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Report on the Review of the Child and Youth Advocate Act

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Report on the Review of the Child and Youth Advocate Act LEGISLATIVE ASSEMBLY OF ALBERTA Standing Committee on Legislative Oces Report on the Review of the Child and Youth Advocate Act Twenty-Ninth Legislature Third Session June 2017 Standing Committee on Legislative Offices 3rd Floor – Federal Building 9820 107 Street NW Edmonton, Alberta T5K 1E7 780.644.8621 [email protected] STANDING COMMITTEE ON LEGISLATIVE OFFICES June 2017 To the Honourable Robert E. Wanner Speaker of the Legislative Assembly of the Province of Alberta The Standing Committee on Legislative Offices has the honour to submit its report relating to its review of the Child and Youth Advocate Act for consideration by the Legislative Assembly. Sincerely, (original signed by) David Shepherd, MLA Chair, Standing Committee on Legislative Offices TABLE OF CONTENTS MEMBERS OF THE STANDING COMMITTEE ON LEGISLATIVE OFFICES ........................................... 3 1.0 EXECUTIVE SUMMARY ........................................................................................................................ 5 2.0 COMMITTEE MANDATE........................................................................................................................ 6 3.0 INTRODUCTION ..................................................................................................................................... 7 4.0 ACKNOWLEDGEMENTS ....................................................................................................................... 8 5.0 CONSULTATION AND REVIEW PROCESS ......................................................................................... 9 6.0 COMMITTEE RECOMMENDATIONS .................................................................................................. 10 6.1 Definition of “Child” .................................................................................................................. 10 6.2 Appointing Lawyers to Represent Children and Youth of All Ages .................................... 10 6.3 Definition of “Serious Injury” ................................................................................................... 11 6.4 Oath of Confidentiality .............................................................................................................. 11 6.5 Records Management Requirements ...................................................................................... 12 6.6 Releasing Reports with No Recommendations when Completing Investigations ............. 12 6.7 Review of the Act Every Five Years ........................................................................................ 12 6.8 Expanding the Definition of “Designated Services” ............................................................. 12 6.9 Participation in Committee Meeting when a Report of the Child and Youth Advocate is under Consideration ................................................................................................................. 13 APPENDICES ............................................................................................................................................. 14 Appendix A: Minority Report – MLAs Gill, Nixon, Pitt, van Dijken ................................................. 14 Appendix B: Written Submissions to the Committee ....................................................................... 16 Appendix C: Oral Presentations to the Committee ........................................................................... 17 MEMBERS OF THE STANDING COMMITTEE ON LEGISLATIVE OFFICES 29th Legislature David Shepherd, MLA Chair Edmonton-Centre (ND) Brian Malkinson, MLA Deputy Chair Calgary-Currie (ND) Nathan Cooper, MLA* Jamie Kleinsteuber, MLA Olds-Didsbury-Three Hills (W) Calgary-Northern Hills (ND) Deborah Drever, MLA† Jessica Littlewood, MLA Calgary-Bow (ND) Fort Saskatchewan-Vegreville (ND) Mike Ellis, MLA‡ Jason Nixon, MLA Calgary-West (PC) Rimbey-Rocky Mountain House-Sundre (W) Prab Gill, MLA§ Angela D. Pitt, MLA†† Calgary-Greenway (PC) Airdrie (W) Trevor A.R. Horne, MLA Glenn van Dijken, MLA Spruce Grove-St. Albert (ND) Barrhead-Morinville-Westlock (W) Debbie Jabbour, MLA** Denise Woollard, MLA Peace River (ND) Edmonton-Mill Creek (ND) Substitutions Pursuant to Standing Order 56 (2.1-2.4): Lorne Dach, MLA‡‡ Thomas Dang, MLA††† Edmonton-McClung (ND) Edmonton-South West (ND) Todd Loewen, MLA§§ Nicole Goehring, MLA‡‡‡ Grande Prairie-Smoky (W) Edmonton-Castle Downs (ND) Scott J. Cyr, MLA*** Ric McIver, MLA§§§ Bonnyville-Cold Lake (W) Calgary-Hays (PC) Ronald Orr, MLA**** Lacombe-Ponoka (W) * Committee member to December 13, 2016 ‡‡ Substitute for Debbie Jabbour on June 22, 2016 † Committee