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2019-06-14 [p.5637]
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, with the following amendments:
1. Preamble, page 2:
(a) Replace line 4 with the following:
“needs of Indigenous elders, parents, youth, children, per-”; and
(b) replace line 32 with the following:
“in relation to Indigenous children and young adults, including post-majority care;”.
2. Clause 1, page 3: Replace lines 12 and 13 with the following:
“children and families, which could include prevention services, early intervention services, child protection services, adoption services, reunification services and post-majority transition services.”.
3. New clause 5.1, page 4: Add the following after line 21:
“5.1 If there is a conflict or inconsistency between the provisions of this Act and the provisions of Nunavut legislation relating to child and family services, and the provisions of the Nunavut legislation provide a level of services that meets or exceeds the level of services provided for by the provisions of this Act, the provisions of the Nunavut legislation prevail to the extent of the conflict or inconsistency.”.
4. Clause 8, page 4: Replace lines 27 and 28 with the following:
“(a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services;”.
5. Clause 9, page 5: Replace line 20 with the following:
“(c) a child’s best interests are often promoted when the”.
6. Clause 14, page 9: Add the following after line 2:
“(1.1) A health care facility, health care provider or social worker must demonstrate that services that promote preventive care have been provided to support the child’s family and to serve the best interests of the child before any action can be taken to remove the child from its family.
(1.2) Within 24 hours after receiving documentation that could lead to an intervention by the service provider, a health care facility, health care provider or social worker must notify the child’s family and the service provider must not proceed with any intervention unless he or she can demonstrate that preventive care measures to prevent the removal of the child from his or her family have been explored and exhausted.”.
7. New clause 15.1, page 9: Add the following after line 15:
“15.1 If an Indigenous child is at risk of being placed on the basis of or as a result of his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure, positive measures must be taken to remediate any neglect related to the socioeconomic conditions of the child’s parent or care provider.”.
8. New clause 19.1, page 11: Add the following after line 2:
“19.1 (1) Unless another forum is specified in an applicable Indigenous law, all proceedings under this Act are to proceed in the court that normally hears proceedings in relation to the protection and placement of children.
(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in the court referred to in subsection (1).
(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.”.
9. New clause 30.1, page 15: Add the following after line 27:
“30.1 (1) The Minister must establish an advisory committee, in consultation with Indigenous governing bodies, to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.
(2) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.
(3) The Minister must include the advisory committee’s report in his or her report on the review prepared under section 31.”.
10. Clause 31, page 15: Add the following after line 32:
“(1.1) When undertaking the review, the Minister must specifically study the adequacy and methods of funding and assess whether the funding has been sufficient to support the needs of Indigenous children and their families.”.
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