Little Book of Family Group Conferences New Zealand Style

A Hopeful Approach When Youth Cause Harm

Allan MacRae

• Editorial: Good Books
• Año: 2004
• ISBN:
  9781680992489
• Categoría: Law
• Categoría: Criminal Law

Family Group Conferences (FGCs) are the primary forum in New Zealand for dealing with juvenile crime as well as child welfare issues. This third volume in The Little Books of Justice and Peacebuilding Series is about the juvenile justice system that is built around these conferences. Since their introduction in New Zealand, Family Group Conferences have been adopted and adapted in many places throughout the world. They have been applied in many arenas including child welfare, school discipline, and criminal justice, both juvenile and adult. In fact, FGCs have emerged as one of the most promising models of restorative justice. This Little Book describes the basics and rationale for this approach to juvenile justice, as well as how an FGC is conducted. A title in The Little Books of Justice and Peacebuilding Series.

4.

Organizing a Family Group Conference

New Zealand law establishes different kinds of Family Group Conferences for child offenders and youth offenders. FGCs held for child offenders (between 10 and 14 years old) primarily focus on the welfare and interests of the child more than on the offending behavior as such. Here the well-being of the child is paramount, but that is, of course, coupled with obligations to teach the child accountability and responsibility. Youth offenders (those between 14 and 17 years old), on the other hand, can be held criminally accountable. Regardless of the type, the basic shape of the FGC process is the same. The following is a description of the roles involved and how a Conference is put together and conducted.

The Coordinator’s role

The person who organizes and oversees the overall process, and normally facilitates the Conference itself, is called a Youth Justice Coordinator.

The Coordinator receives reports from the police and meets with them to explore alternatives to filing criminal charges. Indeed, collaboration with the police is a key element in communities where the Youth Justice system has been especially effective in reducing crime. In fact, in an effort to increase collaboration, a recent focus in New Zealand is on creating “youth offending teams” which comprise all of the professionals involved in Youth Justice.

Once it has been decided to take a case to an FGC, the Coordinator’s tasks are to:

1) prepare the parties,

2) convene and facilitate the Conference,

3) monitor the principles of the Act,

4) record the agreements or plans, and

5) communicate the results to the appropriate people and agencies.

More specifically, the Coordinator is required to:

a. Consult with the offender and the family of the offender about:

• the process to be used in the FGC, and the date, time, and venue for the FGC and,

• who should be invited. Under New Zealand law, the offender’s extended family members are entitled to attend the FGC, so it is important to consult with the family about what additional support they may require.

b. Consult with the victim about:

• whether s/he wishes to attend and, if so, the date, time, and venue for the FGC, and,

• his/her rights in the process. This includes the different ways in which s/he can participate in the process. Victims may send a representative, have phone contact with the FGC, write letters, or have the FGC Coordinator put information through to the FGC on his/her behalf. This information may be presented as a video or audio tape or simply be conveyed as a verbal message. If the victim or a representative does attend, that person is entitled to have support people come along. The victim may decline to participate at all. Good support for victims encourages them to attend and to receive benefit from the Conference. Research shows that the best results are achieved when victims attend, but it must be their choice to do so.

c. Take all reasonable steps to give notification, including date, time, and venue, of the Family Group Conference to all those who are entitled to attend.

d. Find out the views of those persons who are involved but are unable to attend the Family Group Conference.

e. Ensure that relevant information and advice is made available to the Family Group Conference that will enable the FGC to carry out its functions. This includes providing information about services and networks in the community that may be relevant. The Coordinator needs to have a well-functioning network within the community and with other professionals.

f. Convene and guide the Conference itself, adapting it to the cultural setting and to the needs of the parties.

g. Ensure that the decisions, recommendations, and plans which emerge are within the principles that guide the process.

h. Record the decisions, recommendations, or plans made by the Family Group Conference and ensure that they are made available to the appropriate persons and agencies (such as the police and court). If the plans require the service of an agency or a person who is not present at the FGC, the Coordinator must seek that entity’s agreement after the FGC.

i. Reconvene the FGC if two people who attended the FGC request it, the plan calls for it, the Court orders it, or if the Coordinator or police feel there is a need to reconvene the FGC (e.g., if parts are not working).

As a facilitator, the Coordinator’s role includes something similar to mediation. As the multiple task list above suggests, however, the term “mediation” is not totally appropriate. Like a mediator, the Coordinator must seek to be impartial and balanced and may not impose outcomes or solutions. However, the Coordinator is responsible for helping the police or courts make decisions about the process, ensuring that the offender is held adequately accountable during the Conference, and seeing that the plan adopted by the FGC is manageable, appropriate, and monitored. In short, the Coordinator is mandated to ensure that the process and outcomes are guided by the principles.

