2021 Bill 11

	11


First Session, 50th General Assembly 70 Elizabeth II, 2021
BILL 11
AN ACT TO AMEND THE CHILDREN, YOUTH AND FAMILIES ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE LISA DEMPSTER Minister of Responsible for Indigenous Affairs and Reconciliation and Minister Responsible for Labrador Affairs
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Children, Youth and Families Act to

· amend the definition of foster parent;

· clarify that the jurisdiction of a manager extends throughout the province;

· allow any manager to fulfill a power, duty or obligation referred to in the Act, regulations or an order as the circumstances require;

· reflect that an Indigenous government or organization may designate more than one Indigenous representative;

· authorize a judge to make an interim order where a hearing under section 25 of the Act has not been concluded;

· clarify the process to transfer care, supervision or custody of a child or youth between managers;

· provide other methods for serving documents on an Indigenous representative including electronic service;

· remove the requirement for an agreement where information is being disclosed without consent to the Chief Medical Examiner, the Child Death Review Committee or the Child and Youth Advocate; and

· allow information to be disclosed without consent for an investigation or a hearing relating to an allegation, complaint or concern under the Social Workers Act where the recipient of the information has signed an agreement.

A BILL

AN ACT TO AMEND THE CHILDREN, YOUTH AND FAMILIES ACT

Analysis

1. S.2 Amdt.
Interpretation

2. S.4 Amdt.
Managers

3. S.25 Amdt.
Where child is not removed

4. S.27 Amdt.
Notice of hearings where child removed

5. S.36 Amdt.
Subsequent order

6. S.43 Amdt.
Permanent transfer of custody after continuous custody order

7. S.45 Amdt.
Rescinding continuous custody order

8. S.46 R&S
Transfer between managers

9. S.46.1 Added
Application to transfer between managers

10. S.50 Amdt.
Child returned after protective intervention hearing

11. S.58 Amdt.
Service of documents

12. S.94 Amdt.
Disclosure without consent

13. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2018 cC-12.3

1. Paragraph 2(m) of the Children, Youth and Families Act is repealed and the following substituted:

(m) "foster parent" means a person with whom a child or youth, who is in the care or custody of a manager, is placed and who is authorized by the manager to exercise those rights and responsibilities respecting the child or youth that are set out in an agreement between the manager and the foster parent, and includes kin but does not include the parent;

2. Section 4 of the Act is amended by adding immediately after subsection (4) the following:

(5) A manager appointed under subsection (1) has jurisdiction throughout the province to exercise the powers and perform the duties conferred or imposed on a manager by this Act.

(6) A reference to

(a) "the manager" in this Act, the regulations or an order made under this Act; or

(b) a specific manager in an order made under this Act

authorizes any manager to carry out the powers, duties or obligations referred to in this Act, the regulations or an order made under this Act as the circumstances require, but does not constitute a transfer under section 46.

3. (1) Paragraph 25(3)(c) of the Act is repealed and the following substituted:

(c) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child.

(2) Section 25 of the Act is amended by adding immediately after subsection (4) the following:

(4.1) Where a hearing under this section has not been concluded and it is in the best interest of the child, the judge may order that

(a) the child remain with the parent under the supervision of a manager until the conclusion of the hearing under this section;

(b) the child be placed in the custody of a parent, other than the parent with whom the child resides, under the supervision of a manager until the conclusion of the hearing under this section;

(c) the child be placed in the care of the child's family or a person significant to the child, other than the parent with whom the child resides, under the supervision of a manager until the conclusion of the hearing under this section; or

(d) the child be placed in the custody of a manager until the conclusion of the hearing under this section.

(4.2) Where a judge makes an order under subsection (4.1), the judge may attach reasonable conditions to that order, including conditions with respect to

(a) the child's contact with a parent, unless the judge is satisfied that continued contact with the parent would not be in the best interests of the child;

(b) the child's contact with a person significant to the child; and

but an order shall not contain conditions with respect to the type or the geographic location of the placement for the child.

