The Child and Family Services Act

S.M. 1985-86, c. 8

The Child and Family Services Act

Table of Contents

1 Definitions.
2 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 Duties of director.
(2) Powers of director.
(3) Delegation by director.
5 Existing societies preserved.
6 Application for incorporation.
(2) Incorporation.
(3) First directors.
(4) Corporations Act to apply.
(5) Directors.
(6) Composition of directors.
(7) Appointed directors.
(8) Elected directors cease to hold office.
(9) Reversion to elected directors.
(10) Powers of directors.
(11) No personal liability of director or officer.
(12) Dissolving of agency.
(13) Transfer of assets of Children's Aid Society of Winnipeg.
(14) Agreements with Indian band.
(15) Mandate may be withdrawn from Indian agency.
(16) Obligations of Indian agency.
(17) Grants to agencies.
(18) Rates for services.
(19) Rates payable to agencies or treatment centres.
(20) Effective date of order.
(21) Emergency services, etc.
7 Duties of agencies.
(2) Director party to court proceedings.
8 License required for facilities.
(2) Information for director.
PART II
SERVICES TO FAMILIES
9 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 Special needs services.
(2) Emergency assistance.
11 Assistance to community groups.
(2) Programs for volunteers.
12 Day care service.
13 Homemaker service.
(2) Notification of parent.
(3) Rights and responsibilities of homemaker.
(4) Parent aide.
(5) Agreement regarding service.
14 Voluntary placement agreement.
(2) Agreement.
(3) Limit on renewals of agreement.
(4) Termination of agreement.
(5) Parent leaving province.
(6) Transition.
15 Agreements by minor valid.
(2) Contribution.
(3) Reduction of contribution.
(4) Approval by director.
16 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 where child under 7 days.
(6) No placement until 2 juridical days after agreement.
(7) No placement where declaration of parentage being sought.
(8) Agreement subject to approval of director.
(9) Effect of agreement.
(10) Withdrawal of voluntary surrender of guardianship.
(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 Child in need of protection.
18 Reporting a child in need of protection.
(2) Duty to report.
(3) Further consequences of non-reporting.
(4) Protection of informant.
(5) Identity not revealed.
(6) Interference and harassment is an offence.
19 Agency to investigate.
(2) Report of abuse.
(3) Communication of findings from investigation of abuse.
(4) Director to provide information re register.
20 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 Apprehension of a child in need of protection.
21 Entry without warrant in certain cases.
(3) Warrant to search for child.
(4) Child need not be named.
(5) Assistance of peace officer.
22 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 Care while under apprehension.
(2) No liability.
26 Leaving child pending protection hearing.
(2) Agency to be notified.
(3) Deemed apprehension.
27 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 Transfer of proceedings to another court.
(2) Another agency carrying case.
29 Date when application returnable.
(2) Adjournment.
30 Notice of hearing.
(2) Reduction in time of notice and waiver of notice.
(3) Service of notice.
(4) Judge may dispense with service of notice.
31 Application to intervene.
(2) Order.
32 Particulars to be supplied on request.
(2) Order for further particulars.
(3) Queen's Bench rules re: discovery not to apply.
33 Presence of child under 12 not required.
(2) Presence of child 12 or over required.
34 Right to legal counsel.
(2) Counsel for child.
(3) Factors affecting need for counsel for child.
35 Cross-examination of parents.
36 Proceedings informal.
37 Power of court.
(2) Court may direct investigation.
(3) Refusal to co-operate.
38 Orders of the judge.
(2) Consent orders.
(3) Parents ordered to contribute.
(4) Variation of order.
(5) Effective date of order.
(6) Right to enter home.
(7) Further apprehension of child.
(8) Distribution of order.
39 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 Further hearings.
(2) Former order deemed to be continued.
(3) Further orders.
(4) Provisions of Part apply.
41 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 Appeal from order of master.
(2) Notice of appeal from master.
(3) Hearing de novo.
44 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 Effect of order of permanent guardianship.
(2) Termination of permanent guardianship on application.
(3) Parents applying to terminate permanent guardianship.
(4) Order.
(5) No application for another year.
46 Family member assuming care.
47 Child mistreatment an offence.
(2) Child under 12 not to be left unattended.
PART IV
CHILDREN IN CARE
48 Authority of the guardian.
49 Transfer of guardianship.
(2) Transfer of supervision.
(3) Consequences of transfer.
50 Expiration of guardianship.
(2) Support for transitional planning.
51 Removal of child.
(2) Foster parents may request review.
