3rd Session, 43rd Legislature

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Bill 36

THE CHILD AND FAMILY SERVICES AMENDMENT ACT

(Assented to                                         )

HIS 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   Subsection 1(1) is amended

(a) by replacing the definition "Indigenous law" with the following:

"Indigenous law" means

(a) a law in respect of which information has been posted on a website in accordance with paragraph 25(c) of the federal Act, or

(b) a publicly available law respecting child and family services enacted by an Indigenous governing body under a self-governance agreement that has been approved, given effect and declared valid by an Act of the Legislature; (« texte autochtone »)

(b) by adding the following definition:

"young adult" means a person 18 years of age or older but under 21 years of age. («  jeune adulte  »)

3   Section 8.15 is amended by repealing the definition "young adult".

4   Subsection 50(2) is repealed.

5   The following is added after section 50:

Support after age of majority

50.1   For the purpose of assisting a young adult with the transition to independence, the director, or an agency with the written approval of the director, may continue to provide care and maintenance to the young adult if one of the following applied on the day immediately before the young adult's 18th birthday:

(a) the young adult was receiving care under a kinship care agreement;

(b) the young adult was receiving care under a customary care agreement;

(c) the young adult was receiving care under a voluntary care agreement;

(d) the young adult was receiving care under a voluntary surrender of guardianship agreement;

(e) an agency was the young adult's temporary guardian;

(f) an agency was the young adult's permanent guardian.

6   The following is added after section 76.20 as part of Part VI.1:

DIVISION 5
TERMINATION OF SUPERVISION OR GUARDIANSHIP BY DIRECTOR

Termination of supervision or guardianship by director

76.21(1)   In accordance with this section, the director may terminate

(a) an order of supervision; or

(b) the guardianship of a child held by an agency.

When director may terminate

76.21(2)   The director may terminate an order of supervision or the guardianship of a child if

(a) an Indigenous law applies to the child;

(b) the Indigenous service provider that provides child and family services under the Indigenous law seeks termination of the order of supervision or the guardianship; and

(c) the director and the Indigenous service provider specify, in writing, the date on which the order of supervision or the guardianship is to terminate.

Effect of termination

76.21(3)   On the date specified under clause (2)(c),

(a) in the case of an order of supervision, the order of supervision is terminated;

(b) in the case of a guardianship, the agency ceases to be the guardian of the child and any order of guardianship under subsection 38(1) is terminated; and

(c) subject to the Indigenous law applicable to the child, any parental rights and obligations that had been terminated under this Act are revived.

Director to give notice

76.21(4)   Subject to subsection (5), when an order of supervision or the guardianship of a child is terminated under this section, the director must ensure that the following parties are notified of the termination:

(a) the agency that is named in the order of supervision or that has guardianship of the child;

(b) if an order of supervision or guardianship made under subsection 38(1) is terminated, the court;

(c) the parents of the child;

(d) if the child is 12 years of age or older, the child.

Parents deceased or cannot be located

76.21(5)   If the parents of the child are deceased or cannot be located, the director must inform the Indigenous service provider that notice was not given to the parents and indicate the reason why.

Consequential amendments, C.C.S.M. c. A6.7

7(1)   The Advocate for Children and Youth Act is amended by this section.

7(2)   Section 1 is amended

(a) by replacing the definition "Indigenous law" with the following:

"Indigenous law" has the same meaning as in The Child and Family Services Act. (« texte autochtone »)

(b) by replacing subclause (h)(i) of the definition "designated service" with the following:

(i) services for young adults provided under section 50.1 of The Child and Family Services Act to assist them in their transition to independence,

(c) by replacing clause (e) of the definition "reviewable service" with the following:

(e) services for young adults provided under section 50.1 of The Child and Family Services Act to assist them in their transition to independence;

7(3)   Subsection 20(2) is amended by striking out "subsection 50(2) of The Child and Family Services Act (support beyond termination of guardianship)" and substituting "section 50.1 of The Child and Family Services Act (support after age of majority)".

7(4)   Clause 20(3)(b) is amended by striking out "subsection 50(2)" and substituting "section 50.1".

Consequential amendment, C.C.S.M. c. C275

8   Section 15.2 of The Provincial Court Act is amended by replacing the definition "Indigenous law" with the following:

"Indigenous law" has the same meaning as in The Child and Family Services Act. (« texte autochtone »)

Consequential amendment, C.C.S.M. c. C280

9   Subsection 41(1) of The Court of King's Bench Act is amended by replacing the definition "Indigenous law" with the following:

"Indigenous law" has the same meaning as in The Child and Family Services Act. (« texte autochtone »)

Coming into force

10   This Act comes into force on the day it receives royal assent.