C.C.S.M. c. C80
| |
|
| Declaration of Principles
|
| 1
| (1)
| Definitions
|
|
| (2)
| Registered common-law relationship
|
| 2
| (1)
| Best interests
|
|
| (2)
| Child 12 years of age to be advised
|
|
| (3)
| Child's views may be considered
|
| PART I
|
| ADMINISTRATION
|
| 3
|
| Director of Child and Family Services
|
| 4
| (1)
| Duties of director
|
|
| (2)
| Powers of director
|
|
| (2.1)
| Proceedings re furnishing information prohibited
|
|
| (3)
| Delegation by director
|
| 4.1
| (1)
| Director may appoint an administrator
|
|
| (2)
| Powers of administrator
|
|
| (3)
| Directors cease to hold office
|
|
| (4)
| Directors may continue to act
|
|
| (5)
| Directors to assist
|
|
| (6)
| Termination of appointment
|
|
| (7)
| Corporations Act, by-laws and articles not applicable
|
| 5
|
| Repealed
|
|
| (1) to (12)
| Repealed
|
|
| (13)
|
|
|
| (14) to (17)
| Repealed
|
|
| (18) to (21)
|
|
| 6.1
| (1)
| Authority may mandate agencies
|
|
| (2)
| Mandating a regional office
|
|
| (3)
| Contents of mandate
|
|
| (4)
| Notice to minister of mandate
|
|
| (5)
| Regulation by minister setting out agency's mandate
|
| 6.2
| (1)
| Transitional — continuing agencies under Corporations Act
|
|
| (2)
| Repealed
|
|
| (3)
| Transitional — continuing First Nations agencies
|
| 6.3
|
| Minister to determine initial mandates
|
| 6.4
| (1)
| Varying an agency's mandate
|
|
| (2)
| Regulation amended if mandate varied
|
| 6.5
| (1)
| Withdrawing mandate from an agency
|
|
| (2)
| Regulation amended if mandate withdrawn
|
| 6.6
| (1)
| Rates for services
|
|
| (2)
| Rates payable to agencies or treatment centres
|
|
| (3)
| Effective date of order
|
|
| (4)
| Emergency services, etc.
|
| 7
| (1)
| Duties of agencies
|
|
| (2)
| Director party to court proceedings
|
| 7.1
|
| Gifts to Children's Aid Society of Winnipeg
|
| 8
| (1)
| Licence required for foster home
|
|
| (2)
| Appeal to director
|
|
| (3)
| Action by director
|
|
| (4)
| Licence required for other child care facility
|
|
| (5)
| Appeal to Social Services Advisory Committee
|
|
| (6)
| Action by Social Services Advisory Committee
|
|
| (7)
| Transitional: existing licences and pending appeals
|
|
| (8)
| Appointment of provisional administrator
|
|
| (9)
| Powers of provisional administrator
|
|
| (10)
| Expenses of provisional administration
|
|
| (11)
| Offence and penalty
|
|
| (12)
| Continuing offence
|
| PART I.1
|
| CHILDREN'S ADVOCATE
|
| OFFICE OF CHILDREN'S ADVOCATE
|
| 8.1
| (1)
| Appointment of Children's Advocate
|
|
| (2)
| Recommendation of Committee on Legislative Affairs
|
|
| (3)
| Officer of Legislature
|
|
| (4)
| Term of office
|
|
| (5)
| Re-appointment
|
|
| (6)
| Resignation
|
|
| (7)
| Removal or suspension
|
|
| (8)
| Suspension when Assembly not sitting
|
|
| (9)
| Acting children's advocate
|
|
| (10)
| Term of acting children's advocate
|
|
| (11)
| Salary
|
|
| (12)
| Reduction of salary
|
|
| (13)
| Expenses
|
|
| (14)
| Application of The Civil Service Superannuation Act
|
|
| (15)
| Application of The Civil Service Act
|
|
| (16)
| Privileges and perquisites of office
|
|
| (17)
| Employees under children's advocate
|
|
| (18)
| Oath of office
|
|
| (19)
| Oath of staff
|
| DUTIES
|
| 8.2
| (1)
| Duties of children's advocate
|
|
| (2)
| Annual report to be tabled
|
|
| (3)
| Referral to standing committee
|
| REFERRALS
|
| 8.2.1
| (1)
| Referrals by committee of Assembly
|
|
| (2)
| Report to committee by children's advocate
|
| 8.2.2
| (1)
| Referral by minister
|
|
| (2)
| Report to minister
|
| REVIEW OF SERVICES AFTER DEATH OF CHILD IN CARE
|
| 8.2.3
| (1)
