1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 14th day of July, 1999
Ian D. Izard, Law Clerk


HONOURABLE LOIS BOONE
MINISTER FOR CHILDREN AND FAMILIES


BILL 84 -- 1999

CHILD, FAMILY AND COMMUNITY SERVICE
AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(a) in the definition of "continuing custody order" by striking out "42 (3) (b), 49 (4) or (5) or 60" and substituting "42.2 (4) (d) or (7) or 49 (4), (5) or (10) (a)",

(b) by adding the following definitions:

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

"plan for independence" means a plan relating to a youth that

(a) contains the information required under section 12.2, and

(b) is prepared in accordance with the regulations; ,

(c) by repealing the definition of "plan of care" and substituting the following:

"plan of care" means a plan relating to a child that

(a) contains the information required under the regulations, and

(b) is prepared in accordance with the regulations. ,

(d) in the definition of "supervision order" by striking out ", 49 (8) or 60" and substituting "or 49 (8)",

(e) in the definition of "temporary custody order" by striking out ", 49 (7) (b) or 60" and substituting "or 49 (7) (b)", and

(f) by renumbering the section as section 1 (1) and by adding the following subsection:

(2) 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.

2 Part 2 is amended by repealing the heading and substituting the following:

Part 2 -- Family Support Services and Agreements .

3 Section 11 (2) is amended by striking out ", 7 or 9" and substituting "or 7".

4 The following Part is added after section 12:

Part 2.1 -- Youth and Transitional 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 (1) Subject to the regulations, a director may make a written agreement with a youth who needs assistance and who

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

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

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

(a) residential, educational or other support services;

(b) financial assistance.

(3) The agreement must include a plan for independence that contains

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

(b) the goals to be met by the youth, and

(c) any other contents specified by regulation.

(4) Before making the agreement, the director must

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

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

(5) 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.

(6) No agreement under this section continues beyond the youth's 19th birthday.

(7) An agreement made by the director under this section with a youth is enforceable against the youth.

(8) An agreement made by the 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.

(9) For the purpose of this section, "youth" includes a person who

(a) is under 16 years of age, and

(b) is married or is a parent or expectant parent.

Agreements with young adults

12.3 (1) Subject to the regulations, a director may make a written agreement with a person who, until the person's 19th birthday,

(a) received support services or financial assistance, or both, under section 12.2,

(b) was in the continuing custody of the director or the permanent custody of the Superintendent of Family and Child Service, or

(c) was in the guardianship of the director of adoption or of a director under section 29 (3) of the Family Relations Act.

(2) The agreement may provide for support services or financial assistance, or both, to assist the person while

(a) enrolled in an educational or vocational training program, or

(b) taking part in a rehabilitative program.

(3) The agreement may be renewed or the parties may, after an interval, make another agreement under this section, but, whether one or more agreements are made,

(a) the total of the terms must not exceed 24 months, and

(b) no agreement may extend beyond the person's 24th birthday.

5 Section 13 is amended by adding the following subsection:

(1.1) For the purpose of subsection (1) (b) and (c) and section 14 (1) (a) 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,

(a) encouraged or helped to engage in prostitution, or

(b) coerced or inveigled into engaging in prostitution.

6 Section 14 (1) (b) is amended by striking out "13 (1) (e)" and substituting "13 (1) (d)".

7 Section 16 (5) (a) is amended by striking out "physical and emotional" and substituting "physical or emotional".

8 Section 17 is amended

(a) in subsection (2) by repealing paragraph (a) and substituting the following:

(a) 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; , and

(b) in subsections (2) (d) and (4) by striking out "premises" and substituting "premises, vehicle or vessel".

9 Section 19 is amended

(a) in subsection (1) by adding "or a warrant under section 28 (3.3) or 98 (4.3)" after "section 17", and

(b) by repealing subsection (2) and substituting the following:

(2) If a judge of the court is not available,

(a) 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 a warrant under section 28 (3.3) or 98 (4.3), and

(b) the justice may make the order or issue the warrant.

10 Sections 23 (1) and (3) and 24 (1) are amended by striking out "family conference or mediation" wherever it appears and substituting "family conference, mediation or other alternative dispute resolution mechanism".

11 Section 25 is amended

(a) in subsection (1) by striking out "when premises are entered" and substituting "when any premises or vehicle is entered or when a vessel is boarded",

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

(b) remain on the premises, in the vehicle or on the vessel; , and

(c) in subsection (2) by striking out "premises" and substituting "premises, vehicle or vessel".

