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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PENNY PRIDDY

MINISTER FOR CHILDREN

AND FAMILIES

BILL 24 – 1997

CHILD, FAMILY AND COMMUNITY SERVICE

AMENDMENT ACT, 1997

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 by repealing the

definitions of "interim order" , "presentation hearing" ,

"remove" , "supervision order" and "temporary custody order" and substituting the

following:

"interim order" means an order made under

section 33.2 (2), 35 (2) (

a) or (b),

36 (3) (

a) or (

b) or 42.1 (6);

"presentation hearing" means a hearing that a director is required by

section 33.1 (1), 34 (1), 36 (2) (

b) or 42.1 (1) to attend;

"remove" means to take a child into the care of a director under

section 30, 36 or 42;

"supervision order" means an order made under

section 33.2 (2), 35 (2) (b),

36 (3) (b) (i), 41 (1) (

a) or (b), (1.1) or (2.1), 42.2 (4) (

a) or (c), 46 (3), 49 (8) or

60 requiring a director to supervise a child's care, and includes any extension of

or change to that order;

"temporary custody order" means an order made under

section 41 (1) (

b) or (c),

42.2 (4) (

b) or (c), 49 (7) (

b) or 60 placing a child for a specified period in the

custody of a director or another person, and includes any extension of or change

to that order; .

Section 3 (

d) is repealed and the following substituted:

(

d) services should be integrated, wherever possible and appropriate, with

services provided by other ministries and community agencies;

(

e) the community should be involved, wherever possible and appropriate, in

the planning and delivery of services, including preventive and support

services to families and children.

Section 16 (3) is amended by striking out "and" at the end of paragraph (a), by adding

", and" at the end of paragraph (

b) and by adding the following paragraph:

(

c) any other person or community agency if the director determines this is

necessary to ensure the child's safety or well-being.

4 The following

section is added:

If a supervision order is needed

29.1

(1) A director may apply to the court for an order that the director supervise a child's

care if the director has reasonable grounds to believe that

(

a) the child needs protection, and

(

b) a supervision order would be adequate to protect the child.

(2) Notice of the time, date and place of the presentation hearing relating to an

application under this

section must be served in accordance with

section 33.1 (1),

(2) and (3).

Section 30 (4) is repealed and the following substituted:

(4) The director's authority or duty under this Act to remove a child applies whether

or not

(

a) a family conference, mediation or other alternative dispute resolution

mechanism is scheduled or in progress,

(

b) a date is set for hearing an application under

section 29.1, or

(

c) any other steps have been taken under this Act

with respect to the child.

Section 32 (1) is repealed and the following substituted:

(1) If a child is removed under

section 30, 36 or 42, a director has care of the child

until

(

a) the child is returned by the director under

section 33 (1) or (1.1) or 48,

(

b) the court makes an interim order about the child,

(

c) the child is returned by the court under

section 35 (2) (c), 36 (3) (a) (

i) or

(b) (

i) or 42.1 (6) (b) (i), or

(

d) the court makes a custody or supervision order under

section 60 (1),

whichever happens first.

Section 33 is amended

(

a) in subsection (1) by striking out "Before the presentation hearing, a director may

return a child" and substituting "Before a presentation hearing relating to the removal

of a child under

section 30, the director may return the child" , and

(

b) by adding the following subsections:

(1.1) Before a presentation hearing relating to the removal of a child under

section 36

or 42, the director may return the child to the parent or other person who, at the

time of the removal, was caring for the child under the director's supervision, if

(

a) the director is satisfied that circumstances have changed so that the order in

force at the time of the removal is adequate to protect the child, or

(

b) the director is, as a result of new information received after the removal,

satisfied that the order in force at the time of the removal is adequate to

protect the child.

(4) If a director returns a child under subsection (1.1) and withdraws from a hearing

referred to in that subsection, the order that was in force when the child was

removed continues to apply.

8 The following sections are added to Division 4:

Timing and notice of presentation hearing

about application for supervision order

33.1

(1) No later than 10 days after the date of applying under

section 29.1 for a

supervision order, the director must attend court for a presentation hearing unless

the court is notified that the director does not intend to proceed with the application.

(2) At least 7 days before the date set for the presentation hearing, notice of the date,

time and place of the hearing must be served on

(

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

(

b) the person with care of the child.

(3) The notice must be in the form of a written report described in

section 33.2 (1).