(3) Subsection 25(5) of the Act is repealed and the following substituted:

(5) At the conclusion of a hearing under this section, a judge shall determine whether the child is in need of protective intervention.

(4) Section 25 of the Act is amended by adding immediately after subsection (5) the following:

(6) Where a judge finds that the child is in need of protective intervention, the judge shall so declare and shall make an order under section 32.

4. Paragraph 27(2)(c) of the Act is repealed and the following substituted:

(c) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child.

5. Paragraph 36(3)(c) of the Act is repealed and the following substituted:

(c) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child.

6. Paragraph 43(4)(c) of the Act is repealed and the following substituted:

(c) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child or the youth is an Indigenous youth; and

7. Paragraph 45(2)(d) of the Act is repealed and the following substituted:

(d) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child or the youth is an Indigenous youth; and

8. Section 46 of the Act is repealed and the following substituted:

Transfer between managers

46. (1) A manager who has care, supervision or custody of a child or youth may transfer care, supervision or custody to another manager where the transfer would not interfere with the other manager's ability to comply with a condition of the original order.

(2) Where the care, supervision or custody of a child or youth is transferred from one manager to another manager under this section,

(a) the other manager has care, supervision or custody of the child or youth with the same rights and responsibilities as the manager who made the transfer; and

(b) the manager who made the transfer ceases to have care, supervision or custody of the child or youth.

(3) A transfer under this section is effective upon the filing of a notice with the court that made the original order.

9. The Act is amended by adding immediately after section 46 the following:

Application to transfer between managers

46.1 (1) Where the transfer of care, supervision or custody of a child or youth to another manager would result in the other manager being unable to comply with a condition of the original order, the manager who has care, supervision or custody of the child or youth may file an application with the court for an order to transfer care, supervision or custody of the child or youth to the other manager.

(2) Not later than 10 days before the date set for the hearing of an application under this section, notice of the date, time and place of the hearing shall be served on

(a) a parent;

(b) a child, where the child is 12 years of age or older, or a youth;

(d) a person who, under an order for continuous custody under paragraph 32(2)(d), has been granted access with the child or youth; and

(e) any other party to the application at which the original order was made.

(3) When a parent or another party to the application at which the original order was made is served notice under subsection (2) they shall also be served with a copy of the application.

(4) Where an application is made under this section and the judge is satisfied that a transfer of care, supervision or custody of the child or youth to another manager is in the best interest of the child or youth, the judge

(a) shall make an order authorizing the transfer of care, supervision or custody of the child or youth to the other manager; and

(b) may attach reasonable conditions to that order.

10. Subparagraph 50(1)(a)(iii) of the Act is repealed and the following substituted:

(iii) an Indigenous representative of the appropriate Indigenous government or organization, where a manager or social worker believes the child is an Indigenous child; and

11. (1) Section 58 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) Notwithstanding subsections (1) and (2), a notice or other document required to be served on an Indigenous representative under this Act may also be served by

(a) leaving a copy, in a sealed envelope addressed to the Indigenous representative, at the office of the Indigenous representative, with an adult person who appears to be an employee of that office; or

(b) sending it electronically to the electronic address for service provided by the Indigenous representative.

(2) Subsection 58(3) of the Act is repealed and the following substituted:

(3) Service under subsections (1) and (2.1) may be proved by a written or oral statement under oath by the person who served the document.

12. (1) Paragraphs 94(e) and (f) of the Act are repealed and the following substituted:

(e) for a criminal proceeding or an investigation by the Chief Medical Examiner or the Child Death Review Committee under the Fatalities Investigations Act;

(f) for a review or investigation of a matter relating to a child or youth by the Child and Youth Advocate under the Child and Youth Advocate Act;

(2) Section 94 of the Act is amended by adding immediately after paragraph (f) the following:

(f.1) for an investigation or a hearing relating to an allegation, complaint or concern under the Social Workers Act and the person to whom that information is disclosed has signed an agreement to comply with conditions set by the minister; or

Commencement

13. This Act comes into force on June 30, 2021.