| Review after death of child
|
|
| (2)
| Purpose of review
|
|
| (3)
| Report
|
|
| (4)
| Children's advocate not to determine culpability
|
|
| (5)
| Report is confidential
|
|
| (6)
| Summary of recommendations in annual report
|
|
| (7)
| "Publicly funded"
|
|
| (8)
| Independent review in case of conflict
|
|
| (9)
| No effect on Fatality Inquiries Act
|
| POWERS
|
| 8.3
|
| Powers of children's advocate
|
| 8.4
|
| Delegation
|
| 8.5
|
| Right of entry
|
| 8.6
|
| Information to be furnished
|
| 8.7
|
| Proceedings re furnishing information prohibited
|
| 8.8
| (1)
| Report to director, authority and agency
|
|
| (2)
| Report to parent and child
|
|
| (3)
| Report to placement centre
|
|
| (4)
| Report to complainant
|
|
| (5)
| Application
|
| 8.9
|
| Communication by child
|
| 8.10
| (1)
| Secrecy
|
|
| (2)
| Disclosure re duties and power
|
|
| (3)
| Disclosure in reports
|
|
| (4)
| Disclosure in annual reports
|
|
| (5)
| Disclosure re adoption records
|
| 8.11
|
| Proceedings against children's advocate prohibited
|
| 8.12
|
| Offence and penalty
|
| 8.13
|
| Repealed
|
| 8.14
| (1)
| Rules by Assembly
|
|
| (2)
| Procedure of children's advocate
|
| PART II
|
| SERVICES TO FAMILIES
|
| 9
| (1)
| Services to families
|
|
| (2)
| Services to minor parent
|
|
| (3)
| Information to minor parents
|
|
| (4)
| Notice to director of birth of child to an unmarried child
|
| 10
| (1)
| Special needs services
|
|
| (2)
| Emergency assistance
|
| 11
| (1)
| Assistance to community groups
|
|
| (2)
| Programs for volunteers
|
| 12
|
| Day care service
|
| 13
| (1)
| Homemaker service
|
|
| (2)
| Notification of parent
|
|
| (3)
| Rights and responsibilities of homemaker
|
|
| (4)
| Parent aide
|
|
| (5)
| Agreement regarding service
|
| 14
| (1)
| Voluntary placement agreement
|
|
| (2)
| Agreement
|
|
| (3)
| Limit on renewals of agreement
|
|
| (4)
| Termination of agreement
|
|
| (5)
| Parent leaving province
|
|
| (6)
| Transition
|
| 15
| (1)
| Agreements by minor valid
|
|
| (2)
| Financial information and maintenance agreement
|
|
| (3)
| Reduction of contribution
|
|
| (3.1)
| Order for payment of maintenance
|
|
| (3.2)
| Filing and service of financial information
|
|
| (3.3)
| Penalty for not filing financial information
|
|
| (3.4)
| Factors affecting order under section 15(3.1)(b)
|
|
| (3.5)
| Maintenance effective from provision of services
|
|
| (3.6)
| Variation
|
|
| (4)
| Approval by director
|
| 16
| (1)
| Voluntary surrender of guardianship by parents
|
|
| (2)
| Voluntary surrender of guardianship by mother
|
|
| (3)
| Agreements in name of director
|
|
| (4)
| Agreements by minor
|
|
| (5)
| No surrender until 48 hours after birth
|
|
| (6) and (7)
| Repealed
|
|
| (8)
| Agreement subject to approval of director
|
|
| (9)
| Effect of agreement
|
|
| (10)
| Withdrawal of voluntary surrender of guardianship
|
|
| (10.1)
| Child returned
|
|
| (11)
| Application to director
|
|
| (12)
| Appeal to court
|
|
| (13)
| Action prior to accepting surrender
|
|
| (14)
| No notice of adoption application
|
| PART III
|
| CHILD PROTECTION
|
| 17
| (1)
| Child in need of protection
|
|
| (2)
| Illustrations of child in need
|
| 18
| (1)
| Reporting a child in need of protection
|
|
| (1.0.1)
| Reporting child pornography
|
|
| (1.0.2)
| Seeking out child pornography not required or authorized
|
|
| (1.1)
| Reporting to agency only
|
|
| (2)
| Duty to report
|
| 18.1
| (1)
| Protection of informant
|
|
| (2)
| Identity of informant
|
|
| (3)
| Retaliation against informant prohibited
|
| 18.2
| (1)
| Reports regarding professionals, etc.