(4) In addition, the director must, if practicable, inform the following of the date,

time and place of the presentation hearing:

(

a) each parent, if not already served under subsection (2);

(

b) the Public Trustee, if the parent entitled to custody of the child is under

19 years of age;

(

c) the applicable aboriginal organization prescribed in the regulations for the

purposes of this section, if the child is an aboriginal child.

(5) The director need not inform a person under subsection (4) if that would, in the

director's opinion, cause physical or emotional harm to any person or endanger

the child's safety.

Presentation hearing about application for supervision order

33.2

(1) At a presentation hearing relating to an application under

section 29.1 for a

supervision order, the director must present to the court a written report that

includes

(

a) the grounds for making the application, and

(2) If satisfied that there are reasonable grounds to support the director's concerns

regarding the child, the court must make at the conclusion of the presentation

hearing an interim order that the director supervise the child's care.

Nature of presentation hearing

33.3 A presentation hearing is a

summary hearing and must be concluded as soon as

possible.

Section 35 is amended

(

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

(1) At a presentation hearing relating to the removal of a child under

section 30, the

director must present to the court a written report that includes

(

a) the circumstances that caused the director to remove the child,

(

b) an interim plan of care for the child, including, in the case of an aboriginal

child, the steps to be taken to preserve the child's aboriginal identity, and

(

c) information about any less disruptive measures considered by the director

before removing the child . , and

(

b) by repealing subsections (3) and (4).

Section 36 is repealed and the following substituted:

If an interim supervision order no longer protects the child

(1) A director must, without any further court order, remove a child who is the

subject of an interim order under

section 33.2 (2) or 35 (2) (

b) if either or both of

the following apply:

(

a) the director has reasonable grounds to believe that the order no longer

protects the child;

(

b) the director has reasonable grounds to believe that a person has not

complied with a term or condition of the order and the director is required

by that order to remove the child if the person does not comply with that

term or condition.

(2) The following provisions apply for the purposes of this section:

(a)

section 30 (2) and (3) (entry powers and power to require assistance of

police officer);

(b)

section 34 (1) (duty to attend presentation hearing);

(c)

section 34 (3) (duty to inform others of presentation hearing).

(3) At the conclusion of the presentation hearing relating to the child's removal

under subsection (1), the court must, as follows:

(

a) if the court is not satisfied that the child was removed in accordance with

this section, make an interim order

(

i) that the child be returned to or remain with the parent or other person

who, at the time of the removal, was caring for the child under the

director's supervision, and

(ii) that the order in force at the time of the removal continue to apply, or

(

b) if the court is satisfied that the child was removed in accordance with this

section, make an interim order

(

i) that the child be returned to or remain with the parent or other person

who, at the time of the removal, was caring for the child under the

director's supervision and that the child be under the director's supervision, or

(ii) that the child be in the custody of the director.

Section 37 is repealed and the following substituted:

Arranging a subsequent hearing

(1) At the conclusion of a presentation hearing under

section 33.2, 35 or 36 (2), the

court must set the earliest possible date for a hearing to determine if the child

needs protection, or confirm any date previously set for the protection hearing,

unless the court has made

(

a) no order under

section 33.2 (2),

(

b) an order under

section 35 (2) (c), or

(

c) a consent order under

section 60.

(2) The date set under subsection (1) for commencing the hearing must not be more

than 45 days after the conclusion of the presentation hearing, and the hearing

must be concluded as soon as possible.

Section 38 (1) is amended by adding the following paragraph:

(d.1) on any party to the proceeding in which the court made the existing order

about the child; .

Section 39 is amended

(

a) in subsection (2) by adding "a person" after "the commencement of the protection

hearing or" ,

(

b) by repealing subsection (2) (

a) and substituting the following:

(

a) to notice of a hearing under

section 42.1, 42.2, 44, 46, 55, 57, 58 or 97

relating to the child, and , and

(

c) by repealing subsection (3) (

a) and substituting the following:

(

a) to notice of a hearing under

section 42.1, 42.2, 44, 46, 49, 55, 57, 58 or 97

relating to the child, and .

Section 40 (2) is repealed and the following substituted:

(2) If the court finds that the child does not need protection, it must

(

a) if the child was removed, order the director to return the child as soon as

possible to the parent apparently entitled to custody unless the child has

already been returned, and

(

b) if an application was made under

section 29.1, dismiss the application and

terminate any interim order made under

section 33.2 (2).

