Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 1

AN ACT RESPECTING THE CARE AND

PROTECTION

OF CHILDREN AND YOUTH

Received

and Read the First Time .......................... ........................... .................... March

22, 2010

Second

Reading ............................................ .............................. ................................. June

8 , 2010

Committee ................................................ ........................... .................

Amendment

June 10, 2010

Third

Reading ................................................ ..................................... .................................................

Royal

Assent ................................................... .................................... ................................................

HONOURABLE

JOAN BURKE

Minister of Child,

Youth and Family Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill

would repeal and replace the Child, Youth

and Family Services Act to modernize and clarify the law respecting the protection

of children and youth.

The Bill

would

extend the age for the

automatic termination of a continuous custody order to 18 years of age;

provide clear authority for and

set the parameters around the provision of services to children and youth who

are at risk of maltreatment and their families and provide authority to enter

into service agreements with families;

clarify the conditions on the use

of mediation, family group conferencing and other forms of alternate dispute

resolution to address child protection concerns and to further the purpose of

the Act;

expand and clarify the grounds

for finding that a child is in need of protective intervention, in particular

by adding grounds respecting the risk of emotional harm and living in a

situation where there is a risk of violence;

clarify the options available

to a manager or social worker upon receipt of information that a child is or

may be in need of protective intervention;

require that a plan for the

child with respect to the care of a child or youth in need of protective

intervention be filed with the court and set out the information to be included

in that plan;

clarify the conditions that a judge

may attach to an order made under the Act;

set out the time frames for protective

intervention orders and reduce the number of orders allowed in a child's lifetime;

establish a new process for the

review of the permanency planning for children under the supervision or custody

of a manager;

establish new parameters around

the disclosure of information obtained under the Act; and

establish a statutory review process for a review of the Act.

A BILL

AN ACT RESPECTING THE CARE AND

PROTECTION OF CHILDREN AND YOUTH

Analysis

Short title

PART

INTERPRETATION

Interpretation

Labrador Inuit rights

Managers

Social worker not available

Provincial Director of Protective

Intervention and In Care

Protection from liability

PART

PURPOSE AND GENERAL PRINCIPLE

Purpose

General principle

PART

III

PROTECTIVE INTERVENTION

Definition of child in need of

protective intervention

Duty to report

Determining the need for protective

intervention

Family group conference and alternate

dispute resolution

Interview of child

Manager denied access to child

Location of child not disclosed

Order to produce record

Order to prohibit contact

Short term care in the home

Removal of child

Removal of youth

Telewarrants

Notice of removal of child

Interim care of child after removal

PART

COURT PROCEEDINGS

Where child is not removed

Where child has been removed

Notice of hearings where child removed

When sixteenth birthday intervenes

Plan for the child

Order for medical treatment

Presentation hearing

Protective intervention hearing

Time limits for temporary custody orders

Adjournment

When time limits expire

Subsequent order

Bridging provision

Effect of temporary custody order

Effect of continuous custody order

Financial responsibility

When continuous custody order ceases to

have effect

Rescinding continuous custody order

Transfer of care, supervision or custody

between managers

Child returned at any time

Child returned within 72 hours

Child returned after 72 hours

Child returned after protective

intervention hearing

PART

GENERAL COURT MATTERS

Proceedings and evidence

Method of proceeding

Appearance in court

Application to be heard

Publication ban

Participation by child

Variation of notice requirements

Service of documents

Disclosure to parties in court

proceedings

Confidentiality of information

Court order with consent

Consolidation of matters

Variation of order

Effect of out of province order

PART

PLACEMENT OF CHILDREN AND YOUTH

Placement considerations

Agreement for services

Information re child or youth's care

Change of placement of child or youth

without notice

Counselling for child or youth after

removal

PART

VII

YOUTH SERVICES AGREEMENT

Youth services agreement

Effect of agreement

PART

VIII

CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

Access to Information and Protection of

Privacy Act does not apply

Definition

Persons who may obtain information

Information not to be disclosed

Disclosure without consent

Right to information and information

sharing

Internal review

PART

OFFENCES AGAINST CHILDREN

General offence

Contributing to an offence

Offence to remove a child or youth from

manager

Liability for an offence

PART

ACCOUNTABILITY PROVISIONS

Statutory review

Monitoring plans for children in care or

custody

Appeals

PART

REGULATIONS

Regulations

PART

XII

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Transitional provisions

Consequential amendments

Repeal

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Children and

Youth Care and Protection Act.

PART I

INTERPRETATION

Interpretation

(1) In

this Act

(a) "alternate dispute resolution" means

a process for resolving disputes, other than litigation, that is approved by

the provincial director;

(b) "care" means the physical daily care

and nurturing of a child or youth;

(c) "child" means a person actually or

apparently under the age of 16 years;

(d) " court "

means the Trial Division - Family Division or the Provincial Court;

(e) " custody "

means the rights and responsibilities of a parent in respect of a child or

youth;

(f) "department" means the department

presided over by the minister;

(g) "family group conference" means a

formal planning and decision making meeting, facilitated by an independent

co-ordinator, which brings together the parent, family or other person

significant to the child, social workers and other service providers to develop

a plan for a child's safety, permanency and well-being;

(h) "foster parent" means a person with

whom a child or youth, who is in the care or custody of a manager, is placed

for care with the approval of a manager and who, by agreement with a manager,

has assumed responsibility for the care of the child or youth and includes a family

member or a person significant to the child or youth but does not include the

child or youth's parent;

(i) "judge" means a judge of the court;

(j) "manager" means a manager appointed

under

section 4 ;

(k) "mediation" means a voluntary

process in which a mediator assists the parent, family, other person

significant to the child, social workers, lawyers and other service providers to

discuss and resolve the referred issues;

(l) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(m) "parent of a child" means

(

i) the custodial mother of a child,

(ii) the custodial father of a child,

(iii) a custodial step-parent,

(iv) a non-custodial parent who regularly exercises

or attempts to exercise rights of access,

(

v) a person to whom custody of a child has been

granted by a written agreement or by a court order, or

(vi) a person who is responsible for the child's

care and with whom the child resides, except a foster parent;

(n) "peace officer" means a member of

the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted

Police, and includes a person approved by the Attorney General to perform the

duties of a peace officer;

(o) "provincial director" means the

Provincial Director of Protective Intervention and In Care appointed under

section

6 ;

(p) "qualified health practitioner"

means a physician, nurse, nurse practitioner, licensed practical nurse, dentist

or dental hygienist;

(q) "residential placement" means

approved board, lodging and the associated supervisory, shelter or group care

for a child or youth who is in the care or custody of a manager;

(r) "social worker" means a person

(

i) registered under the Social Workers Association Act , and

(ii) employed by the department; and

(s) "youth" means a person who is 16

years of age or over but under 18 years of age.

(2) Notwithstanding paragraph (1)( i ), in the expanded service area referred to in subsection

43.5(5) of the Judicature Act, "judge"

means a Provincial Court judge.

(3) For the purpose of sections 20 and 22 , in the

judicial area referred to in subsection 43.5(4) of the Judicature Act , "judge" means a judge of the Trial

Division - Family Division or a Provincial Court judge.

