C.C.S.M. c. C80
The Child and Family Services Act
Declaration of Principles | |
1(1) | Definitions |
(2) | Registered common-law relationship |
2(1) | 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(1) | Duties of director |
(2) | Powers of director |
(2.1) | Proceedings re furnishing information prohibited |
(3) | Delegation by director |
4.1(1) | Director may appoint an administrator |
(2) | Powers of administrator |
(3) | Directors cease to hold office |
(4) | Directors may continue to act |
(5) | Directors to assist |
(6) | Termination of appointment |
(7) | Corporations Act, by-laws and articles not applicable |
5 | |
(1) to (12) | |
(13) | |
(14) to (17) | |
(18) to (21) | |
6.1(1) | Authority may mandate agencies |
(2) | Mandating a regional office |
(3) | Contents of mandate |
(4) | Notice to minister of mandate |
(5) | Regulation by minister setting out agency's mandate |
6.2(1) | Transitional — continuing agencies under Corporations Act |
(2) | |
(3) | Transitional — continuing First Nations agencies |
6.3 | Minister to determine initial mandates |
6.4(1) | Varying an agency's mandate |
(2) | Regulation amended if mandate varied |
6.5(1) | Withdrawing mandate from an agency |
(2) | Regulation amended if mandate withdrawn |
6.6(1) | Rates for services |
(2) | Rates payable to agencies or treatment centres |
(3) | Effective date of order |
(4) | Emergency services, etc. |
7(1) | Duties of agencies |
(2) | Director party to court proceedings |
7.1 | Gifts to Children's Aid Society of Winnipeg |
8(1) | Licence required for foster home |
(2) | Appeal to director |
(3) | Action by director |
(4) | Licence required for other child care facility |
(5) | Appeal to Social Services Advisory Committee |
(6) | Action by Social Services Advisory Committee |
(7) | Transitional: existing licences and pending appeals |
(8) | Appointment of provisional administrator |
(9) | Powers of provisional administrator |
(10) | Expenses of provisional administration |
(11) | Offence and penalty |
(12) | Continuing offence |
PART I.1 | |
CHILDREN'S ADVOCATE | |
OFFICE OF CHILDREN'S ADVOCATE | |
8.1(1) | Appointment of Children's Advocate |
(2) | Recommendation of Committee on Legislative Affairs |
(3) | Officer of Legislature |
(4) | Term of office |
(5) | Re-appointment |
(6) | Resignation |
(7) | Removal or suspension |
(8) | Suspension when Assembly not sitting |
(9) | Acting children's advocate |
(10) | Term of acting children's advocate |
(11) | Salary |
(12) | Reduction of salary |
(13) | Expenses |
(14) | Application of The Civil Service Superannuation Act |
(15) | Application of The Civil Service Act |
(16) | Privileges and perquisites of office |
(17) | Employees under children's advocate |
(18) | Oath of office |
(19) | Oath of staff |
DUTIES | |
8.2(1) | Duties of children's advocate |
(2) | Annual report to be tabled |
REFERRALS | |
8.2.1(1) | Referrals by committee of Assembly |
(2) | Report to committee by children's advocate |
8.2.2(1) | Referral by minister |
(2) | Report to minister |
REVIEW OF SERVICES AFTER DEATH OF CHILD IN CARE | |
8.2.3(1) | Review after death of child |
(2) | Purpose of review |
(3) | Report |
(4) | Children's advocate not to determine culpability |
(5) | Report is confidential |
(6) | Summary of recommendations in annual report |
(7) | "Publicly funded" |
(8) | Independent review in case of conflict |
(9) | No effect on Fatality Inquiries Act |
POWERS | |
8.3 | Powers of children's advocate |
8.4 | Delegation |
8.5 | Right of entry |
8.6 | Information to be furnished |
8.7 | Proceedings re furnishing information prohibited |
8.8(1) | Report to director, authority and agency |
(2) | Report to parent and child |
(3) | Report to placement centre |
(4) | Report to complainant |
(5) | Application |
8.9 | Communication by child |
8.10(1) | Secrecy |
(2) | Disclosure re duties and power |
(3) | Disclosure in reports |
(4) | Disclosure in annual reports |
(5) | Disclosure re adoption records |
8.11 | Proceedings against children's advocate prohibited |
8.12 | Offence and penalty |
8.13 | |
8.14(1) | Rules by Assembly |
(2) | Procedure of children's advocate |
PART II | |
SERVICES TO FAMILIES | |
9(1) | 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(1) | Special needs services |