Section 41 is amended

(

a) in subsection (1) by striking out "If the court" and substituting "Subject to subsection

(2.1), if the court" ,

(

b) in subsection (2) by adding "under subsection (1) (d)" after "must not order" , and

(

c) by adding the following subsection:

(2.1) If an application was made under

section 29.1 about the child 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.

16 The following

section is added:

Content of supervision orders

director to implement the plan of care, including

(

a) services for the child's parent or another person in the child's home,

(

b) daycare or respite care,

(

c) the director's right to visit the child, and

(

d) the requirement that the director remove the child if a person does not

comply with one or more specified terms or conditions of the order.

Section 42 is repealed and the following substituted:

Enforcement of supervision order after the protection hearing

(1) A director must, without any further court order, remove a child who is the

subject of a supervision order made under

section 41 (1) (

a) or (b), (1.1) or (2.1),

42.2 (4) (

b) or (c), 46 (3) or 49 (8) if either or both of the following apply:

(

a) the director has reasonable grounds to believe that the supervision order no

longer protects the child;

(

b) the director has reasonable grounds to believe that a person has not

complied with a term or condition of the supervision order and the director

is required by that order to remove the child if the person does not comply

with that term or condition.

(2) The entry powers given by

section 30 (2) apply for the purpose of removing a

child under this

section and

section 30 (3) applies.

Presentation hearing about enforcement of the supervision order

42.1

(1) No later than 7 days after the day a child is removed under

section 42, the director

must attend court for a presentation hearing.

(2) Subsection (1) does not apply if the director returns the child under

section 33 (1.1) and withdraws from the presentation hearing.

(3) The director must inform the following of the date, time and place of the presentation hearing:

(

a) the parent or other person who, at the time of the removal, was caring for

the child under the director's supervision;

(

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

(

c) if practicable, the persons referred to in

section 34 (b), (

c) and (d).

(4) The director need not inform a person referred to in

section 34 (b), (

c) or (

d) if

that would, in the director's opinion, cause physical or emotional harm to any

person or endanger the child's safety.

(5) At the presentation hearing, the director must present to the court a written report

that includes

(

a) the circumstances that caused the director to remove the child, and

(

b) an interim plan of care for the child, including, in the case of an aboriginal

child, the steps to be taken to preserve the child's aboriginal identity.

(6) At the conclusion of the presentation hearing, the court must make

(

a) an interim order that the child be in the custody of the director, or

(

b) an interim order

(

i) that the child be returned to or remain with the parent or other person

who, at the time of the removal, was caring for the child under the

director's supervision, and

(ii) that the order in force at the time of the removal continue to apply.

(7) When an interim order is made under subsection (6), the court must set a date, not

more than 45 days after the removal, for a hearing to determine if the child was

removed in accordance with

section 42.

Subsequent hearing about enforcement of supervision order

42.2

(1) At least 10 days before the date set under

section 42.1 (7), notice of the time, date

and place of the hearing must be served on the following:

(

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

(

b) subject to paragraph (c), the persons who under

section 39 are entitled to

notice;

(

c) if the supervision order was made under

section 49 (8), the persons who

under

section 49 (3) are entitled to notice;

(

d) unless already served under paragraph (

b) or (c), a person referred to in

section 42.1 (3) (a).

(2) If a person referred to in subsection (1) (

b) to (

d) appears at the commencement

of the hearing, that person is entitled to be a party at the hearing.

(3) If not satisfied at the hearing that the child was removed in accordance with

section 42, the court must order

(

a) that the child be returned to or remain with the parent or other person who,

at the time of the removal, was caring for the child under the director's

supervision, and

(

b) that the supervision order in force at the time of the removal continue to

apply.

(4) Subject to subsection (7), if satisfied at the hearing that the child was removed in

accordance with

section 42 (1), the court must make one of the following orders

in the child's best interests:

(

a) that for a specified period in accordance with subsection (5) the child

(

i) be returned to or remain with the parent or other person who, at the

time of the removal, was caring for the child under the director's

supervision, and

(ii) be under the director's supervision;

(

b) that the child remain or be placed in the custody of the director for a

specified period in accordance with

section 43;

(

c) that the child be placed in the custody of a person other than a person

referred to in paragraph (

a) for a specified period in accordance with

section 43 and be under the director's supervision;

(

d) that the child be placed in the continuing custody of the director unless that

conflicts with

section 41 (2).

