‘Hardest decision of our lives’: Foster parents return Moana to state care

The couple caring for “Moana” – a traumatised young girl placed with them five years ago – say they can no longer deal with the ongoing legal battle for her care and have made the painful call to return her to Oranga Tamariki.

The couple, known as the Smiths, came to their decision after a High Court decision that went in their favour was appealed by Moana’s birth mother, who wants Moana placed in the care ofa Wellington family – the Taipas – who are also caring for Moana’s brother.

When Moana was placed in the care of a Hawke’s Bay couple in September 2018 her teeth were rotten, she had an untreated club foot and showed all the symptoms of a traumatised child.

The then 3-year-old – one of four siblings – had already been removed from her mother three times.

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Oranga Tamariki placed Moana with the Smiths, who are Pākehā, because they could not find a suitable or available whānau to take her.

But then after three stable years with the couple, Oranga Tamariki and the girl’s mother wanted her removed because they did not think the couple could meet her cultural needs.

They wanted to place her with a Māori woman and her daughter (the Taipas), who live in Wellington and have Moana’s younger brother in their care. What followed was a protracted legal wrangle.

Mrs Smith told Stuff the decision to relinquish the role as foster parents to Moana had been extremely difficult.

Among the reasons was the continued appeals and associated ongoing stress, lack of support from Oranga Tamariki’s Napier office and the “numerous baseless ‘reports of concern’ that were lodged against us – all of which found no evidence of abuse”.

“In the end it just became an unviable situation, especially for [Moana]. This was the hardest decision we have ever had to make.

“Due to the constantly difficult positions Oranga Tamariki and [Moana’s] whānau put us in instead of coming together with us to support [Moana] in every way possible – we just couldn’t go on.”

The Smiths took care of Moana on the understanding they would be raising her permanently.

They and the lawyer acting for Moana opposed Oranga Tamariki’s application to move her, and the matter went to the Family Court in Napier in 2021.

Mrs Taipa told the Family Court she “didn’t know anything about the [Smiths]” and “If Oranga Tamariki had explained permanency and the caregivers we may have changed our thinking”.

It was heard by Family Court judge Peter Callinicos, who ruled Moana would remain in the care of the foster parents and slammed Oranga Tamariki for putting ideology ahead of a child’s best interests.

Judge Callinicos outlined a plan in which all parties could have input to Moana’s upbringing and how her cultural, health and educational needs could be met.

Moana’s birth mother appealed the decision. The appeal, heard in the High Court last year, was supported by Oranga Tamariki and the Taipas.

In her ruling made in November last year Justice Helen Cull dismissed the appeal on all grounds.

Moana’s birth mother then made an urgent application to Supreme Court for leave to appeal the High Court decision. The Supreme Court told her the appeal should be to the Appeal Court, so she appealed there.

Mrs Smith said a further reason for the decision was “the absence of [Moana’s] whānau and culture in her life – despite the judge incorporating into his ruling a good amount of time for her to spend with her whānau, and by extension her hapū and iwi, throughout the year”.

She said they supported this contact from the beginning, but it never eventuated.

“In this respect we felt were being set up to fail.

“How can we raise a child if people who barely know her and only would choose to see her for a few hours every few months are making decisions that affect her day-to-day routine in ways that work for no one in the house?”

Janet Mason, the lawyer acting for Moana’s whānau, said they did not want to comment on the Smiths’ claims.

“Their main concern is, and has always been, the cultural and emotional wellbeing of their tamariki – a responsibility that has been denied them by the state and its various arms. They are now focused on picking up the pieces of this colonial experiment and ensuring Moana is safe and cared for. The state has obviously failed her.”

Mrs Smith said they were “still grieving the loss of our daughter in our home and we miss her terribly”.

“We very much want [Moana] to be a part of our lives – she is, and will always be, a child of our heart.”

Oranga Tamariki’s East Coast regional manager Julie Tangaere said the Moana case had been “a highly sensitive and complicated matter” and “an incredibly distressing situation for everyone involved”.

Oranga Tamariki’s involvement had been consistent with the implementation of the court plans, she said.

“In prioritising her wellbeing and best interests, we now continue to work with the whānau and parties involved to consider the future custody and care arrangements for her,” Tangaere said.

Tangaere did not answer questions about Reports of Concern, or whether the Smiths would be able to remain a part of Moana’s life and maintain a relationship with her.

Assistant Māori Commissioner for Children Glenis Philip-Barbara said earlier said the commission’s Te Kuku o te Manawa report found that pepe Māori “deserve to be both safe and with their whānau. It’s not one or the other”.

“For a Māori person so much of our identity is wrapped up in belonging to a whānau … It’s not just about being connected to people. It’s actually part of your identity.”

Situations such as Moana’s were “just a symptom of a system that doesn’t work for Māori”, Philip-Barbara said.

“It’s why we’ve called for a total transformation and ‘by Māori, for Māori approaches. We know from the evidence over many years that separating whakapapa connection creates trauma and loss of identity for Māori children.”

Timeline

2015: Moana born in Hawke’s Bay. In the first three years of her life she is removed from her mother three times. Moana was one of four siblings. Her mother was pregnant with a fifth child when Moana was removed from her care.

September 2018: Moana, 3, placed with the ‘Smiths’, who live in rural Hawke’s Bay after Oranga Tamariki could not find suitable or available whānau to take her.

November 2018: May 2019: Reviews filed by social worker – said the Smiths were providing Moana “a safe, nurturing and stable environment”. Friction develops between the Smiths and the social worker.

June 2019: The Smiths were told they would need to undergo a cultural assessment and that Oranga Tamariki held concerns about the Smiths’ ability to provide for Moana’s cultural needs

September 2019: Smiths learn that Oranga Tamaraki no longer intended to place Moana with them permanently, and had instead decided to move her to Wellington to live with the family [the ‘Taipas’] that was caring for her new baby brother.

October 2019: Smiths go to Family Court, applying for a parenting order under the Care of Children Act, and sought a discharge of the order that placed Moana in Oranga Tamariki’s custody.

January 2020: Oranga Tamariki take Moana from her day care centre and placed with another caregiver. Judge rules that Oranga Tamariki had insufficient grounds to remove Moana and ordered that she be returned to the Smiths. She was returned after one night away.

March 2021: Family Court hearing into applications by Smiths and Oranga Tamariki begins, but is adjourned part-heard after a few days when it became clear Oranga Tamariki had not provided vast amounts of information such as case notes, file notes, and communications relating to Moana.

July 2021: Hearing reconvenes and is completed.

September 2021: Family Court Judge Peter Callinicos rules that will remain in the care of the Smiths, and slams Oranga Tamariki for putting ideology ahead of a child’s best interests.

May 2022: High Court Justice Helen Cull hears appeal by Moana’s birth mother, represented by lawyer Janet Mason, and supported by Oranga Tamariki and the Taipas.

November 2022: Justice Cull dismisses appeal.

December 2022: Janet Mason, lawyer for Moana’s birth mother, makes urgent application to Supreme Court for leave to appeal the “Moana” case. Supreme Court judges tell Mason the Appeal Court would be best placed to hear the appeal.

December 2022: Mason files appeal with the Appeal Court.

February 2023: Smiths decide they cannot continue through appeal process and relinquish role as foster parents.