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S.M. 2008, c. 33

Bill 34, 2nd Session, 39th Legislature

The Child and Family Services Amendment and Child and Family Services Authorities Amendment Act (Safety of Children)

(Assented to June 12, 2008)

HER 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(1)

The Child and Family Services Act is amended by this section.

1(2)

Principle 1 of the Declaration of Principles is replaced with the following:

1.

The safety, security and well-being of children and their best interests are fundamental responsibilities of society.

1(3)

Principle 9 of the Declaration of Principles is amended by striking out "remove or".

1(4)

Subsection 2(1) is amended in the part before clause (a), by striking out "in determining the best interests of the child all relevant matters shall be considered, including" and substituting "in determining best interests the child's safety and security shall be the primary considerations.  After that, all other relevant matters shall be considered, including".

1(5)

Clause 4(1)(d) is amended by adding the following at the end:

, including standards, practices and procedures relating to a child's safety and security that must include

(i) assessing risks to a child's life, health or emotional well-being in his or her present circumstances or any proposed placement, and

(ii) determining the nature and frequency of contact that an agency should have with a child to ensure that the child is safe and secure and receiving appropriate services;

1(6)

The following is added after clause 4(1)(l):

(l.1) communicate to authorities the primary importance of a child's safety and security in the provision of child and family services and monitor the oversight provided by authorities of agencies in this regard;

C.C.S.M. c. C90 amended

2(1)

The Child and Family Services Authorities Act is amended by this section.

2(2)

Clause 24(b) is amended by adding the following at the end:

, including policies and standards relating to a child's safety and security that must include

(i) assessing risks to a child's life, health or emotional well-being in his or her present circumstances or any proposed placement, and

(ii) determining the nature and frequency of contact that an agency should have with a child to ensure that the child is safe and receiving appropriate services;

2(3)

The following is added after clause 24(e):

(f) communicating to authorities the primary importance of a child's safety and security in the provision of child and family services and monitoring the oversight provided by authorities of agencies in this regard.

Coming into force

3

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