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The Child and Family Services Amendment and Consequential Amendments Act

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S.M. 1997, c. 48

THE CHILD AND FAMILY SERVICES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

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         The Child and Family Services Act is amended by this Act.

2         Section 1 is amended

(a) by repealing the definitions "court", "foster home", "group home", "guardian" and "master" and substituting the following:

"court" means the Court of Queen's Bench of Manitoba (Family Division) or the Provincial Court (Family Division) in Part II, Part III other than in clauses 19(4)(a) and (a.1) and subsections 19(6) and (7), Part VI other than subsection 75(1.1), clauses 76(3)(a) and (b), 76(12)(a), 76(14)(a), and subsection 76(21), and in Part VII; and the Court of Queen's Bench of Manitoba (Family Division) in Part V; (« Cour »)

"foster home" means a home other than the home of the parent or guardian of a child, where not more than four children who are not siblings are placed by an agency for care and supervision but not for the purposes of adoption; (« foyer nourricier »)

"group home" means a home where ordinarily not fewer than five or more than eight children are placed by an agency for full time care and supervision; (« foyer de groupe »)

"guardian" means a person other than a parent of a child who has been appointed guardian of the person of the child by a court of competent jurisdiction or to whom guardianship has been surrendered under section 16; (« tuteur »)

"master" means a master as defined in The Court of Queen's Bench Act; (« conseiller-maître »)

(b) by adding the following definitions in alphabetical order:

"child care facility" means a foster home, a group home, a treatment centre, or any other place designated in the regulations as a child care facility;  (« établissement d'aide à l'enfant »)

"record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« dossier »)

"registry" except in Part V, means the child abuse registry established and maintained under subsection 19.1(1). (« registre »)

3         Clause 2(1)(h) is repealed and the following is substituted:

(h) the child's cultural, linguistic, racial and religious heritage.

4(1)      Subsection 4(1) is amended by adding the following after clause (b):

(b.1) in accordance with the regulations, license child care facilities other than foster homes and hear and decide appeals from agencies with respect to the licensing of foster homes;

4(2)      Clauses 4(2)(a) and (b) are repealed and the following is substituted:

(a) enter and inspect the premises of an agency, a child care facility or other place where a child is placed under this Act;

(b) inspect and obtain a copy of any record, paper or thing, or a sample of any material, food, medication, or thing that, in the opinion of the director, relates to an agency, a child, a child care facility, or to any matter being investigated by the director and that is in the possession or under the control of an agency or a person in charge of any place mentioned in clause (a);

(b.1)  require any person who in the opinion of the director is able to give information relating to any matter being investigated by the director

(i) to furnish information to the director, and

(ii) to produce and permit the director to make a copy of any record, paper, or thing that, in the opinion of the director, relates to the matter being investigated and that may be in the possession or under the control of the person,

but nothing in this clause abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client;

(b.2) do any thing in relation to the licensing of child care facilities other than foster homes and the hearing and determination of appeals from agencies concerning the licensing of foster homes that may be prescribed by the regulations or otherwise considered necessary;

4(3)      Clause 4(2)(d) is repealed and the following is substituted:

(d) establish procedures to hear complaints under this Act;

4(4)      The following is added after subsection 4(2):

Proceedings re furnishing information prohibited

4(2.1)     No proceedings lie against a person by reason of the person's compliance with a requirement of the director to furnish information or produce any record, paper or thing, or by reason of answering any question in an investigation by the director.

5         Section 8 is repealed and the following is substituted:

Licence required for foster home

8(1)      No person shall operate a foster home without a licence for the purpose from an agency issued in accordance with the regulations.

Appeal to director

8(2)      A person who is refused a foster home licence or whose licence is suspended, cancelled or not renewed by an agency may, within 10 days after receiving notice of the refusal, suspension, cancellation or non-renewal, appeal the matter to the director.

Action by director

8(3)      On receiving notice of an appeal under subsection (2), the director shall, within 30 days, consider the matter and in writing advise the appellant of his or her decision.