Labrador Inuit

rights

3. This

Act and regulations made under this Act shall be read and applied in conjunction

with the Labrador Inuit Land Claims

Agreement Act and, where a provision of this Act or regulations made under

this Act is inconsistent or conflicts with a provision, term or condition of

the Labrador Inuit Land Claims Agreement

Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or a regulation made under this Act.

Managers

(1) The

minister shall appoint one or more managers who shall exercise the powers and

perform the duties that are conferred or imposed upon them by this Act.

(2) An appointment under subsection (1) shall be

advisable.

(3) A manager appointed under subsection (1) may designate

a person who is a social worker as acting manager to exercise the powers and

perform the duties of that manager where the manager is absent or unable to

act.

(4) A person appointed as a manager under

subsection (1) shall be a social worker.

Social worker not

available

5. Where

a social worker is not available, the minister may authorize another person to

perform the duties or exercise the powers of a social worker under this Act for

Provincial Director

of Protective Intervention and In Care

6. The

minister shall appoint a person to be

the Provincial Director of Protective Intervention and In Care who shall be

responsible for

(

a) establishing province-wide policies, programs

and standards;

(

b) evaluating and monitoring adherence to the

established policies, programs and standards; and

(

c) advising and reporting to the minister on

matters related to this Act.

Protection from

liability

7. A

manager, social worker, the provincial director or other person is not personally

liable for anything done or omitted in good faith in the exercise or

performance or intended exercise or performance of

(

a) a power, duty or function conferred upon him

or her by this Act; or

(

b) a power, duty or function on behalf of or

under the direction of a person on whom the power, duty or function is conferred

by this Act

or for the costs in connection with an

action or proceeding.

PART II

PURPOSE AND GENERAL PRINCIPLE

Purpose

8. The

purpose of this Act is to promote the safety and well-being of children and

youth who are in need of protective intervention.

General principle

(1) This

Act shall be interpreted and administered in accordance with the principle that

the overriding and paramount consideration in a decision made under this Act

shall be the best interests of the child or youth.

(2) In determining a child or youth's best

interests, all relevant factors shall be considered, including

(

a) the child or youth's safety, health and

well-being;

(

b) the child or youth's physical, emotional and

developmental needs;

(

c) the child or youth's relationship with family or

a person significant to the child or youth;

(

d) the child or youth's identity and cultural and

community connections;

(

e) the child or youth's opinion regarding his or

her care and custody or the provision of services; and

(

f) the importance of stability and permanency in

the context of the child or youth's care.

PART III

PROTECTIVE INTERVENTION

Definition of

child in need of protective intervention

(1) A

child is in need of protective intervention where the child

(

a) is being, or is at risk of being, physically

harmed by the action or lack of appropriate action by the child's parent;

(

b) is being, or is at risk of being, sexually

abused or exploited by the child's parent;

(

c) is being, or is at risk of being, emotionally

harmed by the parent's conduct and there are reasonable grounds to believe that

the emotional harm suffered by the child or that may be suffered by the child results

from the actions, failure to act or pattern of neglect on the part of the

child's parent;

(

d) is being, or is at risk of being, physically

harmed by a person and the child's parent does not protect the child;

(

e) is being, or is at risk of being, sexually

abused or exploited by a person and the child's parent does not protect the

child;

(

f) is being, or is at risk of being, emotionally

harmed by a person and the child's parent does not protect the child;

(

g) is in the custody of a parent who refuses or

fails to obtain or permit essential medical, psychiatric, surgical or remedial

care or treatment to be given to the child when recommended by a qualified

health practitioner;

(

h) is abandoned;

(

i) has no living parent and no adequate provision

has been made for the child's care;

(

j) has no parent available to care for the child

and the parent has not made adequate provision for the child's care;

(

k) has no parent able or willing to care for the

child;

(

l) is living in a situation where there is

violence or is living in a situation where there is a risk of violence;

(

m) is living with a parent whose actions show a

propensity to violence or who has allegedly killed or seriously injured another

person;

(

n) has been left without adequate supervision

appropriate to the child's developmental level; or

(

o) is actually or apparently under 12 years of

age and has

(

i) allegedly killed or seriously injured another

person or has caused serious damage to another person's property, or

(ii) on more than one occasion caused injury to

another person or other living thing or threatened, either with or without

weapons, to cause injury to another person or other living thing, either with

the parent's encouragement or because the parent does not respond adequately to

the situation.

(2) For the purposes of paragraphs (1)(

c) and (f),

the indicators of emotional harm exhibited or demonstrated by a child may include

(

a) depression;

(

b) significant anxiety;

(

c) significant withdrawal;

(

d) self-destructive behaviour;

(

e) aggressive behaviour; or

(

f) delayed development.

(3) For the purposes of paragraph (1)(c), parental

conduct or living situations that may lead to emotional harm or risk of

emotional harm to the child may include

(

a) rejection;

(

b) social deprivation;

(

c) deprivation of affection;

(

d) deprivation of cognitive stimulation;

(

e) subjecting the child to inappropriate

criticism, threats, humiliation, accusations or expectations;

(

f) living in a situation where the mental or

emotional health of a parent is negatively affecting the child;

(

g) living in a situation where a parent is an

abuser of alcohol or drugs; or

(

h) living in a situation where there is violence.

Duty to report

(1) Where

a person has information that a child is or may be in need of protective intervention,

the person shall immediately report the information to a manager, social worker

or a peace officer.

(2) Where a person makes a report under subsection

(1), the person shall report all the information of which he or she has knowledge.

(3) Where a report is made to a peace officer

under subsection (1), the peace officer shall, as soon as possible after

receiving the report, inform a manager or social worker.

(4) This

section applies, notwithstanding the

provisions of another Act, to a person referred to in subsection (5) who, in

the course of his or her professional duties, has information that a child is

or may be in need of protective intervention.

(5) Subsection (4) applies to every person who

performs professional or official duties with respect to a child, including

(

a) a health care professional;

(

b) a teacher, educational psychologist, guidance

counsellor, school principal, social worker, family counsellor, member of the

clergy or religious leader, operator or employee of a child care service, a

youth worker and a recreation worker;

(

c) a peace officer; and

(

d) a solicitor.

(6) This

section applies notwithstanding that the

information is confidential or privileged, and an action does not lie against

the informant unless the making of the report is done maliciously or without

reasonable cause.

(7) A person shall not interfere with or harass a

person who gives information under this section.

(8) A person who contravenes this

section is

guilty of an offence and is liable on

summary conviction to a fine not

exceeding $10,000 or to imprisonment for a term not exceeding 6 months, or to

both a fine and imprisonment.

(9) Notwithstanding

section 7 of the Provincial Offences Act, an information

or complaint under this

section may be laid or made within 3 years from the day

when the matter of the information or complaint arose.

Determining the

need for protective intervention

(1) Where a manager or social worker receives information in the form of

(

a) a

request for protective intervention services;

(

b) a

report under

section 11 ; or

(

c) other

evidence that a child may be in need of protective intervention,

the manager or social worker shall

investigate whether the child is in need of protective intervention unless,

upon assessment, the manager or social worker is satisfied that the information

provided was without merit or without reasonable grounds.

