BILL 28
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 Section 1 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended
ain the definition “community social services” or “social services” by adding after paragraph (t) the following:
t.1kinship services;
t.2Alternative Family Living Arrangement services;
bby adding the following definitions in alphabetical order:
“associated person” means an adult, excluding an operator, a staff member, a care provider, a foster parent, a kinship caregiver and a person receiving services in a community placement resource or receiving Alternative Family Living Arrangement services, who (personne associée)
aresides in a community placement resource,
bresides in a home where kinship services or Alternative Family Living Arrangement services are provided, or
chas frequent contact with a person residing in a community placement resource or a child receiving kinship services by virtue of the adult’s relationship with the operator, staff member, care provider, foster parent or kinship caregiver;
“kin” means extended family members, relatives or other significant persons 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)
2 The Act is amended by adding after section 3 the following:
Determination of suitability
3.1( 1) The Minister may determine that an operator, a staff member or a class of persons prescribed by regulation is not suitable to provide social services or services in a community placement resource in the following circumstances:
ahe or she is the subject of a court order made under this Act in relation to a danger to the security or development of a child as described in paragraphs 31(1)(a) to (g);
bthe Minister has made a finding that he or she has endangered the security or development of a child under section 31.01;
che or she is the subject of a court order made under this Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g);
dthe Minister has made a finding that he or she has endangered the security of another person under section 36.2; or
ehe or she has been convicted of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed by regulation.
3.1( 2) The Minister may determine that an associated person is not suitable to have contact with a recipient of social services or a resident in a community placement resource in the circumstances referred to in paragraphs (1)(a) to (e).
3.1( 3) If the Minister determines that a person is not suitable under subsection (1) or (2),
athe person shall not provide social services or services in a community placement resource or have contact with a recipient of social services or a resident in a community placement resource, and
bthe Minister may
( i) refuse, suspend or terminate the provision of social services, or
( ii) refuse to approve a community placement resource or suspend or terminate operation of a community placement resource.
3 The Act is amended by adding after section 11 the following:
Disclosure with respect to suitability
11.001( 1) The Minister may disclose whether a person is suitable or not suitable in accordance with subsection 3.1(1) or (2).
11.001( 2) A disclosure by the Minister under subsection (1)
ashall not include the name of a child or a neglected or abused adult, and
bshall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.
4 Section 13 of the Act is repealed and the following is substituted:
Minister may prohibit communication with a child
13 When the Minister considers it to be in the best interests of the child, the Minister 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 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 consent of the Minister, commits an offence.
5 Section 23 of the Act is amended in the definition “community placement resource” by striking out “a group home” and substituting “a kinship placement, a child-specific placement, a group home, a treatment centre”.
6 The heading “Release of information” preceding section 30.1 of the Act is repealed.
7 Section 30.1 of the Act is repealed.
8 The Act is amended by adding after section 31 the following:
Finding that a person has endangered the security or development of a child
31.01 After completing an investigation, if the Minister has determined that the security or development of a child is in danger, the Minister may make a finding that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g).
9 The Act is amended by adding after section 31.1 the following:
Kinship services
31.2( 1) After the Minister completes an investigation, if the Minister has determined 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 placing the child as a child in care, the child may receive kinship services in the home of a kinship caregiver if, in the opinion of the Minister, the kinship caregiver is capable of providing for the child in accordance with standards prescribed by the Minister or by regulation.
31.2( 2) The Minister may enter into an agreement with a kinship caregiver, who fulfils the eligibility conditions for assistance prescribed by regulation, to provide financial or other assistance to the kinship caregiver if, in the opinion of the Minister, financial or other assistance is required to provide for the basic or exceptional needs of the child.
31.2( 3) The agreement referred to in subsection (2) may remain in force until the termination of the placement.
10 Section 35 of the Act is amended by adding after subsection (2) the following:
35( 2.1) When the Minister conducts an investigation under subsection (1), the Minister shall take the steps that he or she considers necessary to determine if the security of a person is in danger as described in subsection 37.1(1).
