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S.M. 1995, c. 23
The Child and Family Services Amendment Act
(Assented to November 3, 1995)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 25 is repealed and the following is substituted:
Where a child has been apprehended, an agency
(a) is responsible for the child's care, maintenance, education and well-being;
(b) may authorize a medical examination of the child where the consent of a parent or guardian would otherwise be required; and
(c) may authorize the provision of medical or dental treatment for the child if
(i) the treatment is recommended by a duly qualified medical practitioner or dentist,
(ii) the consent of a parent or guardian of the child would otherwise be required, and
(iii) no parent or guardian of the child is available to consent to the treatment.
Notwithstanding clause (1)(b) or (c), if the child is 16 years of age or older, an agency shall not authorize a medical examination under clause (1)(b) or medical or dental treatment under clause (1)(c) without the consent of the child.
An agency may apply to court for an order
(a) authorizing a medical examination of an apprehended child where the child is 16 years of age or older and refuses to consent to the examination; or
(b) authorizing medical or dental treatment for an apprehended child where
(i) the parents or guardians of the child refuse to consent to the treatment, or
(ii) the child is 16 years of age or older and refuses to consent to the treatment.
The agency shall notify the parents or guardians of the child and the child, if the child is 16 years of age or older, of the time and place at which an application under subsection (3) is to be heard, and shall do so not less than two days before the time fixed for the hearing.
Notwithstanding subsection (4), the court may authorize the giving of a shorter period of notice.
A judge may hear an application referred to in subsection (3) even though the agency has not filed documents initiating the application in the court if
(a) the judge is satisfied that the life or health of the child would be seriously and imminently endangered by waiting for the necessary court documents to be filed before the application is heard; and
(b) the agency undertakes to file the necessary documents in the court within 24 hours after the hearing.
Where an application is made under subsection (3), the judge may receive evidence from a person by telephone or other means of telecommunication if the judge is satisfied that the life or health of the child would be seriously and imminently endangered by waiting to receive the person's evidence in person.
Subject to subsection (9), upon completion of a hearing, the court may authorize a medical examination or any medical or dental treatment that the court considers to be in the best interests of the child.
The court shall not make an order under subsection (8) with respect to a child who is 16 years of age or older without the child's consent unless the court is satisfied that the child is unable
(a) to understand the information that is relevant to making a decision to consent or not consent to the medical examination or the medical or dental treatment; or
(b) to appreciate the reasonably foreseeable consequences of making a decision to consent or not consent to the medical examination or the medical or dental treatment.
If a child is examined or treated under this section, no liability attaches to the agency, the hospital or other facility where the examination or treatment is provided, or the person examining or treating the child by reason only that a parent or guardian of the child, or the child, did not consent to the examination or treatment.
This Act comes into force on the day it receives royal assent.