12 Section 28 is amended

(a) in subsection (1) by striking out "section 13 (1) (a) to (e)" and substituting "section 13 (1) (a) to (e) or (i)",

(b) by adding the following subsection:

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

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

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

(c) in subsection (3) by striking out "section 13 (1) (a) to (e)" and substituting "section 13 (1) (a) to (e) or (i)",

(d) in subsection (3) (a) by striking out "from entering any premises" and substituting "from entering any premises or vehicle or boarding any vessel",

(e) in subsection (3) (b) by striking out "or entering any premises where the child resides, including any premises" and substituting "or from entering any premises or vehicle, or boarding any vessel, where the child resides, including any premises, vehicle or vessel",

(f) by adding the following subsections:

(3.1) In a protective intervention order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the protective intervention order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the protective intervention order.

(3.2) An order under subsection (3.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(3.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (3.4) and by force if necessary, to enter any dwelling specified in the warrant for the purpose of arresting a person against whom a protective intervention order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(3.4) A police officer may not enter a dwelling specified in a warrant under subsection (3.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(3.5) The court must include in a warrant issued under subsection (3.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(3.6) A person arrested under an order made under subsection (3.1) or a warrant issued under subsection (3.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(b) be released under section 38 (3) of the Offence Act, as though the person had been arrested under a warrant issued under that Act and the warrant had been endorsed under section 38 (2) of that Act. , and

(g) in subsection (4) by striking out "any person named in the order" and substituting "the person against whom the order was made" and by adding the following paragraph:

(a.1) include an order under subsection (3.1); .

13 Section 32 (1) is amended

(a) in paragraph (a) by striking out "or 48",

(b) in paragraph (b) by adding "or" after "the child,",

(c) in paragraph (c) by striking out everything after "section 35 (2) (c),", and

(d) by repealing paragraph (d).

14 Section 36 is amended

(a) in subsection (1) by striking out "or 35 (2) (b)" and substituting ", 35 (2) (b) or subsection (3) of this section",

(b) in subsection (2) (b) by adding "and (2)" after "section 34 (1)",

(c) by repealing subsection (2) (c), and

(d) by adding the following subsections:

(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):

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

(b) each parent;

(c) any person made a party under section 39 (4);

(d) the Public Trustee, if the parent apparently entitled to custody is under 19 years of age;

(e) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal 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.

15 Section 39 is amended

(a) in subsection (2) (a) by striking out "section 42.1, 42.2, 44, 46, 55, 57, 58 or 97" and substituting "section 42.2, 44, 46, 55, 57 or 58", and

(b) in subsection (3) (a) by striking out "section 42.1, 42.2, 44, 46, 49, 55, 57, 58 or 97" and substituting "section 42.2, 44, 46, 55, 57 or 58".

16 Section 41 (2.1) is repealed and the following substituted:

(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.

17 Section 42 (1) is amended

(a) by striking out "42.2 (4) (b) or (c), 46 (3) or 49 (8)," and substituting "42.2 (4) (a) or (c), 46 (3) or 49 (8) or an interim order made under section 42.1,", and

(b) in paragraphs (a) and (b) by striking out "the supervision order" and substituting "the supervision order or interim order".

18 Section 42.1 is amended

(a) in subsection (3) (a) by striking out "was caring for the child" and substituting "had custody of the child",

(b) in subsection (3) (c) by striking out "section 34 (b), (c) and (d)." and substituting "section 34 (3) (b), (c) and (d);",

(c) in subsection (3) by adding the following paragraph:

(d) any person made a party under section 39 (4). ,

(d) in subsection (4) by striking out "section 34 (b), (c) or (d)" and substituting "section 34 (3) (b), (c) or (d)", and

(e) in subsection (7) by striking out "after the removal," and substituting "after the conclusion of the presentation hearing,".

19 Section 42.2 is amended

(a) in subsections (3) (a) and (4) (a) (i) by striking out "was caring for the child" and substituting "had custody of the child", and

(b) by repealing subsection (6) and substituting the following:

(6) 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.

20 Section 44 is amended

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

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

(b) a temporary custody order. ,

(b) by repealing subsection (3) (a) and substituting the following:

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

(c) by adding the following subsection:

(3.1) The total period during which a child is under the director's supervision must not exceed 12 months, including the periods, if any, during which the child was under the director's supervision before being removed under section 42 (1). , and

(d) by repealing subsection (4) and substituting the following:

(4) 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 the parent.

