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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE LOIS BOONE

MINISTER FOR CHILDREN AND FAMILIES

BILL 84 – 1999

CHILD, FAMILY AND COMMUNITY SERVICE

AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996,

c. 46, is amended

(

a) in the definition of "continuing custody order" by striking

out "42 (3) (b), 49 (4) or (5) or 60" and substituting "42.2

(4) (

d) or (7) or 49 (4), (5) or (10) (a)" ,

(

b) by adding the following

definitions:

"dwelling" means all or part of any premises,

vehicle or vessel that is kept or occupied as a permanent or temporary residence;

"plan for independence" means a plan relating to

a youth that

(

a) contains the information required under

section 12.2, and

(

b) is prepared in accordance with the regulations; ,

(

c) by repealing the definition of "plan of care" and

substituting the following:

"plan of care" means a plan relating to a child

that

(

a) contains the information required under the regulations, and

(

b) is prepared in accordance with the regulations. ,

(

d) in the definition of "supervision order" by striking out ",

49 (8) or 60" and substituting "or 49 (8)" ,

(

e) in the definition of "temporary custody order" by striking

out ", 49 (7) (

b) or 60" and substituting "or

49 (7) (b)" , and

(

f) by renumbering the

section as

section 1 (1) and by adding the following

subsection:

(2) A reference in this Act to an order made under a provision of

this Act includes a reference to the corresponding order made by consent under

section 60.

Part 2 is amended by repealing the heading and substituting the

following:

Part 2 – Family Support Services and Agreements .

Section 11 (2) is amended by striking out ", 7 or 9"

and substituting "or 7" .

4 The following

Part is added after

section 12:

Part 2.1 – Youth and Transitional Support Services and Agreements

Support services for youth

12.1 A director may establish support services for youth,

including but not limited to safe houses, outreach services and supported living

arrangements.

Agreements with youth

12.2

(1) Subject to the regulations, a director may make a

written agreement with a youth who needs assistance and who

(

a) cannot, in the director's opinion, be re-established in the

youth's family, or

(

b) has no parent or other person willing or able to assist the

youth.

(2) The agreement may provide for one or more of the following:

(

a) residential, educational or other support services;

(

b) financial assistance.

(3) The agreement must include a plan for independence that

contains

(

a) a description of the support services or financial assistance,

or both, that are to be provided by the director,

(

b) the goals to be met by the youth, and

(

c) any other contents specified by regulation.

(4) Before making the agreement, the director must

(

a) consider whether the agreement is in the youth's best

interests, and

(

b) recommend that the youth seek advice from an independent third

party.

(5) The initial term of the agreement must not exceed 3 months,

but the agreement may be renewed for terms of up to 6 months each.

(6) No agreement under this

section continues beyond the youth's

19th birthday.

(7) An agreement made by the director under this

section with a

youth is enforceable against the youth.

(8) An agreement made by the director under this

section with a

youth does not limit the court's power to hear an application and make an order about the

youth.

(9) For the purpose of this section, "youth" includes a

person who

(

a) is under 16 years of age, and

(

b) is married or is a parent or expectant parent.

Agreements with young adults

12.3

(1) Subject to the regulations, a director may make a

written agreement with a person who, until the person's 19th birthday,

(

a) received support services or financial assistance, or both,

under

section 12.2,

(

b) was in the continuing custody of the director or the permanent

custody of the Superintendent of Family and Child Service, or

(

c) was in the guardianship of the director of adoption

or of a director under

section 29 (3) of the Family Relations Act .

(2) The agreement may provide for support services or financial

assistance, or both, to assist the person while

(

a) enrolled in an educational or vocational training program, or

(

b) taking

part in a rehabilitative program.

(3) The agreement may be renewed or the parties may, after an

interval, make another agreement under this section, but, whether one or more agreements

are made,

(

a) the total of the terms must not exceed 24 months, and

(

b) no agreement may extend beyond the person's 24th birthday.

Section 13 is amended by adding the following subsection:

(1.1) For the purpose of subsection (1) (

b) and (

c) and

section 14

(1) (

a) but without limiting the meaning of "sexually abused" or "sexually

exploited", a child has been or is likely to be sexually abused or sexually exploited

if the child has been, or is likely to be,

(

a) encouraged or helped to engage in prostitution, or

(

b) coerced or inveigled into engaging in prostitution.

Section 14 (1) (

b) is amended by striking out "13 (1) (e)"

and substituting "13 (1) (d)" .

Section 16 (5) (

a) is amended by striking out "physical and

emotional" and substituting "physical or emotional" .

Section 17 is amended

(

a) in subsection (2) by repealing paragraph (

a) and substituting the following:

(

a) authorize the director, a police officer or a person specified

in the order to, by force if necessary, enter the premises or vehicle or board the vessel

specified in the order and to search for the child; , and

(

b) in subsections (2) (

d) and (4) by striking out "premises"

and substituting "premises, vehicle or vessel" .

Section 19 is amended

(

a) in subsection (1) by adding "or a warrant under

section 28 (3.3)

or 98 (4.3)" after "section 17" , and

(

b) by repealing subsection (2) and substituting the following:

(2) If a judge of the court is not available,

(

a) a director may apply in person, by telephone or by any other

means of telecommunication to a justice of the peace, designated for the purpose by the

chief judge of the court, for an order under

section 17 or a warrant under

section 28

(3.3) or 98 (4.3), and

(

b) the justice may make the order or issue the warrant.

10 Sections 23 (1) and (3) and 24 (1) are amended by striking out "family

conference or mediation" wherever it appears and substituting "family

conference, mediation or other alternative dispute resolution mechanism" .

Section 25 is amended

(

a) in subsection (1) by striking out "when premises are

entered" and substituting "when any premises or vehicle is entered

or when a vessel is boarded" ,

(

b) by repealing subsection (1) (

b) and substituting the following:

(

b) remain on the premises, in the vehicle or on the vessel; ,

and

(

c) in subsection (2) by striking out "premises" and

substituting "premises, vehicle or vessel" .

Section 28 is amended

(

a) in subsection (1) by striking out "section 13 (1) (

a) to

(e)" and substituting "section 13 (1) (

a) to (

e) or (i)" ,

(

b) by adding the following subsection:

(2.1) The director must, if practicable, inform each parent of the

time, date and place of the hearing unless

(

a) the parent has already been served under subsection (2), or

(

b) informing the parent would, in the director's opinion, cause

physical or emotional harm to any person or endanger the child's safety. ,

(

c) in subsection (3) by striking out "section 13 (1) (

a) to

(e)" and substituting "section 13 (1) (

a) to (

e) or (i)" ,

(

d) in subsection (3) (

a) by striking out "from entering any

premises" and substituting "from entering any premises or vehicle

or boarding any vessel" ,

(

e) in subsection (3) (

b) by striking out "or entering any premises

where the child resides, including any premises" and substituting "or

from entering any premises or vehicle, or boarding any vessel, where the child resides,

including any premises, vehicle or vessel" ,

(

f) by adding the following subsections:

(3.1) In a protective intervention order, the court may include an

order authorizing a police officer to arrest, without a warrant, the person against whom

the protective intervention order is made if the police officer has reasonable grounds to

believe that the person has contravened or is contravening the protective intervention

order.

(3.2) An order under subsection (3.1) does not authorize entry

into a dwelling for the purpose of arresting a person.

(3.3) On application by a director, the court may issue a warrant

authorizing a police officer, subject to subsection (3.4) and by force if necessary, to

enter any dwelling specified in the warrant for the purpose of arresting a person against

whom a protective intervention order has been made if there are reasonable grounds to

believe that that person

(

a) has contravened or is contravening the order, and

(

b) is or will be present in the dwelling.

(3.4) A police officer may not enter a dwelling specified in a

warrant under subsection (3.3) unless, immediately before the entry, the police officer

has reasonable grounds to believe that the person to be arrested is present in the

dwelling.

(3.5) The court must include in a warrant issued under subsection

(3.3) any terms the court considers advisable to ensure that entry into the dwelling is

reasonable in the circumstances.

(3.6) A person arrested under an order made under subsection

(3.1) or a warrant issued under subsection (3.3) must

(

a) be taken, as soon as possible and if practicable within 24

hours after the arrest, before a justice to be dealt with according to law, or

(

b) be released under

section 38 (3) of the Offence Act, as

though the person had been arrested under a warrant issued under that Act and the warrant

had been endorsed under

section 38 (2) of that Act. , and

(

g) in subsection (4) by striking out "any person named in the

order" and substituting "the person against whom the order was

made" and by adding the following paragraph:

(a.1) include an order under subsection (3.1); .

Section 32 (1) is amended

(

a) in paragraph (

a) by striking out "or 48" ,

(

b) in paragraph (

b) by adding "or" after "the

child," ,

(

c) in paragraph (

c) by striking out everything after "section 35

(2) (c)," , and

(

d) by repealing paragraph (d).

Section 36 is amended

(

a) in subsection (1) by striking out "or 35 (2) (b)" and

substituting ", 35 (2) (

b) or subsection (3) of this section" ,

(

b) in subsection (2) (

b) by adding "and (2)" after "section

34 (1)" ,

(

c) by repealing subsection (2) (c), and

(

d) by adding the following subsections:

(2.1) The director must, if practicable, inform the following of

the time, date and place of the presentation hearing relating to the child's removal under

subsection (1):

(

a) the child, if 12 years of age or over;

(

b) each parent;

(

c) any person made a party under

section 39 (4);

(

d) the Public Trustee, if the parent apparently entitled to

custody is under 19 years of age;

(

e) the applicable aboriginal organization prescribed in the

regulations for the purpose of this section, if the child is an aboriginal child.

(2.2) The director need not inform a person under subsection

(2.1) if that would, in the director's opinion, cause physical or emotional harm to any person

or endanger the child's safety.

Section 39 is amended

(

a) in subsection (2) (

a) by striking out "section 42.1, 42.2, 44,

46, 55, 57, 58 or 97" and substituting "section 42.2, 44, 46, 55,

57 or 58" , and

(

b) in subsection (3) (

a) by striking out "section 42.1, 42.2, 44,

46, 49, 55, 57, 58 or 97" and substituting "section 42.2, 44, 46,

55, 57 or 58" .

Section 41 (2.1) is repealed and the following substituted:

(2.1) If an order was made under

section 33.2 (2), the child has

not been removed since that order was made and the court finds that the child needs

protection, the court must order that the director supervise the child's care for a

specified period of up to 6 months.

Section 42 (1) is amended

(

a) by striking out "42.2 (4) (

b) or (c), 46 (3) or 49 (8),"

and substituting "42.2 (4) (

a) or (c), 46 (3) or 49 (8) or an interim order

made under

section 42.1," , and

(

b) in paragraphs (

a) and (

b) by striking out "the supervision

order" and substituting "the supervision order or interim

order" .

Section 42.1 is amended

(

a) in subsection (3) (

a) by striking out "was caring for the

child" and substituting "had custody of the child" ,

(

b) in subsection (3) (

c) by striking out "section 34 (b), (

c) and

(d)." and substituting "section 34 (3) (b), (

c) and (d);" ,

(

c) in subsection (3) by adding the following paragraph:

(

d) any person made a party under

section 39 (4). ,

(

d) in subsection (4) by striking out "section 34 (b), (

c) or

(d)" and substituting "section 34 (3) (b), (

c) or (d)" ,

and

(

e) in subsection (7) by striking out "after the removal,"

and substituting "after the conclusion of the presentation hearing," .

Section 42.2 is amended

(

a) in subsections (3) (

a) and (4) (a) (

i) by striking out "was

caring for the child" and substituting "had custody of the

child" , and

(

b) by repealing subsection (6) and substituting the following:

(6) Subsection (5) does not apply to a supervision order made in

respect of a child in the custody of a person other than the parent.

Section 44 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) If the circumstances that caused the child to need protection

are likely to improve within a reasonable time, the director may, before the order

expires, apply to the court for an extension of

(

a) a supervision order other than one made at a continuing

custody hearing, or

(

b) a temporary custody order. ,

(

b) by repealing subsection (3) (

a) and substituting the following:

(

a) extend the term of the supervision order specified in

subsection (1) (a), but not beyond the period permitted under subsection (3.1), or ,

(

c) by adding the following subsection:

(3.1) The total period during which a child is under the

director's supervision must not exceed 12 months, including the periods, if any, during

which the child was under the director's supervision before being removed under

section 42

(1). , and

(

d) by repealing subsection (4) and substituting the following:

(4) The time limit imposed under subsections (3) (

a) and (3.1)

does not apply to a supervision order made in respect of a child in the custody of a

person other than the parent.

Section 49 is amended

(

a) in subsection (2) by adding the following paragraphs:

(d.1) any person who has been made a party under

section 39 (4);

(d.2) any person who has custody of the child under

section 41 (1)

(

b) or 42.2 (4) (c); ,

(

b) in subsection (3) by striking out "subsection (2) (

b) to

(d)" and substituting "subsection (2) (

b) to (d.2)" ,

and

(

c) in subsection (3) (

b) by striking out "42 (2)," .

Section 50 (1) is amended by striking out "under

section 41, 49

(4) or (5) or 60" .

Section 56 (2) (

c) is repealed and the following substituted:

(

c) the parties to the proceeding in which the continuing custody

order was made.

Section 57 (1) to (3) is repealed and the following substituted:

(1) If circumstances have changed significantly since the order

was made, any party may apply to the court for a change to

(

a) a supervision order other than one that is an interim order,

(

b) a temporary custody order, or

(

c) an access order.

(2) At least 10 days before the date set for hearing the

application, notice of the hearing must be served on

(

a) the child, if 12 years of age or over,

(

b) the director,

(

c) the Public Trustee, if the order is a temporary custody order

and the Public Trustee has been appointed guardian of the child's estate under

section 58,

and

(

d) in addition,

(

i) if the application is for an access order and is made before

the protection hearing, the persons mentioned in

section 34 (3) (

b) and (d), and

(ii) if the application is for any order referred to in subsection

(1) of this

section and is made after the protection hearing, the persons who under

section 39 or 49 (3) are entitled to notice.

(3) If the court finds that circumstances have changed

significantly since the order was made, the court, in the child's best interests, may

cancel the order and make no other order or may cancel the order and do one of the

following:

(

a) if the order was made under

section 42.2, 44 or 46, make an

order under

section 41;

(

b) in any other case, make any order provided for at the hearing

where the order was made.

Section 60 is amended

(

a) in subsection (1) by striking out "the presentation

hearing" and substituting "a presentation hearing" and

by adding the following paragraph:

(d.1) any person who has been made a party under

section 39 (4); ,

(

b) in subsection (2) by striking out "under subsection (1) without

a hearing, the completion of a hearing or the giving of evidence, but it must be satisfied

that each person whose consent is required under subsection (1) (

b) to (d)" and

substituting "under this

section without a hearing, the completion of a

hearing or the giving of evidence, but it must be satisfied that each person whose consent

is required, other than those mentioned in subsection (1) (

a) and (e)" ,

(

c) by repealing subsection (3) (b), and

(

d) in subsection (3) (

c) by striking out "with the consent of a

person mentioned in subsection (1) (e)," and substituting "with

the consent of any person other than the child," .

Section 61 (1) is amended by striking out "or for a continuing

custody order" and substituting ", for a continuing custody order

or for a supervision order under

section 46" .

Section 62 (1) is amended by adding "care or" before "custody" .

Section 72 is repealed.

Section 77 (2) is amended by striking out "or" at the

end of paragraph (b), by adding "or" at the end of paragraph (

c) and by adding the following paragraph:

(

d) the information is subject to solicitor-client privilege, .

Section 79 is amended

(

a) by adding the following paragraph:

(a.1) necessary to ensure the safety of a person, other than a

child, , and

(

b) in paragraph (

e) by striking out "or for mediation under

section

22," and substituting ", mediation under

section 22 or other

alternative dispute resolution mechanism," .

Section 89 (5) is repealed and the following substituted:

(5) Sections 44 to 49, 54 to 57, 58 (1), (2), (3)

(d), (4) and (5) and 59 of the Freedom of Information and Protection of Privacy Act

apply in respect of a review requested under this section, except that a reference to a

public body or to the head of a public body is to be read as a reference to a director.

Section 93 (1) (

c) is repealed.

Section 97 is amended

(

a) in subsection (1) by striking out "and" at the end of

paragraph (a), by striking out "temporary custody order." in

paragraph (

b) and substituting "temporary custody order, and" and

by adding the following paragraph:

(

c) a youth who has made an agreement with a director under

section 12.2. ,

(

b) in subsection (2) by adding "or a youth referred to in

subsection (1) (c)" after "child in care" ,

(

c) in subsection (5) by striking out "a child." and

substituting "a child or youth." ,

(

d) in subsection (6) by striking out "the persons who under

section

39 are entitled to notice." and substituting "the parent against

whom the order is sought." , and

(

e) in subsection (7) (

b) and (

c) by striking out "the child"

and substituting "the child or youth" .

Section 98 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) On application, the court may make a restraining order if

there are reasonable grounds to believe that a person

(

a) has encouraged or helped, or is likely to encourage or help,

any of the following to engage in prostitution:

(

i) a child in care;

(ii) a child in the custody of a person under a temporary custody

order;

(iii) a youth who has made an agreement with the director under

section 12.2,

(

b) has inveigled or coerced, or is likely to inveigle or coerce,

a child or youth mentioned in paragraph (

a) into engaging in prostitution, or

(

c) has otherwise exploited, abused or intimidated, or is likely

to otherwise exploit, abuse or intimidate, a child or youth mentioned in paragraph (a).

(2) In a restraining order under subsection (1), the court may do

one or more of the following:

(

a) prohibit the person for a period of up to 6 months from

contacting or interfering with or trying to contact or interfere with the child or youth

or from entering any premises or vehicle or boarding any vessel that the child or youth

attends;

(

b) prohibit the person for a period of up to 6 months from

residing with the child or youth or from entering any premises or vehicle, or boarding any

vessel, where the child or youth resides, including any premises, vehicle or vessel that

the person owns or has a right to occupy;

(

c) if the court thinks that the person may not comply with an

order under paragraph (

a) or (b), order that person to

(

i) enter into a recognizance, with or without sureties, in an

amount the court thinks necessary and reasonable,

(ii) report to the court, or to a person named by the court, for

the period of time and at the times and places the court thinks necessary and reasonable,

(iii) produce to the court, or to a person named by the court, any

documents the court thinks fit. ,

(

b) in subsection (3) by striking out "The court" and

substituting "On application, the court" ,

(

c) in subsection (3) by striking out "or" at the end of

paragraph (

a) and by adding the following paragraphs:

(

c) a director or any person to whom the director has delegated

under

section 92 any or all of the director's powers, duties or functions, or

(

d) a person providing residential, educational or other support

services to the child or youth. ,

(

d) by repealing subsection (4) and substituting the following:

(4) In a restraining order under subsection (3), the court may

(

a) prohibit for a period of up to 6 months the person against

whom the order is made from contacting or interfering with, or trying to contact or

interfere with, the person in whose favour the order is made, and

(

b) if the court thinks that the person against whom the order is

made may not comply with an order under paragraph (a), order that person to do anything

referred to in subsection (2) (c). ,

(

e) by adding the following subsections:

(4.1) In a restraining order, the court may include an order

authorizing a police officer to arrest, without a warrant, the person against whom the

restraining order is made if the police officer has reasonable grounds to believe that the

person has contravened or is contravening the restraining order.

(4.2) An order under subsection (4.1) does not authorize entry

into a dwelling for the purpose of arresting a person.

(4.3) On application by a director, the court may issue a warrant

authorizing a police officer, subject to subsection (4.4) and by force if necessary, to

enter any dwelling specified in the warrant, for the purpose of arresting a person against

whom a restraining order has been made if there are reasonable grounds to believe that

that person

(

a) has contravened or is contravening the order, and

(

b) is or will be present in the dwelling.

(4.4) A police officer may not enter a dwelling specified in a

warrant under subsection (4.3) unless, immediately before the entry, the police officer

has reasonable grounds to believe that the person to be arrested is present in the

dwelling.

(4.5) The court must include in a warrant issued under subsection

(4.3) any terms the court considers advisable to ensure that entry into the dwelling is

reasonable in the circumstances.

(4.6) A person arrested under an order made under subsection

(4.1) or a warrant issued under subsection (4.3) must

(

a) be taken, as soon as possible and if practicable within 24

hours after the arrest, before a justice to be dealt with according to law, or

(

b) be released under

section 38 (3) of the Offence

Act , as though the person had been arrested under a warrant issued under

that Act and the warrant had been endorsed under

section 38 (2) of that Act.

(

f) by adding the following subsection:

(6.1) Before a restraining order expires, the person who applied

for the order, the person against whom the order was made or a director may apply to the

court and the court may do one or more of the following:

(

a) change the order;

(

b) include an order under subsection (4.1);

(

c) cancel the order;

(

d) shorten the term of the order;

(

e) extend the term of the order. , and

(

g) by adding the following subsection:

(8) In this section, "court" means the Supreme

Court or the Provincial Court.

Section 102 is amended

(

a) by adding the following subsection:

(1.1) A person who fails to comply with the conditions set out in

a promise to appear given by the person on their release under

section 28 (3.6) (

b) or 98

(4.6) (

b) commits an offence. , and

(

b) by repealing subsection (2) and substituting the following:

(2) A person who commits an offence under subsection (1) (

a) or

(

e) is liable to a fine of not more than $25 000 or to imprisonment for not more than 24

months or to both.

(2.1) A person who commits an offence under subsection (1) (b),

(c), (

d) or (

f) or (1.1) is liable to a fine of not more than $10 000 or to imprisonment

for not more than 6 months or to both.

Section 103 (2) is amended

(

a) in paragraph (

c) by striking out "agreements with youth;"

and substituting " agreements under sections 12.2 and 12.3;" , and

(

b) by repealing paragraph (

e) and substituting the following:

(

e) respecting the content and preparation of plans of care and

plans for independence; .

37 Sections 9 and 10 as consolidated in

section 1 of the Supplement to the Child,

Family and Community Service Act are repealed.

Consequential Amendments

Section 36 (2.1) of the Child, Family and Community Service Act, as

enacted by the Child, Family and Community Service Amendment Act, 1999, is amended

(

a) in paragraph (

e) by striking out "aboriginal child."

and substituting "aboriginal child, other than a Nis g a'a child;" ,

and

(

b) by adding the following paragraph:

(

f) the Nis g a'a Lisims Government, if the child is a Nis g a'a

child.

Section 42.1 of the Child, Family and Community Service Act, as amended by the

Child, Family and Community Service Amendment Act, 1999, is amended

(

a) in subsection (3) (

c) by striking out "section 34 (3) (b), (

c) and (d);" and substituting "section 34 (3) (b), (c), (

d) and

(e);" , and

(

b) in subsection (4) by striking out "section 34 (3) (b), (

c) or

(d)" and substituting "section 34 (3) (b), (c), (

d) or (e)" .

Section 57 (2) (

d) of the Child, Family and Community Service Act, as

enacted by the Child, Family and Community Service Amendment Act, 1999, is amended by

striking out "section 34 (3) (

b) and (d)" and substituting "section

34 (3) (b), (

d) and (e)" .

Nis g a'a Final Agreement Act

Section 22 of the Nis g a'a Final Agreement Act, S.B.C. 1999, c. 2, is

repealed.

Commencement

42 This Act comes into force by regulation of the

Lieutenant Governor in Council

Explanatory Notes

SECTION 1: [Child, Family and Community Service Act, amends

section 1]

(

a) corrects

section references;

(

b) adds a definition of "dwelling" needed for the

proposed amendments relating to protective intervention orders and restraining orders and

adds a definition of "plan for independence" needed for the proposed amendments

relating to agreements with youth;

(

c) re-defines "plan of care" in order to distinguish

this type of plan from a plan for independence;

(

d) and (

e) remove references that will be redundant if the

proposed subsection (2) is added to the definition section;

(

f) adds a new

interpretation provision to ensure that a reference

to an order made under any

section of the Act includes a reference to the corresponding

order made by consent.

SECTION 2: [Child, Family and Community Service Act, repeals and replaces the

heading to

Part 2] is consequential to the addition of the proposed

Part 2.1.

SECTION 3: [Child, Family and Community Service Act, amends

section 11 (2)] is

consequential to the proposed repeal of

section 9 of the Act as consolidated in the

Supplement to the Child, Family and Community Service Act .

SECTION 4: [Child, Family and Community Service Act, enacts

Part

2.1] provides the legislative framework for a continuum of services to support and

assist youth and to help them make the transition to independence as young adults. The

proposed

Part 2.1 replaces the existing sections 9, 10 and 93 (1) (

c) of the Act.

SECTION 5: [Child, Family and Community Service Act, adds

section 13 (1.1)] clarifies

that sexual abuse and sexual exploitation include, among other things, encouraging,

assisting, coercing or inveigling a child to engage in prostitution.

SECTION 6: [Child, Family and Community Service Act, amends

section 14 (1) (b)]

adjusts a

section reference to clarify that there is a duty to report neglect by the

child's parent.

SECTION 7: [Child, Family and Community Service Act, amends

section 16 (5) (a)] means

that the director is not obliged to report the results of an investigation into a child's

need for protection if this would cause physical or emotional harm to any person.

SECTION 8: [Child, Family and Community Service Act, amends

section 17]

clarifies that, without being identified by name, police officers can be given entry

powers by court order if the director is denied access to a child and that the entry

powers can extend to a vehicle or vessel as well as to premises.

SECTION 9: [Child, Family and Community Service Act, amends

section 19] expands

the provision allowing applications to court to be made by telephone. This

amendment is consequential to the proposed changes to sections 28 and 98 of

the Act.

SECTION 10: [Child, Family and Community Service Act, amends sections 23 (1) and

(3) and 24 (1)] makes changes needed for consistency. The change to

section 23 (1)

and (3) will allow the court to adjourn a hearing for up to 3 months to allow other

alternative dispute resolution processes to proceed. The change to

section 24 (1) ensures

that the confidentiality provisions, which currently apply only to family conferences and

mediation, extend to other alternative dispute resolution processes.

SECTION 11: [Child, Family and Community Service Act, amends

section 25]

makes changes needed for consistency with the proposed changes to sections 17, 28 and 98

of the Act.

SECTION 12: [Child, Family and Community Service Act, amends

section 28]

(

a) extends the range of circumstances in which

protective intervention orders may be sought. This is to make them available for the

purpose of preventing a person from contacting a child if the contact would cause the

child to be absent from home in circumstances that might endanger the child's welfare;

(

b) provides that both parents must be informed about the

application for a protective intervention order and specifies the necessary exceptions to

this general rule;

(

c) extends the range of circumstances in which protective

intervention orders may be made. The object is to enable the court to prohibit a person

from contacting a child if the contact would cause the child to be absent from home in

circumstances that might endanger the child's welfare;

(

d) clarifies that, in a protective intervention order, the court

can prohibit a person from entering a vehicle or boarding a vessel, as well as from

entering premises;

(

e) clarifies that a protective intervention order can prohibit a

person from entering vehicles or boarding vehicles in which the child resides;

(

f) provides for the arrest of persons who have contravened or are

contravening a protective intervention order, for the issue of warrants to enter dwellings

for the purposes of arresting such persons and for the steps to be taken after the arrest;

(

g) clarifies that, apart from the director, the only other person

who may apply to the court for a variation of a protective intervention order is the

person against whom the order was made. Also, the proposed paragraph (a.1) permits the

court to vary a protective intervention order by adding a power of arrest.

SECTION 13: [Child, Family and Community Service Act, amends

section 32 (1)]

removes unnecessary

section references and repeals a redundant paragraph.

SECTION 14: [Child, Family and Community Service Act, amends

section 36]

(

a) and (

b) add necessary

section references;

(

c) and (

d) repeal and replace a provision in order to clarify who

is to be informed about a presentation hearing relating to a child who is removed from

home because a supervision order, made before the protection hearing, no longer protects

the child.

SECTION 15: [Child, Family and Community Service Act, amends

section 39] adjusts

section references.

SECTION 16: [Child, Family and Community Service Act, repeals and replaces

section 41 (2.1)] clarifies that at a protection hearing, the court must follow

the requirement of

section 41 (2.1) of the Act to make a supervision order only if the

child has not been removed from home following a successful application under

section 29.1

of the Act for an interim supervision order.

SECTION 17: [Child, Family and Community Service Act, amends

section 42 (1)]

adjusts

section references and makes other consequential changes.

SECTION 18: [Child, Family and Community Service Act, amends

section 42.1]

(

a) clarifies that the person who, at the time of the removal, had

custody of a child subject to a supervision order should be informed of a presentation

hearing relating to the child's removal from the home;

(

b) corrects a

section reference;

(

c) clarifies that, if practicable, a person made a party under

section 39 (4) of the Act must also be informed of the presentation hearing;

(

d) corrects a

section reference;

(

e) provides that the date set for an enforcement hearing must be

within 45 days after the conclusion of the presentation hearing, instead of within 45 days

after the child's removal from the home.

SECTION 19: [Child, Family and Community Service Act, amends

section 42.2]

(

a) clarifies that the person who, at the time of the removal, had

custody of a child being supervised by the director under a supervision order made at a

presentation hearing should be informed of a subsequent hearing relating to the child's

removal from the home;

(

b) clarifies that the limit on the total period of supervision

does not apply to a child who, while in the custody of a person other than the parent, is

being supervised by the director.

SECTION 20: [Child, Family and Community Service Act, amends

section 44]

(

a) clarifies that supervision orders made at continuing custody

hearings may not be extended;

(

b) is consequential to the proposed clarification of supervision

time limits;

(

c) clarifies that the total period the child is under the

director's supervision cannot exceed 12 months;

(

d) clarifies that the limit on the total period of supervision

does not apply to a child who, while in the custody of a person other than the parent, is

being supervised by the director.

SECTION 21: [Child, Family and Community Service Act, amends

section 49]

(

a) expands the list of persons who are entitled to receive notice

of a continuing custody hearing;

(

b) is consequential to the proposed expansion to the notice

provisions;

(

c) deletes an unnecessary

section reference.

SECTION 22: [Child, Family and Community Service Act, amends

section 50 (1)]

deletes unnecessary

section references.

SECTION 23: [Child, Family and Community Service Act, repeals and replaces

section 56 (2) (c)] ensures that a party to a proceeding in which a continuing

custody order was made receives notice of an application for access to the child.

SECTION 24: [Child, Family and Community Service Act, repeals and replaces

section 57 (1) to (3)]

clarifies that interim supervision orders cannot be varied;

expands the list of persons who are entitled to receive notice of an application

for a variation of an access order;

broadens the range of orders the court may make in response to an application

for variation of an order.

SECTION 25: [Child, Family and Community Service Act, amends

section 60]

(

a) makes a minor wording change consequential to previous

amendments to the Act and adds a new paragraph to ensure that anyone who has been given

party status is entitled to consent to a court order made at any time after a presentation

hearing;

(

b) clarifies that hearings are not required for consent orders

under

section 60 (6) of the Act and adds a reference to the proposed new paragraph;

(

c) repeals a paragraph that requires the court to be satisfied

that the person consenting to the order understands the nature and consequences of the

consent;

(

d) allows the court to dispense with the consent of anyone except

the child.

SECTION 26: [Child, Family and Community Service Act, amends

section 61 (1)]

ensures that a temporary custody order continues in force during an adjournment of an

application for a supervision order.

SECTION 27: [Child, Family and Community Service Act, amends

section 62 (1)]

allows for the suspension for 10 days of a court order relating to a child who has been

removed from home and is in the director's care. The suspension will allow the director to

retain care of the child pending an appeal of a court order giving custody of the child to

someone other than the director.

SECTION 28: [Child, Family and Community Service Act, repeals

section 72]

repeals a provision authorizing a director to make agreements with young people. The

content of the

section is being relocated in the proposed

Part 2.1.

SECTION 29: [Child, Family and Community Service Act, adds

section 77 (2) (d)]

clarifies that the right of access to personal information does not apply to information

that is subject to solicitor-client privilege.

SECTION 30: [Child, Family and Community Service Act, amends

section 79]

(

a) expands the list of circumstances in which the director may

disclose personal information without consent. At present such disclosures can be made to

protect a child's safety but not the safety of other people;

(

b) clarifies that the director can disclose personal information

without consent if the disclosure is necessary for an alternate dispute resolution

mechanism. At present such disclosures can be made if they are necessary for a family

conference or mediation.

SECTION 31: [Child, Family and Community Service Act, repeals and replaces

section 89 (5)] makes the provision relating to reviews by the Information

and Privacy Commissioner more consistent with the Freedom of Information and Protection

of Privacy Act .

SECTION 32: [Child, Family and Community Service Act, repeals

section 93 (1) (c)] repeals a provision authorizing the director to establish support services for

youth. The provision is being relocated in the proposed

Part 2.1.

SECTION 33: [Child, Family and Community Service Act, amends

section 97]

(

a) clarifies that the parent remains responsible to contribute to

the maintenance of a youth who has made an agreement under the proposed

Part 2.1 with the

director;

(

b) allows the director to make a written agreement about

maintenance contributions by the parent when a youth agreement has been made under the

proposed

Part 2.1;

(

c) allows the court to make a maintenance order against the

parent of a youth who has made an agreement under the proposed

Part 2.1 with the director;

(

d) provides that only the parent against whom the maintenance

order is sought is entitled to notice of the hearing of an application for a maintenance

order;

(

e) is consequential to the proposed amendments to

section 97 (1)

and (5).

SECTION 34: [Child, Family and Community Service Act, amends

section 98]

(

a) expands the range of circumstances in which the court can

issue a restraining order in favour of a child in care, a child who is in the temporary

custody of the director or a youth who has made an agreement under the proposed

Part 2.1.

The range of terms that the court may include in a restraining order is also expanded.

These changes will make remedies available under this Act for the protection of young

people at risk of being exploited in the sex trade;

(

b) is consequential to the proposed amendments to

section 98 (1);

(

c) expands the list of persons in whose favour a restraining

order may be made if there are reasonable grounds to believe that a person is likely to

molest, annoy or harass them;

(

d) expands the range of terms the court may include in a

restraining order in favour of a caregiver, a person who has custody of the child under a

temporary custody order or a person being added to the list by

section 34 (

b) of this

Bill;

(

e) provides for the arrest of persons who have contravened or are

contravening restraining order, for the issue of warrants to enter dwellings for the

purposes of arresting persons who have contravened restraining orders made in favour of a

child or youth and for the steps to be taken after an arrest;

(

f) allows the court to vary a restraining order;

(

g) adds a definition needed for consistency with

section 28.

SECTION 35: [Child, Family and Community Service Act, amends

section 102]

(

a) creates a new offence of failing to comply with the conditions

set out in a promise to appear given by a person arrested for contravening a protective

intervention order or a restraining order and then released;

(

b) increases the maximum penalty for contravention of a

protective intervention order or a restraining order to a $25 000 fine or 24 months

imprisonment or both.

SECTION 36: [Child, Family and Community Service Act, amends

section 103 (2)]

(

a) authorizes the Lieutenant Governor in Council to make

regulations relating to agreements with youth and young adults;

(

b) authorizes the Lieutenant Governor in Council to make

regulations relating to plans of care and plans for independence.

SECTION 37: [Supplement to the Child, Family and Community Service Act, repeals

sections 9 and 10] repeals provisions that have not been brought into force. These

provisions that are being re-enacted by

section 4 of this Bill as sections 12.2 and 12.3

of the Act.

SECTION 38: [Child, Family and Community Service Act, amends

section 36 (2.1), as

enacted by this Bill] amends a provision that is being enacted by this Bill so

that, when the Nis g a'a Final Agreement Act comes into force, the provision

will accord with that Act.

SECTION 39: [Child, Family and Community Service Act, amends

section 42.1, as

amended by this Bill] adjusts the

section references in a provision that is being

amended by this Bill so that, when the Nis g a'a Final Agreement Act comes

into force, the provision will accord with the amendments made by that Act.

SECTION 40: [Child, Family and Community Service Act, amends

section

57 (2) (d), as enacted by this Bill] adjusts the

section references in a provision

that is being enacted by this Bill so that, when the Nis g a'a Final Agreement Act

comes into force, the references will accord with the amendments made by that Act.

SECTION 41: [Nis g a'a Final Agreement Act, repeals

section 22] repeals

a provision that adjusts the

section references in

section 42.1 of the

Child, Family and Community Service Act and that will be overtaken by the

amendments in

section 39 of this Bill.

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