11 The Act is amended by adding after section 36.1 the following:
Finding that a person has endangered the security of another person
36.2 After completing an investigation, if the Minister has determined that the security of a person is in danger, the Minister may make a finding that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g).
12 The heading “Protective care of person” preceding section 37.1 of the Act is repealed and the following is substituted:
Security of person, protective care of person
13 Subsection 37.1(1) of the Act is amended in the portion preceding paragraph (a) by striking out “For the purposes of subsection (2), the security” and substituting “The security”.
14 Section 49 of the Act is amended
ain subsection (2.1) by striking out “responsibilities” and substituting “responsibilities to the Minister”;
bin paragraph 4(a) by striking out “upon the marriage” and substituting “on the transfer of guardianship, marriage”.
15 Section 52 of the Act is amended
aby adding after subsection (3) the following:
52( 3.1) Despite subsection (3), in the case of an application for transfer of guardianship, the notice shall be made to a person who wishes to become the guardian of the child, to the child if he or she is 12 years of age or older, to a person who holds an order for access and to any other person that the court directs.
bin subsection (4) by striking out “of subsection (3)” and substituting “of subsection (3) or (3.1)”;
cin subsection (5) by striking out “under subsection (3)” and substituting “under subsection (3) or (3.1)”;
din subsection (6)
( i) in the portion preceding paragraph (a) by striking out “under subsection (3)” and substituting “under subsection (3) or (3.1)”;
( ii) in paragraph (a) by striking out “under subsection (3)” and substituting “under subsection (3) or (3.1)”.
16 Paragraph 53(1)(a) of the Act is amended by striking out “section 54, 55, 56, 57, or 58” and substituting “section 54, 55, 56, 56.1, 57 or 58”.
17 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 the care of the Minister for a child under 12 years of age shall be calculated cumulatively and shall not exceed twenty-four months over a five-year period.
18 The Act is amended by adding after section 56 the following:
Order for transfer of guardianship
56.1( 1) Subject to subsection (2), the Minister may apply to the court for a transfer of guardianship order under which the Minister permanently transfers to another person the guardianship of a child, including the custody, care and control of the child and all parental rights and responsibilities with respect to the child.
56.1( 2) The court shall not make a transfer of guardianship order without the written consent of
athe person who wishes to become the guardian of the child, in the form prescribed by regulation, and
bthe child, if the child is 12 years of age or older or the court believes that the child is sufficiently mature.
56.1( 3) Despite paragraph (2)(b), the court may make an order without the consent of the child, if the court is satisfied that it is in the best interests of the child to do so.
56.1( 4) A transfer of guardianship order remains in force until the child
ais adopted,
bmarries,
creaches the age of majority, or
dis the subject of an order made under subsection 60(6).
56.1( 5) The Minister may enter into an agreement with a guardian to provide financial or other assistance to the guardian if, in the opinion of the Minister, financial or other assistance is required to provide for the basic or exceptional needs of the child.
19 Section 61 of the Act is amended by adding after subsection (4) the following:
61( 5) A court shall not hear an application under this section if the Minister has transferred guardianship of a child in accordance with section 56.1.
20 Section 143 of the Act is amended
aby adding after paragraph (c) the following:
c.1respecting checks with the Department, criminal record checks and vulnerable sector checks, including when a check is required and the conditions that must be met before a check is conducted;
bby adding after paragraph (d) the following:
d.01prescribing classes of persons for the purposes of subsection 3.1(1);
d.02prescribing offences for the purposes of paragraph 3.1(1)(e);
cby adding after paragraph (d.3) the following:
d.4establishing standards for the purposes of subsection 31.2(1);
d.5prescribing eligibility conditions for assistance under subsection 31.2(2);
Consequential amendments
21( 1) Section 2 of an Act to Amend the Family Services Act, chapter 8 of the Acts of New Brunswick, 2010, is repealed.
21( 2) Section 3 of the Act is repealed.
21( 3) Section 4 of the Act is repealed.
21( 4) Section 9 of the Act is repealed.
21( 5) Section 12 of the Act is repealed.
21( 6) Paragraph (d.4) as enacted by section 13 of the Act is repealed.
Commencement
22 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.