21 Section 49 is amended

(a) in subsection (2) by adding the following paragraphs:

(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) or 42.2 (4) (c); ,

(b) in subsection (3) by striking out "subsection (2) (b) to (d)" and substituting "subsection (2) (b) to (d.2)", and

(c) in subsection (3) (b) by striking out "42 (2),".

22 Section 50 (1) is amended by striking out "under section 41, 49 (4) or (5) or 60".

23 Section 56 (2) (c) is repealed and the following substituted:

(c) the parties to the proceeding in which the continuing custody order was made.

24 Section 57 (1) to (3) is repealed and the following substituted:

(1) If circumstances have changed significantly since the order was made, any party may apply to the court for a change to

(a) a supervision order other than one that is an interim order,

(b) a temporary custody order, or

(c) an access order.

(2) At least 10 days before the date set for hearing the application, notice of the hearing must be served on

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

(b) the director,

(c) the Public Trustee, if the order is a temporary custody order and the Public Trustee has been appointed guardian of the child's estate under section 58, and

(d) in addition,

(i) if the application is for an access order and is made before the protection hearing, the persons mentioned in section 34 (3) (b) and (d), and

(ii) if the application is for any order referred to in subsection (1) of this section and is made after the protection hearing, the persons who under section 39 or 49 (3) are entitled to notice.

(3) If the court finds that circumstances have changed significantly since the order was made, the court, in the child's best interests, may cancel the order and make no other order or may cancel the order and do one of the following:

(a) if the order was made under section 42.2, 44 or 46, make an order under section 41;

(b) in any other case, make any order provided for at the hearing where the order was made.

25 Section 60 is amended

(a) in subsection (1) by striking out "the presentation hearing" and substituting "a presentation hearing" and by adding the following paragraph:

(d.1) any person who has been made a party under section 39 (4); ,

(b) in subsection (2) by striking out "under subsection (1) without a hearing, the completion of a hearing or the giving of evidence, but it must be satisfied that each person whose consent is required under subsection (1) (b) to (d)" and substituting "under this section without a hearing, the completion of a hearing or the giving of evidence, but it must be satisfied that each person whose consent is required, other than those mentioned in subsection (1) (a) and (e)",

(c) by repealing subsection (3) (b), and

(d) in subsection (3) (c) by striking out "with the consent of a person mentioned in subsection (1) (e)," and substituting "with the consent of any person other than the child,".

26 Section 61 (1) is amended by striking out "or for a continuing custody order" and substituting ", for a continuing custody order or for a supervision order under section 46".

27 Section 62 (1) is amended by adding "care or" before "custody".

28 Section 72 is repealed.

29 Section 77 (2) is amended by striking out "or" at the end of paragraph (b), by adding "or" at the end of paragraph (c) and by adding the following paragraph:

(d) the information is subject to solicitor-client privilege, .

30 Section 79 is amended

(a) by adding the following paragraph:

(a.1) necessary to ensure the safety of a person, other than a child, , and

(b) in paragraph (e) by striking out "or for mediation under section 22," and substituting ", mediation under section 22 or other alternative dispute resolution mechanism,".

31 Section 89 (5) is repealed and the following substituted:

(5) Sections 44 to 49, 54 to 57, 58 (1), (2), (3) (d), (4) and (5) and 59 of the Freedom of Information and Protection of Privacy Act apply in respect of a review requested under this section, except that a reference to a public body or to the head of a public body is to be read as a reference to a director.

32 Section 93 (1) (c) is repealed.

33 Section 97 is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (a), by striking out "temporary custody order." in paragraph (b) and substituting "temporary custody order, and" and by adding the following paragraph:

(c) a youth who has made an agreement with a director under section 12.2. ,

(b) in subsection (2) by adding "or a youth referred to in subsection (1) (c)" after "child in care",

(c) in subsection (5) by striking out "a child." and substituting "a child or youth.",

(d) in subsection (6) by striking out "the persons who under section 39 are entitled to notice." and substituting "the parent against whom the order is sought.", and

(e) in subsection (7) (b) and (c) by striking out "the child" and substituting "the child or youth".

34 Section 98 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) On application, the court may make a restraining order if there are reasonable grounds to believe that a person

(a) has encouraged or helped, or is likely to encourage or help, any of the following to engage in prostitution:

(i) a child in care;

(ii) a child in the custody of a person under a temporary custody order;

(iii) a youth who has made an agreement with the director under section 12.2,

(b) has inveigled or coerced, or is likely to inveigle or coerce, a child or youth mentioned in paragraph (a) into engaging in prostitution, or

(c) has otherwise exploited, abused or intimidated, or is likely to otherwise exploit, abuse or intimidate, a child or youth mentioned in paragraph (a).

