Protecting Yukon’s Children

The Child and Family Services Act

The Yukon’s new Child and Family Services Act came into force on April 30, 2010. The new act better protects Yukon children and supports Yukon families to care for those children.

The following changes help governments, communities and families protect the best interest of the children.

New Act provides for:

1. Mandatory reporting of abuse and neglect.
2. Guiding principles, service delivery principles and detailed provisions, regarding best interest of the child.
3. Cooperative planning with children and families to agree on plans for children and to reduce court decisions; parents will have the ability to present their own plans if agreement cannot be reached.
4. Extensive supports to families to care for their children.
5. If the matter is before, the court requirements for the court to determine that cooperative planning has taken place.
6. Provisions for alternative dispute mechanism. Use of extended family to support parents in the care of their children and in providing care for the child who cannot live at home, either on a temporary or permanent basis. This can be done through formal agreements.
7. First Nations’ involvement in planning, service delivery and court proceedings.
8. Ability for a child with special needs to be placed in out of home care through a special agreement and does not mean the child is in need of protection, but rather that the family needs support.
9. Expansion of support services for youth between the ages of 16 and 19.
10. Voluntary transitional supports are now in place to support youth in care until the age of 24 years.
11. Priorities for placement planning for children with the first priority being the extended family; and for First Nations, to place the child with a family within the child’s cultural community.
12. Requirement to involve a child’s First Nation at the initial involvement with a family, and throughout involvement with the child and family.
13. Involvement of First Nation in adoption planning. Legal recognition of an adoption according to First Nations custom.
14. More open disclosure of adoption information
15. An annual review of the plan for each child in care requires involvement of participants in initial cooperative planning for the child.
16. The establishment of a Child Advocate independent of the Director of Family and Children’s Services, or any director appointed under the Act.
17. A director is required to have a public complaint procedures and to report on compliance with minimum standards
18. Powers of a director balanced and accountable through cooperative planning, court processes, and service quality provisions.
19. Ability to establish a First Nation Service Authority with full administrative and policy making powers under its own director.

The Old Children’s Act:

1. Mandatory reporting was not required.
2. There were no provisions for cooperative planning; no requirement for First Nations involvement in planning and caring for their member’s children.; no ability for parents to present an alternate plan
3. Contained no requirement for court to determine that cooperative planning has happened and what supports and services have been offered...
4. No provision for the use of, or support for, extended family in caring for a child.
5. Does not have a requirement for First Nations involvement in planning and caring for their member’s children.
6. Required parents to give up custody of children with special needs if they required out of home care.
7. The act does not focus on youth as primary recipients of services or provide for voluntary agreements.
8. Youth in permanent care are not eligible for additional services and supports past their 19th birthday.
9. Specifies placing a child within their own cultural background but does not specify the priority of placing children with extended family.
10. Does not require this in legislation however the First Nation and Child Welfare policy that requires this was initiated as a precursor to developing the new bill.
11. Does not address First Nations involvement in planning for the adoption of a First Nations child, nor for recognition of customary adoptions.
12. Was written prior to the practice of open adoptions and disclosure of adoption information to adult adoptees and birth parents was very limited.
13. Annual reviews required but does not state who is involved.
14. Does not include a Child Advocate.
15. Does not include complaint procedures or requirement of minimum standards.