New law will protect N.L. children: minister

Newfoundland and Labrador's provincial government unveiled new child protection legislation Monday thatit says will prevent children from falling through the system's cracks.

Child and Youth Services MinisterJoan Burke said the new children and youth care and protection act will give the government more power to detect problems earlier and to intervene when authorities believe a child is at risk.

"The best interest of the child principle will now become the single most important consideration under the act. The current act includes a best interest of the child principle, but it is part of a list of other general principles. The best interest of the child therefore was one of many considerations," said Burke.

"The new act clearly states that the overriding and paramount consideration in a decision made under the act will be in the best interest of the child. It is now a stand alone situation and no other principle has equal weight."

The changes were prompted by the 2006 Turner Review, which investigated the circumstances surrounding the death of 13-month-old Zachary Turner. The child died after his mother, Shirley Turner, clutched him to her body and jumped into Conception Bay in 2003.

The most notable change in the legislation is that all family service program recipients will now have to undergo a risk assessment, which Burke admits wasn't customary in 2003 when the Zachary and his mother died.

"The case would be processed quite differently today than it would have been back in 2003 or prior to that when the case become known. But I can't go back and say what would have happened. But I do know that we would have looked at it through a different lens today," Burke said.

Burke said, in the past, people could ask for anything from parenting to addiction services without ever having a risk assessment done.

"What will be different now is that the risk assessment will be completed. So if someone is voluntarily looking for services, we will continue and do the risk assessment" she said.

The new rules also extend the length of time children can remain wards of the state from 16 to 19 years of age. The hope is that by extending the age window, the teen would have at least completed their high school diploma, making the transition to life on their own easier.

The bill also clarifies the powers that case managers and social workers have to act on information that a child may be in a dangerous situation.

The legislation also details the conditions for the use of mediation, family group conferencing and other forms of conflict resolution.

On Monday, the bill, which will replace the former Child, Youth and Family Services Act, entered its second reading in the province's house of assembly. The new legislation will officially come into effect next year.