New Child Protection Legislation Proclaimed

In keeping with the Provincial Government’s commitment to strengthen and revitalize the child protection system, the Honourable Charlene Johnson, Minister of Child, Youth and Family Services, announced the Children and Youth Care and Protection Act is now in effect.

“This important piece of child protection legislation was proclaimed on June 30,” said Minister Johnson. “When the Children and Youth Care and Protection Act was passed in the House of Assembly last June, our department committed that it would take one year to update policies and provide information to all staff on the act’s new provisions. I am pleased to say we have met this commitment and the legislation is now in effect, exactly one year from when it was passed through the legislature.”

The new legislation replaces the Child, Youth and Family Services Act and marks an important step towards improving the current child protection system. It will ensure the work of child protection social workers is based on a solid piece of legislation which makes the child’s best interests the paramount consideration.

“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,” said Minister Johnson. “I would like to take this opportunity to remind the public that under this legislation they have a duty to report if a child is, or may be, in need of protective intervention. The duty to report standard is now the same for professionals and the general public and applies regardless of whether the information is privileged or confidential.”

Highlights of the new act 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; a publication ban on identifying information about the child and their families subject to the act; establishing a process for monitoring all children in care or under a supervision order; and supporting youth in need of protection for longer periods as they transition into adulthood. The new legislation recognizes the risk of emotional harm and living in a situation where there is a risk of violence as grounds for protective intervention. It also introduces a new statutory legislative review process.

The Turner Review and Investigation and the Clinical Services Review both suggested a review of the Child, Youth and Family Services Act. The review included an examination of comparable legislation across other Canadian jurisdictions, developments in child protection and best practices in the field, as well as extensive consultations.

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Media contact:
Andrea Nolan
Director of Communications
Department of Child, Youth and Family Services
709-729-5148, 725-1593
andreanolan@gov.nl.ca 

2011 07 04                                                                      9:25 a.m.