Second

Session, 48th General Assembly

Elizabeth II, 2017

BILL 26

AN ACT TO AMEND THE

CHILD AND YOUTH ADVOCATE ACT

Received and Read the First Time ........................................................................................

Second Reading ...........................................................................................................................

Committee ............... ................................................ .. Amendments

1 ,

- December 7, 2017

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE LISA DEMPSTER

Minister

of Children, Seniors and Social Development

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Child and Youth Advocate Act to include mandatory

reporting of

the death of a child or youth;

and

a critical injury of a child or

youth.

A BILL

AN ACT TO AMEND THE CHILD AND YOUTH

ADVOCATE ACT

Analysis

S.16.1 Added

Report to advocate required

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2001 cC-12.01

as amended

1. The Child

and Youth Advocate Act is amended by adding immediately after

section 16

the following:

Report to

advocate required

16.1

(1) For

the purpose of this section,

(a) "critical injury" means an injury , including a physical or psychological injury, which

may result in the death of a child or youth or may cause serious or long-term

impairment of the health of a child or youth; and

(b) "designated services" means the

following services provided directly to a child or youth:

(

i) services provided by the Department of

Children, Seniors and Social Development under its protective intervention,

kinship, in care, youth services and community youth corrections programs, and

(ii) services provided by the Department of Justice

and Public Safety to children or youth in custody at the Newfoundland and Labrador Youth Centre or a

designated youth holding facility or to children or youth temporarily held in

adult correction facilities administered by Corrections and Community Services

or a successor division of the Department of Justice and Public Safety.

(2) Where a child or youth dies or experiences a

critical injury while receiving a designated service or within 12 months of

receiving a designated service, the deputy minister of a department, or his or

her designate, shall report the death or critical injury to the advocate.

(3) The report required by subsection (2) shall be

made as soon as practicable after the deputy minister or his or her designate

becomes aware of the death or critical injury.

(4) An action does not lie against a person for

anything he or she may do or report or say in the course of the exercise or

performance, or the intended exercise or performance, of a duty under this

section

unless it is shown he or she acted in bad faith.

Commencement

2. This Act comes into force 90 days after the day

on which it receives Royal Assent.

Queen's Printer