Fifth 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).
THE CHILD AND FAMILY SERVICES AMENDMENT ACT
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Child and Family Services Act is amended by this Act.
2 The following is added after subsection 51(1):
51(1.1) Except when it considers that the child is or might be in need of protection, an agency that proposes to remove a child from the person with whom the child was placed must
(a) prepare a written plan for the child's removal and placement with another person;
(b) before taking any steps to implement the plan, notify the person in writing of its intention to remove the child;
(c) state in the notice
(i) the details of the plan required by clause (a),
(ii) the agency's reasons for proposing to remove the child, and
(iii) the agency's assessment of the following:
(A) the impact of the removal on the child,
(B) the propriety of the removal considering the child's stage of development,
(C) the child's degree of attachment to the person with whom the child was placed; and
(d) before taking any steps to implement the plan, give a copy of the notice to the authority under whose mandate the agency operates.
51(1.2) Without delay after making the final decision to remove the child and before removing him or her, the agency must give the person and the authority a written decision that states
(a) when the child is to be removed;
(b) the reasons for the removal; and
(c) the agency's final assessment of the matters referred to in clause (1.1)(c)(iii).
51(1.3) The agency must keep copies of the written plan and notice required by subsection (1.1) and of the written decision required by subsection (1.2) in accordance with the requirements of this Act and the regulations for other records of the agency.
3 This Act comes into force on the day it receives royal assent.