(2) | Emergency assistance |
11(1) | Assistance to community groups |
(2) | Programs for volunteers |
12 | Day care service |
13(1) | Homemaker service |
(2) | Notification of parent |
(3) | Rights and responsibilities of homemaker |
(4) | Parent aide |
(5) | Agreement regarding service |
14(1) | Voluntary placement agreement |
(2) | Agreement |
(3) | Limit on renewals of agreement |
(4) | Termination of agreement |
(5) | Parent leaving province |
(6) | Transition |
15(1) | Agreements by minor valid |
(2) | Financial information and maintenance agreement |
(3) | Reduction of contribution |
(3.1) | Order for payment of maintenance |
(3.2) | Filing and service of financial information |
(3.3) | Penalty for not filing financial information |
(3.4) | Factors affecting order under section 15(3.1)(b) |
(3.5) | Maintenance effective from provision of services |
(3.6) | Variation |
(4) | Approval by director |
16(1) | 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 until 48 hours after birth |
(6) and (7) | |
(8) | Agreement subject to approval of director |
(9) | Effect of agreement |
(10) | Withdrawal of voluntary surrender of guardianship |
(10.1) | Child returned |
(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(1) | Child in need of protection |
(2) | Illustrations of child in need |
18(1) | Reporting a child in need of protection |
(1.0.1) | Reporting child pornography |
(1.0.2) | Seeking out child pornography not required or authorized |
(1.1) | Reporting to agency only |
(2) | Duty to report |
18.1(1) | Protection of informant |
(2) | Identity of informant |
(3) | Retaliation against informant prohibited |
18.2(1) | Reports regarding professionals, etc. |
(2) | Requirement to investigate |
18.3 | Offences |
18.4(1) | Agency to investigate |
(1.1) | Police to provide information |
(2) | Report of conclusion |
(2.1) | Report of conclusion where child not in need of protection |
(3) | Restrictions on disclosure |
(4) | Peace officer to report charges |
18.5 | Reference to child abuse committee |
18.6 | Director to investigate |
18.7(1) | Action by reporting entity re child pornography report |
(2) | Annual report by reporting entity |
19(1) | Agency child abuse committees |
(2) | Joint committee |
(3) | Actions on referral to committee |
(3.1) | Review process |
(3.2) | Notice of intent to register |
(3.3) | Objection to entry in registry |
(3.4) | Report to director where no objection |
(3.5) | Hearing |
(3.6) | Rules for hearing |
(3.7) | Decision of court |
(3.8) | Transitional: no review committee decision |
(3.9) | Transitional: appeal permitted or pending |
(4) | Report to director re. abuser |
(5) | Where report under subsection (4) not required |
(6) | Reporting by court |
(7) | Reporting by peace officer re offence |
(8) | Excluded offences |
19.1(1) | Child abuse registry |
(2) | Entry in registry |
19.2 | |
19.3(1) | Information confidential |
(2) | Access by agencies |
(2.1) | Access by adoption agency |
(3) | Access by peace officers |
(3.1) | Access by employers and others |
(4) | Director to provide information re register |
(5) | Objection to information |
19.4(1) | Removal of identifying information re abused |
(2) | Removal of identifying information re abuser |
19.5 | |
20(1) | 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(1) | Apprehension of a child in need of protection |
(2) | Entry without warrant in certain cases |
(3) | Warrant to search for child |
(4) | Child need not be named |
(5) | Assistance of peace officer |
22(1) | 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(1) | Care while under apprehension |
(2) | Child's consent required if 16 or over |
(3) | Application to court to authorize examination or treatment |
(4) | Notice of application |
(5) | Abridging notice |
(6) | If court documents not filed before hearing |
(7) | Evidence received by telephone |
(8) | Court order authorizing examination or treatment |
(9) | Child's consent to order required if 16 or older |
(10) | Protection from liability |
26(1) | Leaving child pending protection hearing |
(2) | Agency to be notified |
(3) | Deemed apprehension |
27(1) | 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(1) | Transfer of proceedings to another court |
(2) | Another agency carrying case |