|
|
| (2)
| Requirement to investigate
|
| 18.3
|
| Offences
|
| 18.4
| (1)
| Agency to investigate
|
|
| (1.1)
| Police to provide information
|
|
| (2)
| Report of conclusion
|
|
| (2.1)
| Report of conclusion where child not in need of protection
|
|
| (3)
| Restrictions on disclosure
|
|
| (4)
| Peace officer to report charges
|
| 18.5
|
| Reference to child abuse committee
|
| 18.6
|
| Director to investigate
|
| 18.7
| (1)
| Action by reporting entity re child pornography report
|
|
| (2)
| Annual report by reporting entity
|
| 19
| (1)
| Agency child abuse committees
|
|
| (2)
| Joint committee
|
|
| (3)
| Actions on referral to committee
|
|
| (3.1)
| Review process
|
|
| (3.2)
| Notice of intent to register
|
|
| (3.3)
| Objection to entry in registry
|
|
| (3.4)
| Report to director where no objection
|
|
| (3.5)
| Hearing
|
|
| (3.6)
| Rules for hearing
|
|
| (3.7)
| Decision of court
|
|
| (3.8)
| Transitional: no review committee decision
|
|
| (3.9)
| Transitional: appeal permitted or pending
|
|
| (4)
| Report to director re. abuser
|
|
| (5)
| Where report under subsection (4) not required
|
|
| (6)
| Reporting by court
|
|
| (7)
| Reporting by peace officer re offence
|
|
| (8)
| Excluded offences
|
| 19.1
| (1)
| Child abuse registry
|
|
| (2)
| Entry in registry
|
| 19.2
|
| Repealed
|
| 19.3
| (1)
| Information confidential
|
|
| (2)
| Access by agencies
|
|
| (2.1)
| Access by adoption agency
|
|
| (3)
| Access by peace officers
|
|
| (3.1)
| Access by employers and others
|
|
| (4)
| Director to provide information re register
|
|
| (5)
| Objection to information
|
| 19.4
| (1)
| Removal of identifying information re abused
|
|
| (2)
| Removal of identifying information re abuser
|
| 19.5
|
| Repealed
|
| 20
| (1)
| Application for an order not to contact child
|
|
| (2)
| Notice of application
|
|
| (3)
| Order
|
|
| (4)
| Extension of order
|
|
| (5)
| Consent orders
|
|
| (6)
| Agency to serve copies of order
|
|
| (7)
| Offence
|
| 21
| (1)
| Apprehension of a child in need of protection
|
|
| (2)
| Entry without warrant in certain cases
|
|
| (3)
| Warrant to search for child
|
|
| (4)
| Child need not be named
|
|
| (5)
| Assistance of peace officer
|
| 22
| (1)
| Child in care may be apprehended
|
|
| (2)
| Child remaining in hospital as a patient
|
| 23
|
| Notification of agency
|
| 24
|
| Parents to be notified of apprehension
|
| 25
| (1)
| Care while under apprehension
|
|
| (2)
| Child's consent required if 16 or over
|
|
| (3)
| Application to court to authorize examination or treatment
|
|
| (4)
| Notice of application
|
|
| (5)
| Abridging notice
|
|
| (6)
| If court documents not filed before hearing
|
|
| (7)
| Evidence received by telephone
|
|
| (8)
| Court order authorizing examination or treatment
|
|
| (9)
| Child's consent to order required if 16 or older
|
|
| (10)
| Protection from liability
|
| 26
| (1)
| Leaving child pending protection hearing
|
|
| (2)
| Agency to be notified
|
|
| (3)
| Deemed apprehension
|
| 27
| (1)
| Application to court for protection hearing
|
|
| (2)
| Access pending protection hearing
|
|
| (3)
| Hearing re access by parents or guardian
