HomeC.C.S.M. c. C80
The Child and Family Services Act
| Back to the Act | Regulations |
| 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 | |
| (1) to (12) | |
| (13) | |
| (14) to (17) | |
| (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) | |
| (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| (2) | Regulation amended if mandate withdrawn |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 |
| 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 | |
| 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) | |
| (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 |
| (1.1) | Reporting to agency only |
| (2) | Duty to report |
| 18.1(1) | Protection of informant |
| (2) | Identity of informant |
| (3) | No interference or harassment |
| 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 |
| 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 | |
| 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 | |
| 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) | |
| (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 | |
| 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 | |
| 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 |
