​Jermain Ngawhau's grandmother, Kathleen Cooper, was meant to care for him. But like too many other young Kiwis, the tough love shown to him by his caregiver ended his life.

Cooper was convicted of the two-year-old's murder at the High Court in Auckland on Tuesday.

The 65-year-old was granted custody of Jermain and his three siblings by Child Youth and Family in 2014.

The court heard how Cooper, a meth user, was never going to be able to cope with Jermain. The case highlighted the need for more support for kin-carers who — under the long-standing whānau first policy — are prioritised when a child is removed from their home.

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The controversial policy made headlines earlier this year as it was omitted from the new Oranga Tamariki Act 1989 as part of an overhaul of Child, Youth and Family. After the backlash, it was reworded and reinserted.

CHRIS SKELTON/FAIRFAX NZ Minister of Oranga Tamariki Anne Tolley said Jermain's death was a 'tragedy'.

But Kate Bundle, from Grandparents Raising Grandchildren (GRG), says Cooper's case was a perfect example of that policy gone wrong. The problems aren't so much with the legislation, she said, but with its resourcing and support.

Cooper gained custody for her four grandchildren, all under the age of five, after her daughter became incapable of looking after them. Jermaine had developmental issues which seemed to frustrate Cooper. In November 2015, Cooper lost her temper with the toddler, throwing him down the hallway of her flat. His head injuries were so severe he died five days later in Starship Children's Hospital.

'NIA AND MOKO ALL OVER AGAIN'

Lawrence Smith Children's Commissioner Judge Andrew Becroft said new legislation was a 'step forward'.

This case demonstrates the need to prioritise the child's safety when being placed in a new home, Bundle said.

"We have big questions about what support there was for Cooper, who was caring for four children under the age of five. Was there any ongoing monitoring by Child, Youth and Family? She was not a member of GRG, did anyone tell her about us?"

Too often, family members putting their hands up to care for vulnerable children were not being given the proper support by the state. Bundle also said some social workers encouraged family members to take custody without a full intervention taking pace.

Matt Shand Moko Rangitoheriri who was killed by Tania Shailer and David William Haerewa in 2015.

"We have complained about that for years."

She felt encouraged by the changes at Oranga Tamariki and its child-centred mandate, but said the questions around Cooper's case still needed to be answered.

"This situation is on par with cases like young Moko [Rangitoheriri] and Nia Glassie. You have to understand what went wrong in order to try and make sure it does not happen again and get it right."

The expert advisory panel's interim report showed a whānau first approach under the old legislation wasn't working: "In 2010, 23 per cent of children who exited care and returned to their biological parents were re-abused and 10 per cent of those who exited care to kin or whānau placements were re-abused within 18 months. By contrast, re-abuse rates are 1 per cent for those exiting care in non-kin or non-whānau placements."

HOW THE BILL BECAME LAW

The new child protection legislation was passed into law last month. But before it was, omitting the long-held policy of placing children with whānau first as part of the overhaul of Child, Youth and Family was a controversial move.

An expert advisory panel tasked with overseeing the development of the new Ministry for Vulnerable Children Oranga Tamariki instead put emphasis on the child's safety as underpinning the new state care operating model. But Māori leaders spoke out against the change, with Māori Party co-leader Marama Fox saying the party would oppose the legislation if the government refused to make changes.

While Prime Minister Bill English at the time said the government didn't intend to make any major changes to the legislation, Social Development Minister Anne Tolley later said it was clear the new wording was not right.

Eventually, the whānau first policy was reinserted, albeit with slightly different wording. (While the old legislation said "priority should be given to family, whānau, hapū, iwi and family group as caregivers", the new Oranga Tamariki Act 1989 uses the word "preference".)

WHAT MATTERS IS 'WHERE THE RUBBER MEETS THE ROAD'

As the bill was going through Parliament, Children's Commissioner Andrew Becroft said the proposed legislation didn't give enough weight to the importance of kin-care when placing vulnerable children in a new home.

But the current legislation, he said on Wednesday, "is a very satisfactory step forward". It builds on the old policy by giving preference to kin-carers while adding they must meet the needs to form a "safe, stable, and loving home".

The real issue, however, "is practice and resourcing and context of that provision — where the rubber meets the road". And given 60 per cent of children in state care are Māori, it has to be one of the key challenges, he added.

"I think in 1989 there was probably too much of what might be called, in a crude shorthand way, 'dump and run', and not enough done to investigate, resource, and support the placement with wider whānau. I'm confident Oranga Tamariki is up for the challenge, and we know it will be a three to five-year process."

'MY THOUGHTS ARE WITH THOSE WHO LOVED HIM'

"Jermain's death was a tragedy, and my thoughts are with those who loved him," said Social Development Minister Anne Tolley.

Child safety must come first but that doesn't need to be at the exclusion of wider whānau who are able to provide a safe, secure and loving home, she said.

"I've always said that wherever possible a child should live with their family, whānau, or hapū provided it's in their best interests, safety and wellbeing."

When asked why she reinserted whānau first policy, she said the initial wording wasn't clear enough and the change clarified her original intention.

Ministry of Vulnerable Children deputy chief executive Glynis Sandlan also said Jermain's death was "tragedy". However, she said she was unable to answer questions about how the toddler and his siblings ended up in Cooper's care until the coronial process had taken its course.

Long before the coroner will make any conclusions, Cooper will be sentenced next month for Jermain's murder.