C.C.S.M. c. C80
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| Declaration of Principles
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| 1
| (1)
| Definitions
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| (2)
| Registered common-law relationship
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| 2
| (1)
| Best interests
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| (2)
| Child 12 years of age to be advised
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| (3)
| Child's views may be considered
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| PART I
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| ADMINISTRATION
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| 3
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| Director of Child and Family Services
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| 4
| (1)
| Duties of director
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| (2)
| Powers of director
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| (2.1)
| Proceedings re furnishing information prohibited
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| (3)
| Delegation by director
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| 4.1
| (1)
| Director may appoint an administrator
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| (2)
| Powers of administrator
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| (3)
| Directors cease to hold office
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| (4)
| Directors may continue to act
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| (5)
| Directors to assist
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| (6)
| Termination of appointment
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| (7)
| Corporations Act, by-laws and articles not applicable
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| 5
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| Repealed
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|
| (1) to (12)
| Repealed
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| (13)
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| (14) to (17)
| Repealed
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| (18) to (21)
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| 6.1
| (1)
| Authority may mandate agencies
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| (2)
| Mandating a regional office
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| (3)
| Contents of mandate
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| (4)
| Notice to minister of mandate
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| (5)
| Regulation by minister setting out agency's mandate
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| 6.2
| (1)
| Transitional — continuing agencies under Corporations Act
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| (2)
| Repealed
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| (3)
| Transitional — continuing First Nations agencies
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| 6.3
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| Minister to determine initial mandates
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| 6.4
| (1)
| Varying an agency's mandate
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|
| (2)
| Regulation amended if mandate varied
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| 6.5
| (1)
| Withdrawing mandate from an agency
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|
| (2)
| Regulation amended if mandate withdrawn
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| 6.6
| (1)
| Rates for services
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| (2)
| Rates payable to agencies or treatment centres
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| (3)
| Effective date of order
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| (4)
| Emergency services, etc.
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| 7
| (1)
| Duties of agencies
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|
| (2)
| Director party to court proceedings
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| 7.1
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| Gifts to Children's Aid Society of Winnipeg
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| 8
| (1)
| Licence required for foster home
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| (2)
| Appeal to director
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| (3)
| Action by director
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| (4)
| Licence required for other child care facility
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|
| (5)
| Appeal to Social Services Appeal Board
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| (6)
| Social Services Appeal Board Act applies
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| (7)
| Transitional: existing licences and pending appeals
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|
| (8)
| Appointment of provisional administrator
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| (9)
| Powers of provisional administrator
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| (10)
| Expenses of provisional administration
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| (11)
| Offence and penalty
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| (12)
| Continuing offence
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| PART I.1
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| CHILDREN'S ADVOCATE
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| OFFICE OF CHILDREN'S ADVOCATE
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| 8.1
| (1)
| Appointment of Children's Advocate
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| (2)
| Appointment process
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| (3)
| Officer of Legislature
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| (4)
| Term of office
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| (5)
| Re-appointment
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| (6)
| Resignation
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| (7)
| Removal or suspension
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| (8)
| Suspension when Assembly not sitting
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|
| (9)
| Acting children's advocate
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| (10)
| Term of acting children's advocate
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| (11)
| Salary
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| (12)
| Reduction of salary
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| (13)
| Expenses
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| (14)
| Application of The Civil Service Superannuation Act
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| (15)
| Application of The Civil Service Act
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| (16)
| Privileges and perquisites of office
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| (17)
| Employees under children's advocate
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| (18)
| Oath of office
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| (19)
| Oath of staff
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| DUTIES
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| 8.2
| (1)
| Duties of children's advocate
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| (2)
| Annual report to be tabled
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|
| (3)
| Referral to standing committee
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| REFERRALS
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| 8.2.1
| (1)
| Referrals by committee of Assembly
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| (2)
| Report to committee by children's advocate
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| 8.2.2
| (1)
| Referral by minister
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| (2)
| Report to minister
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| REVIEW OF SERVICES AFTER DEATH OF CHILD IN CARE
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| 8.2.3
| (1)
| Review after death of child
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|
| (2)
| Purpose of review
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| (3)
| Report
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| (4)
| Children's advocate not to determine culpability
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| (5)
| Report is confidential
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| (6)
| Summary of recommendations in annual report
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| (7)
| "Publicly funded"
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| (8)
| Independent review in case of conflict
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| (9)
| No effect on Fatality Inquiries Act
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| POWERS
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| 8.3
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| Powers of children's advocate
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| 8.4
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| Delegation
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| 8.5