|
|
| (4)
| Burden of proof
|
|
| (5)
| Variation of order
|
| 28
| (1)
| Transfer of proceedings to another court
|
|
| (2)
| Another agency carrying case
|
| 29
| (1)
| Date when application returnable
|
|
| (2)
| Adjournment
|
| 30
| (1)
| Notice of hearing
|
|
| (1.1)
| Notice regarding filing of financial information
|
|
| (1.2)
| Filing and service of financial information
|
|
| (1.3)
| Penalty for not filing financial information
|
|
| (2)
| Reduction in time of notice and waiver of notice
|
|
| (3)
| Service of notice
|
|
| (4)
| Judge may dispense with service of notice
|
| 31
| (1)
| Application to intervene
|
|
| (2)
| Order
|
| 32
| (1)
| Repealed
|
|
| (2)
| Order for further particulars
|
|
| (3)
| Queen's Bench rules re: discovery not to apply
|
| 33
| (1)
| Presence of child under 12 not required
|
|
| (2)
| Presence of child 12 or over required
|
| 34
| (1)
| Right to counsel
|
|
| (1.1)
| Legal counsel for parent who is a child
|
|
| (2)
| Counsel for child
|
|
| (3)
| Factors affecting need for counsel for child
|
| 35
|
| Cross-examination of parents
|
| 36
|
| Proceedings informal
|
| 37
| (1)
| Power of court
|
|
| (2)
| Court may direct investigation
|
|
| (3)
| Refusal to co-operate
|
| 38
| (1)
| Orders of the judge
|
|
| (2)
| Consent orders
|
|
| (3)
| Child support orders
|
|
| (3.1)
| Factors in making order
|
|
| (3.2)
| Maintenance effective from provision of services
|
|
| (4)
| Variation of order
|
|
| (5)
| Effective date of order
|
|
| (6)
| Right to enter home
|
|
| (7)
| Further apprehension of child
|
|
| (8)
| Distribution of order
|
| 38.1
|
| Joint orders prohibited
|
| 39
| (1)
| Access by parents during temporary order
|
|
| (2)
| Application to determine access during temporary order
|
|
| (3)
| Access by parents during permanent order
|
|
| (4)
| Application to determine access where permanent order
|
|
| (5)
| Variation of order under subsec. (2) or (4)
|
|
| (6)
| No application where child placed for adoption
|
|
| (7)
| Where judge unable to act
|
| 40
| (1)
| Further hearings
|
|
| (2)
| Former order deemed to be continued
|
|
| (3)
| Further orders
|
|
| (3.1)
| Consent orders
|
|
| (4)
| Provisions of Part apply
|
| 41
| (1)
| Maximum period of temporary guardianship
|
|
| (2)
| Extension of guardianship for child over 12
|
|
| (3)
| Age for purposes of subsecs. (1) and (2)
|
| 42
|
| Child in care of the agency appearing
|
| 43
| (1)
| Appeal from order of master
|
|
| (2)
| Notice of appeal from master
|
|
| (3)
| Hearing de novo
|
| 44
| (1)
| Appeal from order of a judge
|
|
| (2)
| Extension of time for appeal
|
|
| (3)
| Filing and service of notice of appeal
|
|
| (4)
| Status of child during appeal
|
| 45
| (1)
| Effect of order of permanent guardianship
|
|
| (2)
| Termination of permanent guardianship on application
|
|
| (3)
| Application by parents to terminate permanent guardianship
|
|
| (4)
| Order
|
|
| (5)
| No application for another year
|
| 46
|
| Family member assuming care
|
| 47
|
| Repealed
|
| PART IV
|
| CHILDREN IN CARE
|
| 48
|
| Authority of the guardian
|
| 49
| (1)
| Transfer of guardianship
|
|
| (2)
| Transfer of supervision
|