(2) Where,

after an investigation referred to in subsection (1), the manager or social worker has determined that the child is in need of protective

intervention, the manager or

social worker shall

(

a) enter

into a written agreement with the parent outlining the plan for the child and

the child's parent with respect to the required services; or

(

b) where

the manager or social worker is not satisfied that the child's need for

protective intervention can be met under paragraph (a), take whatever action

under this Act that the manager or social worker considers appropriate.

(3) Where

(

a) upon assessing information received under

subsection (1) a manager or social worker is satisfied that the information

provided was without merit or without reasonable grounds; or

(

b) after an investigation referred to in

subsection (1) a manager or social worker has determined that the child is not

in need of protective intervention

the manager or social worker may, where

appropriate, refer the child or the child's parent to health care, social,

legal or other services which may assist the child or the child's parent and

may, in exceptional circumstances, enter into a written agreement outlining the

plan for the child and the child's parent with respect to the required services.

(4) An agreement under this

section shall set out

the responsibilities of each party to the agreement.

Family group

conference and alternate dispute resolution

(1) A

manager or social worker may use a family group conference, mediation or

another form of alternate dispute resolution to establish, replace or amend the

plan referred to in

section 12 .

(2) Where a family group conference, mediation or

another form of alternate dispute resolution is agreed upon, the parties shall

enter into a written agreement to participate in the process.

(3) An issue with respect to a plan referred to in

section 12 may be included in a family group

conference, mediation or another form of alternate dispute resolution, other

than the determination by a manager or social worker that the child is in need

of protective intervention and the factors that led to that determination.

Interview of

child

(1) A

person who has custody of or who is entrusted with the care of a child who is

the subject of an investigation under this Act, shall, when requested to do so by

a manager or a social worker,

(

a) identify the child; and

(

b) permit the child to be visited, observed and interviewed

by a manager or social worker, in private where in the opinion of the manager

or social worker it is appropriate, at a place where the child is located.

(2) A manager or social worker shall notify the

parent of the interview.

Manager denied

access to child

(1) Where

a manager or social worker is denied access to a child and he or she believes

that access to the child is necessary to determine if the child is in need of

protective intervention, the manager or social worker may, without notice,

apply to a judge for an order and the judge may grant an order

(

a) that a person disclose the location of the

child;

(

b) that a person permit the manager or social

worker or another person to interview or visually examine the child;

(

c) authorizing the manager or social worker to

remove the child from the place where the child is located for an interview or

medical examination; and

(

d) authorizing a qualified health practitioner to

examine the child.

(2) The judge may attach those conditions to an

order under this

section that the judge considers appropriate.

(3) Where a child is removed from the place where

the child was located for an interview or medical examination, a manager or

social worker shall return the child to the parent or other person from whom

the child was removed unless the manager or social worker proceeds under

section

20 .

(4) At the request of a manager or social worker,

a peace officer shall assist in enforcing an order made under subsection (1).

Location of child

not disclosed

(1) Where

a person does not comply with an order under

section 15 ,

a judge may issue a warrant for the person's arrest to bring him or her before

the judge to explain why the order should not be enforced.

(2) Where a person referred to in subsection

(1) appears before a judge and the judge believes that the person's reasons for

being unable or unwilling to comply with the order are not valid, the judge may

order that the person be imprisoned for 30 days or until the person complies

with the order, whichever is the shorter period of time.

Order to produce

record

(1) Where

a manager or social worker files an application with the court, a judge may

order a person to produce information that is written, photographed, recorded or

stored by other means for inspection by the manager or social worker where

(

a) there are reasonable grounds to believe that

the information is necessary for determining whether a child is in need of

protective intervention;

(

b) there are reasonable grounds to believe that

the person has possession or control of the information; and

(

c) the person has neglected or refused, upon

request of the manager or social worker, to produce the information.

(2) Not later than 2 days before the date set for

hearing an application under subsection (1), notice of the date, time and place

of the hearing shall be served on the person against whom the order is sought.

(3) Notwithstanding subsection (2), where a manager

or social worker believes on reasonable grounds that the information may be

destroyed if notice is given, application may be made under subsection (1) without

notice.

Order to prohibit

(1) Where

there are reasonable grounds to believe that contact between a child and

another person would cause the child to be in need of protective intervention,

a manager or social worker may file an application with the court for an order

to prohibit contact between the child and that person.

(2) The date set for hearing the application under

subsection (1) shall be not later than 2 days after the application is filed

and notice of the hearing shall be served on the day the application is filed.

(3) Notice of the date, time and place of the

hearing shall be served on

(

a) the person against whom the order is sought;

(

b) a parent of the child; and

(

c) the child, where the child is 12 years of age

or over.

(4) Where a judge is satisfied that there are

reasonable grounds to believe that contact between a child and a person named

in an application under subsection (1) would cause the child to be in need of

protective intervention, the judge may do one or more of the following:

(

a) prohibit the person against whom the order is

sought from contacting or interfering with or trying to contact or interfere

with the child or from entering a place where the child is located, for a

period of up to 6 months;

(

b) prohibit the person against whom the order is

sought from residing with the child or entering premises where the child

resides, including premises that the person owns or has a right to occupy, for

a period of up to 6 months; and

(

c) impose those conditions that the judge

considers appropriate for implementing the order and protecting the child.

(5) Before an order to prohibit contact between a

child and another person expires, a manager, social worker or person named in

the order may file an application with the court and the judge may

(

a) grant another order;

(

b) vary the order; or

(

c) rescind the order.

(6) At the request of a manager or social worker,

a peace officer shall assist in enforcing an order made under this section.

(7) An order under this

section may be made at any

time, including before, during or after another hearing.

Short term care

in the home

(1) Where

a manager or social worker believes a child is without adequate supervision

when premises are entered under this Act, the manager or social worker may

arrange for short term care in the home to be provided until other supervision

considered adequate by the manager or social worker is available for the child

but the period of care shall not exceed 72 hours.

(2) Where short term care is provided under subsection

(1), a person approved by the manager or social worker may enter the premises

where the child is located and care for the child.

(3) A manager or social worker shall make all

reasonable efforts to notify a parent of a child of an action taken by the manager

or social worker under this section.

Removal of child

(1) Where

a manager or social worker believes

(

a) that a child is in need of protective

intervention; and

(

b) a less intrusive course of action that would adequately

protect the child is not available,

he or she shall file an application with

the court for a warrant to remove a child.

(2) Where satisfied on the basis of a manager's or

social worker's sworn information that there are reasonable grounds to believe

that

(

a) a child is in need of protective intervention;

and

(

b) a less intrusive course of action that would adequately

protect the child is not available,

a judge may issue a warrant authorizing

the manager or social worker to enter a premises or vehicle or board a vessel

or aircraft, by force if necessary, to remove a child.

(3) Notwithstanding subsection (1), where a manager

or social worker has reasonable grounds to believe there would be an immediate

risk to the child's health and safety if no action were taken during the time

required to obtain a warrant, the manager or social worker may enter a premises

or vehicle or board a vessel or aircraft, by force if necessary, to remove a

child without a warrant.

(4) At the request of a manager or social worker,

a peace officer shall assist in enforcing a warrant issued under subsection

(2), or if a warrant is not obtained, the peace officer shall assist a manager

or social worker under subsection (3).

(5) A warrant issued under subsection (2) need not

describe the child by name or specify a particular premises.