52 Interference with children in care.
53 Apprehending a child who absconds.
(2) Warrant for apprehension.
54 Review by director.
PART V
ADOPTIONS
General Provisions
55 Definitions.
56 Person adopting must be older than adoptee.
57 Adoption in another jurisdiction.
58 Consents required for agency placement.
(2) Consents required for non-agency placement.
(3) No consent until 10 clear days after birth.
(4) Copy of consent to director.
(5) No adoption pending declaration of parentage.
(6) Affidavit of execution of consent.
(7) Waiver of consent.
(8) Waiver of consent of person 12 years of age and older.
(9) Wishes of child under 12 to be taken into account.
(10) Withdrawal of consent.
(11) Consent executed outside Manitoba.
(12) Validity of prior consent.
59 Substitutional service.
60 Order of adoption.
(2) Adoption order on prescribed form.
(3) Surname of adopted child.
(4) Distribution of order.
(5) Distribution of order where child born outside Manitoba.
(6) Copy of order to Registrar under Indian Act (Canada).
61 Status of adopted child.
(2) How relationships determined.
(3) Reference in will or other document.
(4) Application of section.
(5) Exception where adoption by spouse.
(5) Exception re prohibited marriages.
(7) Other provisions do not affect rights.
62 Preservation of records.
(2) Disclosure of information restricted.
(3) Court records.
(4) Court may issue certified copy of order.
63 Penalty for taking payment for adoption.
64 Application to approve out of province placement.
(2) Investigation by agency or director.
(3) L.G. in C. must approve out of Canada placement.
(4) Offence to place outside Manitoba.
(5) Exception.
65 Director's approval for newspaper advertisement.
(2) Penalty.
ADOPTION PLACEMENT BY AGENCY
66 Application for placement.
(2) Suitability of applicants.
(3) Applicants may request the director to review.
(4) Foster parent adoption.
(5) Placement subject to approval of director.
(6) Manitoba placement preferred.
(7) Agreement regarding adoption placement.
(8) Removal of child.
(9) Application for adoption order in agency placement.
(10) Surviving spouse may apply for order of adoption.
(11) Documents to be filed in support of application.
ADOPTION BY PERSON WHO HAS MARRIED PARENT
67 Application.
(2) Service of copies of application.
(3) Documents in support of application.
(4) Report of agency.
(5) Order where one applicant dies.
(6) Application for access.
(7) Access order.
EXTENDED FAMILY ADOPTIONS
68 Placement of a child with member of extended family.
(2) Application for order of adoption.
(3) Notice of application for order of adoption.
(4) Matters to be considered.
(5) Judge may waive requirements of subsec. (4).
(6) Report of agency.
(7) Documents in support of application.
PRIVATE ADOPTIONS
69 Who may place.
(2) Placing person to notify agency.
(3) Receiving person to notify agency.
(4) Director may waive or extend time for notification.
(5) Investigation by agency.
(6) Supervision of placement following approval.
(7) Procedure after placement not approved.
(8) Application to court.
(9) Application for order of adoption.
(10) Notice of application for order of adoption.
(11) Documents in support of application.
(12) Order of judge.
INTERNATIONAL ADOPTION
70 Application for placement from another country.
(2) Provisions of sec. 66 apply.
(3) Application in another country.
(4) Adoption of immigrant child.
DE FACTO ADOPTION
71 Application.
(2) Consent not required.
(3) Notice of application.
(4) Investigation.
(5) Documents in support of application.
(6) Order of judge.
ADOPTION OF AN ADULT
72 Conditions for adoption of an adult.
(2) Support during minority to be considered by judge.
(3) No service of the application on an agency.
(4) Documents to be filed in support of application.
SUBSIDIZED ADOPTION
73 Provision for subsidy.
POST-ADOPTION REGISTRY
74 Information volunteered to be on registry.
(2) Limited contact.
(3) Director to convey identifying information.
(4) Information after death.
(5) Divulging of information from register.
(6) Divulging information from agency files.
PART VI
CONFIDENTIALITY
75 Proceedings open to media.
(2) Reporting not to identify persons involved.
(3) Offence and penalty.
(4) Offence by an officer, etc. of corporation.
76 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 schedules.
PART VII
PRIVATE GUARDIANSHIP OF THE PERSON AND ACCESS
77 Court may appoint guardian of person.
(2) Notice.
(3) Judge may reduce or dispense with notice.
(4) Effect of order.
78 Application for access.
(2) Notice.
(3) Order.
(4) Variation.
79 Court may direct investigation.
(2) Refusal to co-operate.
80 Orders not to molest.
81 Appeals.
PART VIII
GENERAL
82 Foreign orders.
(2) Effect of foreign documents.
83 Immigrant children.
84 Sale of child-offence.
85 Proceedings prohibited.
86 Regulations.
87 Repeal.
(2) Transitional provision.
88 Wards of Director of Child Welfare.
(2) Wards of child caring agencies.
89 Reference in Continuing Consolidation.
90 Commencement of Act.