Licence required for other child care facility

8(4)      No person shall operate a child care facility other than a foster home without a licence for the purpose from the director issued in accordance with the regulations.

Appeal to Social Services Advisory Committee

8(5)      A person who is refused a licence for the operation of a child care facility other than a foster home or whose licence is suspended, cancelled or not renewed by the director may, within 10 days after receiving notice of the refusal, suspension, cancellation or non-renewal, appeal the matter to the Social Services Advisory Committee continued under The Social Services Administration Act.

Action by Social Services Advisory Committee

8(6)      On receiving notice of an appeal under subsection (5), the Social Services Advisory Committee shall, within 30 days, consider the matter and in writing advise the appellant of its decision.

Transitional: existing licences and pending appeals

8(7)      Where, on the date this section comes into force,

(a) a person holds a valid and subsisting letter of approval or licence issued with respect to a child care facility under The Social Services Administration Act, the letter of approval or licence continues to be valid as a licence under this Act until its expiry date but is subject to any regulation made under this Act; and

(b) an appeal concerning a letter of approval for a foster home to the Social Services Advisory Committee has not been finally disposed of, an appeal shall be deemed to have been made under subsection (2) and the matter shall be considered afresh by the director under subsection (3).

Appointment of provisional administrator

8(8)      The director may, by written order, appoint a provisional administrator of a child care facility other than a foster home if the operator's licence in respect of the facility has expired or is suspended or cancelled.

Powers of provisional administrator

8(9)      On the appointment of a provisional administrator under subsection (8), the rights of the operator of the child care facility with respect to the operation of the facility are suspended and the provisional administrator has all the powers, duties, privileges and authority of the operator for the purpose of carrying on the operation of the child care facility and

(a) may enter, and authorize others to enter the child care facility for the purpose of carrying on its operation;

(b) may name persons to assist in the operation of the child care facility; and

(c) shall have the use of all the moneys, books and records of the operator of the child care facility that pertain to its operation.

Expenses of provisional administration

8(10)     Where a provisional administrator is appointed under subsection (8), the expenses of the provisional administration of the child care facility, including reasonable remuneration of the provisional administrator and staff employed by the provisional administrator for the purpose of carrying on the operation of the child care facility, shall, as far as possible, be paid from the funds of the former operator of the child care facility pertaining to its operation and, where the provisional administrator or any of the staff employed by him or her to carry on the operation of the child care facility are paid from the Consolidated Fund, the government may recover the amount of salary or wages paid to them from the former operator of the child care facility in a court of competent jurisdiction.

Offence and penalty

8(11)     Every person who contravenes subsection (1) or (4) is guilty of an offence and liable, on summary conviction, to a fine of not more than $1,000.

Continuing offence

8(12)     Where a contravention referred to in subsection (11) continues for more than one day, the person is guilty of a separate offence for each day that the contravention continues.

6(1)      Subsection 15(2) is repealed and the following is substituted:

Financial information and maintenance agreement

15(2)     On the execution by a parent or guardian of an agreement under section 12, 13 or 14 with respect to a child, the parent or guardian shall provide to the agency the financial information prescribed by the regulations,  and the agency shall request the parent or guardian to execute a further agreement under which the parent or guardian agrees to pay to the agency maintenance for the child in accordance with the regulations.

6(2)       The following is added after subsection 15(3):

Order for payment of maintenance

15(3.1)   On application by the agency, a judge shall order the parent or guardian

(a) where an agreement under subsection (2) is executed by a parent or guardian, to pay to the agency maintenance for the child in accordance with the agreement; and

(b) where a parent or guardian does not execute an agreement under subsection (2), to pay to the agency such maintenance for the child by way of lump sum, periodic payments, or both, as is appropriate.

Filing and service of financial information

15(3.2)   On an application for an order under clause (3.1)(b), the parent or guardian shall, within 10 days from the date on which the parent or guardian is served with notice of the application, file with the court and serve on the agency the financial information prescribed by the regulations, and, on application without notice, a judge or master may order the parent or guardian to file and serve such information.

