I would like to call committee of the whole to order. There are a number of items before the committee. What is the wish of the committee? Mr. Ootes.

Thank you, Madam Chair. That we proceed with Committee Report 8-13(4) a report of the review of the Family Law Bill in conjunction with Bill 6, Child and Family Services Act.

Agreed? Thank you. If the committee is agreed we will take a short break while the witnesses prepare themselves. Thank you.

--Break

The matter before the committee today is Bill 6, Child and Family Services Act, I would like to ask the Minister for Health and Social Services, the Honourable Kelvin Ng, to introduce the bill.

Thank you, Mr. Ng. At this time I will ask if the Standing Committee on Social Programs would like to make committee's remarks on the bill. Mr. Miltenberger.

Thank you, Madam Chair. A number of amendments were made in committee to address issues raised by the public and to correct problems with the bill. A series of amendments were made to deal with apprehension of children. The intent of the bill is to allow the full process including Plan of Care Committees in cases where the child remains in the family home and in cases where the child is apprehended. There were problems with the original bill which would have forced a court hearing in some situations. The definition of abuse has been broadened to include emotional and psychological abuse. Rather than having child protection workers as a chairperson, an amendment was made to allow private care committees to select their own chair persons. An amendment was made to require written notices follow up when oral notice is given. The catch all section of the reasons why a child would be in need of protection was removed. As well, the section referring to alcohol and drug abuse was revised to clarify its application to child's abuse of these substances.

The bill was revised to reflect the importance of the local child and family services committees in partnership with the child protection worker. An amendment was made allowing the parent of a child to make an application to end permanent custody. Protection of the confidentiality of the plan of care process was added to the bill. Unfortunately, the government did not have sufficient time to prepare amendments on many issues of concern to the committee.

We expect a number of areas to be amended in the House. The entire section on plan and care committees needs to be revisited. We believe the proposed membership is too restrictive and does not allow flexibility in ensuring the best interest of the child. Committees should be allowed to continue even with a change in membership. There is also a need for continuity in plan of care after a child has become a permanent ward.

The plan of care process is one of the key parts of this bill. It is important that it reflect the best interests of the child and true community involvement. There is a need for a broader definition of aboriginal group. At this point only Dene bands are covered. There is no mention of Metis, Inuit and Inuvialuit. Amendments are coming to clarify whether the five days to put the plan of care process in place are working or calendar days.

Under the bill, the plan of care decisions must be unanimous. While unanimity is preferable we would like to see amendments made that would not allow a single individual to highjack a decision. Decision by majority should be possible to implement. We understand the department is trying to address this concern.

After a child is taken into a permanent custody, the family and community should be kept informed of the child's progress. We recognize there will be some cases where this would not be appropriate, but believe that for most cases it should be done. An amendment is being prepared to deal with this concern. The committee has a concern about the limited access by children or parents to information on their files. We have asked the Minister to take another look at this issue. Many items raised during the public hearings will be addressed by the department through policies, guidelines and regulations. The bill states as a principle that parents should not use force when disciplining their children. We have asked that this be clarified. The bill clearly outlines the obligation of the department to support young people aged 16 and over.

There must be an assurance that this support will not be abused by youth who are looking for a way to leave home because they do not get along with their parents. It must clearly be a case where it is emotionally and physically harmful for the young person to remain in the family home. The committee was very supportive with the idea of working with families before the situation deteriorates. Although the bill lists an impressive list of possible voluntary services, we share the public concern about the availability and cost of these services. We hope the Minister will work with Health and Social Services Boards to maximize services available for families.

The bill places a strong emphasis on keeping children within the family and extended family. The current foster care rules limit the ability of the families to provide foster placements. The Minister has agreed to revise the guidelines in support of extended family members who can provide a placement for a child. The committee stressed the need to inform families of any investigation processes as soon as possible. Unless there is danger that the child will be harmed, families should not be the last to know.

With a community-based approach, there is a need for involved individuals to have enough information to help children in difficulty. The department has advised that they are developing a protocol to assist and share in relevant information to people like teachers. The child and family services committee in a community will have significant responsibilities. Therefore, it is important that the committee represent a cross section of community residents. The Minister has indicated the regulations will address this concern. The clear responsibilities and time lines in the bill give the basis for an effective way of dealing with children in difficulty. However, success will depend on how well the Legislature and guidelines are followed. Regular monitoring and evaluation are essential to making this work for children. Thank you, Madam Chair.

Thank you, Mr. Miltenberger. Is the committee agreeable to ask the Minister at this time if he would like to bring witnesses. Agreed. Thank you. Sergeant-at-Arms, please bring in the witnesses.

Minister Ng, could you please introduce your witnesses for the record.

Thank you and welcome. At this time are there any general comments on the bill by Members? General comments. Mr. Steen.

Thank you, Madam Chair. Madam Chair, I think recognition should be given by all Members for the amount of work that the committee and the witnesses put forward to have this bill brought to this House at this time.

--Applause

Although many hours went into the development of this bill, I am sure there are many in the small communities that would not completely understand the fundamentals of this bill, until they were actually put into place and the communities take part in implementing the bill. Perhaps at that time a lot of community residents would then appreciate the thought and effort in making this a bill, and that the communities could feel part of it.

Madam Chair, just from looking at this bill and the amount of clauses that make up this bill speaks towards the complexity. I, for one, feel that a lot of explanation would be necessary to ensure that I fully understand what I am passing here. Therefore, I would be asking the committee to bear with me as I ask for an explanation on each and every clause. Thank you.

Thank you, Mr. Steen. Any further general comments on Bill 6, Child and Family Services Act? Mr. O'Brien. Mr. Erasmus.

Thank you, Mr. Erasmus. I am not sure if it is in keeping with the procedure or not, but if it is the wish of the committee, I am sure we can consider it. If it is the wish of the committee it will be fine. Are there any further general comments? Is the committee agreed that we will commence the clause by clause review of the bill?

Is the Minister agreeable to giving a brief explanation of each clause at the time that the clause is called?

Mr. Ningark.