Whitehorse Daily Star

Draft Children's Act review better late than never': MLA

The intentions seem good, but it will be up to the government of the day to give life to any changes to the territory's Children's Act, says John Edzerza, the NDP's health and social services critic.

By Whitehorse Star on January 7, 2008

The intentions seem good, but it will be up to the government of the day to give life to any changes to the territory's Children's Act, says John Edzerza, the NDP's health and social services critic.

Consultations are underway on a draft document for the proposed Child and Family Services Act.

While the draft hasn't been publicly released, copies have been circulating with only highlights available through the government website.

This morning, Edzerza pointed out the draft is two years behind its deadline, but also stated that's 'better late than never.'

Consultation for the review of the Children's Act, which deals with the protection and care of children in the territory, began in 2004.

There are a number of people who have needed the changes over the last two years, Edzerza said.

And right now, he added, it's like the department is being run without any clear guidelines as work on the act continues to take time.

Among the more positive aspects to the draft, Edzerza pointed to the recognition for the best interests of the child, respect for the child's culture, the involvement of first nations in addressing the child's needs and provisions for youth to be in care until they are 19, along with transitional services between 19 and 24.

Edzerza noted that currently, when a youth leaves government care at about 18, he or she isn't old enough for social assistance which left some in a sort of gap situation.

'You have nowhere to go,' Edzerza said.

The transitional services between 19 and 24 will help those in care make a more gradual change to living independently, Edzerza said.

He's hopeful that first nations will pay attention to the proposed changes during the consultation because there are still a few changes that he would like to see happen.

Among them, he noted his belief that there should be a first option of adoption for grandparents (provided they are reliable and mentally and spiritually healthy), then extended family members if there is a child in care.

Just yesterday, Edzerza said, he had grandparents approaching him about the stress they're under as their grandchild is sent Outside to live in care rather than staying in the territory with them.

There also need to be clear definitions for custom adoptions, extended family, youth and a number of other words used in the draft document, he added.

Edzerza also argued the need for a section that would allow for a child advocate, which would be at arm's length from the government and speak for children in care.

He pointed out a 15-year-old is able to speak up on what they believe would be in their best interests and should have that voice through a child advocate.

While Edzerza wants to see changes to the act come forward in the next sitting of the legislature, he noted, given how long it's taken to get to the draft, he's doubtful that will happen.

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