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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 34

THE CHILD AND FAMILY SERVICES AMENDMENT AND CHILD AND FAMILY SERVICES AUTHORITIES AMENDMENT ACT (SAFETY OF CHILDREN)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1(1)        The Child and Family Services Act is amended by this section.

1(2)        Principle 1 of the Declaration of Principles is replaced with the following:

1.  The safety, security and well-being of children and their best interests are fundamental responsibilities of society.

1(3)        Principle 9 of the Declaration of Principles is amended by striking out "remove or".

1(4)        Subsection 2(1) is amended in the part before clause (a), by striking out "in determining the best interests of the child all relevant matters shall be considered, including" and substituting "in determining best interests the child's safety and security shall be the primary considerations.  After that, all other relevant matters shall be considered, including".

1(5)        Clause 4(1)(d) is amended by adding the following at the end:

, including standards, practices and procedures relating to a child's safety and security that must include

(i) assessing risks to a child's life, health or emotional well-being in his or her present circumstances or any proposed placement, and

(ii) determining the nature and frequency of contact that an agency should have with a child to ensure that the child is safe and secure and receiving appropriate services;

C.C.S.M. c. C90 amended

2(1)        The Child and Family Services Authorities Act is amended by this section.

2(2)        Clause 24(b) is amended by adding the following at the end:

, including policies and standards relating to a child's safety and security that must include

(i) assessing risks to a child's life, health or emotional well-being in his or her present circumstances or any proposed placement, and

(ii) determining the nature and frequency of contact that an agency should have with a child to ensure that the child is safe and receiving appropriate services;

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Child and Family Services Act and The Child and Family Services Authorities Act. It clarifies that in providing services to children, their safety and security are the paramount considerations.

In addition, the Bill specifies that the provincial standards to be followed by child and family services agencies must include

  • an assessment of risks to a child's life, health and emotional well-being; and
  • a determination of the nature and frequency of contact with a child by agency workers to ensure that the child is safe and receiving appropriate services.