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November 23, 1998
(Health and Community Services)


The following statement was issued today by Joan Marie Aylward, Minister of Health and Community Services. It was also read in the House of Assembly:

New Child Welfare legislation

I am pleased to table today, a proposed bill entitled an Act Respecting Child, Youth and Family Services. This act is intended to replace the present Child Welfare Act, legislation which was based on the Welfare of Children Act, 1944.

This proposed legislation represents a fundamental shift in the way child welfare services will be provided in the province. Government, in cooperation with its regional partners, will continue to implement programs and services that are child centered and aimed at prevention and early intervention.

The proposed bill is based on an extensive review of the existing child welfare legislation and programs which was initiated during 1996/97. The review included considerable input from community groups, agencies, service providers and clients. Considerable attention was given to the recommendations of other documents including the Select Committee's Report on Children's Interests, the Child Welfare League of Canada Evaluation Report, the Social Policy Advisory Committee Report, the Provincial Strategy Against Violence, the Classroom Issues Report, and a review of legislation in other Canadian jurisdictions. I especially want to recognize the inquiry by Judge Gove from British Columbia in 1996. It has been very helpful and in fact we have used many of his recommendations.

The need for new legislation which supports best practise in social work has been strongly recommended by staff of my department who provide child welfare services. I am pleased to say that the proposed bill will reflect the recommendations of social work staff and validate in many ways the work they have been doing for a number of years, work which has not been recognized or supported through the existing legislation.

The proposed legislation supports government's intention to move from remedial approaches to prevention and early intervention strategies with services delivered by community-based agencies. The framework supports an array of responses to meet the needs of children, youth and families with the last alternative being removing the child from his or her family. These services will be provided through regional Health and Community Services Boards and Integrated Health Boards to ensure that accountability rests closer to families and communities. The current authorities of the Director of Child Welfare will be given to directors within each of these regions.

The bill also addresses the identified gap in services to youth aged 16 and 17. It provides the framework for support to youth and their families, by voluntary agreement, including residential services where the young person is unable to remain safely at home. Families who have children removed from their care can expect a more timely response from the court system and there are many more opportunities for involvement in the decisions which affect them.

Further enhancements to existing legislation are found in proposed provisions which speak to the ability to engage in alternate dispute resolution mechanisms such as mediation and family group conferencing. These provisions will allow for alternatives to the court process which is often seen to be adversarial.

Admittedly, the old Child Welfare Act was not transparent. It was written in 1944, before we were even a province. The proposed legislation recognizes the significant authority and responsibility government has in protecting the children of this province. Consequently, the proposed act supports a number of accountability measures which will assist in ensuring the interests of our children are protected including:

  • A Provincial Director of Child Welfare will have the responsibility for standards and policy development, including monitoring and evaluation.

  • Six regional directors will be appointed and will report to regional boards.

  • I will establish an arms length Minister's Advisory Committee comprised of individuals who have an interest in children's issues, including a lawyer and two persons who have received child welfare services.

  • The role of the advisory committee will be to review, every two years, the operation of the proposed legislation and determine whether the principles and purpose of the bill are being achieved.

  • The advisory committee's report will be presented to the House of Assembly.

  • The proposed legislation also provides for the establishment of Custody Review Committees within each of the regional Health and Community Services Boards and Integrated Health Boards, again with the participation of persons who have received child welfare services. This committee would review annually, all children for whom guardianship has been granted on a permanent basis by the courts.

  • Government is further supporting accountability through the funding of the Youth in Care Network, the establishment of the Premier's Council on Social Development and the development of the social audit as intended in the Strategic Social Plan.

The bill is complementary to and consistent with government's Strategic Social Plan and is one more positive step in delivering comprehensive, integrated services to children and their families. The bill must also be viewed in light of the other very significant initiatives within government, particularly the National Child Benefit Reinvestment Plan, the Model for Service Coordination, and the integration of Health and Community Services. These initiatives are reflective of the move to programs and services which are coordinated and delivered through community-based agencies and have a prevention and early intervention focus.

Government continues to be committed to services and programs which are child centered with a family focus. I would like to thank all individuals and groups who participated in the developoment of this significant initiative. This has been a long time coming and today is a very special day for all children in Newfoundland and Labrador.

1998 11 23 2:50 p.m.


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