Penalty for not filing financial information

15(3.3)   Where a person fails to comply with subsection (3.2), a judge may, in addition to or in substitution for any other order, on application by the agency order that the person pay to the agency an amount not exceeding $5,000. and any such order may be enforced as a judgment of the court.

Factors affecting order under s. 15(3.1)(b)

15(3.4)   In determining what provisions an order under clause (3.1)(b) should contain, a judge shall consider the following factors and any additional factors he or she considers relevant:

(a) the cost of maintaining the child, including residential accommodations, housekeeping, food, clothing, recreation and supervision;

(b) the need for and cost of providing a stable environment for the child;

(c) the financial circumstances, including other financial obligations, of the parent or guardian.

Maintenance effective from provision of services

15(3.5)   An agreement under subsection (2) and an order under subsection (3.1) may be made effective from the date of the placement of a child in day care under section 12, the date of the placement of a homemaker or parent aide under section 13, or the date of the placement of the child under section 14.

Variation

15(3.6)   On application by a parent, guardian or agency affected by an order made under subsection (3.1), and on sufficient cause being shown, a judge may alter, vary, or discharge the order.

7         Section 18.2 is repealed and the following is substituted:

Reports regarding professionals, etc.

18.2(1)   Where the director has reasonable grounds to believe that a person has caused a child to be in need of protection or has failed to report information in accordance with section 18, the director may report the matter to the body or person that governs the professional status of the person or certifies, licenses, or otherwise authorizes or permits the person to carry on his or her work or occupation.

Requirement to investigate

18.2(2)   A body or person who receives a report under subsection (1) shall

(a) investigate the matter to determine whether any professional status review or disciplinary proceedings should be commenced against the person; and

(b) on conclusion of the investigation and any proceedings, advise the director of the determination under clause (a), the reasons for the determination, and, if applicable, the results of any professional status review or disciplinary proceedings.

8(1)      The following is added after subsection 18.4(1):

Police to provide information

18.4(1.1) An agency may request from a peace officer, and the peace officer shall provide, any information in the officer's possession or control that the agency reasonably believes is relevant to an investigation under subsection (1).

8(2)      The following is added after subsection 18.4(2):

Report of conclusion where child not in need of protection

18.4(2.1) Subject to subsection (3), where an agency concludes, after an investigation under subsection (1), that a child is not in need of protection, the agency shall report its conclusion

(a) to the parent or guardian of the child;

(b) where there is no parent or guardian of the child, a person having full-time custody or charge of the child;

(c) to the person, if any, who is identified by the investigation as the person who was alleged to have caused the child to be in need of protection;

(d) to the child where, in the opinion of the agency, the child is capable of understanding the information and disclosure to the child is in the best interests of the child; and

(e) to the person who reported the information that gave rise to the investigation, except where disclosure is not in the best interests of the child.

8(3)      Subsection 18.4(3) is repealed and the following is substituted:

Restrictions on disclosure

18.4(3)   An agency shall not report its conclusion under subsection (2) or (2.1) where a criminal investigation into the matter is pending and the peace officer in charge of the investigation requests the agency not to report its conclusion because it would jeopardize the investigation.

9         The following is added after section 18.4:

Reference to child abuse committee

18.5      Where an agency receives information that causes it to believe that a child is or might be abused, the agency shall, in addition to carrying out its duties under subsection 18.4(1), refer the matter to its child abuse committee established under subsection 19(1).

Director to investigate

18.6      Where an agency receives information that a child was or might have been abused by a person who provides work for or services to the agency or to a child care facility or other place where a child has been placed by the agency, the agency shall, in addition to carrying out its duties under subsection 18.4(1) and section 18.5, immediately report the matter to the director and the director shall investigate the matter and take such further steps as are required by this Act, prescribed by regulation, or as the director considers necessary.

10(1)     Subsection 19(1) is repealed and the following is substituted:

Agency child abuse committees

19(1)     Each agency shall, in accordance with the regulations, establish a child abuse committee to review cases of suspected abuse of a child and to advise the agency concerning what actions, if any, may in its opinion be required to protect the child or other children.