(5) The total of the following periods must not exceed 12 months:

(

a) the period during which the child is under the director's supervision before

the child is removed under

section 42 (1);

(

b) the period specified in the order under subsection (4) (a) (ii).

(6) Subsection (5) does not apply to a supervision order under subsection (4) (c).

(7) If satisfied at the hearing that a child who was the subject of a supervision order

under

section 49 (8) was removed in accordance with

section 42 (1), the court

must order that the child be placed in the continuing custody of the director.

Section 44 is amended

(

a) in subsections (1) and (3) by striking out "that led to the child being removed" and

substituting "that caused the child to need protection" , and

(

b) in subsection (3) (

a) by striking out "6 months" and substituting "12 months" .

Section 45 (2) is repealed and the following substituted:

(2) In this section, "initial order" means a temporary custody order made under

section 41 (1) (

b) or (

c) or 42.2 (4) (

b) or (c).

Section 46 (2) is amended by adding the following paragraphs:

(

c) any person who has custody of the child under the temporary custody order;

(

d) any party to the proceeding in which the court made the temporary custody

order.

Section 47 is amended

(

a) in subsection (1) by striking out "or when a child is removed under

section 35 (3) (b),

36 (1) or 42 (1) (d)" , and

(

b) in subsection (3) by adding "or 42.1 (6)" after "section 35 (2) (a)" .

Section 49 is amended

(

a) in subsection (1) by striking out "30 days" and substituting "60 days" ,

(

b) in subsection (3) (

b) by adding "42.2," after "section 42 (2)," , and

(

c) in subsection (9) by striking out "30 days" and substituting "60 days" .

Section 61 is amended by adding the following subsections:

(3) If an application for an extension of a supervision order is adjourned, the terms

and conditions of the supervision order continue to apply until the court disposes

of the application even though the supervision order expires during the

adjournment.

(4) Subsection (3) is subject to

section 44.

Section 93 (1) (

g) is amended by striking out "and" at the end of subparagraph (iii), by

adding "and" at the end of subparagraph (iv) and by adding the following subparagraph:

(

v) with any ministry of the government or any community agency if an

agreement is necessary to integrate the planning and delivery of preventive

and support services to families and children; .

25 The following

section is added:

No reprisals because of review

101.1

(1) A person must not intimidate, coerce, discipline or otherwise discriminate against

a child because the child

(

a) has requested a review under the procedure established under

section 93 (3), or

(

b) is the subject of, or has given information or otherwise assisted in, such a

review.

(2) A person must not discharge, suspend, expel, intimidate, coerce, evict or impose

a financial or other penalty on, or otherwise discriminate against, a person other

than a child because the person

(

a) has requested a review under the procedure established under

section 93 (3), or

(

b) has given information or otherwise assisted in such a review.

Section 102 (1) is amended by adding the following paragraph:

(

f) section 101.1 (1) or (2).

Section 103 (2) (

f) is amended by striking out "section 34;" and substituting "sections 33.1

and 34;" .

Section 20 (2), as re-enacted by the Supplement to the Child, Family and Community

Service Act, is amended by striking out "must" and substituting "may" .

Commencement

29 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

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

section 1] repeals and

replaces

definitions to add

section references needed because of other amendments to the Act.

SECTION 2: [Child, Family and Community Service Act, amends

section 3] adds 2 new

service delivery principles.

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

section 16 (3)] requires

a director to report the results of an investigation into a child's need for protection to any person or community agency, if the director determines this is

necessary to ensure the child's safety or well-being.

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

section 29.1] allows a

director to initiate protection proceedings by applying for a supervision order

without removing the child. A director can use this new procedure if he or she

has reason to believe the child needs protection and that a supervision order

would be adequate to protect the child.

SECTION 5: [Child, Family and Community Service Act, repeals and replaces

section

30 (4)] clarifies that the director's authority or duty to remove a child who

needs protection applies regardless of whether any other steps are being taken

under the Act.

SECTION 6: [Child, Family and Community Service Act, repeals and replaces

section

32 (1)] expands a provision specifying the length of time a director has care of

a child who has been removed under the Act. The expansion is needed because

of the amendments made by sections 7 (b), 10 and 17 of this Bill and to take

consent orders into account.

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

section 33] expands a

provision specifying the circumstances in which the director may return a

child. The expansion is needed because of the new

section 33.1 and the amendments to sections 36 and 42.

