The emphasis on the need for seclusion to be a tool of last resort, used only when other interventions have failed and for a short a time as possible, is very much in line with current thinking and international human rights law standards identified in this report. Much of the substantive work in this area has been led by Te Pou o te Whakaaro Nui (“Te Pou”) a national centre of evidence based workforce development for the mental health, addiction and disability sectors. Child, Youth and Family residences The Children, Young Persons and Their Families Act 1989 determines how the state intervenes to protect children from abuse and neglect, and to prevent and address child and youth offending, including the use of CYF residences.81 Seclusion is known as ‘secure care’.82 A child or young person may only be placed in secure care to prevent them from behaving in a manner likely to cause physical harm to themselves or someone else, or to prevent them from absconding from the residence. If a child or youth is placed in secure care notice must be given within 24 hours to their parent, guardian, or someone previously having care of that child, and their lawyer or youth advocate (court appointedlawyer). This notice must specify the reasons why secure care is being used and include information on the right to apply for a review care and the procedure for doing this. A child or youth cannot legally be in secure care for more than one day unless approval has been granted by the court. The chief executive may apply to a court for approval of continued detention. A registrar may authorise continued detention in secure care until the application is determined. The hearing of the application is to be held at the residence if practicable. The court may grant an approval authorising the continued detention of the child or young person in secure care. It is valid for 14 days, then it must be renewed. The child or youth, their parent or guardian, or their lawyer/youth advocate may apply for a review of the use of secure care at any time. Regulations The Children, Young Persons, and Their Families (Residential Care) Regulations 1996 provides further detail on the rights of children and young people in residences, and operational matters such as discipline, inspections, grievance procedures, secure care and records.83 81 The Children, Young People and their Families Act (http://www.legislation.govt.nz/act/public/1989/0024/ latest/DLM147088.html) 82 Sections 367-383A, Children, Young Persons and their Families Act 1989 83 The Children, Young People and their Families (Residential Care) Regulations 1996 http://www.legislation.govt.nz/regulation/public/1996/0354/latest/DLM225697.html 84