10(2)     Subsection 19(3) is repealed and the following is substituted:

Actions on referral to committee

19(3)     Where a child abuse committee suspects a person of having abused a child, the committee shall, in the prescribed manner, give to the person who is suspected an opportunity to provide information to it and shall

(a) form an opinion whether the person abused the child;

(b) form an opinion whether the name of the person should be entered in the registry; and

(c) report its opinions and, where it has formed the opinion that the person has abused the child, the circumstances of the abuse to the agency.

Review process

19(3.1)   Subject to any procedural requirements in the regulations, the proceedings of a committee acting under subsection (3) shall be conducted in an informal manner and no opinion or report of a committee shall be invalidated because of any lack of formality.

Notice of intent to register

19(3.2)   On receipt of a report under clause (3)(c) that the committee is of the opinion that a person has abused a child and that the person's name should be entered in the registry, the agency shall give notice in the prescribed manner of the opinions and circumstances reported to it, of its intention to submit the name of the person for entry in the registry, and of the right to object under subsection (3.3), to the following persons:

(a) the person who the committee believes has abused the child, where the person is 12 years of age or older;

(b) the parent or guardian of the person who the committee believes has abused the child, where the person has not reached the age of majority;

(c) the parent or guardian of the child;

(d) the child, where the child is 12 years of age or older; and

(e) the director.

Objection to entry in registry

19(3.3)   A person who is the subject of a report referred to in subsection (3.2) may, within 60 days of the giving of notice to the person under subsection (3.2), object to the entry of the person's name in the registry by

(a) filing with the Court of Queen's Bench of Manitoba (Family Division) a notice of application for a hearing together with a true copy of the notice given under subsection (3.2); and

(b) serving a true copy of the notice of application on the agency.

Report to director where no objection

19(3.4)   Where no notice of application is received by the agency before the expiration of the 60-day period referred to in subsection (3.3), the agency shall report the name of the person and the circumstances of the abuse to the director for entry in the registry.

Hearing

19(3.5)   Where a notice of application is filed and served in accordance with subsection (3.3), the court shall consider the matter by way of a hearing in accordance with subsection (3.6).

Rules for hearing

19(3.6)   At a hearing,

(a) the agency has the burden of proof on the balance of probabilities;

(b) all parties may be represented by counsel and shall, subject to clauses (c) and (d), be given full opportunity to present evidence and to examine and cross-examine witnesses;

(c) the court is not bound by the rules of evidence in relation to the evidence of a child who the agency alleges was abused by the applicant and may receive the child's evidence through hearsay, by way of a recording, a written statement, or in any other form or manner that it considers advisable; and

(d) a child who the agency alleges was abused by the applicant shall not be compelled to testify.

Decision of court

19(3.7)   The court shall determine whether the person has abused a child and record the reasons for its decision, and its decision is final and not subject to appeal.

Transitional: no review committee decision

19(3.8)   Where, immediately before this subsection comes into force,

(a) a notice has been given under subsection 19.1(3), as it read immediately before the coming into force of this subsection, concerning abuse by a person, and the time within which the person might have made an appeal to the registry review committee has not expired; or

(b) the registry review committee has not given its decision on an appeal by the person;

the agency is deemed to have received a report mentioned in subsection (3.2) with respect to the person and shall give the notice required by that subsection and thereafter the matter shall be dealt with under the provisions of this section.

Transitional:  appeal permitted or pending

19(3.9)   Where, immediately before this subsection comes into force, the registry review committee has given its decision on a matter but the time within which an appeal to the Court of Queen's Bench under subsection 19.2(6), as it read immediately before the coming into force of this subsection, has not expired, or an appeal under that subsection has not been finally disposed of, that subsection continues to apply until the time for an appeal expires or any appeal is finally disposed of.

10(3)     Subsection 19(4) is amended by adding "or" at the end of clause (a.1), by striking out "or" at the end of clause (b), and by repealing clause (c).