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| Right of entry
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| 8.6
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| Information to be furnished
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| 8.7
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| Proceedings re furnishing information prohibited
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| 8.8
| (1)
| Report to director, authority and agency
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|
| (2)
| Report to parent and child
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| (3)
| Report to placement centre
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| (4)
| Report to complainant
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|
| (5)
| Application
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| 8.9
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| Communication by child
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| 8.10
| (1)
| Secrecy
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| (2)
| Disclosure re duties and power
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| (3)
| Disclosure in reports
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| (4)
| Disclosure in annual reports
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| (5)
| Disclosure re adoption records
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| 8.11
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| Proceedings against children's advocate prohibited
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| 8.12
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| Offence and penalty
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| 8.13
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| Repealed
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| 8.14
| (1)
| Rules by Assembly
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| (2)
| Procedure of children's advocate
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| PART I.2
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| CRITICAL INCIDENT REPORTING
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| 8.15
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| Definitions
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| DUTY TO REPORT
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| 8.16
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| General duty to report
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| 8.17
| (1)
| Report by employees and service providers
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| (2)
| Report by foster parent
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| (3)
| Report by child care facility operator
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| 8.18
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| Agency's duty to inform authority and director
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| CRITICAL INCIDENT REPORTING
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| 8.19
| (1)
| Timing of critical incident report
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| (2)
| Content of critical incident report
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| (3)
| Application to agencies
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| 8.20
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| Director's duty to inform agency and authority
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| 8.21
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| Review of critical incident report
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| GENERAL PROVISIONS
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| 8.22
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| Report required despite other law
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| 8.23
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| Retaliation prohibited
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| PART II
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| SERVICES TO FAMILIES
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| 9
| (1)
| Services to families
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| (2)
| Services to minor parent
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| (3)
| Information to minor parents
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|
| (4)
| Notice to director of birth of child to an unmarried child
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| 10
| (1)
| Special needs services
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|
| (2)
| Emergency assistance
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| 11
| (1)
| Assistance to community groups
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|
| (2)
| Programs for volunteers
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| 12
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| Day care service
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| 13
| (1)
| Homemaker service
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|
| (2)
| Notification of parent
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|
| (3)
| Rights and responsibilities of homemaker
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|
| (4)
| Parent aide
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| (5)
| Agreement regarding service
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| 14
| (1)
| Voluntary placement agreement
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|
| (2)
| Agreement
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|
| (3)
| Limit on renewals of agreement
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| (4)
| Termination of agreement
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| (5)
| Parent leaving province
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| (6)
| Transition
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| 15
| (1)
| Agreements by minor valid
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|
| (2)
| Financial information and maintenance agreement
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|
| (3)
| Reduction of contribution
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| (3.1)
| Order for payment of maintenance
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| (3.2)
| Filing and service of financial information
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| (3.3)
| Penalty for not filing financial information
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| (3.4)
| Factors affecting order under section 15(3.1)(b)
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| (3.5)
| Maintenance effective from provision of services
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| (3.6)
| Variation
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| (4)
| Approval by director
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| 16
| (1)
| Voluntary surrender of guardianship by parents
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|
| (2)
| Voluntary surrender of guardianship by mother
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|
| (3)
| Agreements in name of director
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|
| (4
| Agreements by minor
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|
| (5)
| No surrender until 48 hours after birth
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|
| (6) and (7)
| Repealed
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|
| (8)
| Agreement subject to approval of director
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|
| (9)
| Effect of agreement
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|
| (10)
| Withdrawal of voluntary surrender of guardianship
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|
| (10.1)
| Child returned
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| (11)
| Application to director
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| (12)
| Appeal to court
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|
| (13)
| Action prior to accepting surrender
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|
| (14)
| No notice of adoption application
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| PART III
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| CHILD PROTECTION
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| 17
| (1)
| Child in need of protection
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| (2)
| Illustrations of child in need
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| 18
| (1)
| Reporting a child in need of protection
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|
| (1.0.1)
| Reporting child pornography
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| (1.0.2)
| Seeking out child pornography not required or authorized
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| (1.1)
| Reporting to agency only
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|
| (2)
| Duty to report
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| 18.1
| (1)
| Protection of informant
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| (2)
| Identity of informant
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| (3)
| Retaliation against informant prohibited
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| 18.2
| (1)
| Reports regarding professionals, etc.