member from December 13, 2016 §§ Substitute for Jason Nixon on June 22, 2016 ‡ Committee member to June 1, 2017 *** Substitute for Nathan Cooper on August 16, 2016 § Committee member from June 1, 2017 ††† Substitute for Deborah Drever on January 16, 2017 ** Committee member to December 13, 2016 ‡‡‡ Substitute for Trevor Horne on January 16, 2017 †† Substitute for Jason Nixon on August 16, 2016, for Nathan §§§ Substitute for Mike Ellis on May 17, 2017 Cooper on November 4, 2016, and committee member from **** Substitute for Glenn van Dijken on May 17, 2017, and for December 13, 2016 Jason Nixon on June 16, 2017 3 Standing Committee on Legislative Offices June 2017 Final Report – Review of the Child and Youth Advocate Act Members also in Attendance: Nicole Goehring, MLA* Edmonton-Castle Downs (ND) Heather Sweet, MLA† Edmonton-Manning (ND) Graham Sucha, MLA‡ Calgary-Shaw (ND) * January 17, 2017 † January 17, 2017 ‡ May 17, 2017 4 Standing Committee on Legislative Offices June 2017 Final Report – Review of the Child and Youth Advocate Act 1.0 EXECUTIVE SUMMARY During its deliberations on May 17, June 12, and June 16, 2017, the Standing Committee on Legislative Offices made the following resolutions pertaining to the Child and Youth Advocate Act, S.A. 2011, c. C-11.5 (the “Act”). 1. That the Act be amended to expand the definition of “child” to include persons under the age of 24 years old in order to align the age limit with the Child, Youth and Family Enhancement Act. 2. That the Act be amended to provide that the Advocate can appoint lawyers to represent children and youth of all ages for matters related to the Child, Youth and Family Enhancement Act except for adoptions or for matters related to the Protection of Sexually Exploited Children Act. 3. That the Act be amended to clarify that the reference to health in the definition of “serious injury” include significant impairment to a child’s physical or mental health. 4. That the Act be amended so that the Advocate can delegate the responsibility of administering the oath of confidentiality to others within the Office of the Child and Youth Advocate. 5. That the Act be amended to include a provision for records management requirements that would parallel that which is in place for other officers of the Legislature whereby the Standing Committee may make an order respecting records management on the recommendation of the Child and Youth Advocate. 6. That the Act be amended in section 15 to allow the Office of the Child and Youth Advocate to release a report with no recommendations when completing investigations. 7. That the Act be amended so that a committee of the Legislative Assembly conduct a comprehensive review of the Act every five years. 8. That within two years after the proclamation of Bill 18* the Government consider whether amendments should be brought forward to the Child and Youth Advocate Act to expand the definition of “designated services” to include mental health services for children and services under the Family Support for Children with Disabilities Act. 9. That practices be developed so that each time a report is under consideration of a committee of the Assembly, participation includes but is not limited to the Office of the Child and Youth Advocate and department officials, similar to proceedings of the Standing Committee on Public Accounts, and that the relevant department provide documents in advance of each meeting. * Bill 18, Child Protection and Accountability Act 5 Standing Committee on Legislative Offices June 2017 Final Report – Review of the Child and Youth Advocate Act 2.0 COMMITTEE MANDATE On June 2, 2016, the Legislative Assembly passed Government Motion 20, which referred the Child and Youth Advocate Act to the Standing Committee on Legislative Offices for the purpose of conducting a comprehensive review pursuant to section 23 of that Act. In accordance with section 23 the Committee must submit its report to the Assembly within one year after beginning its review and that report is to include any amendments recommended by the Committee. Section 23 of the Act states that: A committee of the Legislative Assembly must begin a comprehensive review of this Act by July 1, 2016, and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the committee. The Committee began its review of the Act on June 22, 2016. 6 Standing Committee on Legislative Offices June 2017 Final Report – Review of the Child and Youth Advocate Act 3.0 INTRODUCTION The Child and Youth Advocate Act establishes the role of Alberta’s Child and Youth Advocate. The Child and Youth Advocate Act was created to ensure that the rights, interests, and viewpoints of the most vulnerable children and youth in provincial government systems are considered in matters that affect them. The Child and Youth Advocate Act was
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