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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| 5 | Repealed | |
| (1) to (12) | Repealed | |
| (13) | ||
| (14) to (17) | Repealed | |
| (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| (2) | Repealed | |
| (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| (2) | Regulation amended if mandate withdrawn | |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 | |
| (3) | Referral to standing committee | |
| 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 | Repealed | |
| 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) | Repealed | |
| (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 | Repealed | |
| 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 | Repealed | |
| 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) | Repealed |
| (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 | Repealed | |
| 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 | Repealed | |
| 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 | |