to other organisations. Free legal advice (at certain times) Other options: You should also talk to your local Citizen’s Advice Bureau. They are there to help and it is their job to know what free/low cost support services are available in your particular area and where you can go if you have nowhere. Some national support networks are: * Catholic Social Services * Food banks (enquire at the Salvation Army) * National Society on Alcoholism and Drug dependency * PILLARS Christchurch (support for families of prisoners) 49 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 * * * Presbyterian Support Services Samaritans (crisis phoneline) Salvation Army What sort of benefit can I get once I am out of prison? You will not generally be entitled to receive a benefit while you are in prison163 and once you are released there may be a delay in recommencing your benefit. If you have been in prison for 31 days you may qualify for a Steps to Freedom – Re-establishment Grant. Your entitlement is based on your identified needs. A Steps to Freedom Grant will help with the costs of re-establishing yourself in the community and to cover the period until a benefit can be paid. Sentenced prisoners are provided with a Steps to Freedom form on release from prison and it should be produced at an WORK AND INCOME office when applying for the grant. Unless exceptional circumstances exist, the maximum amount payable for Steps to Freedom is $350. This is reduced by the total available cash held in your prison account at the time of release. The fact that you have received a Steps to Freedom Grant does not exclude you from applying for a Special Needs Grant for assistance with clothing for example. These grants are non-recoverable. Talk to your WORK AND INCOME Case Manager about applying for this, it is best to do so before leaving prison. Especially if you know that you are going to be faced with set up costs that you cannot afford on your own. 163 Social Security Act 1964, s76 50 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 14/ PROTECTION FOR WOMEN ONCE THEY LEAVE PRISON. What can I do to protect myself from my partner (or other people) once I leave prison? Offence All assaults and threats of violence are crimes. If a person is doing this make a complaint and the police will charge them in the District Court. Protection Order: You can apply for a Protection Order under the Domestic Violence Act 1995164. The police, Family Court, Women’s Refuge and Citizens Advice Bureau can put you in touch with a lawyer who can help you to get such an order (numbers in the phone book). You can apply for an order before leaving prison, your lawyer or another person can do this for you165. It can also be made against people who might be helping the violent person in terrorising you166. What do I need to show in order to get a Protection Order? You will need to show the Court that: 1) 2) 3) You have been in a Domestic Relationship There has been Domestic Violence (against you or a child in your family) The order is required for your protection or the protection of the person for whom it is sought. I.e. if you are applying on behalf of a child. It is important that you give your lawyer as much detail as you can about your relationship with this person and the situation, even if some of it reflects badly on you. This will allow your lawyer to work out what form you need to fill out and what orders you should make. It also allows them to present the best possible case. Domestic Relationship167: You are in a Domestic Relationship if you are: * 164 165 Married Domestic Violence Act 1995, s7 Domestic Violence Act 1994 s7(4) 166 Domestic Violence Act 1995, s17 167 Domestic Violence Act 1995, s4 51 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 * * * * In a de facto relationship Biological parents of the same family You ordinarily share the same household Have had a close personal relationship whether or not you lived in the same house Domestic Violence means168: nobody is allowed to hit, punch, kick or in anyway assault someone else Sexual Abuse: nobody is allowed sexual contact with someone without his or her permission Psychological Abuse: intimidation, threats, harassment Other things that the Courts have considered to be domestic violence: Damage to property, allowing a child to see violence, threats of physical, sexual or psychological abuse Physical Abuse: Is there anyway to keep my address confidential? You will need to complete a Notice of Residential Address and Request for Confidentiality. The Court will then take steps to ensure that the other party cannot find out your address. What if I need a Protection Order urgently? You will need to show the Judge that a delay may put you and/or your child at risk or cause hardship. If he is satisfied that, that is the case a Temporary Order can be made without giving the other party notice. They won’t know that you have applied for an order until you have it. What will the protection order do? It will automatically include non-violence conditions There will also be non-contact conditions169. The person must not: * Go to your home, workplace or onto your property * Intimidate or harass you or your child * Hang around the neighbourhood or follow you * Try to stop you or your child from coming and going * Phone, write, fax or attempt contact in anyway. 168 169 Domestic Violence Act 1995, s3 Domestic Violence Act 1995, s19 52 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 The person will usually have to hand their Firearms License and weapon into the police170 If your partner breaches the Protection Order, call the police. It is an offence and depending on how serious the breach they may be fined or sent to jail171. Are there any other orders I can get? If you do not wish to leave your home or you wish to leave but take some of the furniture with you, you can apply for a Property Order. The Court will make a Property Order if it is satisfied that it is necessary for your protection or is in the best interests of your child. The types of property order you can get are: Occupation Order: this entitles you to live in the specified home, without your partner172 Tenancy Order: will make you the sole tenant of a rented house173 Ancillary Furniture Order: entitles you to possession and use of specified furniture and household effects in the house174 Furniture order: entitles you to take specified furniture and household things to another home175. WOMEN’S REFUGE: You could also try getting in contact with your local Women’s Refuge. They are there to help protect women and their children from abusive situations. You do not have to go to them, they will come to you if need be. Their aim is to provide a supportive, non-judgmental environment for women to make decisions for themselves and their children. What services does it provide? * * A 24 hours a day, seven days a week crisis telephone service Safe-accommodation for women seeking refuge from violent family situations. These safe houses have confidential addresses and children of all ages come with their mothers to the refuge Counselling and explanations of legal rights * 170 171 Domestic Violence Act 1995, s21 Domestic Violence Act 1995, s49 172 Domestic Violence Act 1995, s52 173 Domestic Violence Act 1995, s56 174 Domestic Violence Act 1995, s62 175 Domestic Violence Act 1995, s66 53 c:/pars/forms/booklets/plain guide for women inmates New Zealand Prisoners' Aid and Rehabilitation Society October 2003 Women’s refuge will also: * * * * Intercede with WORK AND INCOME to help women apply for benefits and emergency funds Put them in touch with sympathetic lawyers, doctors and counsellors and other appropriate services Go with them to police, lawyers and Court for support Offer suggestions on finding alternative accommodation if they are unable, unwilling to go home. They will also help women relocate out of the area and in some instances out of the country. Provide Transport Uplift a woman from a domestic dispute (as long as it is safe for them to do so) * * VIOLENCE PROGRAMMES: There are special Court approved programmes, free of charge, that are designed to help you to take control of your situation. Ask your lawyer how to apply for these176. Also talk to your local Citizens Advice Bureau. Their number will be in the phonebook. They can put you in touch with various counselors, anti-violence programmes and support groups. Some such groups are: * * * Relationship Services Rape Crisis Centre National Network of Stopping Violence Services 176 Domestic Violence Act 1995, s29(3) 54 c:/pars/forms/booklets/plain guide for women inmates