An Act to amend The Child and Family Services Act

S.M. 1987-88, c. 34

An Act to amend The Child and Family Services Act

(Assented to July 17, 1987)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Clause 13(5)(b) rep. and sub.

1

Clause 13(5)(b) of The Child and Family Services Act, being chapter C80 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following clause is substituted therefor:

(b) renew the agreement with the parent or guardian for one or more periods each of which shall not exceed six months, with such variations in the terms as the parties consider necessary.

Subsec. 43(1) rep. and sub.

2

Subsection 43(1) of the Act is repealed and the following subsection is substituted therefor:

Appeal from order of master.

43(1)

An order of a master under this Part may be appealed to a judge of the Court of Queen's Bench within 21 days from the date on which the master pronounced the order appealed against or within such further time as a judge of that court may allow.

Subsec. 58(4) am.

3

Subsection 58(4) of the Act is amended by adding thereto, at the beginning thereof, the word "Except".

Subsec. 60(6) rep. and sub.

4

Subsection 60(6) of the Act is repealed and the following subsection is substituted therefor:

Copy of order to Registrar under Indian Act (Canada).

60(6)

Where the adoption order is with respect to a child who is a status Indian within the meaning of the Indian Act (Canada), a certified copy of the order shall be forwarded to the Registrar under that Act.

Clause 66(ll)(k) rep. and sub.

5

Clause 66(1l)(k) of the Act is repealed and the following clause is substituted therefor:

(k) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and.

Clause 67(3)(i) rep. and sub.

6

Clause 67(3)(i) of the Act is repealed and the following clause is substituted therefor:

(i) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce.

Subsec. 68(5) rep. and sub.

7

Subsection 68(5) of the Act is repealed and the following subsection is substituted therefor:

Judge may waive requirements of subsec. (4).

68(5)

A judge may dispense with the requirements of subsection (2) or (4) if satisfied that the best interests of the child are served.

Clause 68(7)(j) rep. and sub.

8

Clause 68(7)(j) of the Act is repealed and the following clause is substituted therefor:

(j) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce.

Subsecs. 69(2) and (3) rep. and sub.

9

Subsections 69(2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Placing person to notify agency.

69(2)

The person who intends to place the child for adoption shall notify the agency having jurisdiction in the area where the child is to be placed of the proposed placement on a prescribed form not later than 10 juridical days prior to the placement, stating

(a) the name and birthdate of the child, or in the case of an unborn child the expected date of birth;

(b) the names and address of the prospective adoptive parents;

(c) the name and address of the person who is placing the child and whose consent is required;

(d) the address where the child resides, if applicable; and

(e) the name, occupation and address of any person who arranged or assisted in the proposed placement of the child.

Receiving person to notify agency.

69(3)

The person who intends to receive the child for adoption shall notify the agency having jurisdiction in the area where the child is to be placed of the proposed placement on a prescribed form not later than 10 juridical days prior to receiving the child into a home for the purpose of adoption, stating

(a) the name and birthdate of the child, or in the case of an unborn child, the expected date of birth;

(b) the names and birthdates of the parents of the child;

(c) the names and address of the prospective adopting parents;

(d) the address where the child resides, if applicable; and

(e) the name, occupation and address of any person who arranged or assisted in the proposed placement of the child.

Clause 69(11)(i) rep. and sub.

10

Clause 69(ll)(i) of the Act is repealed and the following clause is substituted therefor:

(i) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce.

Clause 71(5)(f) rep. and sub.

11

Clause 71(5)(f) of the Act is repealed and the following clause is substituted therefor:

(f) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and.

Cls. 76(3)(c), (d) and (e) rep. and sub.

12

Clauses 76(3)(c), (d) and (e) of the Act are repealed and the following clauses are substituted therefor:

(c) to the director or an agency; or

(d) to a person employed, retained or consulted by the director or an agency; or

(e) by the director or an agency to another agency including entities out of the province which perform substantially the same functions as an agency where reasonably required by that agency or entity

(i) to provide service to the person who is the subject of the record, or

(ii) to protect a child; or

(f) to a student placed with the director or an agency by contract or agreement with an educational institution.

Cl. 76(14)(e) added.

13

Subsection 76(14) of the Act is amended

(a) by adding thereto, at the end of clause (d) thereof, the word "or"; and

(b) by adding thereto immediately after clause

(d) thereof as amended, the following clause:

(e) by the director in the course of carrying out post-adoption searches on behalf of adopted adults under subsection 74(2).

Commencement.

14

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