DHB chair would 'seriously consider' policy preventing state uplift of newborns until post-discharge

Thursday, 16 May 2019

The chair of a health board at the centre of a high-profile child uplift case says he'd seriously consider a policy preventing social workers taking newborns until after they've been discharged from hospital.

But the Ministry for Children, Oranga Tamariki, says it has a statutory duty to take prompt action to prevent children suffering harm, abuse and neglect.

Kevin Atkinson, chair of Hawke's Bay DHB, told Stuff a policy preventing uplifts right after birth was an idea he wanted to explore over the coming weeks.

It comes after a stand-off at Hawke's Bay Hospital on May 7 between police, social workers, whānau, midwives and lawyers over the uplift of a newborn.

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'[Oranga Tamariki] have to follow their processes, but uplifting the baby from the maternity wards of the hospital, I find difficult to accept and I think there needs to be a better way of OT handling [cases],' Atkinson said.

He'd 'seriously consider' a policy where uplifts couldn't happen within the hospital; only in another premises post-discharge.

'You can imagine the disruption that occurred that day within our facility with media, police, whānau, every man and his dog upsetting not only patients in the maternity [ward] … but also the emergency department.'

Oranga Tamariki and police had 'extensive' powers which enabled them to enter any premises, including hospitals, and to 'use such force as is necessary' to uplift a child; as stipulated under the Oranga Tamariki Act 1989.

'If DHB employees had attempted to intervene, Oranga Tamariki and police would have been able to use necessary force against them.'

DHB board member Jacoby Poulain wants an independent investigation carried out into how this case was handled by all agencies; and whether the mother's rights were breached.

As part of the investigation, Poulain wanted exploration of alternatives to uplifts of newborns within hospitals.

Local iwi Ngāti Kahungunu were in the process of developing a model where their voice and aroha [love, affection] could be better incorporated into these matters, she said.

Previously the iwi's chairman Ngahiwi Tomoana said the ministry was 'kidnapping babies from the womb'.

'There are better ways to do this, and that is to involve all the relevant agencies much earlier on in assessing how each agency can potentially provide their services to strengthen the family, in terms of prevention and restoration and wraparound support … so that uplifts become a very rare necessity,' Poulain said.

'If a child is truly at risk, of course someone needs to intervene to protect the child. But I have a feeling that all avenues haven't been explored.'

Hawke's Bay DHB medical director of communities, women and children services Dr Phil Moore said the DHB would support an Ombudsman review of the baby uplift process.

Oranga Tamariki's deputy chief executive, services for children and families, Alison McDonald said the ministry could only remove a child if a Family Court was satisfied no other alternative would ensure the child's safety, when there's serious welfare concerns.

'Children are only ever removed from parents at hospital after birth as a very last resort. We do everything we can to avoid it. But ultimately if it is decided to be the safest option for a baby we must do it.'

It had a statutory duty to take prompt action to prevent children suffering harm, ill-treatment, abuse or neglect; which 'sadly … sometimes means soon after birth'.

'A policy as proposed would prevent us from being able to keep babies safe in a few of the more complex environments we work in.'