(6) Notwithstanding subsection (1), a warrant is

not required for the removal of a child where

(

a) the child is in the care of a manager under an

agreement between a manager and a parent of the child entered into under

section

12 , and the agreement expires or is about to expire

or is repudiated or is about to be repudiated by the parent, and a manager or

social worker believes the child is in need of protective intervention; or

(

b) a parent of a child voluntarily places the

child in the care of a manager but refuses to enter into an agreement under

section

12 .

Removal of youth

(1) Where

a manager or social worker determines that

(

a) a youth is in need of protective intervention

as defined in

section 10 ;

(

b) a less intrusive course of action that will

adequately protect the youth is not available; and

(

c) the youth is unable to protect himself or

herself due to a lack of mental capacity,

the manager or social worker may remove

the youth.

(2) Where a youth is removed under this section,

the provisions of this Act that apply to determining the need for protective

intervention and the removal of a child, except

section 33 , apply as if that youth were a child.

Telewarrants

(1) Where,

in the opinion of a manager or social worker it would not be practical to

appear in person before a judge to apply for a warrant, the manager or social

worker may make the application by telephone or other means of

telecommunication.

(2) Where a manager or social worker removes a

child under the authority of a warrant obtained under this section, the manager

or social worker shall provide the person from whom the child is removed with a

facsimile of the warrant.

(3) In subsection (2), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

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 manager 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 after the removal stating the reason why the child was removed.

(2) A parent who is given a notice under

subsection (1) shall be informed that he or she may be represented by legal

counsel.

Interim care of

child after removal

(1) Where

a child is removed under

section 20 , a manager has

interim care of the child until

(

a) the child is returned under

section 45 to the parent from whom the child was removed; or

(

b) a judge makes an order at a presentation

hearing under

section 31 .

(2) While the manager has interim care of the

child, the manager or a social worker may

(

a) authorize a qualified health practitioner to

examine the child; and

(

b) consent to necessary health care for the child

where the parent cannot be contacted if, in the opinion of a qualified health

practitioner, the health care should be provided without delay.

(3) On consenting to necessary health care for the

child, a manager or social worker shall notify the parent from whom the child

was removed.

(4) Where a child is removed, while hospitalized,

from his or her parent by a manager or social worker, the hospital administration

and the attending physician shall be advised that the child has been removed

from the parent and that the manager has interim care of the child.

PART IV

COURT PROCEEDINGS

Where child is

not removed

(1) Where

a manager or social worker believes on reasonable grounds that

(

a) a child is in need of protective intervention;

(

b) the child's safety could be assured without

removing the child with the provision of protective intervention services; and

(

c) a parent of the child is unwilling to accept

protective intervention services for the child,

the manager or social worker shall file an

application with the court for a protective intervention hearing and an order

that the child is in need of protective intervention.

(2) A hearing under this

section shall be held

within 30 days of the filing of the application under subsection (1).

(3) Notice of the time and place of a hearing

under this

section shall be served not later than 3 days after the date for the

hearing is obtained on

(

a) a parent of the child; and

(

b) the child, where the

child is 12 years of age or older.

(4) When a parent of the child is served with a

notice under subsection (3), that parent shall also be served with a copy of the

application.

(5) Where an application is made under this

section, a judge may make an order under

section 32 .

Where child has

been removed

26. Where

a child has been removed, the manager or social worker shall, within 24 hours after

the removal of the child, file an application with the court for a protective

intervention hearing, which shall be held not later than 30 days after the

child's removal, and for an order that the child is in need of protective

intervention.

Notice of hearings

where child removed

27. (1)Where

a child has been removed and a manager or social worker applies for a

protective intervention hearing, he or she shall at the same time be given a

date for a presentation hearing, which shall be held not later than 10 days

after the date on which the application is filed.

(2) Notice of the time and place of a protective

intervention hearing and a presentation hearing shall be served not later than

3 days after the dates for the hearings are obtained on

(

a) a parent of the child; and

(

b) the child, where the child is 12 years of age

or over.

(3) When a parent of the child is served with a

notice under subsection (2), that parent shall also be served with

(

a) a copy of the application;

(

b) a written report of the circumstances that led

to the removal of the child; and

(

c) the manager or social worker's plan for the

child until the protective intervention hearing.

When sixteenth

birthday intervenes

28. Notwithstanding

another provision of this Act, where a child was under 16 years of age when an

application for an order of continuous custody was filed, the court may hear

and determine the matter and make an order as if the child were still under the

age of 16 years even though the child has had his or her sixteenth birthday

before the order was made.

Plan for the

child

(1) A

manager or social worker shall file with the court, not later than noon on the day before the

presentation hearing or a hearing referred to in

section 25 is scheduled, a plan for the child and provide a

copy to those persons who have been served with a copy of the application.

(2) A person who has received a plan under subsection

(1) may respond to the plan by filing an alternate plan with the court and, in

that case, shall provide a copy of that alternate plan to the manager or the social

worker.

(3) A plan filed under subsection (1) shall

include

(

a) a description of the required services to address

the situation or issues on the basis of which the child was determined to be in

need of protective intervention;

(

b) a description of the indicators by which the

manager or social worker will determine when custody or supervision may no

longer be required;

(

c) an estimate of the time required to achieve

the purpose of the intervention;

(

d) information

respecting previous involvement with the child, or a parent of the child, under

this or a predecessor Act, that is relevant to the plan;

(

e) where the child has been removed from a parent's

care,

(

i) an explanation of why the child cannot be

adequately protected while in the parent's care, and a description of past

efforts to do so,

(ii) an explanation of the efforts planned to

maintain the child's contact with the parent, family or other person

significant to the child, and

(iii) a description of the arrangements made or

being made to recognize the importance of the child's identity and cultural and

community connections; and

(

f) where the manager or social worker proposes to

remove the child from a parent's care permanently, a description of the

arrangements made or being made for the child's stability and permanency.

(4) A revised plan may be filed before the

conclusion of the protective intervention hearing.

Order for medical

treatment

(1) Where

a manager or social worker believes a child is in need of protective

intervention because of his or her parent's refusal or failure to obtain or

permit essential medical, psychiatric, surgical or remedial treatment that is

recommended for the child by a qualified health practitioner, the manager or

social worker may file an application with the court for an order authorizing

the treatment.

(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.

(3) A judge may

(

a) hear the application at any time or place;

(

b) receive evidence by telephone or other means

of telecommunication; and

(

c) administer an oath or affirmation by telephone

or other means of telecommunication.

(4) Where a judge finds that a child is in need of

protective intervention for a reason referred to in subsection (1), the judge

may so declare and grant an order authorizing the treatment recommended by a

qualified health practitioner.

(5) Where a child's treatment is authorized by an

order under this section, no liability attaches to the person treating the

child by reason only that the parent of the child did not consent to the treatment.

Presentation hearing

(1) A

presentation hearing

(

a) may be conducted by a judge in an informal

manner; and

(

b) shall be concluded within one day, unless

extended by the judge.