10(4)     Subsections 19(5) and (6) are repealed and the following is substituted:

Where report under subsection (4) not required

19(5)     No report is required under subsection (4) where a report concerning the person and circumstances has been made to the director under subsection (6) or (7).

Reporting by court

19(6)     Where a person, in a court in Manitoba, is found guilty of, or pleads guilty to, an offence involving abuse of a child, or is found in a proceeding under this Act to have abused a child, the court shall report the name of the person, the circumstances of the abuse and, if applicable, the particulars of the offence and any sentence imposed to the director for entry in the registry.

11        Subsections 19.1(2), (3), (4), (5) and (6) are repealed and the following is substituted:

Entry in registry

19.1(2)   On receipt of a report under subsection 19(3.4), (4), (6) or (7), the director shall enter the name and circumstances in the registry.

12        Section 19.2 is repealed.

13(1)     Subsections 19.3(2) and (3) are repealed and the following is substituted:

Access by agencies

19.3(2)   An agency, on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the agency

(a) in investigating whether a child is in need of protection;

(b) in assessing any person who provides work for or services to the agency, whether as an employee, foster parent, homemaker, parent aide, volunteer, student trainee or in any other way, or any person who applies or proposes to provide work for or services to the agency; or

(c) in assessing an adoptive applicant.

Access by peace officers

19.3(3)   A peace officer, on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the peace officer in carrying out the officer's duties.

Access by employers and others

19.3(3.1) On application by an employer or other person, the director shall disclose to the applicant whether the name of a person is entered in the registry if the director is satisfied that the information is reasonably required to assist the applicant in assessing the person whose work, whether paid or unpaid,

(a) involves or may involve the care, custody, control or charge of a child; or

(b) permits or may permit access to a child.

13(2)     Subsection 19.3(5) is repealed and the following is substituted:

Objection to information

19.3(5)   Subsections 76(9), (10) and (11) apply with such modifications as the circumstances require to a person who has been given information under subsection (4).

14        Section 19.4 is repealed and the following is substituted:

Application to remove name from registry

19.4(1)   A person whose name is entered in the registry may apply to the Court of Queen's Bench of Manitoba (Family Division) for an order that his or her name and all related information be removed.

Requirements and service of application

19.4(2)   An application under subsection (1) shall conform with any prescribed requirements, and notice of the application shall be given to the persons and in the manner as may be prescribed.

No further application for two years

19.4(3)   A person who makes an application under subsection (1) may not make another application until two years after the date of the decision of the court on the previous application.

Decision of court

19.4(4)   On an application under subsection (1), the court shall, if it is satisfied that the person does not pose a risk to children, order that the person's name and all related information be removed from the registry and the decision of the court is final and not subject to appeal.

15        Section 19.5 is repealed.

16        Subsection 29(1) is repealed and the following is substituted:

Date when application returnable

29(1)     An application under subsection 27(1) shall be returnable within seven juridical days of being filed, or, where there is no sitting of the court in which the application was filed in that period, on the date of the next sitting of the court, or within such further period as a judge, master, magistrate or justice of the peace may, on application, allow.

17         Subsection 30(1) is repealed and the following is substituted:

Notice of hearing

30(1)     The agency shall give two clear days notice of the date the application under subsection 27(1) is returnable or is set for hearing, together with particulars of the grounds that are alleged to justify a finding that the child is in need of protection, to

(a) the parents;

(b) the guardians;

(c) the child where the child is 12 years of age or more;

(d) the person in whose home the child was living at the time of apprehension or immediately prior to placement in hospital or other place of safety; and

(e) the agency serving the appropriate Indian band if the agency making the application has reason to believe that the child is registered as an Indian under the Indian Act (Canada);

and no further notice is required to be given by the agency thereafter.

Notice regarding filing of financial information

30(1.1)   A notice to a parent or guardian under subsection (1) shall also notify the parent or guardian of the requirements of subsection (1.2).

