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The Child and Family Services Act

C.C.S.M. c. C80

The Child and Family Services Act

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5 Repealed
(1) to (12) Repealed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(14) to (17) Repealed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(2) Repealed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(2) Regulation amended if mandate withdrawn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) Appointment process
(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 I.2
CRITICAL INCIDENT REPORTING
8.15 Definitions
DUTY TO REPORT
8.16 General duty to report
8.17 (1) Report by employees and service providers
(2) Report by foster parent
(3) Report by child care facility operator
8.18 Agency's duty to inform authority and director
CRITICAL INCIDENT REPORTING
8.19 (1) Timing of critical incident report
(2) Content of critical incident report
(3) Application to agencies
8.20 Director's duty to inform agency and authority
8.21 Review of critical incident report
GENERAL PROVISIONS
8.22 Report required despite other law
8.23 Retaliation prohibited
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
(4.1) Consent orders
(4.2) Deemed consent
(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