(2) At the conclusion of a presentation hearing, a

judge may

(

a) dismiss the application for a protective

intervention hearing;

(

b) order that the child be returned to or remain

with the parent under the supervision of a manager or social worker until the

conclusion of the protective intervention hearing;

(

c) order that the child be placed in the custody

of a parent, other than the parent from whom the child was removed, under the

supervision of a manager until the conclusion of the protective intervention

hearing;

(

d) order that the child be placed in the care of the

child's family or a person significant to the child, other than the parent from

whom the child was removed, under the

supervision of a manager until the conclusion of the protective intervention

hearing;

(

e) order that the child be placed in or remain in

the custody of a manager until the conclusion of the protective intervention

hearing; or

(

f) make a declaration that the child is in need

of protective intervention and make an order under subsection 32 (2).

(3) Where a judge makes an order under subsection

(2) that is not an order for continuous custody, the judge may attach reasonable

conditions to that order including conditions with respect to

(

a) the child's contact with a parent, unless the

judge is satisfied that continued contact with the parent would not be in the

best interests of the child;

(

b) the child's contact with a person significant

to the child; and

(

c) the assessment, treatment or services to be

obtained by the child or the child's parent

but an order shall not contain conditions

with respect to the type or the geographic location of the placement for the

child.

Protective

intervention hearing

(1) At

a protective intervention hearing, a judge shall determine whether a child is

in need of protective intervention.

(2) Where a judge finds that a child is in need of

protective intervention, the judge shall so declare and order that

(

a) the child be returned to or remain with the

parent and under a manager's supervision for a specified period of up to 6

months;

(

b) the child be placed in the temporary custody

of the child's family or a person significant to the child, other than the

parent from whom the child was removed, with the consent of that person and

under a manager's supervision, for a specified period in accordance with

section

33 ;

(

c) the child be placed in the temporary custody

of a manager for a specified period in accordance with

section 33 ; or

(

d) the child be placed in the continuous custody

of a manager.

(3) Where a judge makes an order for supervision

under paragraphs (2)(

a) or (b), and a person fails to comply with a specific condition

of the order, the manager or social worker may make an application to the court

and the date set for the hearing shall not be later than 5 days after the application

is made, and notice of the hearing shall be served on the day the application

is filed.

(4) Where a judge makes an order for temporary

custody under paragraph (2)(b), the judge may grant a parent or a person

significant to the child contact with the

child.

(5) Where a judge makes an order for temporary

custody under paragraph (2)(c), the judge may attach reasonable conditions to

that order, including conditions with respect to

(

a) the child's contact with a parent, unless the

judge is satisfied that continued contact with the parent would not be in the

best interests of the child;

(

b) the child's contact with a person significant

to the child; and

(

c) the assessment, treatment or services to be

obtained by the child or the child's parent

but an order shall not contain conditions

with respect to the type or the geographical location of the placement for the

child.

(6) Where a judge makes an order for continuous

custody under paragraph (2)(d),

(

a) the

order shall not contain conditions; and

(

b) the manager has custody of the child and has

all the rights and responsibilities of a parent for the child's care and future

planning.

(7) Where the judge finds that the child is not in

need of protective intervention, the judge shall so declare and shall make an order

that the child remain with or be returned to the parent from whom the child was

removed and the order shall not contain conditions.

Time limits for

temporary custody orders

(1) Where

a judge grants an order for temporary custody under paragraph 32 (2 )(

b) or (c), the term of

the order shall not exceed

(a) 6 months for a first order;

(b) 3 months for a second order where the child

who is the subject of the order is under 6 years of age when that order is made;

and

(c) 6 months for a second order where the child

who is the subject of the order is 6 years of age or over when that order is made

with a maximum of 2 orders in total during

the child's life.

(2) Notwithstanding subsection (1), a third order

may be granted where

(

a) there are exceptional circumstances that in

the opinion of the judge warrant exceeding the lifetime maximum of 2 orders;

and

(

b) the parent has demonstrated that he or she may

reasonably be expected to resume the custody of the child within a reasonable period,

but the term of a third order shall not

exceed

(c) 3 months where the child is under 6 years of

age when that order is made; or

(d) 6 months where the child is 6 years of age or

over when that order is made.

Adjournment

(1) A

judge may adjourn a proceeding under this Act one or more times, for a total

period of up to 3 months, to allow

(

a) a judicial case conference, family group

conference, mediation or another form of alternate dispute resolution to proceed;

(

b) an assessment to be completed, where that

assessment is considered necessary by a judge, manager or social worker.

(2) Where a proceeding is adjourned under

subsection (1) a time limit applicable to the proceeding is suspended.

(3) Where, as a result of a family group conference

or mediation a written agreement is made, a manager or social worker shall file

the agreement with the court.

When time limits expire

(1) Where

all of the time limits contained in

section 33

have expired, a judge shall order that the child

(

a) be placed in the continuous custody of a manager;

(

b) be placed in the custody of a person other

than a parent from whom the child was removed with the consent of that person;

(

c) be returned to the parent from whom the child

was removed.

(2) An order made under paragraph (1)(

a) or (

c) shall not contain conditions.

(3) An order made under paragraph (1)(

b) may contain

conditions that apply to the person with whom the child is placed but shall not

contain conditions that apply to the manager, a social worker or the department.

Subsequent order

(1) Before

an order for supervision or an order for temporary custody expires, a manager

or social worker may file an application with the court for another order under

subsection 32 (2).

(2) The manager's or social worker's plan for the

child shall be attached to an application under subsection (1).

(3) Notice of the time and place of a hearing with

respect to an application under subsection (1) shall be served not later than

10 days before the hearing on

(

a) a parent of the child; and

(

b) the child, where the child is 12 years of age

or over.

(4) At least 3 days before the date set for a

hearing, persons receiving notice may respond to the manager's or social

worker's plan for the child by filing an alternate plan with the court and

providing a copy to the manager or social worker.

Bridging

provision

37. Where

a child is under the supervision of a manager under an order for supervision, or

is in the custody of a manager or another person under an order for temporary custody,

and an application for another order is filed but not heard before the

expiration of the order for supervision or order for temporary custody, the

child shall remain under the supervision of a manager under the order for supervision,

or in the custody of a manager or other person to whom custody was granted

under the order for temporary custody, until the application is heard and

decided.

Effect of

temporary custody order

38. Where

an order for temporary custody is made under paragraph 32 (2)(c)

(

a) the manager has custody of the child for the

specified period and the manager or a social worker has the right to make all

decisions regarding the child during the specified period;

(

b) the manager or a social worker may consent to necessary

medical treatment for the child as recommended by a qualified health

practitioner, where the child's parent is unavailable or refuses to consent to

the treatment; and

(

c) the manager shall not consent to an adoption of

the child under the Adoption Act

without the consent of the parent from whom the child was removed.

Effect of continuous

custody order

(1) When

an order for continuous custody is made under paragraph 32 (2)(d)

(

a) the manager becomes the sole custodian of the

child and has the right to make all decisions regarding the child;

(

b) the manager or a social worker may consent to

the provision of medical treatment for the child; and

(

c) the manager may consent to the adoption of the

child under the Adoption Act.

(2) An order for continuous custody of a child

does not affect the child's rights respecting inheritance or succession to

property.

(3) At least 30 days before consenting to the

adoption of the child under the Adoption

Act , the manager or a social worker shall inform a person who, under

subsection 31 (3) or subsection 32 (4) or (5), has been permitted contact with the

child, of the manager's intention to consent to the adoption.

