Second Session, 44th General Assembly
49 Elizabeth II, 2000
AN ACT TO AMEND THE
|Received and Read the First Time|
HONOURABLE ROGER GRIMES
Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly
Clause 1 of the Bill would amend section 2 of the Child, Youth and Family Services Act by adding subsection 2(3) to clarify that judges of both the Unified Family Court and the Provincial Court may issue warrants for the removal of a child within the judicial area in the Unified Family Court Act.
Clause 2 of the Bill would amend section 11 of the Act to consistently refer to "care or custody of a director" and to allow the effect of a youth agreement to be explained by persons other than the director or a social worker.
Clause 3 of the Bill would amend subsection 23(3) of the Act to refer to premises.
Clauses 4 and 5 of the Bill would amend sections 26 and 32 of the Act to clarify the need to serve documents in accordance with section 55 of the Act.
Clause 6 of the Bill would repeal and substitute section 36 of the Act to clarify that a maximum of 3 orders can be made in a child's life, of the appropriate duration given the child's age at the time each order is made, and to provide that only in exceptional circumstances may a fourth order be made.
Clauses 7 and 8 of the Bill would amend sections 39 and 40 of the Act to remove the references to extending orders.
Clauses 9 and 10 of the Bill would repeal and substitute section 41 and would amend section 42 of the Act to provide that either the director or a social worker may consent to medical treatment under a temporary or continuous order.
Clause 11 of the Bill would amend section 48 of the Act to provide for service of a notice and to permit a social worker to apply for leave to withdraw an application by means of telecommunication.
Clause 12 of the Bill would amend section 49 of the Act to also permit social workers to make applications under that section.
Clause 13 of the Bill would amend section 50 of the Act to allow judges to admit evidence taken and declarations made at prior hearings under the Act.
Clause 14 of the Bill would repeal and substitute section 53 of the Act to specify how a child's views may be heard.
Clause 15 of the Bill would repeal and substitute section 55 of the Act to provide for alternative means of service.
Clause 16 of the Bill would repeal and substitute section 64 of the Act to clarify what information is to be released when a child or youth is in care.
Clause 17 of the Bill would repeal and substitute section 74 of the Act to provide that it is an offence to fail to comply with orders made under sections 20 and 21 of the Act.
Clause 18 of the Bill would amend section 79 of the Act to allow for the transition of matters dealt with previously under the Child Welfare Act.
AN ACT TO AMEND THE CHILD, YOUTH AND FAMILY SERVICES ACT
1. S.2 Amdt.
2. S.11 Amdt.
3. S.23 Amdt.
4. S.26 Amdt.
5. S.32 Amdt.
6. S.36 R&S
7. S.39 Amdt.
8. S.40 R&S
9. S.41 R&S
10. S.42 Amdt.
11. S.48 Amdt.
12. S.49 Amdt.
13. S.50 Amdt.
14. S.53 R&S
15. S.55 R&S
16. S.64 R&S
17. S.74 R&S
18. S.79 Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
(3) Notwithstanding the Unified Family Court Act, for the purpose of sections 23 and 25 in the judicial area as defined in the Unified Family Court Act, "judge" means a judge of the Unified Family Court or a Provincial Court judge.
(3) An agreement under this section may be made, even if the youth is not or has not been in the care or custody of a director, but shall not continue beyond the youth's eighteenth birthday unless the young person has been in the care or custody of the director before his or her sixteenth birthday, in which case the agreement may be extended until his or her twenty-first birthday or school leaving, whichever event occurs first.
(5) Before the agreement is signed, the director or social worker shall ensure that the effect of the agreement is explained to the youth.
(2) A parent of a child, and the child, where he or she is 12 years of age or over, shall be served with notice of the time and place of a hearing under this section which shall be held within one day after filing the application.
(a) 3 months, if the child who is the subject of the order is under 5 years of age when the order is made;
(b) 4 months, if the child who is the subject of the order is 5 years of age or over but under 12 years of age when the order is made; and
(c) 6 months, if the child who is the subject of the order is 12 years of age or over when the order is made,
with a maximum of 3 orders in total during the child's life.
(2) Notwithstanding subsection (1), a fourth order may be granted if
(a) there are exceptional circumstances that in the opinion of the judge warrant exceeding the lifetime maximum of 3 orders; and
(b) the parent may reasonably be expected to resume the custody of the child within a reasonable period,
but a fourth order shall not exceed,
(c) 3 months if the child is under 5 years of age;
(d) 4 months if the child is 5 years of age or over but under 12 years of age; or
(e) 6 months if the child is 12 years of age or over,
when the fourth order is made.
(2) A director or social worker shall not consent to medical treatment, other than to necessary medical treatment unless a parent consents or the director is granted an order under section 32.
(3) A director referred to in subsection (1) shall not consent to an adoption under the Adoption of Children Act without the consent of the parent from whom the child was removed.
(1.1) The director or social worker may consent to the provision of medical treatment to the child.
(2) Section 48 of the Act is amended by adding immediately after subsection (2) the following:
(3) Where leave of a judge is sought under this section, the matter may be heard by telephone, teleconference or other means of telecommunication.
(d) evidence taken and a declaration made at a prior hearing under this Act and under a similar statute.
14. Section 53 of the Act is repealed and the following substituted:
(a) meet with the child with or without the other parties and their counsel;
(b) permit the child to testify at the hearing;
(c) consider any written material submitted by the child; or
(d) allow the child to express his or her views in some other way.
15. Section 55 of the Act is repealed and the following substituted:
(2) Where it is impractical for any reason to personally serve a document on a person, the document may be served in another manner permitted by the rules of the Unified Family Court or Provincial Court.
(3) Personal service under subsection (1) may be proved by a written or oral statement under oath by the person who served the document.
(2) A director or social worker shall provide relevant information concerning the caregiver of a child or youth to the child or youth and the parent of the child or youth, but may withhold information where, in the opinion of the director or social worker, doing so is in the best interests of the child or youth.
(a) fails to comply with or otherwise contravenes a provision of this Act or the regulations for which a penalty has not been specifically provided; or
(b) fails to comply with an order made under sections 20 and 21 of this Act,
is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 3 months or to both a fine and imprisonment.
(3) Where a child was in the care or custody of the Director of Child Welfare under an order made under the Child Welfare Act, the director employed by the board having responsibility for the area in which the child resides shall on the coming into force of this Act have care or custody of that child.
(4) An order made and a proceeding commenced under the Child Welfare Act shall, on the coming into force of this Act, be considered to be an order made and a proceeding commenced under this Act.
ŠEarl G. Tucker, Queen's Printer