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|
| (2)
| Requirement to investigate
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| 18.3
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| Offences
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| 18.4
| (1)
| Agency to investigate
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| (1.1)
| Police to provide information
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|
| (2)
| Report of conclusion
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| (2.1)
| Report of conclusion where child not in need of protection
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|
| (3)
| Restrictions on disclosure
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|
| (4)
| Peace officer to report charges
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| 18.5
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| Reference to child abuse committee
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| 18.6
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| Director to investigate
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| 18.7
| (1)
| Action by reporting entity re child pornography report
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|
| (2)
| Annual report by reporting entity
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| 19
| (1)
| Agency child abuse committees
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|
| (2)
| Joint committee
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| (3)
| Actions on referral to committee
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|
| (3.1)
| Review process
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| (3.2)
| Notice of intent to register
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| (3.3)
| Objection to entry in registry
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| (3.4)
| Report to director where no objection
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| (3.5)
| Hearing
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| (3.6)
| Rules for hearing
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| (3.7)
| Decision of court
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| (3.8)
| Transitional: no review committee decision
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| (3.9)
| Transitional: appeal permitted or pending
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|
| (4)
| Report to director re. abuser
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| (5)
| Where report under subsection (4) not required
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|
| (6)
| Reporting by court
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| (7)
| Reporting by peace officer re offence
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| (8)
| Excluded offences
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| 19.1
| (1)
| Child abuse registry
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| (2)
| Entry in registry
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| 19.2
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| Repealed
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| 19.3
| (1)
| Information confidential
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|
| (2)
| Access by agencies
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| (2.1)
| Access by adoption agency
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|
| (3)
| Access by peace officers
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| (3.1)
| Access by employers and others
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|
| (4)
| Director to provide information re register
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| (5)
| Objection to information
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| 19.4
| (1)
| Removal of identifying information re abused
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| (2)
| Removal of identifying information re abuser
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| 19.5
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| Repealed
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| 20
| (1)
| Application for an order not to contact child
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|
| (2)
| Notice of application
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|
| (3)
| Order
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| (4)
| Extension of order
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|
| (5)
| Consent orders
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| (6)
| Agency to serve copies of order
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|
| (7)
| Offence
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| 21
| (1)
| Apprehension of a child in need of protection
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|
| (2)
| Entry without warrant in certain cases
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|
| (3)
| Warrant to search for child
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| (4)
| Child need not be named
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| (5)
| Assistance of peace officer
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| 22
| (1)
| Child in care may be apprehended
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|
| (2)
| Child remaining in hospital as a patient
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| 23
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| Notification of agency
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| 24
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| Parents to be notified of apprehension
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| 25
| (1)
| Care while under apprehension
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| (2)
| Child's consent required if 16 or over
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|
| (3)
| Application to court to authorize examination or treatment
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| (4)
| Notice of application
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| (5)
| Abridging notice
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| (6)
| If court documents not filed before hearing
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|
| (7)
| Evidence received by telephone
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|
| (8)
| Court order authorizing examination or treatment
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|
| (9)
| Child's consent to order required if 16 or older
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|
| (10)
| Protection from liability
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| 26
| (1)
| Leaving child pending protection hearing
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|
| (2)
| Agency to be notified
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|
| (3)
| Deemed apprehension
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| 27
| (1)
| Application to court for protection hearing
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|
| (2)
| Access pending protection hearing
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|
| (3)
| Hearing re access by parents or guardian
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|
| (4)
| Burden of proof
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|
| (5)
| Variation of order
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| 28
| (1)
| Transfer of proceedings to another court
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|
| (2)
| Another agency carrying case
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| 29
| (1)
| Date when application returnable
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|
| (2)
| Adjournment
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| 30
| (1)
| Notice of hearing
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|
| (1.1)
| Notice regarding filing of financial information
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| (1.2)