29(1) | Date when application returnable |
(2) | Adjournment |
30(1) | Notice of hearing |
(1.1) | Notice regarding filing of financial information |
(1.2) | Filing and service of financial information |
(1.3) | Penalty for not filing financial information |
(2) | Reduction in time of notice and waiver of notice |
(3) | Service of notice |
(4) | Judge may dispense with service of notice |
31(1) | Application to intervene |
(2) | Order |
32(1) | |
(2) | Order for further particulars |
(3) | Queen's Bench rules re: discovery not to apply |
33(1) | Presence of child under 12 not required |
(2) | Presence of child 12 or over required |
34(1) | Right to counsel |
(1.1) | Legal counsel for parent who is a child |
(2) | Counsel for child |
(3) | Factors affecting need for counsel for child |
35 | Cross-examination of parents |
36 | Proceedings informal |
37(1) | Power of court |
(2) | Court may direct investigation |
(3) | Refusal to co-operate |
38(1) | Orders of the judge |
(2) | Consent orders |
(3) | Child support orders |
(3.1) | Factors in making order |
(3.2) | Maintenance effective from provision of services |
(4) | Variation of order |
(5) | Effective date of order |
(6) | Right to enter home |
(7) | Further apprehension of child |
(8) | Distribution of order |
38.1 | Joint orders prohibited |
39(1) | 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(1) | Further hearings |
(2) | Former order deemed to be continued |
(3) | Further orders |
(3.1) | Consent orders |
(4) | Provisions of Part apply |
41(1) | 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(1) | Appeal from order of master |
(2) | Notice of appeal from master |
(3) | Hearing de novo |
44(1) | 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(1) | Effect of order of permanent guardianship |
(2) | Termination of permanent guardianship on application |
(3) | Application by parents to terminate permanent guardianship |
(4) | Order |
(5) | No application for another year |
46 | Family member assuming care |
47 | |
PART IV | |
CHILDREN IN CARE | |
48 | Authority of the guardian |
49(1) | Transfer of guardianship |
(2) | Transfer of supervision |
(3) | Consequences of transfer |
50(1) | Termination of guardianship |
(2) | Support beyond termination of guardianship |
51(1) | Removal of child |
(2) | Child in foster home |
(3) | Foster parents may request review |
(4) | Reconsideration by the authority |
(5) | Right to an independent appeal |
(6) | Hearing |
(7) | Regulations |
(8) | Authority may recommend regulations |
52 | Interference with children in care |
53(1) | Apprehending a child who absconds |
(2) | Warrant for apprehension |
54 | Review by director |
PART V | |
55 to 74 | |
PART VI | |
CONFIDENTIALITY | |
75(1) | Proceedings open to media |
(1.1) | Proceedings open to public and media |
(2) | Reporting not to identify persons involved |
(3) | Offence and penalty |
(4) | Offence by an officer, etc. of corporation |
76(1) | 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 of records |
PART VII | |
PRIVATE GUARDIANSHIP OF THE PERSON AND ACCESS | |
77(1) | Court may appoint guardian of person |
(1.1) | Interim order |
(1.2) | Review of order |
(2) | Notice |
(3) | Judge may reduce or dispense with notice |
(4) | Effect of order |
78(1) | Access — purpose of section |
(1.1) | Access application by grandparent or other family member |
(2) | Application for access by others |
(3) | Notice |
(3.1) | Court may reduce or dispense with notice |
(4) | Access order |
(4.1) | Access provisions |
(4.2) | Child's best interests |
(5) | Consent orders |
(5.1) | Interim order |
(6) | No application during placement period |
(7) | Variation |
(8) | Review of order |
79(1) | Court may direct investigation |
(2) | Refusal to co-operate |
80(1) | Orders not to molest |
(2) | Interim order |
81 | Appeals |
PART VIII | |
GENERAL | |
82(1) | Foreign orders |
(2) | Effect of foreign documents |
83 | Immigrant children |
84 | Sale of child-offence |
85 | Proceedings prohibited |
86 | Regulations |
86.1 | Conflict with The Freedom of Information and Protection of Privacy Act |
87(1) | Repeal |
(2) | Transitional provision |
88(1) | Wards of Director of Child Welfare |
(2) | Wards of child caring agencies |
89 | Reference in Continuing Consolidation |
90 | Commencement of Act |