Filing and service of financial information

30(1.2)   A parent or guardian who is given notice under subsection (1) shall, within 10 days of the giving of notice to the parent or guardian, file with the court and serve on the agency the financial information prescribed by the regulations, and, on application without notice, a judge or master may order the parent or guardian to file and serve such information.

Penalty for not filing financial information

30(1.3)   Where a parent or guardian fails to comply with subsection (1.2), a judge may, in addition to or in substitution for any other order, on application by the agency order that the parent or guardian pay to the agency an amount not exceeding $5,000. and any such order may be enforced as a judgment of the court.

18        Subsection 31(1) is amended by striking out "7 days notice" and substituting "two clear days notice".

19(1)     Subsection 32(1) is repealed.

19(2)     Subsection 32(2) is repealed and the following substituted:

Order for further particulars

32(2)      A person who is not satisfied with the particulars provided under subsection 30(1) may apply to court for an order that the agency provide further particulars.

20(1)     Subsections 38(2) and (3) are repealed and the following is substituted:

Consent orders

38(2)     Where all persons who have received notice under subsection 30(1) consent, a judge or master may, without receiving further evidence, make an order respecting the child under subsection (1), and a person who was served but does not appear or with respect to whom an order was made dispensing with service is deemed to consent.

Child support orders

38(3)     Where an order is made under clause (1)(b), (c), (d) or (e) with respect to a child, the judge at the time of making the order, or any judge at a subsequent time, shall order the parent or guardian to pay to the agency such maintenance for the child by way of lump sum, periodic payments, or both, as is appropriate.

Factors in making order

38(3.1)   Subsection 15(3.4) applies with such modifications as the circumstances require to an order under subsection (3).

Maintenance effective from provision of services

38(3.2)   An order under subsection (3) may be made effective from the date of the apprehension of the child.

20(2)     Subsection 38(4) is amended by striking out "or master".

20(3)     Subsection 38(8) is amended by striking out "this section" and substituting "subsection (1) or (2)".

20(4)     The following is added after section 38:

Joint orders prohibited

38.1      No court shall make an order under which the director or an agency is appointed the guardian of a child jointly with any other person.

21        The following is added after subsection 40(3):

Consent orders

40(3.1)   Where all persons who have received notice of an application under subsection (1) consent, a judge or master may, without receiving further evidence, make an order respecting the child under subsection (3), and a person who was served but does not appear or with respect to whom an order was made dispensing with service is deemed to consent.

22        Subsection 43(1) is repealed and the following is substituted:

Appeal from order of master

43(1)     An order of a master under this Part may be appealed to a judge of the Court of Queen's Bench of Manitoba (Family Division) within 21 days from the date on which the master signed the order appealed against or within such further time as a judge of that court may allow.

23        Subsection 45(3) is repealed and the following is substituted:

Application by parents to terminate permanent guardianship

45(3)     The parents of a child with respect to whom an order of permanent guardianship has been made may apply to court for an order that the guardianship be terminated if

(a) the child has not been placed for adoption; and

(b) one year has elapsed since the expiry of the parents' right to appeal from the guardianship order or, if an appeal was taken, since the appeal was finally disposed of.

24        Section 50 is repealed and the following is substituted:

Termination of guardianship

50(1)     The guardianship of the director or an agency terminates when a ward marries or attains the age of majority.

Support beyond termination of guardianship

50(2)     The director, or an agency with the written approval of the director, may continue to provide care and maintenance for a former permanent ward for the purpose of assisting the ward to complete the transition to independence, but not beyond the date when the former permanent ward attains the age of 21 years.

25(1)     Subsection 75(1) is amended by striking out "Parts III and V" and substituting "Parts II, III and V".

25(2)     Subsection 75(2) is amended by striking out "Parts III and V" and substituting "Part II, III or V".

26        Subsection 76(14) is amended by adding "or" at the end of clause (e) and by adding the following after clause (e):

(f) where disclosure is necessary for the safety, health or well-being of a person; or

(g) where disclosure is necessary for the purpose of allowing a person to receive a benefit.

