Thank you, Mr. Speaker. This was another issue raised by Mr. Enge during his presentation on Bill 5. Mr. Enge pointed out that after a child is apprehended, a non-custodial parent must gain custody rights through family court before they would be considered as a care provider for their biological child. Mr. Enge believes that, in cases where the custodial parent is proven an unfit parent, the child protection workers need the discretionary power to place the child with the non-custodial parent, on a temporary or permanent basis, if they are suitable.
As it stands now, the act only contemplates returning a child who has been apprehended to the parent -- defined as the person with legal custody -- or to the person who had care of the child at the time of the apprehension. There is no specific mention of non-custodial parents.
The Member for Monfwi is dealing with a constituent, working at one of the mines on a two-week-in/two-week-out rotation, facing a similar situation. The constituent, whose child was apprehended and placed in foster care outside of the home community, was not afforded the opportunity to arrange care for his own biological child.
There is, of course, the assumption that the child has a relationship with the non-custodial parent before the child protection worker should consider such a placement as a priority over foster care within the community.
Recommendation
The committee recommends that the Minister examine the issue of involving non-custodial parents in caring for apprehended children and, if necessary, make the required legislative and regulatory changes to allow child protection workers the discretionary powers to place apprehended children with the non-custodial parent on a temporary basis, providing that it is in the best interest of the child.
Mr. Speaker, I return over the next portion of the report to Mr. Jackson Lafferty.