(4) An application for custody of or access to a

child under the Children's Law Act shall

not be made with respect to a child who is the subject of a continuous custody

order made under this Act.

Financial responsibility

(1) Where

a child is in the temporary or continuous custody of a manager, upon

application by a manager or social worker, a judge may order that the

obligation of the parents to provide support to the child shall continue

subject to

Part III of the Family Law Act .

(2) An order under subsection (1) shall be for the

benefit of the Crown or some other

person on the conditions and for the period the judge considers appropriate.

When continuous custody

order ceases to have effect

(1) An

order for continuous custody ceases to have effect when

(

a) the youth reaches 18 years of age;

(

b) the youth marries;

(

c) custody of the child or youth is transferred

to another person, other than to another manager under

section 43 ;

(

d) the youth makes a written request to the

manager to have the order set aside; or

(

e) the court rescinds the order.

(2) Notwithstanding paragraph (1)(

d) an order for

continuous custody does not cease to have effect where the manager determines

that the youth lacks the mental capacity to understand and appreciate the

consequences of the request and the manager advises the youth that the order

for continuous custody shall remain in place.

Rescinding continuous

custody order

(1) With

the leave of a judge, and where

(

a) the circumstances have changed significantly

since the time an order for continuous custody was made; and

(

b) the child or youth has not been placed for

adoption,

a party to a hearing at which the order

was made may file an application with the court for the rescission of the

order.

(2) Where a judge grants leave under subsection

(1), notice of an application for a hearing shall be served not later than 10

days before the hearing on

(

a) the manager concerned;

(

b) a parent of the child;

(

c) a child, where the child is 12 years of age or

over; and

(

d) another party to the continuous custody

application.

(3) The judge may grant an order to rescind an

order for continuous custody where he or she believes it is in the best

interests of the child to do so.

Transfer of care,

supervision or custody between managers

(1) A

manager who has care, supervision or custody of a child or youth may transfer

care, supervision or custody to another manager.

(2) Where the care, supervision or custody of a

child or youth is transferred from one manager to another manager,

(

a) the other manager has care, supervision or

custody of the child or youth with the same rights and responsibilities as the manager

who made the transfer; and

(

b) the manager who made the transfer ceases to

have care, supervision or custody of the child or youth.

(3) The transfer of care, supervision or custody

is effective upon the filing of an amended order with the court which granted

the original order.

Child returned at

any time

44. A

child may be returned to the parent from whom the child was removed where

(

a) the circumstances have changed so that the

child in the opinion of a manager or social worker is no longer in need of

protective intervention; or

(

b) the parent enters into a written agreement

that is considered by a manager or social worker to be adequate to protect the

child.

Child returned

within 72 hours

45. Where

a child is returned to the parent from whom the child was removed within 72

hours of removal and an application has been filed with the court for a

protective intervention hearing, a manager or social worker shall

(

a) file a notice of discontinuance with the

court;

(

b) provide notice of the discontinuance to the

persons who received notice of the application for a protective intervention

hearing; and

(

c) file with the court and provide to a parent

who received notice of the discontinuance, a written explanation of the change

of circumstances referred to in paragraph 44 (

a) or a copy of the agreement referred to in paragraph 44 (b).

Child returned

after 72 hours

(1) Where

a child is returned to the parent from whom the child was removed 72 hours or more

after removal but before the protective intervention hearing, a manager or

social worker shall

(

a) seek leave of a judge to withdraw the

application for a protective intervention hearing;

(

b) provide notice of the intention to seek leave

to withdraw the application to the persons who received notice of the application

for a protective intervention hearing; and

(

c) file with the court and provide to a parent

who received notice, a written explanation of the circumstances referred to in

paragraph 44 (

a) or a copy of the agreement

referred to in paragraph 44 (b).

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

section, the matter shall be heard no later than the date set for the

protective intervention hearing and the judge may rescind an outstanding order

made in relation to the child.

Child returned

after protective intervention hearing

(1) Where

a child is returned to the parent from whom the child was removed after a

protective intervention hearing but before the expiration of an order for

temporary custody made under

section 32 , a manager

or social worker shall file an application with the court to rescind or vary an

outstanding order made in relation to the child and shall

(

a) not later than 10 days before the date set for

a hearing, provide notice of the application to

(

i) a parent of the child, and

(ii) the child, where the child is 12 years of age

or older; and

(

b) file with the court and provide to a parent

who received notice, a written explanation of the circumstances referred to in

paragraph 44 (

a) or a copy of the agreement

referred to in paragraph 44 (b).

(2) Where an application is made under this

section, the judge may rescind or vary an outstanding order made with respect

to the child.

PART V

GENERAL COURT MATTERS

Proceedings and

evidence

(1) A

proceeding under this Act

(

a) is civil in nature;

(

b) may be as informal as a judge may allow; and

(

c) shall be held in private, unless otherwise

ordered by the judge.

(2) In a proceeding under this Act, a judge may

admit and act upon

(

a) the evidence, including hearsay, that the

judge considers relevant and reliable in the circumstances;

(

b) an oral statement which has been video-taped;

(

c) a written statement;

(

d) a report the judge considers relevant,

including a transcript, exhibit or finding in an earlier civil or criminal

proceeding; and

(

e) evidence taken and a declaration made at a

prior proceeding under this Act or under a similar statute.

Method of proceeding

49. A

proceeding under this Act may be conducted by means of teleconference,

videoconference or other means of telecommunication.

Appearance in

court

50. A

manager or social worker may appear in court in respect of a matter arising under

this Act.

Application to be

heard

51. A

person significant to a child may apply to be heard at a proceeding under this

Act.

Publication ban

52. A

person shall not, with respect to a proceeding under this Act, publish or make

public information that has the effect of identifying

(

a) a child who is a witness at or a participant

in a proceeding or who is the subject of a proceeding;

(

b) the child's parent or foster parent; or

(

c) a member of the child's family.

Participation by

child

53. Where

a child who is the subject of a proceeding under this Act requests that his or

her views be known at the proceeding, a judge shall

(

a) meet with the child with or without the other

parties and their legal counsel;

(

b) permit the child to testify at the proceeding;

(

c) consider written material submitted by the

child; or

(

d) allow the child to express his or her views in

some other way.

Variation of

notice requirements

54. A

judge may

(

a) shorten the time period to serve a notice

under this Act; or

(

b) dispense with a requirement to serve notice of

a proceeding under this Act.

Service of documents

(1) Where

a manager, social worker or another person is required under this Act to serve

a document, service shall be made by personally serving a copy of the original

document on the person to be served.

(2) Where it is impractical to personally serve a

document on a person, the document may be served in another manner permitted by

the Rules of the Supreme Court, 1986 or

the rules of the 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.

Disclosure to

parties in court proceedings

(1) A

party to a proceeding under this Act shall disclose in a timely manner all the

information relevant to the proceeding in his or her possession where requested

to do so by another party to the proceeding.

(2) Information identifying a person who has made

a complaint to a manager or social worker, or who provided information to a manager

or social worker with respect to a child, shall not be disclosed unless the

person who provided the information consents or a judge orders its disclosure.

(3) Subsection (2) does not apply to information

identifying parties to a proceeding.