27        Subsection 77(2) is amended by striking out "and" at the end of clause (c) and by adding the following after clause (c):

(c.1) the agency that has care of the child;

(c.2) the agency serving the appropriate Indian band if the person making the application has reason to believe that the child is registered or is entitled to be registered as an Indian under the Indian Act (Canada); and

28        Section 78 is repealed and the following is substituted:

Application for access by family

78(1)     Subject to subsection (6), a member of the family of a child who does not have a right to apply for access to the child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

Application for access by others

78(2)     Subject to subsection (6), in exceptional circumstances, a person who does not have a right to apply for access to a child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

Notice

78(3)     The person applying under subsection (1) or (2) shall give 10 days notice of the hearing of the application to any parent or guardian of the child, the child where the child is 12 years of age or more and any other person the court directs.

Order

78(4)     On an application under this section, a judge may make an order granting an applicant access at the times and subject to the conditions that the judge considers to be in the best interests of the child.

Consent orders

78(5)     Where all persons who have received notice of an application under this section consent to the terms of the order, a judge may, without receiving further evidence, make the order consented to.

No application during placement period

78(6)     No application may be made under subsection (1) or (2) in relation to a child who is placed for adoption during the period beginning when the child is placed for adoption and ending when an order of adoption is made or the placement is otherwise terminated.

Variation

78(7)     The court may on application vary or terminate an order under subsection (4) or (5) and the provisions of this section apply with such modifications as the circumstances require to an application under this subsection.

29        Section 86 is amended

(a) by repealing clause (b) and substituting the following :

(b) providing for or respecting the classification, establishment, designation, regulation, registration and licensing of child care facilities including, without limitation,

(i) respecting the conditions to be met and maintained to obtain, retain, or renew a licence,

(ii) respecting the suspension and cancellation of licences, and

(iii) respecting the keeping of records, the inspection of facilities and records, and the information, documents or reports that child care facilities or classes of child care facilities are required to submit to the director, and the frequency of such submissions;

(b) by repealing clause (d) and substituting the following :

(d) prescribing functions of, duties of, or actions to be taken by the director;

(c) by repealing clause (g) and substituting the following :

(g) establishing guidelines for determining the amount of maintenance to be paid for a child by a parent or guardian of the child under an agreement under this Act;

(g.1) prescribing financial information to be provided or filed by a parent or guardian under a provision of this Act;

(g.2) prescribing requirements for an application under subsection 19.4(1) or persons on whom and the manner in which notice of such an application must be given;

(d) by adding the following after clause (k):

(k.1) respecting the qualifications to be met by persons who provide services to or for agencies;

(e) by repealing clause (n);

(f) by adding the following after clause (o):

(o.1) respecting the retention, storage and destruction of records in the custody or control of an agency;

(g) in clause (q), by striking out "native";

(h) by adding the following after clause (r):

(r.1) prescribing the procedures of an agency under subsection 19(3.2);

(i) by repealing clause (s).

Transitional: removal of victim information

30        On the coming into force of this Act, the director shall remove from the registry established and maintained under subsection 19.1(1) any information entered in the registry as a result of a report under subsection 19(3), as it read immediately before the coming into force of this Act.

Consequential amendments, C.C.S.M. c. S165

31(1)     The Social Services Administration Act is amended by this section.

31(2)     Section 1 is amended by adding the following definition in alphabetical order:

"residential care facility" means a residential care facility where care and supervision is provided for adults suffering from disabilities or disorders prescribed in the regulations; (« établissement de soins en résidence »)

31(3)     Section 12 is repealed.

31(4)     The following is added after subsection 13(4):

No other licence required

13(4.1)   A person who obtains a licence under subsection (3) or (4) to operate a residential care facility is not required to obtain any other licence for the purpose.

31(5)     Clause 13(5)(c) is repealed.

31(6)     Subsections 16(1) and (2) are amended by striking out "12 or".

Coming into force

32        This Act comes into force on a day fixed by proclamation.