Conference participants

In addition to the Coordinator, the Youth Justice System in New Zealand makes provision for the following participants in an FGC. However, attendance is only mandated for offenders, family members of the offenders, and police representatives.

• Offenders and their families, including extended family,

• Victims or victim representatives, and supporters,

• Police representatives (Youth Aid Officer),

• Youth Advocates. Special lawyers are carefully selected and appointed to assist in Youth Justice cases. They are to safeguard the rights of the young offenders and assist the process; their role is not adversarial.

• Lay Advocates. These may be appointed to advise on cultural matters, to help make sure the process is culturally appropriate for those involved.

• Social workers can attend if the young offender’s family wishes, or if the agency has legal custody, guardianship, or supervision, or if it is required to give support to the child/young person.

• Information-givers. In some cases, someone with special information (e.g., community, school, or church representatives) may attend, but only for the relevant part of the Conference.

• Other care-givers, i.e., any person currently having care of the offending child or young person.

Preparation

Let’s assume that you are a Youth Justice Coordinator charged with putting together an FGC, New Zealand style.

Begin the process by sending letters to the victims, the offender, and the offender’s parents. These letters should include a pamphlet explaining the process and should ask the recipients to contact the Coordinator within 72 hours. Use the written word only to open the opportunity to communicate or to confirm an agreement that has been reached.

If you have not heard from recipients of the letters within a few days (in New Zealand, short statutory time limits of two to three weeks are placed on the process), follow up with a phone call. On the phone, ask to meet with them to explain their rights and options in more detail. Most people agree to a meeting in their home. Here are some observations and suggestions growing out of our experience as practitioners:

• Person-to-person communications are more likely to build rapport and understanding than phone or letter contact. When you communicate in this way you receive the benefit of full interaction. Real communication includes listening to the tone of someone’s voice and a visual observation of body language. For example, people may say they will attend the FGC, especially the victim or the victim’s associates, but their body language tells you they are not feeling comfortable with that decision. By acknowledging their apparent discomfort, you can open a discussion about their level of comfort and address the issues that cause it. Experience has shown that unless the discomfort is addressed, people usually decide at the last minute not to attend.

• The next best form of communication is by phone. It is important, though, to try first to meet the victim or associate face-to-face. Experience shows that the percentage of Conferences with victims attending is significantly higher when victims are invited in person. So even if victims may express on the phone that they do not wish to attend the FGC, ask if they would be willing to meet with you so you can explain their rights in the FGC process. Most agree to meet with the Coordinator, and then end up attending the Conference.

Victims may

• attend all or part,

• decline to participate,

• send representatives,

• send information.

• The written word is the most unreliable form of communication. Letters and emails are often misunderstood. Do not rely on letters or email as a sole form of communication.

• Good communications skills are required by anyone facilitating a Family Group Conference process. The facilitator needs to be able to explain the process, negotiate and seek agreements, guide the meetings, and record the decisions accurately. The facilitator’s communication skills need to function well in a number of situations, including the FGC, meetings with the enforcement agencies, and the court.

Working with victims

The initial reason for meeting with victims is to inform them of their rights and to give them information about the process. Although it is preferable to have them at the Conference, and usually beneficial to them, it is inappropriate to pressure them into attending.

In New Zealand, victims have the right to participate in three ways. First, they have the right to be present and to bring support people with them. This could be a family member, close friend, caregiver, or a representative of a victim support organization. Second, they may send a representative, and that person may bring support people. Third, victims may choose to send information only. In this third option, however, they do not have a right to object to or disagree with the outcome of the Conference, although they can refuse any outcome that involves them directly. This could include a personal apology or work done by the offender for them.

You should first consult with the victims on the date, time, and venue for the Conference. Because the victims are being asked to give their time to attend an FGC, share information that may help them decide the value of giving that time. Often victims fear re-victimization, and it is helpful to be able to tell them that the Conference process is designed to safeguard against this. Other factors to share are the successes that are being achieved through the FGC process. Some examples of these achievements are in the Appendices (pages 67-70).

The majority of victims choose to attend, but some require assistance, like travel, babysitters, or compensation for the loss of income. The New Zealand system normally provides some financial assistance for such needs. To accommodate work schedules, FGCs are often held in the evenings.

Again, it is important for you as Coordinator to be flexible about how victims wish to be involved, to support their needs, and to ensure that they choose how they want to participate. Pre...