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C.C.S.M. c. C80
The Child and Family Services Act
Table of Contents
| 1 | Definitions | |
| (2) | Registered common-law relationship | |
| 2 | 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 | Duties of director | |
| (2) | Powers of director | |
| (2.1) | Proceedings re furnishing information prohibited | |
| (3) | Delegation by director | |
| 4.1 | 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| 5 | [Repealed] | |
| (1) to (12) | [Repealed] | |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) | [Renumbered as section 7.1] | |
| (14) to (17) | [Repealed] | |
| (18) to (21) | [Renumbered as subsections 6.6(1) to (4)] | |
| 6.1 | 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 | Transitional — continuing agencies under Corporations Act | |
| (2) | [Repealed] | |
| (3) | Transitional — continuing First Nations agencies | |
| 6.3 | Minister to determine initial mandates | |
| 6.4 | Varying an agency's mandate | |
| (2) | Regulation amended if mandate varied | |
| 6.5 | Withdrawing mandate from an agency | |
| (2) | Regulation amended if mandate withdrawn | |
| 6.6 | Rates for services | |
| (2) | Rates payable to agencies or treatment centres | |
| (3) | Effective date of order | |
| (4) | Emergency services, etc. | |
| 7 | Duties of agencies | |
| (2) | Director party to court proceedings | |
| 7.1 | Gifts to Children's Aid Society of Winnipeg | |
| 8 | 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 Appeal Board | |
| (6) | Social Services Appeal Board Act applies | |
| (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 | ||
| 8.1 to 8.14 | [Repealed] | |
| PART I.2 | ||
| CRITICAL INCIDENT REPORTING | ||
| 8.15 | Definitions | |
| DUTY TO REPORT | ||
| 8.16 | General duty to report | |
| 8.17 | Report by employees and service providers | |
| (2) | Report by foster parent | |
| (3) | Report by child care facility operator | |
| 8.18 | Agency's duty to inform authority and director | |
| CRITICAL INCIDENT REPORTING | ||
| 8.19 | Timing of critical incident report | |
| (2) | Content of critical incident report | |
| (3) | Application to agencies | |
| 8.20 | Director's duty to inform agency and authority | |
| 8.21 | Review of critical incident report | |
| GENERAL PROVISIONS | ||
| 8.22 | Report required despite other law | |
| 8.23 | Retaliation prohibited | |
| PART II | ||
| SERVICES TO FAMILIES | ||
| 9 | 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 | Special needs services | |
| (2) | Emergency assistance | |
| 11 | Assistance to community groups | |
| (2) | Programs for volunteers | |
| 12 | Day care service | |
| 13 | Homemaker service | |
| (2) | Notification of parent | |
| (3) | Rights and responsibilities of homemaker | |
| (4) | Parent aide | |
| (5) | Agreement regarding service | |
| 14 | Voluntary placement agreement | |
| (2) | Agreement | |
| (3) | Limit on renewals of agreement | |
| (4) | Termination of agreement | |
| (5) | Parent leaving province | |
| (6) | Transition | |
| 15 | 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 | Voluntary surrender of guardianship by parents | |
| (2) | Voluntary surrender of guardianship by mother | |
| (3) | Agreements in name of director | |
| (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 | Child in need of protection | |
| (2) | Illustrations of child in need | |
| (3) | Economic and social advantages not determinative | |
| 18 | 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 | Protection of informant | |
| (2) | Identity of informant | |
| (3) | Retaliation against informant prohibited | |
| 18.2 | Reports regarding professionals, etc. | |
| (2) | Requirement to investigate | |
| 18.3 | Offences | |
| 18.4 | 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 | Action by reporting entity re child pornography report | |
| (2) | Annual report by reporting entity | |
| 19 | 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 | Child abuse registry | |
| (2) | Entry in registry | |
| 19.2 | [Repealed] | |
| 19.3 | Information confidential | |
| (2) | Access by agencies | |
| (2.1) | Access by adoption agency | |
| (3) | Access by peace officers | |
| (3.1) | Access by employers and others | |
| (3.2) | Manner of giving access to registry | |
| (3.3) | Ongoing access to registry | |
| (3.4) | Searches by director still required | |
| (4) | Director to provide information re register | |
| (5) | Objection to information | |
| 19.4 | Removal of identifying information re abused | |
| (2) | Removal of identifying information re abuser | |
| 19.5 | [Repealed] | |
| 20 | 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 | 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 | 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 | 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 | Leaving child pending protection hearing | |
| (2) | Agency to be notified | |
| (3) | Deemed apprehension | |
| 27 | 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 | Transfer of proceedings to another court | |
| (2) | Another agency carrying case | |
| 29 | Date when application returnable | |
| (2) | Adjournment | |
| 30 | 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 | Application to intervene | |
| (2) | Order | |
| 32 | (1) | [Repealed] |
| (2) | Order for further particulars | |
| (3) | King's Bench rules re discovery not to apply | |
| 33 | Presence of child under 12 not required | |
| (2) | Presence of child 12 or over required | |
| 34 | 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 | Power of court | |
| (2) | Court may direct investigation | |
| (3) | Refusal to co-operate | |
| 38 | 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 | 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 | Further hearings | |
| (2) | Former order deemed to be continued | |
| (3) | Further orders | |
| (3.1) | Consent orders | |
| (4) | Provisions of Part apply | |
| 41 | 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 | Appeal from order of master | |
| (2) | Notice of appeal from master | |
| (3) | Hearing de novo | |
| 44 | 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 | Effect of order of permanent guardianship | |
| (2) | Termination of permanent guardianship on application | |
| (3) | Application by parents to terminate permanent guardianship | |
| (4) | Order | |
| (4.1) | Consent orders | |
| (4.2) | Deemed consent | |
| (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) | [Repealed] |
| (2) | Transfer of guardianship or supervision by director | |
| (2.1) | Agency may be regional office | |
| (3) | Consequences of transfer | |
| 50 | Termination of guardianship | |
| (2) | Support beyond termination of guardianship | |
| 51 | 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 | Apprehending a child who absconds | |
| (2) | Warrant for apprehension | |
| 54 | Review by director | |
| PART V | ||
| 55 to 74 | [Repealed] | |
| PART VI | ||
| CONFIDENTIALITY | ||
| 75 | 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 | Meaning of access | |
| (2) | Access with consent of subject | |
| (3) | Records are confidential | |
| (3.1) | Disclosing information to plan or provide services | |
| (3.2) | No disclosure if contrary to child's best interest | |
| (3.3) | Permitted disclosure under subsection (3.1) | |
| (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 | |
| (17.1) | Disclosure to agencies, Indigenous service providers | |
| (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 VI.1 | ||
| INDIGENOUS GOVERNING BODIES AND INDIGENOUS SERVICE PROVIDERS |
||
| 76.1 | Definition | |
| 76.2 | Purposes | |
| 76.3 | Director's powers and duties re mandated agencies | |
| 76.4 | Disclosing information to Indigenous child and family services | |
| 76.5 | Access to electronic information system | |
| (2) | Arrangement may allow entry of information | |
| (3) | Arrangement may include terms and conditions | |
| 76.6 | Public bodies and trustees may disclose information | |
| 76.7 | Personal information and personal health information may be included | |
| 76.8 | Adoption records remain confidential | |
| 76.9 | Director may direct disclosure | |
| (2) | Authority may direct disclosure | |
| (3) | Compliance required | |
| (4) | Directive prevails | |
| 76.10 | Disclosure required under coordination agreement | |
| 76.11 | Further use or disclosure by Indigenous governing body or Indigenous service provider | |
| 76.12 | Information disclosed by Indigenous service provider to director, authority or agency | |
| (2) | Circumstances when disclosure permitted | |
| (3) | Disclosure for research purposes | |
| (4) | Further disclosure by Indigenous service provider | |
| 76.13 | Application of section 85 | |
| 76.14 | Access to child abuse registry | |
| (2) | Manner of giving access to registry | |
| (3) | Ongoing access to registry | |
| (4) | Searches by director still required | |
| (5) | Access restricted | |
| (6) | Disclosure by Indigenous service provider | |
| (7) | Disclosure without consent | |
| 76.15 | Definition of "abuse" | |
| 76.16 | Report of name for entry in registry | |
| (2) | Notice of intent to register | |
| (3) | Persons to be given notice | |
| 76.17 | Objection to entry in registry | |
| (2) | Applicable procedure | |
| (3) | Reporting decision | |
| 76.18 | Entry in registry | |
| 76.19 | Transfer of guardianship or supervision by director | |
| (2) | Agency may be regional office | |
| (3) | Consent required | |
| (4) | Consequences of transfer | |
| PART VII | ||
| PRIVATE GUARDIANSHIP OF THE PERSON AND ACCESS |
||
| 77 | 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 | 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 | Court may direct investigation | |
| (2) | Refusal to co-operate | |
| 80 | Orders not to molest | |
| (2) | Interim order | |
| 81 | Appeals | |
| PART VIII | ||
| GENERAL | ||
| 82 | 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 | Repeal | |
| (2) | Transitional provision | |
| 88 | Wards of Director of Child Welfare | |
| (2) | Wards of child caring agencies | |
| 89 | Reference in Continuing Consolidation | |
| 90 | Commencement of Act | |