Thank you, Mr. Chairman. The Standing Committee on Social Programs reviewed Bill 15, Adoption Act at its meetings on April 21st and 22nd, and on May 26, 1998. The committee appreciates the efforts of the Minister of Health and Social Services and his officials in responding to the committee's concerns and addressing the questions and recommendations of the committee throughout the review process.
As Members are aware, Bill 15 is a redrafted version of Bill 5, Adoption Act. Bill 5 was introduced during the fourth session of the 13th Assembly as a part of the family law package of four bills. The other bills were the proposed Child and Family Services Act, Family Law Act and Children's Law Act. At that time, the standing committee conducted an extensive public review of all of the family law bills and held public meetings in eight Northwest Territories communities. Following its review, the committee presented its report on the review of the Family Law Bills to the Legislative Assembly on October 6, 1997.
In its report, the standing committee recommended the Adoption Act be redrafted to create a clear distinction between departmental and private adoptions. In addition, the committee outlined a number of other concerns that were brought to its attention during the public hearings. The government agreed to redraft the bill in accordance with the committee's recommendations, and subsequently introduced Bill 15 on February 27, 1998. The other three bills that were a part of the family law package were passed in October 1997. They have not yet been proclaimed in force.
Given the committee's previous extensive review of Bill 15, the scope of the review of Bill 5 was restricted to conducting a thorough examination of the bill to determine the nature and extent of the revisions and whether the committee's recommendations had been met. The committee mailed a stakeholder package to northerners, advising them of the background to the bill and the committee's intentions for the review. Written submissions were invited.
The committee recognized upon its initial review of Bill 15 that many of the issues raised in its Report on Family Law Bills had been resolved. Primarily, the reorganized bill will result in legislation that is clearer and easier to use. However, the committee continued to have concern with some aspects of the bill, and Members discussed these issues extensively with the Minister and his officials. As a result of these discussions, 16 motions were passed in standing committee to amend Bill 15. Some of the motions were minor technical amendments. As well, several substantive issues were addressed.
Committee Members were concerned that the bill contained no provisions addressing the question of the identification of the father of the child to be adopted. While the committee recognizes the problems associated with mandatory requirements, Members felt that the bill should acknowledge that this is crucial information that must be made available to the child if possible. As a result, a motion was passed in committee to require adoption workers to encourage a parent to identify the other parent of the child.
As the committee had recommended in its report, Bill 15 contains new provisions allowing parents to appeal decisions of the director of adoptions to vary or terminate financial assistance. The bill also contains changes to the appeal provisions in other areas of the bill relating to the approval of private non-family adoptions and applicants for departmental adoptions. These appeals would now be heard by a person or persons designated by the Minister from outside the department. The committee agrees that these changes have resulted in an improved appeal process.
However, the committee was concerned that an appeal of a change to financial support is made directly to the Minister, rather than to a designated person. In the committee's view, a review and decision by someone from outside the department would be more appropriate and would be seen to be more independent. Following discussion with the Minister, the committee was assured that as a part of the review process, the Minister would obtain the recommendations of an objective third party from outside the department before a decision is made. This is to be incorporated in the regulations made under the act.
The committee had recommended that a provision would be included in the bill to give preference to extended family members in an adoption decision, in a similar manner to section 90 of the current Child Welfare Act. During our discussions, committee Members agreed with the Minister that it would not be appropriate to create a hierarchy of preferences, but felt that the importance of extended family should at least be one of the factors for consideration within the context of a departmental adoption. As a result, the bill was amended to provide that the family or extended family relationship between the child and prospective adoptive parents would be considered when determining the best interests of the child.
The committee had raised a concern in its report that the bill does not require a preplacement report to be completed where a child is to be adopted privately outside the Northwest Territories to a family member. The bill was amended in standing committee to provide that where such an adoption is to take place, the director of adoptions will notify the Northwest Territories director of Child and Family Services, in addition to officials in the receiving jurisdiction. This will better enable any child welfare concerns to be addressed.
Committee Members extensively discussed with the Minister the issue of the placement of the child when a parent revokes his or her consent to an adoption. The committee agrees that the overriding issue is that where there are questions or disputes about the suitability of the child's placement, the child must be kept safe and there should be an avenue to apply to court. The bill was amended to ensure that a parent who consented to the adoption and did not revoke consent is promptly notified of a revocation, where possible. In those circumstances, the child will remain with the adoptive parents until an application is made to court to determine the issue.
The committee had recommended in its report that the bill include a mandatory requirement for an investigation in circumstances where a child revokes his or her consent to an adoption. While the bill contained provision allowing the court to interview the child, Members felt that this was not sufficient, in part because the matter may never proceed to court. The bill was amended in committee to provide that where a child revokes his or her consent to an adoption, a copy of the revocation will be provided to the director of Child and Family Services. The committee was assured that the revocation would be considered to be a triggering event requiring an investigation.
The bill was also amended in committee following a suggestion by the NWT Branch of the Canadian Bar Association. The bill now requires that where an application is made for a review of a refusal to approve a proposed placement, the review must be conducted within 30 days.
Mr. Chairman, committee Members may have additional comments or questions on this bill as we proceed. This concludes the standing committee's comments on Bill 15, Adoption Act. Thank you, Mr. Chairman.