|
| (3)
| Consequences of transfer
|
| 50
| (1)
| Termination of guardianship
|
|
| (2)
| Support beyond termination of guardianship
|
| 51
| (1)
| Removal of child
|
|
| (2)
| Child in foster home
|
|
| (3)
| Foster parents may request review
|
|
| (4)
| Reconsideration by the authority
|
|
| (5)
| Right to an independent appeal
|
|
| (6)
| Hearing
|
|
| (7)
| Regulations
|
|
| (8)
| Authority may recommend regulations
|
| 52
|
| Interference with children in care
|
| 53
| (1)
| Apprehending a child who absconds
|
|
| (2)
| Warrant for apprehension
|
| 54
|
| Review by director
|
| PART V
|
| 55 to 74
|
| Repealed
|
| PART VI
|
| CONFIDENTIALITY
|
| 75
| (1)
| Proceedings open to media
|
|
| (1.1)
| Proceedings open to public and media
|
|
| (2)
| Reporting not to identify persons involved
|
|
| (3)
| Offence and penalty
|
|
| (4)
| Offence by an officer, etc. of corporation
|
| 76
| (1)
| Meaning of access
|
|
| (2)
| Access with consent of subject
|
|
| (3)
| Records are confidential
|
|
| (4)
| Right of access
|
|
| (5)
| Exceptions
|
|
| (6)
| Excerpted summary
|
|
| (7)
| Preparation of summary
|
|
| (8)
| Restricted access
|
|
| (9)
| Information filed by person given access
|
|
| (10)
| Information becomes part of record
|
|
| (11)
| Correction of factual error
|
|
| (12)
| Voluntary service records
|
|
| (13)
| Transition to mandatory services
|
|
| (14)
| Closed records
|
|
| (15)
| Restricted access by other person
|
|
| (16)
| Application to disclose record
|
|
| (17)
| Notice to adult
|
|
| (18)
| Access for research purposes
|
|
| (19)
| Fees
|
|
| (20)
| Request for review
|
|
| (21)
| Review from denial of access
|
|
| (22)
| Retention, storage and destruction of records
|
| PART VII
|
| PRIVATE GUARDIANSHIP OF THE PERSON AND ACCESS
|
| 77
| (1)
| Court may appoint guardian of person
|
|
| (1.1)
| Interim order
|
|
| (1.2)
| Review of order
|
|
| (2)
| Notice
|
|
| (3)
| Judge may reduce or dispense with notice
|
|
| (4)
| Effect of order
|
| 78
| (1)
| Access — purpose of section
|
|
| (1.1)
| Access application by grandparent or other family member
|
|
| (2)
| Application for access by others
|
|
| (3)
| Notice
|
|
| (3.1)
| Court may reduce or dispense with notice
|
|
| (4)
| Access order
|
|
| (4.1)
| Access provisions
|
|
| (4.2)
| Child's best interests
|
|
| (5)
| Consent orders
|
|
| (5.1)
| Interim order
|
|
| (6)
| No application during placement period
|
|
| (7)
| Variation
|
|
| (8)
| Review of order
|
| 79
| (1)
| Court may direct investigation
|
|
| (2)
| Refusal to co-operate
|
| 80
| (1)
| Orders not to molest
|
|
| (2)
| Interim order
|
| 81
|
| Appeals
|
| PART VIII
|
| GENERAL
|
| 82
| (1)
| Foreign orders
|
|
| (2)
| Effect of foreign documents
|
| 83
|
| Immigrant children
|
| 84
|
| Sale of child-offence
|
| 85
|
| Proceedings prohibited
|
| 86
|
| Regulations
|
| 86.1
|
| Conflict with The Freedom of Information and Protection of Privacy Act
|
| 87
| (1)
| Repeal
|
|
| (2)
| Transitional provision
|
| 88
| (1)
| Wards of Director of Child Welfare
|
|
| (2)
| Wards of child caring agencies
|
| 89
|
| Reference in Continuing Consolidation
|
| 90
|
| Commencement of Act
|
Home
