The Child, Youth and Family Services Regulations (EC2024-684), approved on July 18, 2024, under the Child, Youth and Family Services Act (R.S.P.E.I. 1988, Cap. C-6.01), establish regulatory guidelines to protect the welfare of children and youth in Prince Edward Island (PEI). These regulations, which come into effect on September 9, 2024, aim to clarify the processes and roles related to child protection, with a specific focus on Indigenous communities. They emphasize the importance of collaborative and culturally sensitive approaches in decision-making.

The regulations acknowledge the involvement of Indigenous governing bodies, such as the Chief and Council of the Abegweit First Nation and the Lennox Island First Nation, in child and family services. This recognition aligns with the government’s broader commitment to respecting and integrating Indigenous traditions and practices in service delivery.

A significant aspect of the regulations is the administrative review process, which allows individuals to request a review of certain decisions made by the Director of Child, Youth, and Family Services. This includes decisions about placing a child with a particular caregiver, refusing access to personal records, or denying requests to correct personal information. To initiate a review, individuals must provide detailed information about the grievance and its impact. Upon receiving a review request, the Minister of Social Development and Seniors informs the Director, who must respond within 14 days. A review panel is then appointed by the Minister, taking into account cultural and religious factors relevant to the case. The Minister has the authority to dismiss frivolous or redundant requests or suspend the review to encourage collaborative resolution. The review panel may either uphold the Director’s decision or refer the matter back for further consideration. Once the Director’s decision is confirmed, it becomes final.

The regulations promote the use of collaborative approaches to resolve disputes, particularly those involving Indigenous children. These methods may include Indigenous practices, such as traditional knowledge sharing and decision-making ceremonies, alongside other cultural practices. The Director is also authorized to engage professionals, like facilitators or mediators, to manage these collaborative processes, with all costs covered by the Director. Participants in the process are protected from being compelled to testify or submit documents in civil proceedings, ensuring confidentiality, except in cases involving child protection concerns or safety risks. This approach encourages cooperation without fear of legal consequences.

In supporting youth transitioning out of care, the regulations define transitional supports and services based on individual needs and well-being. These supports may include assistance with housing, food, clothing, education, training, psychological assessments, and services to help individuals connect with their cultural or spiritual communities. The goal is to ensure that young people leaving care have the resources necessary for a successful transition to independent living.

Prince Edward Island (EC2024-684) July 27, 2024