| Filing and service of financial information
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| (1.3)
| Penalty for not filing financial information
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|
| (2)
| Reduction in time of notice and waiver of notice
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|
| (3)
| Service of notice
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|
| (4)
| Judge may dispense with service of notice
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| 31
| (1)
| Application to intervene
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|
| (2)
| Order
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| 32
| (1)
| Repealed
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|
| (2)
| Order for further particulars
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|
| (3)
| Queen's Bench rules re: discovery not to apply
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| 33
| (1)
| Presence of child under 12 not required
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|
| (2)
| Presence of child 12 or over required
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| 34
| (1)
| Right to counsel
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|
| (1.1)
| Legal counsel for parent who is a child
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|
| (2)
| Counsel for child
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|
| (3)
| Factors affecting need for counsel for child
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| 35
|
| Cross-examination of parents
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| 36
|
| Proceedings informal
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| 37
| (1)
| Power of court
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|
| (2)
| Court may direct investigation
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|
| (3)
| Refusal to co-operate
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| 38
| (1)
| Orders of the judge
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|
| (2)
| Consent orders
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|
| (3)
| Child support orders
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|
| (3.1)
| Factors in making order
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|
| (3.2)
| Maintenance effective from provision of services
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|
| (4)
| Variation of order
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|
| (5)
| Effective date of order
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|
| (6)
| Right to enter home
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|
| (7)
| Further apprehension of child
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|
| (8)
| Distribution of order
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| 38.1
|
| Joint orders prohibited
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| 39
| (1)
| Access by parents during temporary order
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|
| (2)
| Application to determine access during temporary order
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|
| (3)
| Access by parents during permanent order
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|
| (4)
| Application to determine access where permanent order
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|
| (5)
| Variation of order under subsec. (2) or (4)
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|
| (6)
| No application where child placed for adoption
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|
| (7)
| Where judge unable to act
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| 40
| (1)
| Further hearings
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|
| (2)
| Former order deemed to be continued
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|
| (3)
| Further orders
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|
| (3.1)
| Consent orders
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|
| (4)
| Provisions of Part apply
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| 41
| (1)
| Maximum period of temporary guardianship
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|
| (2)
| Extension of guardianship for child over 12
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|
| (3)
| Age for purposes of subsecs. (1) and (2)
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| 42
|
| Child in care of the agency appearing
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| 43
| (1)
| Appeal from order of master
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|
| (2)
| Notice of appeal from master
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|
| (3)
| Hearing de novo
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| 44
| (1)
| Appeal from order of a judge
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|
| (2)
| Extension of time for appeal
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|
| (3)
| Filing and service of notice of appeal
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|
| (4)
| Status of child during appeal
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| 45
| (1)
| Effect of order of permanent guardianship
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|
| (2)
| Termination of permanent guardianship on application
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|
| (3)
| Application by parents to terminate permanent guardianship
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|
| (4)
| Order
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|
| (4.1)
| Consent orders
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|
| (4.2)
| Deemed consent
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|
| (5)
| No application for another year
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| 46
|
| Family member assuming care
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| 47
|
| Repealed
|
| PART IV
|
| CHILDREN IN CARE
|
| 48
|
| Authority of the guardian
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| 49
| (1)
| Transfer of guardianship
|
|
| (2)
| Transfer of supervision
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|
| (3)
| Consequences of transfer
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| 50
| (1)
| Termination of guardianship
|
|
| (2)
| Support beyond termination of guardianship
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| 51
| (1)
| Removal of child
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|
| (2)
| Child in foster home
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|
| (3)
| Foster parents may request review
|
|
| (4)
| Reconsideration by the authority
|
|
| (5)
| Right to an independent appeal
|
|
| (6)
| Hearing
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|
| (7)
| Regulations
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|
| (8)
| Authority may recommend regulations
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| 52
|
| Interference with children in care
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| 53
| (1)
| Apprehending a child who absconds
|
|
| (2)
| Warrant for apprehension
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| 54
|
| Review by director
|
| PART V
|
| 55 to 74
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| Repealed
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| 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
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| 76
| (1)
| Meaning of access
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|
| (2)
| Access with consent of subject
|
|
| (3)
| Records are confidential
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|
| (4)
| Right of access
|
|
| (5)
| Exceptions
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|
| (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
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|
| (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
|
|
| (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
|