(2) In a restraining order under subsection (1), the court may do one or more of the following:

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

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

(c) if the court thinks that the person may not comply with an order under paragraph (a) or (b), order that person to

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

(ii) 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. ,

(b) in subsection (3) by striking out "The court" and substituting "On application, the court",

(c) in subsection (3) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(c) a director or any person to whom the director has delegated under section 92 any or all of the director's powers, duties or functions, or

(d) a person providing residential, educational or other support services to the child or youth. ,

(d) by repealing subsection (4) and substituting the following:

(4) In a restraining order under subsection (3), the court may

(a) prohibit for a period of up to 6 months the person against whom the order is made from contacting or interfering with, or trying to contact or interfere with, the person in whose favour the order is made, and

(b) if the court thinks that the person against whom the order is made may not comply with an order under paragraph (a), order that person to do anything referred to in subsection (2) (c). ,

(e) by adding the following subsections:

(4.1) In a restraining order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the restraining order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the restraining order.

(4.2) An order under subsection (4.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(4.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (4.4) and by force if necessary, to enter any dwelling specified in the warrant, for the purpose of arresting a person against whom a restraining order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(4.4) A police officer may not enter a dwelling specified in a warrant under subsection (4.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(4.5) The court must include in a warrant issued under subsection (4.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(4.6) A person arrested under an order made under subsection (4.1) or a warrant issued under subsection (4.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(b) be released under section 38 (3) of the Offence Act, as though the person had been arrested under a warrant issued under that Act and the warrant had been endorsed under section 38 (2) of that Act. ,

(f) by adding the following subsection:

(6.1) Before a restraining order expires, the person who applied for the order, the person against whom the order was made or a director may apply to the court and the court may do one or more of the following:

(a) change the order;

(b) include an order under subsection (4.1);

(c) cancel the order;

(d) shorten the term of the order;

(e) extend the term of the order. , and

(g) by adding the following subsection:

(8) In this section, "court" means the Supreme Court or the Provincial Court.

35 Section 102 is amended

(a) by adding the following subsection:

(1.1) A person who fails to comply with the conditions set out in a promise to appear given by the person on their release under section 28 (3.6) (b) or 98 (4.6) (b) commits an offence. , and

(b) by repealing subsection (2) and substituting the following:

(2) A person who commits an offence under subsection (1) (a) or (e) is liable to a fine of not more than $25 000 or to imprisonment for not more than 24 months or to both.

(2.1) A person who commits an offence under subsection (1) (b), (c), (d) or (f) or (1.1) is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months or to both.

36 Section 103 (2) is amended

(a) in paragraph (c) by striking out "agreements with youth;" and substituting "agreements under sections 12.2 and 12.3;", and

(b) by repealing paragraph (e) and substituting the following:

(e) respecting the content and preparation of plans of care and plans for independence; .

37 Sections 9 and 10 as consolidated in section 1 of the Supplement to the Child, Family and Community Service Act are repealed.


Consequential Amendments

38 Section 36 (2.1) of the Child, Family and Community Service Act, as enacted by the Child, Family and Community Service Amendment Act, 1999, is amended

(a) in paragraph (e) by striking out "aboriginal child." and substituting "aboriginal child, other than a Nisga'a child;", and

(b) by adding the following paragraph:

(f) the Nisga'a Lisims Government, if the child is a Nisga'a child.

39 Section 42.1 of the Child, Family and Community Service Act, as amended by the Child, Family and Community Service Amendment Act, 1999, is amended

(a) in subsection (3) (c) by striking out "section 34 (3) (b), (c) and (d);" and substituting "section 34 (3) (b), (c), (d) and (e);", and

(b) in subsection (4) by striking out "section 34 (3) (b), (c) or (d)" and substituting "section 34 (3) (b), (c), (d) or (e)".

40 Section 57 (2) (d) of the Child, Family and Community Service Act, as enacted by the Child, Family and Community Service Amendment Act, 1999, is amended by striking out "section 34 (3) (b) and (d)" and substituting "section 34 (3) (b), (d) and (e)".


Nisga'a Final Agreement Act

41 Section 22 of the Nisga'a Final Agreement Act, S.B.C. 1999, c. 2, is repealed.

Commencement

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


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