SECTION 8: [Child, Family and Community Service Act, enacts sections 33.1 to 33.3]

adds 3 sections:

the first (section 33.1) specifies the timing and notice requirements relating

to the initial court hearing about an application for a supervision order under

the new procedure;

the second (section 33.2) specifies the information that must be presented

to the court and authorizes the court to make an interim supervision order;

the third (section 33.3) re-enacts the present

section 35 (4) to ensure that it

applies to all presentation hearings held under the Act, whether they relate

to the removal of a child or an application for a supervision order.

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

section 35]

clarifies that

section 35 (1) applies to a presentation hearing relating to the

removal of a child. This change is consequential to the new

section 33.1;

repeals

section 35 (3) and (4).

Section 35 (3) has been replaced by the new

section 41.1.

Section 35 (4) has been replaced by the new

section 33.3.

SECTION 10: [Child, Family and Community Service Act, re-enacts

section 36] ensures

that the director's duties and powers relating to the enforcement of interim

orders apply to interim supervision orders obtained under the new procedure.

Also the amendments clarify the circumstances in which the child may be

removed from the home, the nature of the proceeding following the removal

and the court's authority to make orders.

SECTION 11: [Child, Family and Community Service Act, re-enacts

section 37] adds references to presentation hearings relating to supervision orders and their enforcement. Also, the amendments clarify the circumstances in which the court need

not set a date for a protection hearing.

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

section 38 (1)] adds to

the list of people who must be served with notice of a protection hearing. The

change is consequential to the amendments to

section 37.

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

section 39]

corrects an error in the notice provisions;

amends the notice provision as a consequence of the amendments to

section 42 and the addition of

section 42.2;

adds a

section reference omitted in error from the notice provision.

SECTION 14: [Child, Family and Community Service Act, repeals and replaces

section

40 (2)] makes changes to

section 40 (2) that are consequential to the new

procedure of initiating protection proceedings by applying for a supervision

order.

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

section 41] makes

changes that are consequential of the new procedure for initiating protection

proceedings for applying for a supervision order.

SECTION 16: [Child, Family and Community Service Act, enacts

section 41.1] re-enacts as

a separate

section the current 42 (1) of the Act and clarifies the intent of

section

42 (1) (d).

SECTION 17: [Child, Family and Community Service Act, re-enacts

section 42] replaces

section 42 with 3 sections:

the first (section 42) clarifies the director's duties and powers relating to the

removal of a child who is the subject of a supervision order made at or after

a protection hearing;

the second (section 42.1) provides for a presentation hearing following the

removal;

the third (section 42.2) provides for a subsequent hearing to determine if the

child was removed in accordance with

section 42.

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

section 44]

is consequential to a provision allowing the director to apply for an

extension of a supervision order or temporary custody order. The change is

needed because a supervision order can be made under the new procedure

without removing the child;

changes a time limit used to calculate the maximum term of a supervision

order.

SECTION 19: [Child, Family and Community Service Act, repeals and replaces

section

45 (2)] is consequential to other changes to the Act.

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

section 46 (2)] adds the

list of people who are entitled to notice of an application under

section 46 of

the Act.

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

section 47] is consequential to the amendments to

section 32 (1) of the Act.

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

section 49]

allows a director to apply under

section 49 (1) of the Act for a continuing

custody order not sooner than 60 days before a temporary custody order

expires;

is consequential to the new

section 42.2;

makes the period during which the director may apply for a continuing

custody order under

section 49 (9) of the Act consistent with the period

specified in

section 49 (1).

SECTION 23: [Child, Family and Community Service Act, adds

section 61 (3) and (4)]

allows a supervision order to remain in effect until the court disposes of an

application to extend the order, subject to the time limit in

section 44 (3) (a).

SECTION 24: [Child, Family and Community Service Act, amends

section 93 (1) (g)]

allows a director to make an agreement with any ministry of the government or

any community agency if necessary to integrate the planning and delivery of

preventive and support services to families and children

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

section 101.1] protects

children and other people from reprisals resulting from administrative reviews.

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

section 102 (1)] makes

violation of the

section prohibiting reprisals an offence.

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

section 103 (2) (f)] adds

a cross-reference to the new

section 33.1 added by this Bill.

SECTION 28: [Child, Family and Community Service Act, re-enacts

section 20 (2)] instead

of requiring the director to offer a referral to a family conference coordinator

authorizes the director to offer a referral.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada