Minister Provides Overview of New Child Protection Legislation; Best Interests of the Child Paramount

Child, Youth and Family Services
June 7, 2010

Minister Provides Overview of New Child Protection Legislation;
Best Interests of the Child Paramount

A progressive new piece of legislation to better safeguard the province's most vulnerable children and youth will enter second reading in the House of Assembly this afternoon.

"The best interests of the child will now become the overriding and paramount consideration in any decision made under this act while still recognizing the importance of the family and significant others in a child's life," said the Honourable Joan Burke, Minister of Child, Youth and Family Services, during a news conference earlier in the day to review the highlights of the act. "This is the first step towards a major transformation and ultimately creating the best child protection system in the country."

The bill will replace the current Child, Youth and Family Services Act and will be named the Children and Youth Care and Protection Act to better reflect the intent of the act and to distinguish it from the name of the department which is also responsible for other legislation. The Children and Youth Care and Protection Act provides the authority to intervene when a child or youth is the victim, or at risk, of harm or neglect by a parent.

The proposed new legislation contains significant updates and child-focused amendments which include reducing the number of temporary court orders for children in the care of the province; promoting better permanency planning; requiring a detailed plan of care for children to be filed with the courts; establishing a process for monitoring all children in care; and supporting youth in need of protection for longer periods as they transition into adulthood.

Other highlights include recognizing the risk of emotional harm as grounds for protective intervention and introducing a new statutory legislative review process (see backgrounder). Overall, the new legislation will serve to better protect children and provide greater clarity to staff, community, clients and the courts.

"I am very proud to introduce this new legislation which, when enacted, will be a strong foundation for change," said Minister Burke. "Our policy decisions as we move forward to build a new department and the clinical work of child protection social workers will be grounded in strong, child-focused legislation."

The review was completed in careful consultation with key stakeholders, including representatives from advocacy, client, aboriginal, education, health, judicial and community groups, as well as with members of the public and other interested groups

It also included an examination of comparable legislation across the country, new child protection developments and best practices in the field. Both the Turner Review and Investigation and the Clinical Services Review recommended a legislative review.

The Children and Youth Care and Protection Act will officially come into effect next year, along with updated policies to reflect the new legislation. Staff will be trained in the new provisions. The creation of the new Department of Child, Youth and Services (CYFS) was announced under Budget 2009.

The bill can be viewed in its entirety at www.assembly.nl.ca/business/bills/Bill1001.htm

Video of Minister's News Conference (wmv format)

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Media contact:
Susanne Hiller
Director of Communications
Department of Child, Youth and Family Services
709-729-5148, 697-3760
susannehiller@gov.nl.ca

BACKGROUNDER
Highlights of the Children and Youth Care and Protection Act

Adds a clear purpose statement and principles that reflect the paramount importance of child-centred practice and policy
The act now clearly states that its purpose "is to promote the safety and well-being of children and youth in need of protection." It also ensures that relevant factors will be considered when determining a child or youth's best interests, including cultural connections; emotional, physical and developmental needs; the importance of stability and permanency; relationships with family, or someone significant; as well as a child or youth's own opinion regarding his or her care.

Extends continuous custody from 16 to 18 years of age
Under the previous act, children who were under the continuous care of Child, Youth and Family Services (CYFS) had to leave their custodial arrangement at the age of 16 and then, in order to continue to receive financial and clinical supports, had to reapply under a voluntary Youth Services Agreement. Under the new act, the age has been raised to 18 so that youth can continue their current custody arrangement if they so wish thereby removing the pressure of making a key decision of this nature at age 16. Research on adolescent development shows that youth in care need this type of gradual and supported transition period to adulthood. The legislation includes an opt-out clause for youth who do not wish to stay in care.

Extends Youth Services Agreement from 18 to 19 years for at-risk youth who are completing high school or another educational program
CYFS provides clinical and financial help to youth who were not in continuous care before their 16th birthday, but come to the attention of CYFS after their 16th birthday as being in need of protection from a parent. They currently can access services up to their 18th birthday under a voluntary Youth Services Agreement but not beyond. Under the new Act, that age has been extended to 19 years old for youth attending high school (or the equivalent) in recognition of the extra time they may need to complete this education - an important factor for their future success.

Adds new grounds for protection intervention in the home to include "risk of emotional harm"
Previously, risk of emotional harm was not grounds for protective intervention and a social worker would have to prove that emotional harm had already taken place. This was in contrast to other grounds for intervention in the Act which acknowledged risk of physical harm, sexual abuse or neglect. There is now a provision for emotional risk and this is in keeping with the majority of Canadian provinces and territories. The new amendment defines emotional harm and provides the court with clear indicators of emotional harm and the types of parental behaviour that can lead to emotional harm. The new Act states that there must be a causal relationship between the behaviour of the child and the behaviour of the parent.

Adds new grounds for protective intervention in the home to include "living in a situation where there is a risk of violence"
The new legislation will now provide broader grounds for protective intervention when the child is living in a situation where there is a risk of violence even if the violence is not currently directed towards the child. This addresses situations in which one or both parents (or a new partner) have a history of or a propensity to violence inside or outside the home.

Ensures a detailed plan of care must be filed with the court
There has been a lack of consistent practice on documenting in court a plan of care for the child while in the care of CYFS. This amendment will ensure earlier filing of the plan, provide specific guidance to the court, CYFS and parents on the content of a plan of care, and help guide the process of permanency planning for a child. This will also enhance the consistency of court documentation and accountability across the province.

Provides new parameters around the access and disclosure of information
The new legislation clarifies information sharing and promotes better communication between agencies involved in child protection (police, health officials, schools, etc.) by providing new parameters and requirements around the access and disclosure of information.

Sets out timeframes for protective intervention orders and the number of orders allowed in a child's lifetime
The new act will reduce the number of temporary custody orders that can be issued for a child from four to three.

Introduces new statutory review process
The new act provides for a statutory review every five years to ensure timely review of legislation to keep up to date with best practice and ensure public accountability. This process will include a public and stakeholder consultation process.

Clarifies and updates terminology
Some terms have been updated and clarified in the act. The term "caregiver" has been replaced with "foster parent" to avoid title confusion and to instil a sense of professional identity.

2010 06 07 12:15 p.m.

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