Protection and In Care - Government of Newfoundland and ...

1 Protection and In care Policy and Procedure Manual June 28, 2019 [Last Updated:Feb 19, 2020] Table Of Contents Acknowledgements Introduction Working with Indigenous Children, Youth and Families Policy Preamble Permanency Planning Overview Glossary of Terms Section 1: Protective Intervention Program Overview: Protective Intervention Program Overview of the Structured Decision Making Model Determining the Need for Protective Intervention Out of Home Living Arrangements During Protection Investigations Definition of a Child in Need of Protective Intervention Services to Expectant Parents(s) Police Involvement Memorandum of Understanding on Information Sharing (MOU) Observing and Interviewing Children Short Term care in the Home Protective care Agreements Duty to Report Provincial/Territorial Protocol on Children and Families Moving Between Provinces and Territories Protective Intervention kinship Services Overview kinship Services: Assessing Service Eligibility kinship Home Assessment kinship Home Investigation kinship care Agreement (KCA) kinship Services: Planning and Monitoring kinship Services: Other Jurisdictional Requests kinship Services.

2 Financial Services Childcare Babysitting Day Camp Respite Behavioural Aide Infant Safety Transportation Taxi Transportation for Children in the Protective Intervention or kinship Services Program Physician Expenses Parenting Capacity Assessments Transitional Supports Payroll Administration Fees Exceptional Circumstances Supervised Access: Approval of Supervised Access with Home care Agencies Supervised Access: Referral to Home care Agencies Supervised Access: Planning and Monitoring Triple P Positive Parenting Program Services Notice of a Significant Measure in Relation to an Indigenous Child Section 2: Court Proceedings Court Overview Service of Notices and Documents - General Direction Publication Ban Application for an Order to Authorize Medical Treatment Application to Access a Child Order to Produce Records Order to Prohibit Contact Overview of Supervision Orders Application for Supervision or Temporary Custody Order when a Child has not been Removed Application for Non-compliance with a Supervision Order Removal of Child with a Warrant Removal of Child with a Telewarrant Removal of Child without a Warrant Removal of Child Checklist Application for Protective Intervention Hearing when a Child has been Removed (Pursuant to Section 26)

3 Plan for the Child Types of Supervision and Custody Orders Requested on an Application for Protective Intervention Hearing or an Application for a Subsequent Order Time Limits for Temporary Custody Orders Application for Subsequent Order Application for Financial Support Withdrawing a Continuous Custody Order Application after a Child turns 16 years of age Application to Rescind a Continuous Custody Order Return of Children Consent Orders Offences against Children Application for a Permanent Transfer of Custody Order after Continuous Custody Transferring and Order of Supervision or Custody between Managers Section: 3: Children and Youth In care Overview: Planning for Children and Youth in care Effect of Interim care or Interim Custody of a Child or Youth Effect of a Temporary Custody Order Effect of a Continuous Custody Order Sharing of Information Relevant to the care of a Child or Youth Sharing Placement Information with a Child.

4 Youth and Parents Placement Procedures Consulting and Informing a Child or Youth In care Progress Report Counselling for a Child or Youth Visitation and Access for Children and Youth in Foster care Placements Life Books for Children and Youth in care or Custody Personal Privacy for Children and Youth in care or Custody A Child or Youth Absent Without Permission A Child or Youth Missing or Abducted Continuous Custody Order Ceases to Have Effect for a Child or Youth Cultural Connection Planning for Indigenous Children and Youth Transitioning to Youth Services from In care Medical Consent Travel Consent Health Services for the Child or Youth Hospitalization Financial Services for the Child or Youth Children s Special Allowances Basic Foster care Rate Block Funding Taxi Transportation for Children and Youth In care Level Fee Respite Child care , Babysitting and Sleepovers Vacation Costs for a Child or Youth to Accompany a Foster Family on Vacation Out of Province Placements: Approval Out of Province Placements: Placement and Monitoring Out of Province Placements: Investigations Permanent Transfer of Custody Approval of Person to whom Permanent Custody is being Transferred Effect of a Permanent Transfer of Custody Order Permanent Transfer of Custody Subsidy Permanent Transfer of Custody Subsidy Review Section: 4: Placement Resources Overview.

5 Placement Resources for Children and Youth In care Non-Custodial Parent Approval and Monitoring Relative/Significant Other Foster Home Approval Interim Approval of Regular Foster Homes Regular Foster Home Approval Respite Foster Home Approval Specialized Foster Home Approval Process Provincial/Territorial Protocol on Children and Families Moving Between Provinces and Territories Foster care Placement Monitoring Maximum Number of Children/Youth Placed in a Regular/Specialized Foster Home Positive Discipline Annual Review of Regular and Specialized Foster Homes Foster Home Investigations Closure of a Foster Home Foster Parents Moving Between Provinces and Territories Family-based Placements Approval of Residential Placements Selecting a Licensee for a Residential Placement Residential Placement Admissions Protocol Family-based and Residential Placement Operational Costs Incident Reporting Family-based Placement Inspections Family-based Placement Investigations Residential Placement Inspections Residential Placement Investigations License Application, Approval and Renewal Foster Home Agency Inspection Section: 5: Youth Services Overview: Youth Services Assessing Service Eligibility and Determining a Youth s Need for Protective Intervention Youth Services Agreements Cancellation of Youth Services Agreements Financial Services for Youth Financial Maintenance Youth with Income Cohabitating Youth Removal of Youth Youth who are Missing or Have been Abducted Supporting Youth with Transitions: Eligibility Supporting Youth with Transitions: Screening & Prioritization Supporting Youth with Transitions: Assessment & Intervention Supporting Youth with Transitions.

