Child Protection Agreements Validated Retroactively

Summary#

• This bill changes New Brunswick’s child protection law to clearly let the Minister of Social Development make written agreements with a parent so a child can stay out of the parent’s care when needed for safety.

• It also confirms that any such agreements made since January 26, 2024 are legally valid, and it protects past good‑faith actions taken by the government in that time.

• Key changes:

  • Adds clear power for the Minister to make a custody or guardianship agreement with a parent that keeps the child with someone else, not the parent.
  • Applies this power retroactively to January 26, 2024.
  • Confirms and “validates” agreements and actions already taken since that date.
  • Limits lawsuits against the province for those past actions if officials acted in good faith (honestly and reasonably).

What it means for you#

• Parents

  • If Social Development intervenes for safety, you may be asked to sign an agreement that your child will not return to your care for a time.
  • The agreement can set who has custody or guardianship and how your child’s well‑being will be protected.
  • If you signed one of these agreements after January 26, 2024, it is confirmed as valid by this bill. It may be harder to challenge the government’s authority to have made it during that period if officials acted in good faith.

• Children and youth

  • You may remain in a safe placement under an agreement, rather than going back to your parent right away.
  • Decisions may be made faster because an agreement can avoid waiting for a court order when the parent agrees.

• Other caregivers

  • You may care for a child under a custody or guardianship agreement that Social Development makes with the parent.
  • The agreement gives clearer legal footing for the arrangement.

• Legal advocates and service providers

  • The law now clearly authorizes these agreements going forward.
  • Agreements and related actions taken since January 26, 2024 are retroactively validated, with a good‑faith shield against certain legal challenges to the government’s authority during that period.

Expenses#

No publicly available information.

Proponents' View#

• Clarifies the Minister’s powers so children can be kept safe without delay when a parent agrees.
• Reduces the need to go to court for temporary arrangements, which can be faster and less stressful for families.
• Provides legal certainty for agreements already made since January 26, 2024, avoiding confusion or disruption for children in care.
• Encourages cooperation between parents and Social Development by using agreements instead of adversarial processes.

Opponents' View#

• Could weaken oversight by allowing children to remain out of parental care by agreement rather than through a court order.
• Parents may feel pressured to sign agreements without enough access to legal advice.
• Retroactively validating past agreements and shielding the government from some lawsuits may limit families’ ability to challenge actions taken during that period.
• The bill does not set clear limits on how long such agreements can last or outline review steps, which could affect transparency.