Confidentiality

of information

57. A

person shall not disclose, or be compelled to disclose, at a proceeding under

this Act, information obtained in a formal process under

section 13 or subsection 34 (1),

except

(

a) with the consent of all persons who

participated in the process;

(

b) to the extent necessary to make or implement a

plan with respect to a child;

(

c) where the information is disclosed in an

agreement filed with the court under subsection 34 (3);

(

d) where the disclosure is necessary for a

child's safety or is required under

section 11 .

Court order with

consent

(1) Where

a parent consents to an order made under this Act, a judge shall be satisfied

that

(

a) the opinion of the child has been considered;

and

(

b) the parent consenting to the order has been

informed that he or she may be represented by legal counsel and understands the

nature and consequences of the consent.

(2) A consent by a parent under this Act is not an

admission by the parent of a ground for protective intervention alleged by a manager

or social worker.

Consolidation of

matters

59. Where

a proceeding under this Act is taking place at the same time as custody of a

child is being determined under another Act, a party may apply to have the 2

matters heard together, whether the different proceedings are heard by the

Provincial Court or the Trial Division, but if a matter relates to an application

made under the Divorce Act (Canada),

the combined matter shall only be heard by the Trial Division.

Variation of order

60. Where

an order has been made under this Act, a judge may, upon application

accompanied by evidence to the satisfaction of the judge that the circumstances

relating to the child have changed since the original order was given, vary the

order.

Effect of out of

province order

61. Where

an order has been made by a judge in another province of Canada under legislative

provisions similar in effect to the provisions of this Act, the order has the

same effect in this province as if it were an order made under this Act, unless

the judge otherwise orders.

PART VI

PLACEMENT OF CHILDREN AND YOUTH

Placement considerations

(1) The

placement of a child or youth shall be conducted in a manner which is least

disruptive to the child or youth and recognizes the importance of placement

with siblings and contact with his or her family or other persons who are

significant to the child or youth.

(2) A manager or social worker shall first

consider placement of a child or youth with the child or youth's family or a

person with whom the child or youth has a significant relationship.

(3) Where a manager or social worker is satisfied

that a child or youth cannot be placed in accordance with subsection (2), the

child or youth shall be placed with a foster parent or in a residential placement.

Agreement for

services

(1) A

manager or social worker may make an agreement for services, including

financial support, with a person with whom a child or youth has been placed for

care.

(2) Where an agreement is made under subsection

(1) with a non-custodial parent, the non-custodial parent is not entitled to

financial support.

(3) A person who provides care under this Part

shall be approved by a manager or social worker.

Information re

child or youth's care

(1) A

manager or social worker shall provide information relevant to the care of a

child or youth to a person with whom a child or youth has been placed for care.

(2) A manager or social worker shall provide

relevant information concerning the foster parent or residential placement 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 manager or social worker,

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

Change of placement

of child or youth without notice

65. A

manager or social worker may remove a child or youth from a residential

placement or from the care of a foster parent with whom the manager or social

worker has placed the child or youth, without notice, where necessary for the

safety of the child or youth.

Counselling for

child or youth after removal

66. A

child or youth who is removed from a residential placement or from the care of

a person with whom a manager or social worker has placed the child or youth shall

be entitled to counselling.

PART VII

YOUTH SERVICES AGREEMENT

Youth services

agreement

(1) A

manager or social worker may enter into a written agreement for services with a

youth who, in the opinion of the manager or social worker, is in need of protective

intervention.

(2) Before an agreement under this

section is

signed, the manager or social worker shall ensure that the effect of the

agreement is explained to the youth.

(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 manager,

but shall not continue beyond the youth's completion of the high school program

or an equivalent program, or the youth's nineteenth birthday, whichever comes

first.

(4) Notwithstanding subsection (3), where the

youth has been in the care or custody of a manager on his or her sixteenth birthday,

the agreement may be extended until the age of 21, provided that the person is attending

an educational or rehabilitation program.

(5) Where a youth is provided with services, the

cost of those services may be recovered and an action or other proceeding for

the recovery of the cost may be commenced.

Effect of

agreement

68. Where

a manager or social worker enters into an agreement with a youth under this

Act, the agreement is binding on the youth and enforceable against him or her

notwithstanding he or she is less than 19 years of age.

PART VIII

CONFIDENTIALITY AND DISCLOSURE OF

INFORMATION

Access to Information and Protection of Privacy Ac t does not apply

69. Notwithstanding

the Access to Information and Protection

of Privacy Act , the use of, disclosure of and access to information in records

pertaining to the care and protection of children and youth obtained under this

Act, regardless of where the information or records are located, shall be governed

by this Act.

Definition

70. In

this Part, "information" means personal information obtained under

this Act or a predecessor Act which is held in government records by or is in

the custody of or under the control of the department, and includes information

that is written, photographed, recorded or stored in any manner.

Persons who may

obtain information

(1) A

person over 12 years of age has the right to and shall, on request, be given

information relating to himself or herself.

(2) A person over 12 years of age who is, or has

been, in the care or custody of a manager has the right to and shall, on

request, be given information relating to himself or herself including

(

a) information relating to his or her birth

family that the minister determines is appropriate to release;

(

b) the reasons why he or she was removed from his

or her parent and information relating to the continuation of a court order

relating to him or her; and

(

c) the identity of former foster parents or the

name of a former residential placement.

(3) A person who has custody of a child has the

right to and shall, on request, be given information about himself or herself and

the child.

(4) A person who had custody of a child has the

right to and shall, on request, be given information about himself or herself and

the child but only for the period of time that the person had custody.

(5) Where information excepted from disclosure

under

section 72 can reasonably be severed, a

person who is otherwise permitted to receive information under this

section shall

be given the remainder of the information.

Information not

to be disclosed

72. Notwithstanding

section 71 ,

(

a) the provincial director or a manager shall not

disclose information where

(

i) the disclosure is prohibited under the Adoption Act,

(ii) there are reasonable grounds to believe that

the disclosure might result in physical or emotional harm to that person or to

another person,

(iii) the disclosure would identify a person who

made a report under

section 11 , or

(iv) the disclosure could reasonably be expected to

jeopardize an investigation under this Act or a criminal investigation; and

(

b) the provincial director or a manager may

refuse to disclose information that is a transitory record as defined in the Management of Information Act .

Disclosure

without consent

73. The

provincial director or a manager may, without the consent of another person,

authorize the disclosure of information obtained under this Act if the disclosure

(

a) necessary to ensure the safety, health or well-being

of a child;

(

b) provided to persons with whom a child or youth

has been placed for care;

(

c) necessary for the administration of this Act;

(

d) for research or evaluation purposes and the

person to whom that information is disclosed has signed an agreement to comply

with conditions set by the minister.

Right to information

and information sharing

(1) A

manager or social worker has the right to information with respect to a child

or a youth that is in the custody of or under the control of a public body, as defined in the Access to Information and Protection of

Privacy Act, or a person and that is necessary to enable the manager or

social worker to exercise his or her powers or perform his or her duties or

functions under this Act.

(2) A

public body or a person referred to in subsection (1) that has custody or

control of information to which a manager or social worker is entitled under

subsection (1) shall disclose that information to the manager or social worker.

(3) Notwithstanding

subsections (1) and (2), information that is subject to solicitor-client

privilege is not required to be disclosed unless the information is required to

be disclosed under

section 11 .

