BILL 34

An Act to Amend the Family Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The preamble of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after the seventh paragraph the following:

WHEREAS it is recognized that social services provided to children should respect and preserve a child’s need for continuity of care within their kinship network, that a child’s best interests should be included in the assessment, planning and decision-making process surrounding the permanent plans for the child and that any procedural delay should be avoided as much as possible; and

2 Section 1 of the Act is amended

(a)  in the definition “community social services” or “social services”

(i) in paragraph (u) by striking out “and” at the end of the paragraph;

(ii) by adding after paragraph (u) the following:

(u.1)  kinship services; and

(b)  by adding the following definitions in alphabetical order:

“kin” means extended family members, relatives or other significant adults who have an attachment to a child or are known to a child, but does not include a parent, and “kinship” has the corresponding meaning; («parenté»)

“kinship caregiver” means an adult who is kin to a child and who cares for a child as part of his or her family; («parent-substitut»)

“kinship service agreement” means an agreement entered into under subsection 31.2(1) between the parent of a child and a kinship caregiver that places the child in the home of the kinship caregiver; («entente de services avec parenté»)

3 Section 13 of the Act is repealed and the following is substituted:

13 The Minister, where he or she considers it to be in the best interests of the child to do so, may prohibit in writing any person from visiting, writing to, telephoning or otherwise communicating with a child in care, his or her parent, foster parent or kinship caregiver, and any person who violates a prohibition in writing executed under this section having been given notice of the prohibition, or who otherwise in any way interferes with a child in care without the Minister’s consent, commits an offence.

4 Section 23 of the Act is amended in the definition “community placement resource” by striking out “a group home” and substituting “a kinship placement home, a child specific placement home, a child care residential centre”.

5 The Act is amended by adding before section 30 the following:

Voluntary protection services

29.2 In this Part, a child who has reached 16 years of age, unless the child is a disabled person, may refuse any protection service established in this Part or by virtue of any regulation created under this Part, unless otherwise ordered by a court.

6 Section 30 of the Act is amended

(a)  in subsection (1) by striking out “ill-treated” and substituting “ill-treated, including sexual exploitation through child pornography”;

(b)  in subsection (3) by striking out “ill-treated” and substituting “ill-treated, including sexual exploitation through child pornography”.

7 Section 31 of the Act is amended

(a)  in paragraph (1)(e) by striking out “sexually exploited” and substituting “sexually exploited, including sexual exploitation through child pornography”;

(b)  in subsection (2) by striking out “investigate” and substituting “intervene”;

(c)  by repealing subsection (6) and substituting the following:

31(6) For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.

8 Section 31.1 of the Act is amended by adding after subsection (1) the following:

31.1(1.1) The Minister shall ensure a concurrent plan is established at the same time as the plan referred to in subsection (1).

9 The Act is amended by adding after section 31.1 the following:

Kinship services

31.2(1) Where the Minister has determined, after completing an intervention, that the security or development of a child is in danger, and a plan for the care of the child has been established which does not include taking the child as a child in care, the Minister may allow the parents of the child to enter into a kinship service agreement with a kinship caregiver.

31.2(2) The Minister shall approve a kinship service agreement referred to in subsection (1) if the kinship caregiver, in the opinion of the Minister, is capable of providing for the child in accordance with the standards that have been prescribed by the Minister or by the regulations.

31.2(3) The Minister may enter into an agreement to provide financial or other assistance to a kinship caregiver where, in the opinion of the Minister, financial or other assistance is required to provide for

(a)  the basic needs of the child; and

(b)  the exceptional needs of the child.

31.2(4) The agreement referred to in subsection (3) may continue until the termination of the placement.

10 Paragraph 37.1(1)(e) of the Act is amended by striking out “sexually exploited” and substituting “sexually exploited, including sexual exploitation through pornography”.

11 Paragraph 44(2.1)(a) of the Act is repealed.

12 Section 55 of the Act is amended by adding after subsection (2) the following:

55(2.01) For the purposes of subsection (2), time in care of the Minister for children under twelve years of age shall be calculated cumulatively and shall not exceed twenty-four months over a five year period.

13 Section 143 of the Act is amended by adding after paragraph (d.2) the following:

(d.3)  respecting concurrent plans for the purpose of subsection 31.1(1.1);

(d.4)  prescribing the conditions of eligibility for assistance under subsection 31.2(3);

14 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.