6 Termination of Service Post-Secondary Education and Career Planning Transition to the Income Support Program Section: 6: Disclosure of Information Overview: Disclosure of Information Right to Information and Information Sharing Information Not to Be Disclosed Disclosure without Consent Persons Who May Obtain Information Disclosure of CYCP Court Proceedings Disclosure for Client-Initiated Requests Disclosure for Custody/Access Proceedings Disclosure of Information for Criminal Matters Non-Disclosure of Information Review Process Section: 7: General File Documentation File Transfers Appendices A Memorandum of Understanding on Information Sharing Between CYFS and the Royal Canadian Mounted Police A-1 Memorandum of Understanding on Information Sharing Between CYFS and the Royal Newfoundland Constabulary B Provincial/Territorial Protocol on Children, Youth and Families Moving Between Provinces and Territories C Foster Home Safety Checklist D Children, Seniors and Social Development (CSSD) Documentation Guide E Working Relationship Agreement Acknowledgements The development of the Protection and In care Policy and Procedures Manual (2019) would not have been possible without the contributions of the following.

7 Staff in the Division of Child and Youth Services and In care for providing leadership, initiative, innovative thinking and tremendous commitment in the development of policies and procedures to support the key directions of the new Children, Youth and Families Act. Regional staff who participated in (or provided feedback to) the various working groups that were developed to help inform policy and procedures that are reflective of the needs of front line child Protection practice. Executive of the Department of Children, Seniors and Social Development for their significant leadership and assistance throughout this process. The members of the Indigenous policy working group, who provided an Indigenous lens that informed policy and procedures impacting Indigenous children, youth and their families. The Family Litigation Unit with the Department of Justice and the Office of the Chief Information Officer for their support and assistance throughout this process.

8 Other jurisdictions for sharing their experiences, policies and best practices to assist us in developing policy that is both progressive and represents current child welfare practice. Introduction On June 28, 2019, the Children, Youth and Families Act (CYFA), SNL 2018, was proclaimed and replaced the Children, Youth care and Protection Act. The new Act builds on the principles of the previous act and is child and youth-centered, family-focused and culturally responsive and includes significant updates aimed at: Improving information sharing; Enhancing the focus on preserving the family unit; Expanding permanency options for children and youth in foster care ; Strengthening service delivery to Indigenous children, youth and their families; Identifying and supporting youth in need of Protection ; and Developing a licensing regime for out of home placements. The CYFA is the legislative authority for the delivery of services to children, youth and families under the following programs; Protective Intervention Program; In care Program; Placement Resources for Children and Youth In care ; and Youth Services Program.

9 The Act includes a clear purpose statement which is to promote the safety and well- being of children and youth who are in need of protective intervention by offering, where available and appropriate, services that are designed to maintain, support and preserve the family where it is in the best interests of children and youth. All interventions are based on children and youth who are in need of protective intervention and a range of supports and services are provided to children, youth and families. These activities are aimed at reducing risk to children and youth to the point that such interventions are no longer required. Services are also provided to youth who are deemed to be in need of protective intervention and require out of home supports to ensure their safety, well-being and transition into early adulthood. The Highlights of the CYFA: Highlights of the new CYFA include: An enhanced focus on maintaining children and youth in their family homes by recognizing the role of family in promoting the safety and well-being of children and youth; Identifying and supporting youth in need of Protection by increasing the scope of the duty to report to include youth, and by removing restrictions so that all youth under a youth services agreement can receive services until they reach the age of 21; Expanding permanency options for children and youth by establishing a process so that children and youth who are declared in need of protective intervention by a judge can be placed in the permanent custody of a person, such as a relative or other person significant to the child or youth; Improving information sharing to assist in the Protection of children and youth.

10 Establishing a licensing and regulatory framework for agencies, family-based placement providers and residential placement providers to increase accountability and provide options to increase the number of foster homes; Strengthening service delivery to Indigenous children, youth and their families by: requiring that a cultural connection plan for an Indigenous child or Indigenous youth who is removed from their family be included in the plan that is filed with the court for the Indigenous child or Indigenous youth; establishing the ability for Indigenous representatives of prescribed Indigenous governments or organizations to be heard in court; requiring specific placement considerations for Indigenous children and Indigenous youth who are in the care or custody of a manager; requiring that notice of hearings relating to the supervision and custody of an Indigenous child or Indigenous youth be served to Indigenous representatives; and providing authority to delegate functions and services under the act to an Indigenous Government or organization.