Application — additional guardian — "Moving to Independence" provisions — support arrangement — care for young persons up to 21 years old — Oranga Tamariki Act 1989, ss 78, 101, 361, 362, 386AAA, 386AAB, 386AAD, 386AAE, 386AAG, 386A, 386B, 386C & 396(3). At the hearing in these proceedings there were two matters to be considered: the appointment of the Chief Executive of Oranga Tamariki — Ministry for Children as an additional guardian of the child, and the child's eligibility for the "Moving to Independence" provisions under the Oranga Tamariki Act. The young person's mother – the respondent – had filed an application for the Chief Executive to be appointed as an additional guardian which was opposed by Oranga Tamariki. Given the application was opposed, this matter was set to be decided on at a later date. The young person was fast approaching the age of 18, when the existing custody order in favour of the Chief Executive would end. The "Moving to Independence" provisions provided young persons who were under custody more support to transition out of custody. Section 386AAA defined a "young person" and a "caregiver". Under s 386AAD a young person is entitled to additional supports including to live with a caregiver up to the age of 21 years and the Chief Executive must advise them of the entitlements under subsection (2). Section 386AAE required this "support arrangement" to be recorded in writing. Here, the young person met the criteria under s 386AAD and was entitled to live with a caregiver up to the age of 21 years old, being both currently under the custody of the Chief Executive pursuant to s 101, and having been placed in a care services suitable for the young person's care, control and upbringing pursuant to s 362. The Court also noted that the young person's needs required longevity to address ongoing issues. The Court was satisfied that the "Moving to Independence" provisions applied. The Court directed the Ministry to file and serve an updated plan for the young person. Judgment Date: 29 May 2024 * * * Note: names have been changed to comply with legal requirements. * * *