(4) Notwithstanding

subsections (1) and (2), a peace officer may refuse to disclose information

where

(

a) the disclosure would be an offence under an

Act of Parliament; or

(

b) the disclosure would be harmful to law

enforcement or could reasonably be expected to interfere with public safety

unless the information is required to be disclosed under

section 11 .

(5) The minister may enter into an agreement with the

Nunatsiavut Government with respect to the access to or disclosure of information under this Act.

Internal review

(1) The

minister shall appoint a person to perform an internal review of a matter

referred to in subsection (2).

(2) A person who requests information under

section 71 and who is not given the information

requested may apply to a person appointed under subsection (1) for an internal

review of the refusal to give that information.

(3) An application under subsection (2) shall be

made in writing no later than 30 days after the person is notified that he or

she will not be given the information requested.

(4) An internal review shall be performed within 30

days of the receipt of the written application, and the results of an internal

review shall be provided to the person who requested the review, in writing,

within 5 business days of being decided.

(5) An appeal lies from the decision of the person

conducting the internal review to a judge of the Trial Division.

PART IX

OFFENCES AGAINST CHILDREN

General offence

76. A

person who by commission or omission wilfully contributes to a child being a

child in need of protective intervention is guilty of an offence and liable on

summary conviction to a fine not exceeding $10,000 or to imprisonment for

a term not exceeding 6 months, or to both a fine and imprisonment.

Contributing to

an offence

77. A

person who sells, gives or causes to come into the possession of a child

(

a) a drug which is or, in quantity, may be,

harmful to the child;

(

b) an obscene book or other printed material,

copies or written obscene matter;

(

c) an obscene picture, photograph, or

pornographic material, model or pornographic material available through

electronic means; or

(

d) another obscene object,

is guilty of an offence and liable on

summary conviction to a fine not exceeding $10,000, or to imprisonment for a

term not exceeding 6 months, or to both a fine and imprisonment.

Offence to remove

a child or youth from manager

78. A

person shall not remove or attempt to remove a child or youth, or entice a

child or youth to leave, the care or custody of a manager, or harbour a child

who has left the care or custody of the manager.

Liability for an

offence

79. 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

section 17 or 18

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.

PART X

ACCOUNTABILITY PROVISIONS

Statutory

review

80 .

(1) The minister shall, every 5 years, conduct a review of this Act and the

principles on which it is based and consider the areas which may be

improved.

(2) A review conducted under subsection (1) shall include public

consultations.

Monitoring

plans for children in care or custody

There shall be a process to regularly monitor plans for children who are

under the supervision or in the custody of a manager.

Statutory review

80. The

minister shall, every 5 years, conduct a review of this Act and the principles

on which it is based and consider the areas which may be improved.

Monitoring plans

for children in care or custody

81. The

minister shall develop a process to monitor plans for children who are under

the supervision or in the custody of a manager.

Appeals

82. An

appeal lies from a decision of a judge under this Act to

(

a) the Trial Division where the order, decision

or judgment under appeal was made by a Provincial Court judge; or

(

b) the Court of Appeal where

the order, decision or judgment under appeal was made by a judge of the Trial

Division,

and the provisions of the Judicature

Act and the applicable rules of court shall govern the proceedings on the

appeal.

PART XI

REGULATIONS

Regulations

83. The

minister may make regulations to give effect to the purpose of this Act.

PART XII

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Transitional provisions

(1) Where

a director appointed under the Child,

Youth and Family Services Act has entered into an agreement, the agreement,

on the coming into force of this Act, shall be considered to have been entered

into by the manager having responsibility under this Act.

(2) Where a child or youth was under the

supervision or in the care or custody of a director appointed under the Child, Youth and Family Services Act under

an order made under the Child, Youth and

Family Services Act, the manager having responsibility for the area in

which the child or youth ordinarily resides shall on the coming into force of

this Act have supervision, care or custody of that child or youth.

(3) An order made and a proceeding commenced under

the Child, Youth and Family Services Act

shall, on the coming into force of this Act, be considered to be an order made

and a proceeding commenced under this Act.

Consequential

amendments

(1) Paragraph 2(o.1) of the Adoption Act is repealed.

(2) Section 2 of the Adoption Act is amended by adding immediately after paragraph (

p) the following:

(p.1) "manager" means a manager appointed

under the Children and Youth Care and Protection

Act ;

(3) Subsection 10(3) of the Adoption Act is repealed and the following substituted:

(3) Where a child is in the continuous custody of

a manager , the only consents required

for the adoption of that child are those of the manager, and of the child,

where that child is 12 years of age or older.

(4) The Adoption

Act is amended by deleting the words "director of child, youth and

family services" wherever they occur and substituting the word

"manager".

(5) Subparagraphs 2(d)(iv) and (

v) of the Child Care Services Act is repealed and

the following substituted:

(iv) the child's foster

parent as defined in the Children and

Youth Care and Protection Act, or

(

v) a person employed by the parent, guardian,

relative or foster parent referred to in subparagraphs (

i) to (iv) to care for

the child in the child's home;

(6) Section 27 of the Children's Law Act is repealed and the following substituted:

Application to

court

(1) A

parent of a child, or other party, as specified in paragraphs 69(4)(

b) to (d),

may apply to a court for an order respecting custody of or access to the child

or determining an aspect of the incidents of custody of the child.

(2) Notwithstanding subsection (1), an application

respecting custody of or access to a child may not be made under this Act where

the child is the subject of an order for continuous custody under the Children and Youth Care and Protection Act.

(7) Subsection 40(1) of the Children's Law Act is amended by deleting the words "a director

of child, youth and family services under the Child, Youth and Family Services Act " and substituting the

words "a manager appointed under the Children

and Youth Care and Protection Act".

(8) Subsection 40(2) of the Children's Law Act is repealed and the following substituted:

(2) A court shall not direct a person or a manager

appointed under the Children and Youth

Care and Protection Act to supervise custody or access as mentioned in

subsection (1) unless the person or manager has consented to act as supervisor.

(9) Subsection 40(3) of the Children's Law Act is amended by deleting the words "A

director of child, youth and family services under the Child, Youth and Family Services Act " and substituting the

words "A manager appointed under the Children

and Youth Care and Protection Act".

(10) Subsection 69(1) of the Family Law Act is amended by deleting the words "a director of

child, youth and family services under the Child,

Youth and Family Services Act " and substituting the words "a

manager appointed under the Children and

Youth Care and Protection Act".

(11) Paragraph 4(2)(

f) of the Public Trustee Act, 2009 is repealed and the following substituted:

(

f) act as guardian of the

estate of a minor who is in the continuous custody of a manager under the Children and Youth Care and Protection Act ;

(12) Paragraph 5(

e) of the Access to Information Regulations is repealed and the following substituted:

(

e) sections 69 to 74 of the Children and Youth Care and Protection Act ;

Repeal

(1) The Child, Youth and Family Services Act is repealed.

(2) Sections 9 to 15 of

An Act to Amend the Adoption Act, the Child Care Services Act, the

Child, Youth and Family Services Act and the Regional Health Authorities

Regulations , SNL2009 c26, are repealed.

Commencement

87. This Act or a Part,

section or subsection,

paragraph or subparagraph of this Act comes into force on a day or days to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer