Child, Family and Community Service Act

781755088/96046/tlc96046_f

E4tlc96046

Introductory Provisions

Definitions and

interpretation

In this Act:

care , when used in relation to the care of a child by a director or another person, means physical care and control of the child;

caregiver means a person with whom a child is placed by a director and who, by agreement with the director, is authorized to carry out the rights and responsibilities, under the agreement, of the director;

child means a person under 19 years of age and includes a youth;

child in care means a child who is in the custody, care or guardianship of a director or a director of adoption;

continuing custody order means an order under

section 41 (1) (d), 42.2 (4) (

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

a) placing a child in the continuing custody of a director;

court means the Provincial Court except where this Act provides otherwise;

custody includes care and guardianship of a child;

designated representative , when used in relation to a First Nation, the Nisg̱a'a Lisims Government, a Treaty First Nation or another Indigenous community, means a representative designated in accordance with the regulations;

director means a person designated by the minister under

section 91, 91.1 or 91.2;

director of adoption means a person designated by the minister under the Adoption Act as a director of adoption;

dwelling means all or part of any premises, vehicle or vessel that is kept or occupied as a permanent or temporary residence;

family conference means a conference convened under

section 20;

family conference coordinator means a person designated by a director for the purpose of convening family conferences;

federal Act means

An Act respecting First Nations, Inuit and Métis children, youth and families (Canada);

First Nation child means a child

who is a member or is entitled to be a member of a First Nation, or

who an Indigenous authority confirms, by advising a director, is a child belonging to a First Nation;

former Act means the Family and Child Service Act , S.B.C. 1980, c. 11;

guardianship includes all the rights, duties and responsibilities of a parent;

health care means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;

health care provider includes a person licensed, certified or registered in British Columbia or in another province or state to provide health care;

Indigenous authority means a body or entity, including an Indigenous governing body, that is authorized by an Indigenous governing body to provide Indigenous child and family services under Indigenous law;

Indigenous child means a child

who is a First Nation child,

who is a Nisg̱a'a child,

who is a Treaty First Nation child,

who is under 12 years of age and has a biological parent who

is of Indigenous ancestry, including Métis and Inuit, and

considers themselves to be an Indigenous person,

who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers themselves to be an Indigenous person, or

who an Indigenous governing body or Indigenous authority confirms, by advising a director, is a child belonging to an Indigenous community;

Indigenous child and family services means services provided by an Indigenous authority to support Indigenous children and families, including prevention services, early intervention services and child protection services;

Indigenous governing body has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous law means a law in relation to Indigenous child and family services that is made in respect of Indigenous children and families by an Indigenous governing body in accordance with the law-making authority of the Indigenous governing body;

interim order means an order made under

section 28 (5.1), 33.2 (2), 35 (2) (a), (

b) or (d), 36 (3) (

a) or (b), 42.1 (6) or 98 (7.1);

parent includes

a person to whom guardianship or custody of a child has been granted by a court of competent jurisdiction or by an agreement, and

a person with whom a child resides and who stands in place of the child's parent or guardian,

but does not include a caregiver, prospective adoptive parent or director;

personal health information means information about an identifiable person that is in oral, physical or electronic form, or any other form, and is related to

the person's mental or physical health,

the provision of health care to the person, or

the health history of the person's family;

place of confinement means

a correctional centre, youth custody centre or other lawful place of confinement, or

a Provincial mental health facility or psychiatric unit under the Mental Health Act ;

plan for independence means a plan relating to a youth that

contains the information required under

section 12.2, and

is prepared in accordance with the regulations;

plan of care means a plan relating to a child that

contains the information required under the regulations, and

is prepared in accordance with the regulations;

police officer means a person who

under the Police Act is a provincial constable or municipal constable or has the powers of a provincial constable or municipal constable, or

is a member of the military police of the Canadian Armed Forces;

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;

prospective adoptive parent means a person with whom a child is placed for adoption under

section 4 (2) of the Adoption Act and who, by agreement with a director, is authorized to carry out the rights and responsibilities, under the agreement, of the director;

protective intervention order means an order made under

section 28;

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

section 30, 36 or 42;

residential service means accommodation and associated supervision provided for a child in a foster home or other place away from the home of the child's parent;

restraining order means an order made under

section 98;

safety plan agreement means an agreement made under Division 1.1 of

Part 3;

specified adult means a person 19 years of age or over for whom any of the following services were provided while the person was a child:

services under this Act;

Indigenous child and family services;

supervision order means an order made under

section 33.2 (2), 35 (2) (

b) or (d), 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 54.01 (10) 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 (

c) or 54.01 (9) (

b) or (

c) 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;

Treaty First Nation , in relation to a Treaty First Nation child, means the Treaty First Nation of which the child is a Treaty First Nation child;

youth means a person who is 16 years of age or over but is under 19 years of age.

A reference in this Act to an order made under a provision of this Act includes a reference to the corresponding order made by consent under

section 60.

Guiding principles

This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles:

children are entitled to be protected from abuse, neglect and harm or threat of harm;

a family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents;

b.1

Indigenous families and Indigenous communities share responsibility for the upbringing and well-being of Indigenous children;

if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided;

the child's views should be taken into account when decisions relating to a child are made;

kinship ties and a child's attachment to the extended family should be preserved if possible;

Indigenous children are entitled to

learn about and practise their Indigenous traditions, customs and languages, and

belong to their Indigenous communities;

decisions relating to children should be made and implemented in a timely manner.

Service delivery principles

The following principles apply to the provision of services under this Act:

families and children should be informed of the services available to them and encouraged to participate in decisions that affect them;

in the planning and delivery of services to Indigenous children and families, there should be consultation and cooperation with Indigenous peoples and Indigenous governing bodies;

b.1

services should be planned and provided in ways that prevent discrimination prohibited by the Human Rights Code and that promote substantive equality, respect for rights and culture and, in the case of Indigenous children, cultural continuity;

services should be planned and provided in ways that are sensitive to the needs and the cultural, racial and religious heritage of those receiving the services;

c.1

the impact of residential schools on Indigenous children, families and communities should be considered in the planning and delivery of services to Indigenous children and families;

services should be integrated, wherever possible and appropriate, with services provided by government ministries, community agencies and Community Living British Columbia established under the Community Living Authority Act ;

d.1

services to Indigenous children and families should be provided in a coordinated manner with Indigenous child and family services provided by Indigenous authorities;

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;

services for specified adults should be planned and provided

using an approach that is strengths-based, trauma-informed and led by the specified adult and, in the case of an Indigenous specified adult, supports cultural continuity and a connection to the land, and

in a way that recognizes the importance of housing, mental health and lived experience and makes all reasonable efforts to connect specified adults to services.

Best interests of child

Where there is a reference in this Act to the best interests of a child, all relevant factors must be considered in determining the child's best interests, including for example:

the child's safety;

the child's physical and emotional needs and level of development;

the importance of continuity in the child's care;

the quality of the relationship the child has with a parent or other person and the effect of maintaining that relationship;

the child's cultural, racial, linguistic and religious heritage;

the child's views;

the effect on the child if there is delay in making a decision.

If the child is an Indigenous child, in addition to the relevant factors that must be considered under subsection (1), the following factors must be considered in determining the child's best interests:

the importance of the child being able to learn about and practise the child's Indigenous traditions, customs and language;

the importance of the child belonging to the child's Indigenous community.

1.1

Introductory Provisions Relating to Indigenous Laws and Indigenous Children

Self-government principles

4.1

This Act must be interpreted and administered in accordance with the following principles:

Indigenous peoples have an inherent right of self-government, including self-determination, that is recognized and affirmed by

section 35 of the Constitution Act, 1982 and by the United Nations Declaration on the Rights of Indigenous Peoples ;

the inherent right of self-government includes jurisdiction in relation to Indigenous child and family services, law-making authority in relation to those services and authority to administer and enforce laws made under that law-making authority;

Indigenous laws have the force of law in British Columbia.

Indigenous laws prevail in relation to Indigenous child and family services

4.2

Subject to sections 4.3 (4) and 4.4 (1) and (2), if there is a conflict or inconsistency between this Act and an Indigenous law in a circumstance where an Indigenous authority is providing, or intending to provide, Indigenous child and family services under the Indigenous law, the Indigenous law prevails to the extent of the conflict or inconsistency.

Duties respecting Indigenous children

4.3

When exercising powers and performing duties under this Act, a director must promptly take all reasonable steps to confirm whether a child is an Indigenous child.

If a child is an Indigenous child, a director must promptly take all reasonable steps to obtain information about and confirm whether there is

an Indigenous authority with jurisdiction for Indigenous child and family services in relation to the child, and

an applicable Indigenous law in relation to the child.

If there is an applicable Indigenous law in relation to an Indigenous child, a director must promptly take steps when an Indigenous authority is to provide Indigenous child and family services in relation to the child, including by

referring a report in accordance with

section 16,

withdrawing from a proceeding in accordance with

section 33.05, or

proceeding in accordance with sections 50.02 and 50.04.

If a director provides services under this Act in relation to an Indigenous child to whom an Indigenous law applies, the director must provide the services as follows, as applicable:

subject to

section 4.4 (2) and (3), in a manner that is consistent with the Indigenous law,

if the Indigenous law is provided in writing to the director, or

if the Indigenous law is not provided in writing to the director, in accordance with an agreement referred to in paragraph (

b) of this subsection;

in accordance with an agreement

entered into under this Act, or

referred to in Division 1 of

Part 7.

Considerations in relation to duties and the provision of services

4.4

An Indigenous law does not have the effect of imposing specific duties or restrictions on a director, or requiring that specific services be provided or not provided by a director, unless an applicable agreement referred to in

section 4.3 (4) (

b) has that effect.

When providing services in a manner described in

section 4.3 (4) (a), a director remains subject to this Act and must act in accordance with applicable laws, including the federal Act and the Canadian Charter of Rights and Freedoms .

If a director considers that it is not possible to act in accordance with applicable laws as described in subsection (2), the director must notify the Indigenous authority and, if requested by the Indigenous authority, provide written reasons to the Indigenous authority.

Disputes relating to Indigenous laws

4.5

In the event of a dispute under this Act about the application of an Indigenous law or whether a director's provision of service is consistent with an Indigenous law,

a director must ensure that the dispute does not disrupt the provision of services under this Act while the dispute is being resolved, and

the director must consult and cooperate with Indigenous authorities to resolve the dispute in a timely manner and must give due consideration to the Indigenous laws, or the Indigenous customs, practices and traditions, of the Indigenous peoples or communities.

Voluntary Services or Support for Families

Services or support for families

A director may make a written agreement with the parent of a child for the provision of services or support to assist the family to care for the child.

1.1

If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

if the child is a First Nation child, the First Nation;

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village;

if the child is a Treaty First Nation child, the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

1.2

If, under subsection (1.1), a party is included in an agreement,

the agreement must include

a description of the party's role in the agreement, and

conditions on the use, disclosure and security of information provided under the agreement to the party, and

a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

The services may include, but are not limited to, the following:

services for children and youth;

counselling;

in-home support;

respite care;

parenting programs;

services to support children who witness domestic violence.

The initial term of the agreement must not exceed 6 months, but the agreement may be renewed for terms of up to 6 months each.

Voluntary care agreements

A director may make a written agreement with a parent who has custody of a child and is temporarily unable to look after the child in the home.

Under the agreement, the parent may give the care of the child to the director and delegate to the director as much of the parent's authority as the child's guardian as is required to give effect to the agreement.

2.1

If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

if the child is a First Nation child, the First Nation;

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village;

if the child is a Treaty First Nation child, the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

2.2

If, under subsection (2.1), a party is included in an agreement, a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

If possible, the director must

find out the child's views about the agreement and take them into account, and

explain the effect of the agreement to the child before the agreement is signed.

Before making the agreement, the director must

consider whether a less disruptive way of assisting the parent to look after the child, such as by providing available services in the child's own home, is appropriate in the circumstances, and

consider whether the agreement is in the child's best interests.

The agreement must include the following:

a description of the plan of care for the child, including where the child will be placed;

a promise by the director to keep the parent informed of the child's progress and to involve the parent in decisions affecting the child;

a promise by the parent to maintain contact with the child, including the details of the contact;

if, under subsection (2.1), a party is included in an agreement,

a description of the party's role in the agreement, and

conditions on the use, disclosure and security of information provided under the agreement to the party.

The initial term of the agreement must not exceed

3 months, if the child is under 5 years of age on the date the agreement is signed, or

6 months, in any other case.

The agreement may be renewed but the total duration of all consecutive agreements with all directors, and all renewals to all agreements, relating to the same child must not exceed, from the date the first agreement was signed,

12 months, if the child or the youngest child who is the subject of the agreement was under 5 years of age on that date,

18 months, if the child or the youngest child who is the subject of the agreement was 5 years of age or over but under 12 years of age on that date, or

24 months, if the child or the youngest child who is the subject of the agreement was 12 years of age or over on that date.

If the parent does not resume care of the child when the agreement ends, the term of the agreement is extended for 30 days despite subsections (6) and (7).

Special needs agreements

A director may make a written agreement with a parent who has custody of a child with special needs.

Under the agreement, the parent may give the care of the child to the director and delegate to the director as much of the parent's authority as the child's guardian as is required to give effect to the agreement.

2.1

If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

if the child is a First Nation child, the First Nation;

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village;

if the child is a Treaty First Nation child, the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

2.2

If, under subsection (2.1), a party is included in an agreement, a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

Section 6 (3) to (5) and (8) applies to an agreement under this section.

The initial term of the agreement must not exceed 6 months, but the agreement may be renewed for terms of up to 12 months each.

Agreements with child's kin and others

A director may make a written agreement with a person who

has established a relationship with a child or has a cultural or traditional responsibility toward a child, and

is given care of the child by the child's parent.

The agreement may provide for the director to contribute to the child's support while the child is in the care of the person referred to in subsection (1).

If a director makes an agreement under subsection (1), the following may be included as a party to the agreement:

the child's parent;

in the case of the child being an Indigenous child,

if the child is a First Nation child, the First Nation,

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village,

iii

if the child is a Treaty First Nation child, the Treaty First Nation, or

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

If, under subsection (3), a party is included in an agreement,

the agreement must include

a description of the party's role in the agreement, and

in the case of a party referred to in subsection (3) (b), conditions on the use, disclosure and security of information provided under the agreement to the party, and

a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

Not in force. Repealed.

9-10

[Not in force. Repealed 1999-26-37.]

Capacity to make agreements and enforceability of agreements

A parent under 19 years of age may make an agreement under

section 5, 6 or 7 with a director.

An agreement made by a director under

section 5, 6 or 7 with a person under 19 years of age is enforceable against that person.

Agreements do not limit court's power

An agreement does not limit the court's power to hear an application and make an order about a child.

2.1

Youth and Adult Support Services and Agreements

Youth Support Services and Agreements

Support services for youth

12.1

A director may establish support services for youth, including but not limited to safe houses, outreach services and supported living arrangements.

Agreements with youth

12.2

Subject to the regulations, a director may make a written agreement with a youth who needs assistance and who

cannot, in the director's opinion, be re-established in the youth's family, or

has no parent or other person willing or able to assist the youth.

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

residential, educational or other support services;

financial assistance.

2.1

If a director makes an agreement under subsection (1) respecting a youth who is an Indigenous child, the following may be included as a party to the agreement:

if the youth is a First Nation child, the First Nation;

if the youth is a Nisg̱a'a child, the Nisg̱a'a Nation or the youth's Nisg̱a'a Village;

if the youth is a Treaty First Nation child, the Treaty First Nation;

if the youth is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the youth's Indigenous community.

2.2

If, under subsection (2.1), a party is included in an agreement,

the agreement must include

a description of the party's role in the agreement, and

conditions on the use, disclosure and security of information provided under the agreement to the party, and

a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

The agreement must include a plan for independence that contains

a description of the support services or financial assistance, or both, that are to be provided by the director,

the goals to be met by the youth, and

any other contents specified by regulation.

Before making the agreement, the director must

consider whether the agreement is in the youth's best interests, and

recommend that the youth seek advice from an independent third party.

The initial term of the agreement must not exceed 3 months, but the agreement may be renewed for terms of up to 6 months each.

No agreement under this

section continues beyond the youth's nineteenth birthday.

An agreement made by a director under this

section with a youth is enforceable against the youth.

An agreement made by a director under this

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

For the purpose of this section, youth includes a person who

is under 16 years of age, and

is married or is a parent or expectant parent.

Adult Support Services and Agreements

Agreements with specified adults

12.3

Subject to the regulations, a director may make a written agreement with a specified adult.

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

financial assistance that the specified adult may use for any purpose;

support services or financial assistance, or both, to assist the specified adult

to secure housing and remain housed,

to participate in a program or activity that is prescribed by regulation, or

iii

to meet other needs while receiving services or assistance described in subparagraph (

i) or (ii).

Agreements for the benefit of specified adults

12.4

Subject to the regulations, a director may, for the benefit of a specified adult who needs assistance to secure appropriate housing or remain housed, make a written agreement with a person who

provided residential services for the specified adult while the specified adult was a child, and

agrees to provide housing for the specified adult.

The agreement

may provide for payments to be made to the person described in subsection (1) in relation to the provision of housing for the specified adult, and

must provide that the director may terminate the agreement if the director considers that the specified adult no longer needs assistance to secure appropriate housing and remain housed.

Child Protection

Responding to Reports

When protection is needed

A child needs protection in the following circumstances:

if the child has been, or is likely to be, physically harmed by the child's parent;

if the child has been, or is likely to be, sexually abused or exploited by the child's parent;

if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling or unable to protect the child;

if the child has been, or is likely to be, physically harmed because of neglect by the child's parent;

if the child is emotionally harmed by

the parent's conduct, or

living in a situation where there is domestic violence by or towards a person with whom the child resides;

if the child is deprived of necessary health care;

if the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment;

if the child's parent is unable or unwilling to care for the child and has not made adequate provision for the child's care;

if the child is or has been absent from home in circumstances that endanger the child's safety or well-being;

if the child's parent is dead and adequate provision has not been made for the child's care;

if the child has been abandoned and adequate provision has not been made for the child's care;

if the child is in the care of a director or another person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no longer in force.

1.1

For the purpose of subsection (1) (

b) and (

c) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,

encouraged or helped to engage in prostitution, or

coerced or inveigled into engaging in prostitution.

1.2

For the purpose of subsection (1) (

a) and (

c) but without limiting the circumstances that may increase the likelihood of physical harm to a child, the likelihood of physical harm to a child increases when the child is living in a situation where there is domestic violence by or towards a person with whom the child resides.

For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe

anxiety,

depression,

withdrawal, or

self-destructive or aggressive behaviour.

For certainty, a child does not need protection in the circumstances described in subsection (1) (

d) or (

h) solely on the basis of socioeconomic conditions, including the following:

poverty;

the lack of adequate housing or infrastructure;

the state of health of a parent of the child.

Duty to report need for protection

Subject to subsection (1.1), a person who has reason to believe that a child, including an Indigenous child, needs protection under

section 13 must promptly report the matter to a director or a person designated by a director.

1.1

A person who has reason to believe that an Indigenous child needs protection under

section 13 and who reports the matter to an Indigenous authority is not required to report the matter to a director, or a person designated by a director, under subsection (1) of this

section if the Indigenous authority confirms to the person that the Indigenous authority will assess the information in the report.

Subsection (1) applies even if the information on which the belief is based

is privileged, except as a result of a solicitor-client relationship, or

is confidential and its disclosure is prohibited under another Act.

A person who contravenes subsection (1) commits an offence.

A person who knowingly reports to a director, or a person designated by a director, false information that a child needs protection commits an offence.

No action for damages may be brought against a person for reporting information under this

section unless the person knowingly reported false information.

A person who commits an offence under this

section is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.

The limitation period governing the commencement of a proceeding under the Offence Act does not apply to a proceeding relating to an offence under this section.

If a young child breaks the law

A police officer may take charge of a child and deliver the child to a parent if the police officer considers that the child

is under 12 years of age, and

has acted in a manner prohibited by law or has failed or refused to act in a manner required by law.

If the child has killed, assaulted or endangered another person, the police officer must report the circumstances to a director, and, in any other case, may report the circumstances to a director.

Finding out if a child needs protection

On receiving a report about a child under

section 14, 15 or 27, a director must determine whether to refer the report

to another director, or

if the child is an Indigenous child, to an applicable Indigenous authority.

1.1

The director must not make a determination to refer the report as set out in subsection (1) (

b) unless the Indigenous authority confirms that an Indigenous law applies to the child and that the Indigenous authority will assess the information in the report.

1.2

If the director makes a determination to refer the report as set out in subsection (1),

the director must refer the report promptly,

in the case of a referral to another director, the other director must assess the information in the report, and

in the case of a referral to an Indigenous authority, the director must inform the person who made the report that the director has referred the report to the Indigenous authority.

1.3

If the director refers the report as set out in subsection (1) (b), the director ceases to have the obligation to assess the information in the report.

1.4

If the director makes a determination under subsection (1) not to refer the report, the director must assess the information in the report.

After the assessment under subsection (1.2) (

b) or (1.4), the director may

offer support services and agreements, other than a safety plan agreement, to the child and family,

refer the child and family to any of the following:

a community agency;

in the case of an Indigenous child, an Indigenous authority or,

if the child is a First Nation child, the First Nation,

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation,

if the child is a Treaty First Nation child, the Treaty First Nation, or

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the child's Indigenous community;

iii

any person the director considers appropriate,

b.1

conduct an assessment of the family respecting

the child's safety, and

whether it is necessary to provide to the family available services to

support and assist the family to care for the child, and

make the family safe for the child,

investigate the child's need for protection, or

refer the report, in the case of an Indigenous child, to the applicable Indigenous authority.

2.1

The director must not refer the report to an Indigenous authority as set out in subsection (2) (

d) unless the Indigenous authority confirms that

an Indigenous law applies to the child, and

the Indigenous authority will assess the information in the report.

2.2

If the director refers the report to an Indigenous authority as set out in subsection (2) (d), the director must inform the person who made the report that the director has referred the report to the Indigenous authority.

2.3

If the director refers the report as set out in subsection (2) (d), the director ceases, with respect to the report, to have the obligation to commence, continue or conclude an assessment as set out in subsection (2) (b.1) or an investigation as set out in subsection (2) (c), as applicable.

2.4

If a director makes an agreement under

section 92.1 (2) (a) (ii) or (iii) with a First Nation, the Nisg̱a'a Nation, a Treaty First Nation or a legal entity representing another Indigenous community, the director must, with respect to an Indigenous child of the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community, conduct an assessment under subsection (2) (b.1) of this

section or investigate under subsection (2) (

c) of this

section in accordance with the agreement.

The director must make all reasonable efforts to report the result of the assessment under subsection (2) (b.1) or investigation under subsection (2) (

c) to

the parent apparently entitled to custody of the child,

the person who reported the information that led to the assessment or investigation,

b.1

if the director conducts the assessment or investigates as set out in subsection (2.4) of this section, the First Nation, Nisg̱a'a Nation, Treaty First Nation or legal entity representing the Indigenous community who is a party to the agreement made under

section 92.1 (2) (a) (ii) or (iii), and

any other person or community agency if the director determines this is necessary to ensure the child's safety or well-being.

In addition, the director may report the result of the assessment or investigation to the child if the child is capable of understanding the information.

Subsections (3) and (4) do not apply

if reporting the result of the assessment or investigation would, in the opinion of the director, cause physical or emotional harm to any person or endanger the child's safety, or

if a criminal investigation into the matter is underway or contemplated.

If director is denied access to child

On application by a director, the court may make an order under this

section if

there are reasonable grounds to believe a child needs protection,

a person refuses

to give a director access to the child, or

to provide a director with all the information known to the person that may assist the director in locating the child, and

access to the child is necessary to determine if the child needs protection.

In an order under this section, the court may do one or more of the following:

authorize the director, a police officer or a person specified in the order to, by force if necessary, enter the premises or vehicle or board the vessel specified in the order and to search for the child;

require a person to disclose all the information known to the person that may assist the director in locating the child;

require a person to allow the director or another person to interview or to visually examine the child, or to do both;

authorize the director to take the child away from the premises, vehicle or vessel for an interview or medical examination;

authorize a medical practitioner or other health care provider to examine the child.

The court may attach any terms or conditions to an order under this section.

If the child is taken away from the premises, vehicle or vessel for an interview or medical examination, the director must return the child to the parent when the interview or medical examination is completed unless the director proceeds under

section 30.

At the request of a director, a police officer must assist in enforcing an order made under subsection (2).

If location of child is not disclosed

If a person does not comply with an order under

section 17 (2) (

b) or (c), the court may issue a warrant for the person's arrest to bring the person before the court to explain why the order should not be enforced.

Unless the court is satisfied when the person appears before the court that the person is for valid reasons unable to comply with the order, the court may order that the person be imprisoned for the shorter of the following periods:

until the person complies with the order;

30 days.

Orders for access or warrants may be obtained by telephone

A director may apply to a judge of the court in person, by telephone or by any other means of telecommunication for an order under

section 17 or 63.

If a judge of the court is not available,

a director may apply in person, by telephone or by any other means of telecommunication to a justice of the peace, designated for the purpose by the chief judge of the court, for an order under

section 17 or 63, and

the justice may make the order or issue the warrant.

1.1

Safety Plan Agreements

When safety plan agreement may be made

19.1

In this section, assessment or investigation means an assessment or investigation conducted under

section 16 (2) (b.1) or (c).

A director may make a safety plan agreement in accordance with this Division and the regulations, if any, for the protection of a child's health or safety in any of the following circumstances:

the director is conducting an assessment or investigation in relation to the child;

further to an assessment or investigation in relation to the child,

the director has applied under the Act for a court order that the director considers adequate to protect that child,

the director has not withdrawn the application, and

iii

the court has not made a decision with respect to the application.

Parties to safety plan agreement

19.2

Subject to subsection (2), the following persons must be parties to a safety plan agreement:

a director;

each parent who, in the director's opinion, meets all of the following criteria:

the parent is apparently entitled to custody of the child to whom the agreement relates;

the parent has rights and responsibilities as a parent with custody that may be affected by the agreement;

iii

the parent can be located;

the parent is able and willing to exercise the rights and responsibilities of a parent with custody.

If a child has no parents as described in subsection (1) (b), then the first of the following that applies must be a party to a safety plan agreement:

at least one parent who, in the director's opinion, would be a parent under subsection (1) (

b) except that the parent has no rights or responsibilities as a parent with custody that may be affected by the agreement;

at least one parent with care of the child to whom the agreement relates.

If a director makes a safety plan agreement respecting an Indigenous child, the following may be included as a party:

if the child is a First Nation child, the First Nation;

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village;

if the child is a Treaty First Nation child, the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

Without limiting subsection (3), a person may be included as a party to a safety plan agreement if the person is one of the following:

a person who has a right to contact or access the child to whom the agreement relates under either of the following:

a court order;

an agreement that is enforceable as an order under the Family Law Act ;

a parent of the child to whom the agreement relates who is not a party under subsection (1) (

b) or (2).

A person described in subsection (1) (b), (2) or (4) who is under 19 years of age may make a safety plan agreement with a director.

Content of safety plan agreement

19.3

A safety plan agreement must include all of the following:

the reasons for which the agreement is made;

the name of each party and a description of each party's role;

if, under

section 19.2 (3), a party is included in the agreement, the conditions on the use, disclosure and security of information provided under the agreement to the party;

an acknowledgement that each party may seek independent legal advice at any time with respect to the agreement;

the term of the agreement, which must not exceed 45 days;

a requirement for a party other than the director to inform the director, within the number of days in advance stated in the agreement, before withdrawing from the agreement;

prescribed content, if any.

the care of, and access to, the child to whom the agreement relates;

the actions that a party will take or refrain from taking to protect the health or safety of the child to whom the agreement relates;

the provision or receipt, by a party, of referrals, services and support;

prescribed matters, if any.

Making a safety plan agreement

19.4

A safety plan agreement may be made verbally or in writing.

Before making a safety plan agreement, the director must inform each parent who is proposed to be a party to the agreement under

section 19.2 (1) (

b) or (2), as applicable, that the parent may seek independent legal advice at any time with respect to the agreement.

As soon as practicable after making a safety plan agreement, the director must do all of the following:

if the agreement was made verbally, prepare a written copy of the agreement;

make all reasonable efforts to provide a copy of the written agreement to each party;

for each party referred to in

section 19.2 (1) (

b) or (2), as applicable, and

section 19.2 (4), if any, make all reasonable efforts to obtain the party's

signature on the agreement, or

A safety plan agreement is effective as it applies to a party

whether or not the party, or any other party, signs a written agreement or gives written confirmation as described in subsection (3) (c).

Director's withdrawal from safety plan agreement

19.5

A director must withdraw from a safety plan agreement if an assessment or investigation referred to in

section 19.1 (2) has concluded and any of the following circumstances apply:

the director is not applying for an order described in

section 19.1 (2) (b);

the director withdraws an application for an order described in

section 19.1 (2) (b);

the court has made a decision with respect to an application for an order described in

section 19.1 (2) (b).

A director may withdraw from a safety plan agreement at any time, verbally or in writing, if, in the opinion of the director, the agreement

is no longer necessary to protect the health or safety of the child to whom the agreement relates,

is not adequate to protect the health or safety of the child to whom the agreement relates,

fails to adequately reflect a change with respect to

the director's information about who should or could have been a party to the agreement under

section 19.2 (1) (b), (2), (3) or (4) (a), or

the custody of the child to whom the agreement relates, or

fails to adequately reflect a change in the circumstances of a person in relation to the person's

willingness or ability to exercise the rights and responsibilities of a parent with custody of the child to whom the agreement relates, or

right to contact or access the child to whom the agreement relates, as described in

section 19.2 (4) (a).

In withdrawing from a safety plan agreement, a director

must not inform a party in advance of the director's intention to withdraw if the director considers that it could put the health or safety of the child to whom the agreement relates at risk,

may inform a party in advance of the director's intention to withdraw if paragraph (

a) does not apply, and

must, if a party was not provided information in advance under paragraph (b), inform the party of the director's withdrawal as soon as practicable.

In withdrawing from a safety plan agreement, a director

must inform a party referred to in

section 19.2 (1) (

b) or (2), as applicable, of the reasons for the director's withdrawal, and

may provide that information before withdrawing from the safety plan agreement or as soon as practicable after withdrawing from the agreement.

Withdrawal from safety plan agreement by other parties

19.6

Subject to informing the director in advance as required under a safety plan agreement, a party other than the director may withdraw from the agreement verbally or in writing.

The withdrawal from a safety plan agreement by a party referred to in

section 19.2 (3) or (4) does not terminate the agreement as it applies to the remaining parties.

Termination of safety plan agreement

19.7

A safety plan agreement is terminated on the earliest of the following dates:

the date on which one party described in

section 19.2 (1) or (2), as applicable, withdraws from the agreement;

the date agreed to by all parties;

the date on which the term of the agreement ends.

If a circumstance described in

section 19.1 (2) exists, a new safety plan agreement may be made

to replace a safety plan agreement before its termination, or

at any time on or after the date on which a previous safety plan agreement is terminated.

Director's duty

19.8

In exercising the director's powers and performing the director's duties under this Division, the director must communicate with each person or body who is, or who is proposed to be, a party to a safety plan agreement in a manner appropriate to the person's or body's abilities.

Other matters

19.9

A safety plan agreement made by a director with a person under 19 years of age is effective as it applies to that person.

Nothing in this Division or a safety plan agreement limits a director's power to take any steps authorized by this Act to protect a child to whom a safety plan agreement relates.

A safety plan agreement does not limit the court's power to hear an application and make an order about a child to whom the agreement relates.

Cooperative Planning and Dispute Resolution

Family conference

The purpose of a family conference is to enable and assist the family to develop a plan of care that will

protect the child from harm,

serve the best interests of the child,

take into account the wishes, needs and role of the family, and

take into account the child's culture and community.

If a director concludes after

an assessment under

section 16 (2) (b.1) that it is necessary to provide services, or

an investigation under

section 16 (2) (

c) that the child needs protection,

the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.

Subsection (2) applies whether or not the child has been removed.

If the offer is accepted, the family conference coordinator may, after talking to the parent or other family member, convene a family conference.

Plan of care

The plan of care developed by means of a family conference must include the director's consent and may include provision for services to support and assist the family and to make the family safe for the child.

The plan of care may include provision for one or more of the following:

the child to reside in the home of a relative or other person;

a person, including a parent, to reside outside the child's home;

the director to have access to the child.

If the child is 12 years of age or over, the director must before agreeing to the plan of care

explain the plan of care to the child, and

take the child's views into account.

A plan of care may only be made for a specified period of up to 6 months, but may be extended for one or more periods,

with the agreement of the director and the persons who developed the plan of care, and

if the total period of all consecutive plans of care with all directors relating to the same child, including all extensions, is not more than 18 months.

Mediation or other alternative dispute resolution mechanisms

If a director and any person are unable to resolve an issue relating to the child or a plan of care, the director and the person may agree to mediation or other alternative dispute resolution mechanisms as a means of resolving the issue.

If a person and any other person, including a director or an Indigenous authority, are unable to resolve a dispute about whether an Indigenous law applies to a matter under this Act, the persons may agree to mediation or other alternative dispute resolution mechanisms as a means of resolving the dispute.

Effect of family conference, mediation or other alternative dispute resolution mechanisms on court proceeding

On application the court may adjourn a proceeding under this Part one or more times, for a total period of up to 3 months, so that a family conference, mediation or other alternative dispute resolution mechanism can proceed.

If the proceeding is adjourned, any time limit applicable to the proceeding is suspended.

If, as a result of a family conference, mediation or other alternative dispute resolution mechanism, a written agreement is made after a proceeding is commenced to determine if the child needs protection, the director may file the agreement with the court.

Confidentiality of information

A person must not disclose, or be compelled to disclose, information obtained in a family conference, mediation or other alternative dispute resolution mechanism, except

with the consent of everyone who participated in the family conference or mediation,

to the extent necessary to make or implement an agreement about the child,

if the information is disclosed in an agreement filed under

section 23, or

if the disclosure is necessary for a child's safety or for the safety of a person other than a child, or is required under

section 14.

This

section applies despite sections 79 and 79.2 of this Act and despite any provision, other than

section 44 (1) (b), (2), (2.1) and (3), of the Freedom of Information and Protection of Privacy Act .

2.1

For the purposes of this section, a person does not disclose information merely by participating in a family conference, mediation or other alternative dispute resolution mechanism by means of electronic communication, including by telephone or video.

Subsection (2) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act , that has been in existence for at least 100 years or to other information that has been in existence for at least 50 years.

How Children are Protected

Unattended child

If a child is found without adequate supervision when any premises or vehicle is entered or when a vessel is boarded under this Act, a director may do any of the following:

take the child to a safe place and arrange for someone to look after the child for up to 72 hours;

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

arrange for homemaker services to be provided for the shorter of the following periods:

until other adequate supervision is available for the child;

72 hours.

If homemaker services are provided, the homemaker may enter the premises, vehicle or vessel where the child is and look after the child.

The director must make all reasonable efforts to notify the child's parent of any steps taken by the director under subsection (1).

The director may

authorize a health care provider to examine the child, and

consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.

Subsection (4) does not affect a child's right under

section 17 of the Infants Act to consent to health care.

Lost or runaway child

A director may take charge of a child for a period of up to 72 hours if it appears to the director that the child is lost or has run away.

On taking charge of the child, the director

must make all reasonable efforts to locate a parent, guardian or other person responsible for the child, and

may take the child to a safe place or arrange for someone to look after the child.

If the person responsible for the child is located, the director may

return the child or facilitate the child's return to that person, or

place the child with another person at the request of the person responsible for the child and with the consent of the other person.

Section 25 (4) and (5) applies to the child while in the charge of the director.

If the person responsible for the child is not located by the end of the 72 hour period, the director no longer has charge of the child.

Child in immediate danger

A police officer may, without a court order, take charge of a child if the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger.

A police officer may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of taking charge of a child under subsection (1) if

the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger, and

a person denies the police officer access to the child or no one is available to provide access.

On taking charge of the child, the police officer must immediately report the circumstances to a director and

take the child to a director or to a person or place designated by a director, or

with the approval of a director, return the child to the child's parent or take the child to a person designated by the parent.

If the child is taken to a director or to a person or place designated by a director, the director may take charge of the child for up to 24 hours and must

immediately make all reasonable efforts to notify the child's parent,

investigate the circumstances, and

look after the child while in the director's charge.

The director must as soon as possible

return the child to the parent, or

place the child with a person at the request of the parent and with the consent of the other person,

unless the director proceeds under

section 30.

Section 25 (4) and (5) applies to the child while in the charge of the director.

Child who needs to be protected from contact with someone

If there are reasonable grounds to believe that contact between a child and another person would cause the child to need protection under

section 13 (1) (

a) to (

e) or (i), a director may apply to the court for a protective intervention order.

At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the following:

the person against whom the order is sought;

the child, if 12 years of age or over;

the person with care of the child.

2.1

The director must, if practicable, inform each parent of the time, date and place of the hearing unless

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

informing the parent would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

2.2

If a person referred to in subsection (2) (

a) or (

c) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

If satisfied that there are reasonable grounds to believe that contact between the child and another person would cause the child to need protection under

section 13 (1) (

a) to (

e) or (i), the court may, in the child's best interests, do one or more of the following:

prohibit the other person for a period of up to 6 months from contacting or interfering with or trying to contact or interfere with the child or from entering any premises or vehicle or boarding any vessel the child attends;

prohibit the other person for a period of up to 6 months from residing with the child or from entering any premises or vehicle, or boarding any vessel, where the child resides, including any premises, vehicle or vessel that the other person owns or has a right to occupy;

if the court thinks the other person may not comply with an order under paragraph (

a) or (b), order that person to

enter into a recognizance, with or without sureties, in an amount the court thinks necessary and reasonable,

report to the court, or to a person named by the court, for the period of time and at the times and places the court thinks necessary and reasonable, or

iii

produce to the court, or to a person named by the court, any documents the court thinks fit;

include any terms necessary to implement an order under paragraph (a), (

b) or (c).

3.1) to (3.6

[Repealed 2011-25-290.]

Before the protective intervention order expires, the director or the person against whom the order was made may apply to the court and the court may do one or more of the following:

change the order;

a.1

[Repealed 2011-25-290.]

cancel the order;

shorten the term of the order;

extend the term of the order for one period of up to 6 months.

At the request of a director, a police officer must assist in enforcing a protective intervention order.

5.1

If a director has applied to a court for a protective intervention order under subsection (1) and the court has ordered an adjournment of the hearing, the court may make an interim order

for the purposes described in subsection (3), and

for the period from the adjournment of the hearing until the conclusion of the hearing.

A protective intervention order may be made at any time, including before, at or after a presentation hearing or other hearing.

In this section, court means the Supreme Court or the Provincial Court.

Child who needs necessary health care

If a child or a parent of a child refuses to give consent to health care that, in the opinion of 2 medical practitioners, is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, a director may apply to the court for an order under this section.

At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

each parent,

the child, if capable of consenting to health care, and

any other person the court directs.

2.1

If a person referred to in subsection (2) (

a) or (

b) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

If satisfied that the health care is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, the court may make an order

authorizing the health care,

prohibiting any person from obstructing the provision of the health care,

requiring a parent or another person to deliver the child to the place where the health care will be provided, and

including any other terms, including the duration of the order, that the court considers necessary.

In this section, child includes a child in care.

This

section does not limit a director's power to remove the child under

section 30 or to take any other steps authorized by this Act to protect the child.

If a supervision order is needed

29.1

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

the child needs protection, and

a supervision order would be adequate to protect the child.

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).

Removal of child

A director may, without a court order, remove a child if the director has reasonable grounds to believe that the child needs protection and that

the child's health or safety is in immediate danger, or

no other less disruptive measure that is available is adequate to protect the child.

A director may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of removing a child under subsection (1) if

the director has reasonable grounds to believe that the child is in the premises or vehicle or on the vessel, and

a person denies the director access to the child or no one is available to allow access to the child.

If requested by a director, a police officer must accompany and assist the director in exercising the authority given by this section.

A director's authority or duty under this Act to remove a child applies whether or not

a family conference, mediation or other alternative dispute resolution mechanism is scheduled or in progress,

a date is set for hearing an application under

section 29.1, or

any other steps have been taken under this Act

with respect to the child.

Parents to be notified of child's removal

A director who removes a child must promptly make all reasonable efforts to notify each parent of the child's removal.

The notice must if practicable be in writing and must include a statement of the reasons for removing the child.

Care of child if child removed

If a child is removed under

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

the child is returned by the director under

section 33 (1) or (1.1),

a.1

the director withdraws from a presentation hearing under

section 33.01 (1),

the court makes an interim order about the child under

section 35 (2), 36 (3) or 42.1 (6), or

the child is returned by the court under

section 35 (2) (c),

[Repealed 1999-26-13.]

whichever happens first.

While the child is in the director's care, the director may

authorize a health care provider to examine the child, and

consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.

On consenting to health care for the child, the director must, if practicable, notify the parent who at the time of the child's removal was apparently entitled to custody.

Subsection (2) does not affect a child's right under

section 17 of the Infants Act to consent to health care.

While the child is in the director's care, the director may consent to the child's participation in routine school, social or recreational activities.

Returning the child before an order is made at the presentation hearing

Before a presentation hearing, or before the conclusion of a presentation hearing, relating to the removal of a child under

section 30, the director may return the child to the parent apparently entitled to custody if

the director makes an agreement with the parent that the director considers adequate to protect the child,

the director considers that circumstances have changed so that the child no longer needs protection,

the director receives information that causes the director to believe the child does not need protection, or

a less disruptive means of protecting the child becomes available.

1.1

Before a presentation hearing, or before the conclusion of 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 a director's supervision, if

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

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.

When a child is returned, the director must inform the parent in writing whether the director intends to withdraw from a proceeding under this Part or to take further steps under this Part.

If the director does not intend to take further steps under this Part, the director must promptly

present to the court a written report on the director's reasons for removing and returning the child, and

provide a copy of the report to the child's parent and any person notified of the presentation hearing.

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.

Withdrawing before an order is made at the presentation hearing if agreement protects

33.01

Before a presentation hearing, or before the conclusion of a presentation hearing, relating to the removal of a child under

section 30, 36 or 42, the director may withdraw from the hearing if

the child is an Indigenous child and the parent apparently entitled to custody makes an agreement, that the director considers adequate to protect the child, with,

if the child is a First Nation child, the First Nation,

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village,

iii

if the child is a Treaty First Nation child, the Treaty First Nation, or

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community,

the parent apparently entitled to custody is not a resident of British Columbia and the director makes an agreement, that the director considers adequate to protect the child, with the government or child welfare agency of the jurisdiction where the parent apparently entitled to custody resides, or

the director makes an agreement under

section 8 respecting the child.

A director who withdraws from a hearing under subsection (1) must promptly

present to the court a written report on the director's reasons for removing the child and for considering that an agreement referred to in subsection (1) is adequate to protect the child, and

provide a copy of the report to the child's parent and any person informed under

section 34 (3), 36 (2.1) or 42.1 (3) of the presentation hearing.

If a director withdraws from a hearing under subsection (1), any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect when the director withdraws is cancelled.

If an order under

section 97 (5) is cancelled under subsection (3) of this section, any arrears owing in respect of that order are not cancelled.

Withdrawal of director due to Indigenous law

33.02

Before a presentation hearing, or before the conclusion of a presentation hearing, relating to the removal of a child under

section 30, 36 or 42, the director must withdraw from a proceeding in accordance with sections 33.03 to 33.05 if

the child is an Indigenous child,

an Indigenous authority provides to the director

a written confirmation that the Indigenous authority is or will be providing Indigenous child and family services in accordance with an Indigenous law, and

a written request that the director withdraw, and

in the event that an application is made under

section 33.04, the court orders that the Indigenous law applies.

Withdrawal notification

33.03

If the director receives a confirmation and request from an Indigenous authority under

section 33.02 (b), the director must promptly notify the following, if practicable:

each person who is entitled to be informed of the presentation hearing under

section 34 (3), 36 (2.1) or 42.1 (3), as applicable;

if applicable, any relevant Indigenous authority other than the Indigenous authority that requested the withdrawal.

The notification under subsection (1) must

indicate that the Indigenous authority that requested the withdrawal is or will be providing Indigenous child and family services in accordance with an Indigenous law, and

provide information about an application that may be made under

section 33.04, including the time period for making the application.

Application as to whether Indigenous law applies

33.04

In this section, applicant means a director or another person making an application under subsection (2).

The following persons may apply to the court for an order that the Indigenous law referred to in the notification that was provided in accordance with

section 33.03 (2) (

a) does not apply to the child:

a director;

each parent;

the following designated representative, as applicable:

if the child is a First Nation child, a designated representative of the First Nation;

if the child is a Nisg̱a'a child, a designated representative of the Nisg̱a'a Lisims Government;

iii

if the child is a Treaty First Nation child, a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

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

the parent, if the child is under 12 years of age;

any relevant Indigenous authority other than the Indigenous authority that requested the withdrawal.

The application must be made

within 7 days after the date of the notification described in

section 33.03 (1), or

within the time period specified by the court, if an extension is granted under subsection (4) of this section.

An applicant may apply to the court for an extension of the period described in subsection (3) (a), but the extension must be sought before the expiry of that period.

The applicant must, at least 12 days before the date of the hearing, serve notice of the application on the director.

The director must, promptly after being served notice under subsection (5) and at least 10 days before the date of the hearing, serve notice of the time, date and place of the hearing of the application on the following:

the child, if 12 years of age or older;

each parent;

the Indigenous authority;

the following designated representative, as applicable:

if the child is a First Nation child, a designated representative of the First Nation;

if the child is a Nisg̱a'a child, a designated representative of the Nisg̱a'a Lisims Government;

iii

if the child is a Treaty First Nation child, a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

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

the parent, if the child is under 12 years of age;

if applicable, any relevant Indigenous authority other than the Indigenous authority that requested the withdrawal;

the Public Guardian and Trustee, if the parent entitled to custody of the child is under 19 years of age.

If the following persons appear at the commencement of the hearing, they are entitled to be parties at the hearing:

the director;

a person referred to in subsection (6) (

b) to (e).

The court must, after considering the application of the Indigenous law to the child, order that

the proceedings continue and any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect continues to apply, or

the Indigenous law applies and the director is to withdraw in accordance with

section 33.05 (2).

A hearing of the application must be concluded as soon as possible.

Transition to Indigenous authority

33.05

The director must, in writing, notify the Indigenous authority referred to in

section 33.02 (

b) of the following:

if no application is made under

section 33.04 (2) before the end of the period described in

section 33.04 (3), the information that no application has been made;

any other information the director considers relevant, including if an application has been made and the applicant does not intend to proceed with the application.

After the court orders under

section 33.04 (8) (

b) that the Indigenous law applies and the director is to withdraw or the director provides the notification under subsection (1) of this section,

the Indigenous authority must provide written confirmation to the director of the date and time that the Indigenous authority will provide, or continue to provide, Indigenous child and family services in relation to the child, and

the director is to withdraw on the date and at the time that the Indigenous authority specified in the confirmation.

A director who withdraws under subsection (2) must present to the court a written report, on the director's reasons for removing the child and on the director's withdrawal, that includes the following:

a copy of the confirmation and the request described in

section 33.02 (b);

proof that the director notified each person listed under

section 33.03 (1) and, if applicable, the reason a person was not notified;

a copy of the notification described in subsection (1) of this section;

a copy of the confirmation described in subsection (2) of this section.

The director must provide to each person notified under

section 33.03 (1) a copy of the report presented to the court.

Cancellation of orders due to withdrawal

33.06

When a director withdraws from a hearing or proceeding under this Division, any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect when the director withdraws is cancelled.

If an order under

section 97 (5) is cancelled under subsection (1) of this section, any arrears owing in respect of that order are not cancelled.

Child Protection Hearings and Orders

Timing and notice of presentation hearing about application for supervision order

33.1

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.

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

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

the person with care of the child.

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

section 33.2 (1).

In addition, the director must, if practicable, inform the following of the date, time and place of the presentation hearing:

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

the Public Guardian and Trustee, if the parent entitled to custody of the child is under 19 years of age;

the applicable Indigenous organization prescribed in the regulations for the purposes of this section, if the child is an Indigenous child, other than a Nisg̱a'a child or a Treaty First Nation child;

the Nisg̱a'a Lisims Government, if the child is a Nisg̱a'a child;

the Treaty First Nation, if the child is a Treaty First Nation child.

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.

If a person referred to in subsection (2) (

b) or (4) (

a) or (

c) to (

e) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

Presentation hearing about application for supervision order

33.2

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

the grounds for making the application, and

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.

Duty to attend and inform others of presentation hearing

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

section 30, the director must attend the court for a presentation hearing.

Subsection (1) does not apply if the director has withdrawn under

section 33 or 33.01 from the presentation hearing.

The director must, if practicable, inform the following of the time, date and place of the hearing:

the child, if 12 years of age or over;

each parent;

the Public Guardian and Trustee, if the parent apparently entitled to custody of the child is under 19 years of age;

the applicable Indigenous organization prescribed in the regulations for the purpose of this section, if the child is an Indigenous child, other than a Nisg̱a'a child or a Treaty First Nation child;

the Nisg̱a'a Lisims Government, if the child is a Nisg̱a'a child;

the Treaty First Nation, if the child is a Treaty First Nation child.

If a person referred to in subsection (3) (

b) or (

d) to (

f) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

Presentation hearing and orders

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

the circumstances that caused the director to remove the child,

an interim plan of care for the child, including, in the case of an Indigenous child, the steps to be taken to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community, and

information about any less disruptive measures considered by the director before removing the child.

At the conclusion of the hearing, the court must make

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

an interim order that the child be returned to or remain with the parent apparently entitled to custody, under the supervision of the director,

an order that the child be returned to or remain with the parent apparently entitled to custody, or

an interim order that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision.

3) and (4

[Repealed 1997-46-9 (b).]

If an interim supervision order no longer protects the child

A director must, without any further court order, remove a child who is the subject of an interim order under

section 33.2 (2), 35 (2) (

b) or (

d) or subsection (3) of this

section if either or both of the following apply:

the director has reasonable grounds to believe that the order no longer protects the child;

the director has reasonable grounds to believe that a person has not complied with a term or condition of the order and a director is required by that order to remove the child if the person does not comply with that term or condition.

The following provisions apply for the purposes of this section:

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

section 34 (1) and (2) (duty to attend presentation hearing).

[Repealed 1999-26-14.]

2.1

The director must, if practicable, inform the following of the time, date and place of the presentation hearing relating to the child's removal under subsection (1):

the child, if 12 years of age or over;

each parent;

any person made a party under

section 39 (4);

the Public Guardian and Trustee, if the parent apparently entitled to custody is under 19 years of age;

the applicable Indigenous organization prescribed in the regulations for the purpose of this section, if the child is an Indigenous child, other than a Nisg̱a'a child or a Treaty First Nation child;

the Nisg̱a'a Lisims Government, if the child is a Nisg̱a'a child;

the Treaty First Nation, if the child is a Treaty First Nation child.

2.2

The director need not inform a person under subsection (2.1) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

2.3

If a person referred to in subsection (2.1) (b), (

c) or (

e) to (

g) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

At the conclusion of the presentation hearing relating to the child's removal under subsection (1), the court must, as follows:

if the court is not satisfied that the child was removed in accordance with this section, make an interim order

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 a director's supervision, and

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

if the court is satisfied that the child was removed in accordance with this section, make an interim order

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

that the child be in the custody of the director.

Arranging a subsequent hearing

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

no order under

section 33.2 (2),

an order under

section 35 (2) (c), or

a consent order under

section 60.

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.

Notice of protection hearing

At least 10 days before the date set for a protection hearing, notice of the time, date and place of the hearing must be served as follows:

on the child, if 12 years of age or over;

on each parent;

if the child is a First Nation child, on a designated representative of the First Nation;

c.1

if the child is a Nisg̱a'a child, on a designated representative of the Nisg̱a'a Lisims Government;

c.2

if the child is a Treaty First Nation child, on a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, on a designated representative of another Indigenous community that has been identified by

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

the parent who at the time of the child's removal was apparently entitled to custody, if the child is under 12 years of age;

d.1

on any party to the proceeding in which the court made the existing order about the child;

d.2

on a person who has an interim order for custody of the child under

section 35 (2) (d);

on any other person the court considers appropriate.

The notice must specify the orders the director intends to request and include a copy of any plan of care the director intends to present to the court, unless the parent and any other person entitled to notice agree to wait until a later date for that information.

Parties to proceeding

If the following persons appear at the commencement of the protection hearing, they are entitled to be parties at the hearing:

each parent of the child;

the director;

if the child is an Indigenous child, other than a Nisg̱a'a child or a Treaty First Nation child, the designated representative of the First Nation or other Indigenous community who was served with notice of the hearing;

if the child is a Nisg̱a'a child, the designated representative of the Nisg̱a'a Lisims Government who was served with notice of the hearing;

d.1

if the child is a Treaty First Nation child, the designated representative of the Treaty First Nation who was served with notice of the hearing;

a person who has an interim order for custody of the child under

section 35 (2) (d).

If a person referred to in subsection (1) (a), (b), (c), (

d) or (d.1) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled

to notice of a hearing under

section 42.1, 42.2, 44, 44.1, 46, 49, 55, 57 or 58 relating to the child, and

if the person appears at the commencement of the hearing, to be a party at that hearing.

If the court orders under

section 41 (1) (

b) that the child be placed in the custody of a person other than the parent or a director, that person is entitled

to notice of a hearing under

section 42.1, 42.2, 44, 44.1, 46, 49, 54.01, 55, 57 or 58 relating to the child, and

if the person appears at the commencement of the hearing, to be a party at that hearing.

The court may order that a person be a party at any hearing.

Protection hearing

At the protection hearing the court must determine whether the child needs protection.

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

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

terminate any interim order made under sections 33.2 (2), 35 (2) and 36 (3).

If the court finds that the child needs protection, it

must consider the plan of care presented by the director, and

may hear any more evidence the court considers necessary to help it determine which order should be made under

section 41.

Orders made at protection hearing

Subject to subsection (2.1), if the court finds that the child needs protection, it must make one of the following orders in the child's best interests:

that the child be returned to or remain in the custody of the parent apparently entitled to custody and be under the director's supervision for a specified period of up to 6 months;

that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision, for a specified period in accordance with

section 43;

that the child remain or be placed in the custody of the director for a specified period in accordance with

section 43;

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

1.1

When an order is made under subsection (1) (

b) or (c), the court may order that on the expiry of the order under subsection (1) (

b) or (

c) the child

be returned to the parent, and

be under the director's supervision for a specified period of up to 6 months.

The court must not order under subsection (1) (

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

the identity or location of a parent of the child has not been found after a diligent search and is not likely to be found,

a parent is unable or unwilling to resume custody of the child, or

the nature and extent of the harm the child has suffered or the likelihood that the child will suffer harm is such that there is little prospect it would be in the child's best interests to be returned to the parent.

2.1

If an order was made under

section 33.2 (2), the child has not been removed since that order was made and the court finds that the child needs protection, the court must order that the director supervise the child's care for a specified period of up to 6 months.

The court may attach to an order under this

section any terms or conditions recommended by the director to implement a plan of care.

Content of supervision orders

41.1

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

daycare or respite care,

the director's right to visit the child, and

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.

Enforcement of supervision order after the protection hearing

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) (

a) or (c), 46 (3), 49 (8) or 54.01 (10) or an interim order made under

section 42.1, if either or both of the following apply:

the director has reasonable grounds to believe that the supervision order or interim order no longer protects the child;

the director has reasonable grounds to believe that a person has not complied with a term or condition of the supervision order or interim order and a director is required by that order to remove the child if the person does not comply with that term or condition.

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

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

section 42, the director must attend court for a presentation hearing.

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

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

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

the parent or other person who, at the time of the removal, had custody of the child under a director's supervision;

the child, if 12 years of age or over;

if practicable, the persons referred to in

section 34 (3) (b), (c), (d), (

e) and (f);

any person made a party under

section 39 (4).

The director need not inform a person referred to in

section 34 (3) (b), (c), (d), (

e) or (

f) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

4.1

If a person referred to in subsection (3) (a), (

c) or (

d) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

At the presentation hearing, the director must present to the court a written report that includes

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

an interim plan of care for the child, including, in the case of an Indigenous child, the steps to be taken to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community.

At the conclusion of the presentation hearing, the court must make

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

an interim order

that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

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

When an interim order is made under subsection (6), the court must set a date, not more than 45 days after the conclusion of the presentation hearing, for a hearing to determine if the child was removed in accordance with

section 42.

Subsequent hearing about enforcement of supervision order

42.2

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:

the child, if 12 years of age or over;

subject to paragraph (c), the persons who under

section 39 are entitled to notice;

if the supervision order was made under

section 49 (8), the persons who under

section 49 (3) are entitled to notice;

c.1

if the supervision order was made under

section 54.01 (10), the persons who under

section 54.01 (4) are entitled to notice;

unless already served under paragraph (b), (

c) or (c.1), a person referred to in

section 42.1 (3) (a).

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.

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

section 42, the court must order

that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

that the supervision order in force at the time of the removal continue to apply.

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:

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

be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

be under the director's supervision;

that the child remain or be placed in the custody of the director for a specified period in accordance with

section 43;

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;

that the child be placed in the continuing custody of the director unless that conflicts with

section 41 (2).

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

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

section 42 (1);

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

Subsection (5) does not apply to a supervision order made in respect of a child in the custody of a person other than the parent.

If the court is satisfied at the hearing that the child

was the subject of a supervision order under

section 49 (8), and

was removed in accordance with

section 42 (1),

the court must consider the child's need for finality in determining custody, and in the child's best interests, order one of the following:

that the child be placed in the continuing custody of the director if there is no significant likelihood that

the circumstances that led to the child's removal will improve within a reasonable time, or

the parent will be able to meet the child's needs;

an order referred to in subsection (4) (a), (

b) or (c).

The director may include in the evidence presented at a hearing under this

section the transcript of a hearing held under

section 49 with respect to the child.

Time limits for temporary custody orders

If a temporary custody order is made, the term of the order must not exceed

3 months, if the child or the youngest child who is the subject of the hearing is under 5 years of age when the order is made,

6 months, if the child or the youngest child who is the subject of the hearing is 5 years of age or over but under 12 years of age when the order is made, or

12 months, if the child or the youngest child who is the subject of the hearing is 12 years of age or over when the order is made.

Extension of supervision orders and temporary orders

If the circumstances that caused the child to need protection are likely to improve within a reasonable time, the director may, before the order expires, apply to the court for an extension of

a supervision order other than one made at a continuing custody hearing, or

a temporary custody order.

At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

the child, if 12 years of age or over,

the persons who under

section 39 are entitled to notice,

the Public Guardian and Trustee, if appointed as the child's property guardian under

section 58, and

if the application is for an extension of a temporary custody order, the persons listed in

section 38 (1) (

b) to (

d) who are not already entitled to notice under paragraph (

b) of this subsection.

2.1

If a person referred to in subsection (2) (

d) appears at the commencement of the hearing, that person is entitled to

be a party at the hearing, and

notice of a hearing under

section 44.1, 46 or 57 (1) (

b) relating to the child.

If satisfied that the circumstances that caused the child to need protection are likely to improve within a reasonable time, the court may, in the child's best interests,

extend the term of the supervision order specified in subsection (1) (a), but not beyond the period permitted under subsection (3.1), or

extend the term of the temporary custody order, but not beyond the period permitted under

section 45.

3.1

The total period during which a child is under a director's supervision must not exceed 12 months, including the periods, if any, during which the child was under a director's supervision before being removed under

section 42 (1).

The time limit imposed under subsections (3) (

a) and (3.1) does not apply to a supervision order made in respect of a child in the custody of a person other than a parent.

Extension of temporary custody order if permanent transfer of custody planned

44.1

A director may, before a temporary custody order expires, apply to the court for an extension of the temporary custody order if

the child is in the custody of a person other than the child's parent under the temporary custody order,

the director's plan of care is to apply under

section 54.01 (1) to transfer custody of the child to the person other than the parent after the residency requirement referred to in

section 54.01 (5) (

c) has been met, and

the purpose of the extension is to meet the residency requirement referred to in

section 54.01 (5) (c).

At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

the child, if 12 years of age or over,

the persons who under

section 39 are entitled to notice,

the person who has custody of the child under the temporary custody order,

the Public Guardian and Trustee, if appointed the child's property guardian under

section 58, and

the persons listed in

section 38 (1) (

b) to (

d) who are not already entitled to notice under paragraph (

b) of this subsection.

2.1

If a person referred to in subsection (2) (

e) appears at the commencement of the hearing, that person is entitled to

be a party at the hearing, and

notice of a hearing under

section 46 or 57 (1) (

b) relating to the child.

The court may, in the child's best interests, extend the temporary custody order for a period of time that, at a minimum, meets the residency requirement referred to in

section 54.01 (5) (c), but that is not beyond the period permitted under

section 45.

Total period of temporary custody

The total period during which a child is in the temporary custody of a director or a person other than the child's parent must not exceed, from the date of the initial order until the child is returned to the parent, an order transferring custody of the child under

section 54.01 (5) is made or a continuing custody order is made,

12 months, if the child or the youngest child who was the subject of the initial order was under 5 years of age on the date of that order,

18 months, if the child or the youngest child who was the subject of the initial order was 5 years of age or over but under 12 years of age on the date of that order, and

24 months, if the child or the youngest child who was the subject of the initial order was 12 years of age or over on the date of that order.

1.1

On application the court may extend, by a specified period, a time limit in subsection (1) if the court considers it in the child's best interests to do so.

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).

Supervision of child after temporary custody order ends

Before a temporary custody order expires, the director may apply to the court for an order that the director supervise the child's care for a specified period of up to 6 months after the child is returned to the parent entitled to custody.

At least 10 days before the date set for hearing the application, notice of the hearing must be served on the following:

the child, if 12 years of age or over;

the persons who under

section 39 are entitled to notice;

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

any party to the proceeding in which the court made the temporary custody order;

any person listed in

section 38 (1) (

b) to (

d) who is not already entitled to notice under paragraph (

b) or (

d) of this subsection.

2.1

If a person referred to in subsection (2) (

d) or (

e) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

The court may, in the child's best interests, order the director to supervise the child's care for a specified period of up to 6 months.

Effect of interim or temporary custody order

A director who has custody of a child under an interim order or temporary custody order has the following rights and responsibilities unless they are limited by the court under subsection (3) of this section:

to consent to health care for the child;

to make necessary decisions about the child's education and religious upbringing;

to exercise any other rights and to carry out any other responsibilities of a personal guardian of the child, except the right to consent to the child's adoption.

Any other person who has custody of a child under an interim order or a temporary custody order has the same rights and responsibilities that a director has under subsection (1) unless they are limited by the court under subsection (3).

When an interim order is made under

section 35 (2) (

a) or (

d) or 42.1 (6) or a temporary custody order is made, the court may, in the child's best interests, order that the parent retain either or both of the following rights:

to consent to health care for the child;

to make necessary decisions about the child's education and religious upbringing.

Neither subsection (1) (

a) nor an order under subsection (3) (

a) affects a child's right under

section 17 of the Infants Act to consent to health care.

No order may be made under subsection (3) (

a) if the parent's failure to consent to health care was a reason for removing the child or for finding that the child needed protection.

If a parent who retains the right to consent to health care for a child is unavailable or unable to consent to health care that is essential to preserve the child's life or to prevent serious or permanent impairment of the child's health, the director may consent instead of the parent.

Withdrawing from a proceeding after the presentation hearing

At any time after the presentation hearing, the director may return a child to the parent apparently entitled to custody and withdraw from a proceeding if the director

makes an agreement with the parent that the director considers adequate to protect the child, or

considers that circumstances have changed so that the child no longer needs protection.

1.1

At any time after the presentation hearing, the director may withdraw from a proceeding if

the child is an Indigenous child and the parent apparently entitled to custody makes an agreement, that the director considers adequate to protect the child, with,

if the child is a First Nation child, the First Nation,

if the child is a Nisg̱a'a child, the Nisg̱a'a Nation or the child's Nisg̱a'a Village,

iii

if the child is a Treaty First Nation child, the Treaty First Nation, or

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community,

the parent apparently entitled to custody is not a resident of British Columbia and the director makes an agreement, that the director considers adequate to protect the child, with the government or child welfare agency of the jurisdiction where the parent apparently entitled to custody resides, or

the director makes an agreement under

section 8 respecting the child.

A director who withdraws from a proceeding must present to the court a written report on the director's reasons, as applicable, for

returning the child under subsection (1), or

considering that an agreement referred to in subsection (1.1) is adequate to protect the child.

When a director withdraws from a proceeding under subsection (1) or (1.1), the proceeding ends without an order being made.

If a director withdraws from a proceeding under subsection (1.1), any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect when the director withdraws is cancelled.

If an order under

section 97 (5) is cancelled under subsection (4) of this section, any arrears owing in respect of that order are not cancelled.

Withdrawal of director due to Indigenous law — after presentation hearing

48.1

At any time after a presentation hearing, the director must withdraw from a proceeding in accordance with sections 48.2 to 48.5 if

the child is an Indigenous child,

an Indigenous authority provides to the director

a written confirmation that the Indigenous authority is or will be providing Indigenous child and family services in accordance with an Indigenous law, and

a written request that the director withdraw, and

in the event that an application is made under

section 48.3, the court orders that the Indigenous law applies.

Withdrawal notice — after presentation hearing

48.2

If the director receives a confirmation and request from an Indigenous authority under

section 48.1 (b), the director must promptly serve notice on the following:

the child, if 12 years of age or older;

each parent;

the following designated representative, as applicable:

if the child is a First Nation child, a designated representative of the First Nation;

if the child is a Nisg̱a'a child, a designated representative of the Nisg̱a'a Lisims Government;

iii

if the child is a Treaty First Nation child, a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

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

the parent, if the child is under 12 years of age;

if applicable, any relevant Indigenous authority other than the Indigenous authority that requested the withdrawal;

the Public Guardian and Trustee, if the Public Guardian and Trustee is the child's property guardian under

section 58;

a person, other than a director, who has custody of a child under an interim order or temporary custody order under this Act.

The notice under subsection (1) must

indicate that the Indigenous authority that requested the withdrawal is or will be providing Indigenous child and family services in accordance with an Indigenous law, and

provide information about an application that may be made under

section 48.3, including the time period for making the application.

If the Public Guardian and Trustee is the child's property guardian under

section 58, after receipt of notice under subsection (1) (

e) of this section, the Public Guardian and Trustee must advise the Indigenous authority that the Public Guardian and Trustee is the child's property guardian.

Application as to whether Indigenous law applies — withdrawal after presentation hearing

48.3

In this section, "applicant" means a director or another person making an application under subsection (2).

A director or a person who is served notice under

section 48.2 (1) (b), (

c) or (

d) may apply to the court for an order that the Indigenous law referred to in the notice that was provided in accordance with

section 48.2 (2) (

a) does not apply to the child.

The application must be made

within 7 days after the date of the service of the notice under

section 48.2 (1), or

within the time period specified by the court, if an extension is granted under subsection (4) of this section.

An applicant may apply to the court for an extension of the period described in subsection (3) (a), but the extension must be sought before the expiry of that period.

The applicant must, at least 12 days before the date of the hearing, serve notice of the application on the director.

The director must, promptly after being served a notice under subsection (5) and at least 10 days before the date of the hearing, serve notice of the time, date and place of the hearing of the application on the following:

the child, if 12 years of age or older;

each parent;

the Indigenous authority;

the following designated representative, as applicable:

if the child is a First Nation child, a designated representative of the First Nation;

if the child is a Nisg̱a'a child, a designated representative of the Nisg̱a'a Lisims Government;

iii

if the child is a Treaty First Nation child, a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

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

the parent, if the child is under 12 years of age;

if applicable, any relevant Indigenous authority other than the Indigenous authority that requested the withdrawal;

the Public Guardian and Trustee, if the Public Guardian and Trustee is the property guardian of the child under

section 58;

a person, other than a director, who has custody of a child under an interim order or temporary custody order under this Act.

If the following persons appear at the commencement of the hearing, they are entitled to be parties at the hearing:

the director;

a person referred to in subsection (6) (

b) to (e).

The court must, after considering the application of the Indigenous law to the child, order that

the proceedings continue and any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect continues to apply, or

the Indigenous law applies and the director is to withdraw in accordance with

section 48.4 (2).

A hearing of the application must be concluded as soon as possible.

Transition to Indigenous authority — withdrawal after presentation hearing

48.4

The director must, in writing, notify the Indigenous authority referred to in

section 48.1 (

b) of the following:

if no application is made under

section 48.3 (2) before the end of the period described in

section 48.3 (3), the information that no application has been made;

any other information the director considers relevant, including if an application has been made and the applicant does not intend to proceed with the application.

After the court orders under

section 48.3 (8) (

b) or 48.5 (5) (

b) that the Indigenous law applies and the director is to withdraw or the director provides the notification under subsection (1) of this section,

the Indigenous authority must provide written confirmation to the director of the date and time that the Indigenous authority will provide, or continue to provide, Indigenous child and family services in relation to the child, and

the director is to withdraw on the date and at the time that the Indigenous authority specified in the confirmation.

A director who withdraws under subsection (2) must present to the court a written report on the director's withdrawal that includes the following:

a copy of the confirmation and the request described in

section 48.1;

proof that the director served notice to each person entitled to service of the notice under

section 48.2 (1) and, if applicable, that the court ordered that no service was required in respect of a person;

a copy of the notification described in subsection (1) of this section;

a copy of the confirmation described in subsection (2) of this section.

Change of circumstances — withdrawal after presentation hearing

48.5

An Indigenous authority may apply to the court for an order that an Indigenous law applies to an Indigenous child if circumstances have changed significantly since the order was made under

section 48.3 (8) (

a) in relation to the child.

The Indigenous authority must, at least 12 days before the date of the hearing, serve notice of the application on the director.

The director must, promptly after being served a notice under subsection (2) and at least 10 days before the date of the hearing, serve notice of the time, date and place of the hearing of the application on the following:

the child, if 12 years of age or older;

each party to the proceeding in relation to which the order referred to in subsection (1) was made;

the Public Guardian and Trustee, if the Public Guardian and Trustee is the property guardian of the child under

section 58.

If the following persons appear at the commencement of the hearing, they are entitled to be parties at the hearing:

the director;

a person referred to in subsection (3) (

b) of this section.

The court must, after considering whether the circumstances have changed significantly since the order was made and the application of the Indigenous law to the child, order that

the proceedings continue and any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect continues to apply, or

the Indigenous law applies and the director is to withdraw in accordance with

section 48.4 (2).

A hearing of the application must be concluded as soon as possible.

Cancellation of orders due to withdrawal — after presentation hearing

48.6

When a director withdraws from a hearing or proceeding under this Division, any interim order, supervision order, temporary custody order or order under

section 97 (5) that is in effect when the director withdraws is cancelled.

If an order under

section 97 (5) is cancelled under subsection (1) of this section, any arrears owing in respect of that order are not cancelled.

Continuing Custody Hearings and Orders

Continuing custody hearing and orders

Not sooner than 60 days before a temporary custody order expires, the director may apply to the court for a continuing custody order.

At least 10 days before the date set for hearing the application, notice of the time, date and place of the continuing custody hearing must be served as follows:

on the child, if 12 years of age or over;

on each parent;

if the child is a First Nation child, on a designated representative of the First Nation;

c.1

if the child is a Nisg̱a'a child, on a designated representative of the Nisg̱a'a Lisims Government;

c.2

if the child is a Treaty First Nation child, on a designated representative of the Treaty First Nation;

if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, on a designated representative of another Indigenous community that has been identified by

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

the parent, if the child is under 12 years of age;

d.1

any person who has been made a party under

section 39 (4);

d.2

any person who has custody of the child under

section 41 (1) (b), 42.2 (4) (c), 54.01 (9) (

b) or subsection (7) (

b) of this section;

on the Public Guardian and Trustee, if appointed as the child's property guardian under

section 58.

If a person referred to in subsection (2) (

b) to (d.2) appears at the commencement of the continuing custody hearing, that person is entitled

to be a party at the hearing, and

to notice of a hearing under

section 42.2, 54, 56 or 57 and, if the person appears at the commencement of the hearing, to be a party at that hearing.

The court must order that the child be placed in the continuing custody of the director if

the identity or location of a parent of the child has not been found after a diligent search and is not likely to be found, or

a parent is unable or unwilling to resume custody of the child.

The court may order that the child be placed in the continuing custody of the director if there is no significant likelihood that

the circumstances that led to the child's removal will improve within a reasonable time, or

the parent will be able to meet the child's needs.

Before making a continuing custody order under subsection (5), the court must consider

the past conduct of the parent towards any child who is or was in the parent's care,

the plan of care, and

the child's best interests.

If the court does not make a continuing custody order, it must make one of the following orders:

that the child be returned to the custody of the parent apparently entitled to custody;

that the child remain in the temporary custody of a person other than the parent for a specified period of up to 6 months;

that the child remain or be placed in the temporary custody of the director for a specified period of up to 6 months.

If the court orders that the child be returned to the parent's custody or remain in the custody of a person other than the parent, it may order that the director supervise the child's care for a specified period of up to 6 months.

Not sooner than 60 days before a temporary custody order under subsection (7) (

b) or (

c) expires, the director may apply to the court for a continuing custody order.

If the director applies under subsection (9), the court after considering the factors in subsection (6) must make one of the following orders:

that the child be placed in the continuing custody of the director;

that the child be returned to the parent apparently entitled to custody.

Effect of continuing custody order

When an order is made placing a child in the continuing custody of a director,

the director becomes the sole personal guardian of the child and may consent to the child's adoption,

the Public Guardian and Trustee becomes the sole property guardian of the child, and

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

At least 30 days before consenting under

section 13 (3) of the Adoption Act to the child's adoption, the director must inform any person who, unde