Message from the Minister
Purpose of Discussion Guide
What is the Children, Youth and Families Act?
What is the Purpose of the Children, Youth and Families Act Review?
How to Participate
Child Welfare Practice with Indigenous Children, Youth, and Families
Permanency Planning
Children and Youth In Care
Youth Transitioning to Adulthood
Information Sharing
As the Minister of Families and Affordability, I am pleased to invite you to participate in the review of the Children, Youth and Families Act.
The Children, Youth and Families Act is a child and youth-centered, family focused and culturally responsive legislation, which guides the delivery of child protection, in care, and youth services programs throughout Newfoundland and Labrador. The legislation came into effect in June 2019 with enhanced policies and training for departmental staff. Amendments to the legislation were also made in 2021.
It is critical that our government’s decisions are informed by engagement with stakeholders and individuals to ensure everyone has an opportunity for their voices to be heard.
The protection and care of children and youth is a core value of our government and we are committed to working closely with all Newfoundlanders and Labradorians to ensure our children and youth benefit from the sense of safety and well-being they deserve.
Thank you in advance for your participation in the statutory review of the Children, Youth and Families Act.
Sincerely,
HONOURABLE JAMIE KORAB
Minister of Families and Affordability
This Discussion Guide provides an opportunity to provide input on the review of the Children, Youth and Families Act (the Act). Engagement with stakeholders and individuals will assist the Department of Families and Affordability to review the Act and further strengthen services to children, youth and their families.
What is the Children, Youth and Families Act?
The Act was proclaimed on June 30, 2019, and is the legislation that governs some of the programs and services delivered by the Department of Families and Affordability including the Protective Intervention, In Care and Youth Services Programs. To access the Act, visit: SNL2018 CHAPTER C-12.3 – CHILDREN, YOUTH AND FAMILIES ACT (assembly.nl.ca).
The Act provides the legislative authority for the delivery of services to children and youth in need of protective intervention in Newfoundland and Labrador.
What is the Purpose of the Children, Youth and Families Act Review?
The Act requires the Minister of Families and Affordability to review this legislation, and the principles on which it is based, every five years and consider opportunities to improve the legislation. The Act also requires that the review include public consultations. The 2025 review will focus on the following key areas:
- Indigenous child welfare practice
- Permanency planning for children and youth in need of protection
- Outcomes for children/youth in care
- Youth transitioning into adulthood
- Information sharing between the Department and other stakeholders
Input can be provided to the Policies and Programs Branch of the Department of Families and Affordability by emailing, calling, or sending a written submission by July 18, 2025.
| Email: | cyfareview@gov.nl.ca |
| Telephone: Toll Free: |
1-709-729-1405 1-833-889-0069 |
| Mail: | Children, Youth and Families Act Review c/o Policies and Programs Branch Department of Families and Affordability P.O. Box 8700 St. John’s, NL A1B 4J6 |
| Questionnaires: | Questionnaires are available on engageNL. |
Child Welfare Practice with Indigenous Children, Youth, and Families
Over the last five years, the Department of Families and Affordability has worked collaboratively with Indigenous Governments and Organizations (IGOs) to strengthen relationships with IGOs and improve service delivery to Indigenous children, youth and families.
In June 2019, the Act introduced a number of enhancements to acknowledge the importance of Indigenous culture in the life of Indigenous children, youth and families, including, but not limited to:
- identifying specific placement considerations for Indigenous children and youth in care (e.g. placing with family in community first, where possible)
- supporting cultural connections (e.g. requiring a cultural connection plan when an Indigenous child comes into care),
- adding definitions for Indigenous child and Indigenous youth, and;
- adding a requirement for IGOs to be served notice of child protection court matters that affect their children, youth and families.
In January 2020, the federal legislation “An Act respecting First Nations, Inuit and Métis children, youth and families” was proclaimed. This legislation calls for national standards for the welfare of Indigenous children and affirms the right to self-determination of Indigenous peoples, including the right to self-government in relation to child welfare services. The Department remains committed to supporting IGOs as they work toward assuming child welfare services from the Department.
In June 2021, in consultation with IGOs, amendments were made to the Act regarding Indigenous Representation and the definition of a foster parent. The definition of a foster parent was amended to keep with the intention of the federal legislation. Amendments involving Indigenous Representation included acknowledgment that the best interests of Indigenous children and youth are most appropriately addressed through involvement from their Indigenous community in decisions relating to their care and protection.
In June 2021, the Department and the Sheshatshiu and Mushua Innu First Nations signed the INNU-CSSD Protocol. The signing of the protocol represents significant, positive changes in how the Department works with Innu communities to support their children, youth and families. The protocol:
- Guides information sharing, collaboration and coordination of services between the Department and Innu Prevention Services and Innu Representative Services; and
- Is used in conjunction with existing departmental policies, the Act and the federal legislation.
The Department, in collaboration with IGOs, has also revised and/or developed policies to improve service delivery to Indigenous children, youth and families, including, but not limited to:
- Discontinuing birth alerts and updating the practice of working with expectant parents;
- Developing distinctions-based cultural connection plans for children/youth in care;
- Expanding the definition of Kin to include members of the child/youth’s Indigenous community;
- Revising the foster home approval process; and
- Partnering with Nunatsiavut Government to recruit, assess and support foster parents.
The Department also writes an annual report, titled “The Report on Child Welfare Services to Indigenous Children, Youth and Families,” which provides a comprehensive analysis of Indigenous client demographics and an overview of their child welfare involvement. This report enhances collaborative information sharing, supporting positive changes in how the Department engages and works with Indigenous children, youth and families, and is essential for working together to address the overrepresentation of Indigenous children, youth and families in the child welfare system.
The Department remains committed to continued collaboration with IGOs to improve outcomes for Indigenous children, youth and families involved with the child welfare system, including reducing the number of Indigenous children and youth in care.
Permanency Planning refers to the process of carrying out goal directed activities designed to help a child or youth safely live in a permanent family meant to last a lifetime.
There are four dimensions of Permanency Planning for children and youth, which include:
- a) Physical permanence: a child or youth has a safe and stable living environment
- b) Relational permanence: a child or youth has a safe and stable enduring family or family-like relationships that are meant to last a lifetime
- c) Cultural permanence: the child or youth identifies with and is connected to their cultural community
- d) Legal permanence: a child or youth has a safe, caring, legally recognized family.
Discussing permanency planning with families is an important role for social workers. Gaining an understanding of the family’s strengths and needs including identifying kin and members of the community who might play a role in keeping the child safe and supporting the family is necessary in order to work towards the most appropriate permanency plan for a child.
The preferred permanency plan for a child who has been determined to be in need of protection is to provide the parents(s) with support and services (e.g. in home parenting support, childcare) to enable the child to safely remain in the family home.
In circumstances where it is determined that a child cannot safely remain with their parent(s) and they are placed in an out of home placement, the preferred permanency plan is reunification with their parent(s) when the risk has been reduced and it is deemed safe for the child to return home.
There are times, however, when reunification with a child’s parents is no longer a safe permanency option for the child. In these cases, an alternate permanency plan is developed for the child. This plan is developed in consultation with the child (based on age and development), the child’s parents if they are involved and available, those caring for the child, and, where appropriate, other individuals who have been involved in planning for the child (e.g. kin, Indigenous representative, other community partners). When determining an alternate permanency plan that is in the child’s best interest, the social worker shall take into consideration the factors to be considered in determining a child’s best interests as outlined in s.9 of the Act, the four dimensions of permanency outlined above, and case specific clinical considerations.
The Department remains committed to timely permanency planning for all children and youth in need of protection.
When the Department of Families and Affordability becomes involved with a family, the goal is to make a plan for the child that is in their best interests. The Department works with families to provide services to allow children to safely stay at home. However, sometimes risk cannot be reduced and an out-of-home placement is necessary to keep children safe.
When children are unable to live at home with a parent, and arrangements with other family members are not available, a court process is necessary to transfer the care and custody of a child to the Department. Only the court can make a legal determination that a child is in need of protective intervention and place the child in the care and custody of the Department on a temporary or permanent basis. The decision to place a child in care is only pursued where it is in the best interest of the child and all other options have been exhausted. While all efforts are made to safely return children to their parent’s custody, there are instances where family reunification is not possible. When a continuous custody order is granted, the Department continues to engage in permanency planning on behalf of the child/youth. There are several permanency options including adoption, permanent transfer of custody, or supportive transition to independent living.
As of June 2024, 905 children and youth are in care, with approximately 60% of those being in permanent care. Fourteen percent (14%) of whom are youth (ages 16-18). Research on Canadian youth aging out of the in care system indicates they are at a higher risk, compared to their peers who are not in care, of experiencing multiple challenges and unmet needs as they enter into adulthood (e.g. poverty, unemployment, homelessness, mental health and addictions issues). The Department recognizes the importance of, and remains focused on, achieving the best possible outcomes for children and youth in care.
Youth Transitioning to Adulthood
The Department of Families and Affordability assists youth in need of protective intervention and those transitioning from in care during their transition to early adulthood. Youth must be in need of protective intervention or be transitioning from the In Care Program in order to be eligible for the Youth Services Program. A youth’s involvement in the program may continue until their 21st birthday if they engage in an individualized plan with their social worker. All services under the Youth Services Program are provided through a voluntary Youth Services Agreement signed directly with the youth. There are two streams of service provided under the Youth Services Program: Supportive Services and Residential Services:
- Supportive Services involves providing supportive services to young people living in their family home to address issues which could affect the safety, health and well-being of the youth in an effort to preserve the family unit and prevent the youth from having to leave their home (e.g counselling services).
- Residential Services involves providing a suite of residential, financial, and supportive services to youth who can no longer live at home as they are at risk of maltreatment by their parent(s). Services and support are provided based on the individualized needs of the youth and can include, but are not limited to, life skill development, mental health support, rent, and post-secondary education costs (e.g. providing financial assistance to pay for living arrangements).
During adolescence, the brain experiences a significant period of development similar to the level of brain development that occurs in early childhood. In particular, the area of the brain responsible for decision making and impulse control is not fully developed until age 25. (Child Welfare League of Canada, 2019) . As such, youth continue to need support and guidance while they navigate this critical period of development. Being connected to a network of support provides youth with the opportunity to gain life skills, knowledge, and support necessary to successfully transition into adulthood.
The Department recognizes the challenges faced by vulnerable youth and is exploring ways to enhance the Youth Services Program to better support and meet the needs of these youth.
The Department of Families and Affordability collects sensitive and personal information about children, youth and families involved in the child protection system. To ensure relevant information is kept confidential and used only as necessary when protecting the safety and well-being of children and youth, the ability to share this information with others is governed by the Act.
The Act requires any person who has information about a child, youth or parent, that indicates a child or youth is or may be in need of protective intervention, to share that information with the Department of Families and Affordability. The Act also provides the authority for the Department to disclose information about an individual, to another person, without the individual’s consent, when it is in the best interests of a child or youth.
Information sharing pertaining to a child or youth in need of protection is important when assessing safety and risk to the child or youth and when developing case plans to address child protection concerns.
The Department remains committed to strengthening information sharing practices in the best interests of children and youth.