Second Session, 46th General Assembly
58 Elizabeth II, 2009
AN ACT TO AMEND THE
ADOPTION ACT, THE CHILD
Received and Read the First Time...................................................................................................
HONOURABLE JOAN BURKE
Minister of Child, Youth and Family Services
Ordered to be printed by the Honourable House of Assembly
This Bill would amend the Adoption Act, the Child Care Services Act, the Child, Youth and Family Services Act and the Regional Health Authorities Regulations to effect the transfer of operational responsibility for services provided under that legislation to the newly created Department of Child, Youth and Family Services from the regional health authorities where it presently lies.
The Bill would also provide that the minister would have the power to establish an orderly transition process for the transfer of the duties and responsibilities of the regional health authorities to the department.
AN ACT TO AMEND THE ADOPTION ACT, THE CHILD
REGIONAL HEALTH AUTHORITIES REGULATIONS
18. Commencement and transitional
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. (1) Paragraph 2(d.1) of the Adoption Act is repealed.
(2) Paragraph 2(o) of the Act is amended by deleting the number "1" and substituting the number "2".
(3) Paragraph 2(t) of the Act is amended by deleting the number "2" and substituting the number "1".
2. Section 4 of the Act is repealed and the following substituted:
Provincial director and directors
4. (1) There shall be appointed an employee of the government of the province to be the provincial director of adoptions who shall be responsible for
(a) the selection of a child for placement for adoption and the selection of an adult or adults with whom a child being adopted is to be placed;
(b) interprovincial adoptions;
(c) adoptions made in accordance with the convention;
(d) monitoring, reviewing and establishing province wide policies and standards for adoptions and adoption agencies; and
(e) reviewing and establishing standards and qualifications for adoption agency licensing.
(2) There shall be employed, in the manner provided by law, those directors necessary for the purpose of this Act.
3. Subsections 55(1) and (2) of the Act are repealed and the following substituted:
Provincial director's right to information
55. (1) The provincial director has the right to information that is in the custody or control of
(a) a department of the government of the province; or
(b) a public body as defined by paragraph 2(p) of the Access to Information and Protection of Privacy Act,
that is necessary to enable him or her to locate a person for the purpose of this Act or is necessary for the health or safety of an adopted person.
(2) A department, board, commission or other body referred to in subsection (1) that has custody or control of information to which the provincial director is entitled under subsection (1) shall, upon request, disclose that information to the provincial director.
SNL1998 cC-11.1 as amended
4. Paragraph 2(a.1) of the Child Care Services Act is repealed.
5. Section 4 of the Act is repealed and the following substituted:
4. There shall be employed, in the manner prescribed by law, those directors necessary for the purpose of this Act.
6. Subsections 5(2) and (3) of the Act are repealed.
7. Subsection 12(1) of the Act is repealed and the following substituted:
12. (1) A director may appoint a person or designate an employee of the government as an inspector for the purpose of this Act.
8. Paragraph 16(r) of the Act is repealed and the following substituted:
(r) respecting the conditions, terms and manner in which claims for funds may be made to the department and respecting the manner in which claims for those funds are to be calculated and paid out;
SNL1998 cC-12.1 as amended
9. (1) Paragraph 2(1)(a) of the Child, Youth and Family Services Act is repealed.
(2) Paragraph 2(1)(f) of the Act is repealed and the following substituted:
(f) "director" means a director of child, youth and family services appointed under section 4;
(3) Subparagraph 2(1)(n)(ii) of the Act is repealed and the following substituted:
(ii) employed by the province,
10. Section 3 of the Act is repealed.
11. Subsections 4(1) and (1.1) of the Act are repealed and the following substituted:
4. (1) There may be appointed, in the manner provided by law, those directors of child, youth and family services necessary for the purpose of this Act.
12. Subsection 11(4) of the Act is repealed and the following substituted:
(4) Where a youth is provided with services, the cost of those services may be recovered by the province and an action or other proceeding for the recovery of the cost may be instituted in the name of the province.
13. Subsection 35(2) of the Act is repealed and the following substituted:
(2) An order under subsection (1) shall be for the benefit of the province or some other person on the terms and conditions and for the period the judge considers appropriate.
14. Paragraph 75(2)(b) of the Act is repealed.
15. Section 76 of the Act is repealed and the following substituted:
Custody review committees
76. (1) The minister shall establish a review committee for each region of the province which shall review annually and report to the director of the region for which the committee was appointed on the care of all children in the continuous custody of that director.
(2) Each review committee shall be composed of
(a) an employee of the department;
(b) a parent of a child who is receiving or has received services under this Act or a predecessor Act; and
(c) a member of each appropriate professional discipline employed in the region for which the committee is being appointed.
REGIONAL HEALTH AUTHORITIES REGULATIONS
16. Paragraph 4(f) of the Regional Health Authorities Regulations is repealed.
17. A reference to a regional health authority in
(a) an order of a court or a director;
(b) a licence or a variation, suspension or cancellation of a licence; or
(c) an agreement
issued or entered into under an Act amended by this Act shall be considered to be a reference to the province and the order, licence or variation, suspension or cancellation of the licence or the agreement continues to have the effect it had before this change of reference.
Commencement and transitional
18. (1) This Act or a section or subsection of this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.
(2) Notwithstanding the coming into force of this Act or a section or subsection of this Act, the minister may direct a regional health authority to continue to
(a) provide a service;
(b) carry out a responsibility; or
(c) administer a program
it was required or authorized to provide, carry out or administer immediately before this Act came into force under an Act or regulation amended by this Act and, where the minister so directs, the authority shall
(d) provide the service;
(e) carry out the responsibility; or
(f) administer the program
until the minister otherwise directs, and the authority has the same authority to
(g) provide the service;
(h) carry out the responsibility; or
(i) administer the program
it had immediately before the coming into force of this Act or a section or subsection of this Act.
ŠEarl G. Tucker, Queen's Printer