Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 6

AN ACT TO AMEND THE

CHILD, YOUTH

AND FAMILY SERVICES ACT

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE ROGER GRIMES

Minister of Health and Community Services

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 2 of the

Child, Youth and Family Services Act

by adding subsection 2(3) to clarify that judges of both the Unified

Family Court and the Provincial Court may issue warrants for the

removal of a child within the judicial area in the Unified Family

Court Act .

Clause 2 of the Bill would amend

section 11 of the

Act to consistently refer to "care or custody of a director" and to

allow the effect of a youth agreement to be explained by persons

other than the director or a social worker.

Clause 3 of the Bill would amend subsection 23(3)

of the Act to refer to premises.

Clauses 4 and 5 of the Bill would amend sections

26 and 32 of the Act to clarify the need to serve documents in

accordance with

section 55 of the Act.

Clause 6 of the Bill would repeal and substitute

section 36 of the Act to clarify that a maximum of 3 orders can be

made in a child's life, of the appropriate duration given the

child's age at the time each order is made, and to provide that only

in exceptional circumstances may a fourth order be made.

Clauses 7 and 8 of the Bill would amend sections

39 and 40 of the Act to remove the references to extending orders.

Clauses 9 and 10 of the Bill would repeal and

substitute

section 41 and would amend

section 42 of the Act to

provide that either the director or a social worker may consent to

medical treatment under a temporary or continuous order.

Clause 11 of the Bill would amend

section 48 of

the Act to provide for service of a notice and to permit a social

worker to apply for leave to withdraw an application by means of

telecommunication.

Clause 12 of the Bill would amend

section 49 of

the Act to also permit social workers to make applications under

that section.

Clause 13 of the Bill would amend

section 50 of

the Act to allow judges to admit evidence taken and declarations

made at prior hearings under the Act.

Clause 14 of the Bill would repeal and substitute

section 53 of the Act to specify how a child's views may be heard.

Clause 15 of the Bill would repeal and substitute

section 55 of the Act to provide for alternative means of service.

Clause 16 of the Bill would repeal and substitute

section 64 of the Act to clarify what information is to be released

when a child or youth is in care.

Clause 17 of the Bill would repeal and substitute

section 74 of the Act to provide that it is an offence to fail to

comply with orders made under sections 20 and 21 of the Act.

Clause 18 of the Bill would amend

section 79 of

the Act to allow for the transition of matters dealt with previously

under the Child Welfare Act .

A BILL

AN ACT TO AMEND THE CHILD, YOUTH AND FAMILY

SERVICES ACT

Analysis

1. S.2 Amdt.

Interpretation

2. S.11 Amdt.

Youth care agreement

3. S.23 Amdt.

Removal of child

4. S.26 Amdt.

Notice of removal of child

5. S.32 Amdt.

Medical treatment

6. S.36 R&S

Time limits for temporary orders

7. S.39 Amdt.

Subsequent order

8. S.40 R&S

Bridging provision

9. S.41 R&S

Effect of temporary order

10. S.42 Amdt.

Effect of continuous order

11. S.48 Amdt.

Child returned after 72 hours

12. S.49 Amdt.

Child returned after protective intervention hearing

13. S.50 Amdt.

Hearings and evidence

14. S.53 R&S

Participation by child

15. S.55 R&S

Service of documents

16. S.64 R&S

Information re child's care

17. S.74 R&S

Liability for an offence

18. S.79 Amdt.

Transitional provisions

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

SN1998 cC-12.1

as amended

Section 2 of the Child, Youth and Family

Services Act is amended by adding immediately after subsection

2(2) the following:

(3) Notwithstanding the Unified Family Court

Act , for the purpose of sections 23 and 25 in the judicial area

as defined in the Unified Family Court Act , "judge" means a

judge of the Unified Family Court or a Provincial Court judge.

2. (1) Subsection 11(3) of the Act is repealed and the

following substituted:

(3) An agreement under this

section may be made,

even if the youth is not or has not been in the care or custody of a

director, but shall not continue beyond the youth's eighteenth

birthday unless the young person has been in the care or custody of

the director before his or her sixteenth birthday, in which case the

agreement may be extended until his or her twenty-first birthday or

school leaving, whichever event occurs first.

(2) Subsection 11(5) of the Act is repealed and the following substituted:

(5) Before the agreement is signed, the director

or social worker shall ensure that the effect of the agreement is

explained to the youth.

3. Subsection 23(3) of the Act is amended by striking

out the word "premise" and substituting the word "premises".

4. (1) Subsection 26(1) of the Act is repealed and the

following substituted:

Notice of removal of child

(1) Where a child is removed, with or without

a warrant, from the care of a parent or other person, a director or

social worker shall serve written notice of the removal on the

parent and the child, where the child is 12 years of age or over,

within 24 hours of the removal stating the reason why the child was

removed.

(2) Subsections 26(3) and (4) of the Act are repealed.

5. Subsection 32(2) of the Act is repealed and the

following substituted:

(2) A parent of a child, and the child, where he

or she is 12 years of age or over, shall be served with notice of

the time and place of a hearing under this

section which shall be

held within one day after filing the application.

Section 36 of the Act is repealed and the following

substituted:

Time limits for temporary orders

(1) Where a judge grants a temporary order

under paragraph 34(2)(

b) or (c), the term of the order shall not

exceed

(a) 3 months, if the child who is the

subject of the order is under 5 years of age when the order

is made;

(b) 4 months, if the child who is the

subject of the order is 5 years of age or over but under 12

years of age when the order is made; and

(c) 6 months, if the child who is the

subject of the order is 12 years of age or over when the

order is made,

with a maximum of 3 orders in total during the

child's life.

(2) Notwithstanding subsection (1), a fourth

order may be granted if

(

a) there are exceptional circumstances

that in the opinion of the judge warrant exceeding the

lifetime maximum of 3 orders; and

(

b) the parent may reasonably be expected

to resume the custody of the child within a reasonable

period,

but a fourth order shall not exceed,

(c) 3 months if the child is under 5

years of age;

(d) 4 months if the child is 5 years of

age or over but under 12 years of age; or

(e) 6 months if the child is 12 years of

age or over,

when the fourth order is made.

7. (1) Subsection 39(1) of the Act is repealed and the

following substituted:

Subsequent order

(1) Before a supervision order or temporary

order expires, a director or social worker may file an application

with a judge for another order under paragraph 34(2)(a), (b), (

c) or

(d).

(2) Subsection 39(3) of the Act is amended by striking out the word "given"

and substituting the word "served".

Section 40 of the Act is repealed and the following

substituted:

Bridging provision

40. Where a child is in the custody of a director

or another person under a temporary order and an application for

another order is filed but not heard before the expiration of the

temporary order, the child shall remain in the custody of the

director or other person to whom custody was granted under the

temporary order until the application is heard and decided.

Section 41 of the Act is repealed and the following

substituted:

Effect of temporary order

(1) Where a director has been granted a

temporary order under

section 34, the director has custody of the

child for the specified period and the director or a social worker

has the right to make all decisions regarding the child during the

specified period.

(2) A director or social worker shall not consent

to medical treatment, other than to necessary medical treatment

unless a parent consents or the director is granted an order under

section 32.

(3) A director referred to in subsection

(1) shall not consent to an adoption under the Adoption of Children

Act without the consent of the parent from whom the child was

removed.

10. Subsection 42(1) of the Act is repealed and the

following substituted:

Effect of continuous order

(1) When an order for continuous custody is

made under paragraph 34(2)(d), the director named in the order

becomes the sole custodian of the child and the director may consent

to the child's adoption in accordance with the Adoption of

Children Act .

(1.1) The director or social worker may consent

to the provision of medical treatment to the child.

11. (1) Paragraph 48(1)(

b) of the Act is amended by

striking out the word "provide" and substituting the word "serve".

(2) Section 48 of the Act is amended by adding

immediately after subsection (2) the following:

(3) Where leave of a judge is sought under this

section, the matter may be heard by telephone, teleconference or

other means of telecommunication.

12. Subsection 49(1) of the Act is amended by adding

immediately after the word "director" the words "or social worker".

13. Subsection 50(2) of the Act is amended by striking

out the word "and" at the end of paragraph (b), striking out the

period at the end of paragraph (

c) and substituting a semicolon and

the word "and" and by adding immediately after that paragraph the

following:

(

d) evidence taken and a declaration made

at a prior hearing under this Act and under a similar

statute.

Section 53 of the Act is repealed and the

following substituted:

Participation by child

53. Where a child who is the subject of a hearing

under this Act requests that his or her views be known at the

hearing, a judge shall

(

a) meet with the child with or without

the other parties and their counsel;

(

b) permit the child to testify at the

hearing;

(

c) consider any written material

submitted by the child; or

(

d) allow the child to express his or her

views in some other way.

Section 55 of the Act is repealed and the

following substituted:

Service of documents

(1) Where a director, social worker or another

person is required under this Act to serve a document on a person,

service shall be made by giving a copy of the original document to

the person to be served.

(2) Where it is impractical for any reason to

personally serve a document on a person, the document may be served

in another manner permitted by the rules of the Unified Family Court

or Provincial Court.

(3) Personal service under subsection (1) may be

proved by a written or oral statement under oath by the person who

served the document.

Section 64 of the Act is repealed and the

following substituted:

Information re child's care

(1) A director or social worker shall provide

information relevant to the care of a child or a youth to a person

providing care to or entrusted with the care of the child or youth.

(2) A director or social worker shall provide

relevant information concerning the caregiver of a child or youth to

the child or youth and the parent of the child or youth, but may

withhold information where, in the opinion of the director or social

worker, doing so is in the best interests of the child or youth.

Section 74 of the Act is repealed and the

following substituted:

Liability for an offence

74. Unless specifically stated otherwise, a person

who

(

a) fails to comply with or otherwise

contravenes a provision of this Act or the regulations for

which a penalty has not been specifically provided; or

(

b) fails to comply with an order made

under sections 20 and 21 of this Act,

is guilty of an offence and liable on

summary

conviction to a fine not exceeding $5,000 or to a term of

imprisonment not exceeding 3 months or to both a fine and

imprisonment.

Section 79 of the Act is amended by adding after

subsection (2) the following:

(3) Where a child was in the care or custody of

the Director of Child Welfare under an order made under the Child

Welfare Act, the director employed by the board having

responsibility for the area in which the child resides shall on the

coming into force of this Act have care or custody of that child.

(4) An order made and a proceeding commenced

under the Child Welfare Act shall, on the coming into force

of this Act, be considered to be an order made and a proceeding

commenced under this Act.

Earl G. Tucker, Queen's Printer