1997 Legislative Session: 2nd Session, 36th Parliament
FIRST READING


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


HONOURABLE PENNY PRIDDY
MINISTER FOR CHILDREN
AND FAMILIES

BILL 24 -- 1997

CHILD, FAMILY AND COMMUNITY SERVICE
AMENDMENT ACT, 1997

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

1 Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by repealing the definitions of "interim order", "presentation hearing", "remove", "supervision order" and "temporary custody order" and substituting the following:

"interim order" means an order made under section 33.2 (2), 35 (2) (a) or (b), 36 (3) (a) or (b) or 42.1 (6);

"presentation hearing" means a hearing that a director is required by section 33.1 (1), 34 (1), 36 (2) (b) or 42.1 (1) to attend;

"remove" means to take a child into the care of a director under section 30, 36 or 42;

"supervision order" means an order made under section 33.2 (2), 35 (2) (b), 36 (3) (b) (i), 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3), 49 (8) or 60 requiring a director to supervise a child's care, and includes any extension of or change to that order;

"temporary custody order" means an order made under section 41 (1) (b) or (c), 42.2 (4) (b) or (c), 49 (7) (b) or 60 placing a child for a specified period in the custody of a director or another person, and includes any extension of or change to that order; .

2 Section 3 (d) is repealed and the following substituted:

(d) services should be integrated, wherever possible and appropriate, with services provided by other ministries and community agencies;

(e) the community should be involved, wherever possible and appropriate, in the planning and delivery of services, including preventive and support services to families and children.

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

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

4 The following section is added:

If a supervision order is needed

29.1 (1) A director may apply to the court for an order that the director supervise a child's care if the director has reasonable grounds to believe that

(a) the child needs protection, and

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

(2) Notice of the time, date and place of the presentation hearing relating to an application under this section must be served in accordance with section 33.1 (1), (2) and (3).

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

(4) The director's authority or duty under this Act to remove a child applies whether or not

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

(b) a date is set for hearing an application under section 29.1, or

(c) any other steps have been taken under this Act

with respect to the child.

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

(1) If a child is removed under section 30, 36 or 42, a director has care of the child until

(a) the child is returned by the director under section 33 (1) or (1.1) or 48,

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

(c) the child is returned by the court under section 35 (2) (c), 36 (3) (a) (i) or (b) (i) or 42.1 (6) (b) (i), or

(d) the court makes a custody or supervision order under section 60 (1),

whichever happens first.

7 Section 33 is amended

(a) in subsection (1) by striking out "Before the presentation hearing, a director may return a child" and substituting "Before a presentation hearing relating to the removal of a child under section 30, the director may return the child", and

(b) by adding the following subsections:

(1.1) Before a presentation hearing relating to the removal of a child under section 36 or 42, the director may return the child to the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, if

(a) the director is satisfied that circumstances have changed so that the order in force at the time of the removal is adequate to protect the child, or

(b) the director is, as a result of new information received after the removal, satisfied that the order in force at the time of the removal is adequate to protect the child.

(4) If a director returns a child under subsection (1.1) and withdraws from a hearing referred to in that subsection, the order that was in force when the child was removed continues to apply.

8 The following sections are added to Division 4:

Timing and notice of presentation hearing
about application for supervision order

33.1 (1) No later than 10 days after the date of applying under section 29.1 for a supervision order, the director must attend court for a presentation hearing unless the court is notified that the director does not intend to proceed with the application.

(2) At least 7 days before the date set for the presentation hearing, notice of the date, time and place of the hearing must be served on

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

(b) the person with care of the child.

(3) The notice must be in the form of a written report described in section 33.2 (1).

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

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

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

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

(5) The director need not inform a person under subsection (4) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

Presentation hearing about application for supervision order

33.2 (1) At a presentation hearing relating to an application under section 29.1 for a supervision order, the director must present to the court a written report that includes

(a) the grounds for making the application, and

(b) an interim plan of care for the child, including the director's recommendations about the terms and conditions to be included in the supervision order.

(2) If satisfied that there are reasonable grounds to support the director's concerns regarding the child, the court must make at the conclusion of the presentation hearing an interim order that the director supervise the child's care.

Nature of presentation hearing

33.3 A presentation hearing is a summary hearing and must be concluded as soon as possible.

9 Section 35 is amended

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

(1) At a presentation hearing relating to the removal of a child under section 30, the director must present to the court a written report that includes

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

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity, and

(c) information about any less disruptive measures considered by the director before removing the child. , and

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

10 Section 36 is repealed and the following substituted:

If an interim supervision order no longer protects the child

36 (1) A director must, without any further court order, remove a child who is the subject of an interim order under section 33.2 (2) or 35 (2) (b) if either or both of the following apply:

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

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

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

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

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

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

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

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

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

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

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

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision and that the child be under the director's supervision, or

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

11 Section 37 is repealed and the following substituted:

Arranging a subsequent hearing

37 (1) At the conclusion of a presentation hearing under section 33.2, 35 or 36 (2), the court must set the earliest possible date for a hearing to determine if the child needs protection, or confirm any date previously set for the protection hearing, unless the court has made

(a) no order under section 33.2 (2),

(b) an order under section 35 (2) (c), or

(c) a consent order under section 60.

(2) The date set under subsection (1) for commencing the hearing must not be more than 45 days after the conclusion of the presentation hearing, and the hearing must be concluded as soon as possible.

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

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

13 Section 39 is amended

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

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

(a) to notice of a hearing under section 42.1, 42.2, 44, 46, 55, 57, 58 or 97 relating to the child, and , and

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

(a) to notice of a hearing under section 42.1, 42.2, 44, 46, 49, 55, 57, 58 or 97 relating to the child, and .

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

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

(a) if the child was removed, order the director to return the child as soon as possible to the parent apparently entitled to custody unless the child has already been returned, and

(b) if an application was made under section 29.1, dismiss the application and terminate any interim order made under section 33.2 (2).

15 Section 41 is amended

(a) in subsection (1) by striking out "If the court" and substituting "Subject to subsection (2.1), if the court",

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

(c) by adding the following subsection:

(2.1) If an application was made under section 29.1 about the child and the court finds that the child needs protection, the court must order that the director supervise the child's care for a specified period of up to 6 months.

16 The following section is added:

Content of supervision orders

41.1 The court may attach to a supervision order terms and conditions recommended by the director to implement the plan of care, including

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

(b) daycare or respite care,

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

(d) the requirement that the director remove the child if a person does not comply with one or more specified terms or conditions of the order.

17 Section 42 is repealed and the following substituted:

Enforcement of supervision order after the protection hearing

42 (1) A director must, without any further court order, remove a child who is the subject of a supervision order made under section 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (b) or (c), 46 (3) or 49 (8) if either or both of the following apply:

(a) the director has reasonable grounds to believe that the supervision order no longer protects the child;

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

(2) The entry powers given by section 30 (2) apply for the purpose of removing a child under this section and section 30 (3) applies.

Presentation hearing about enforcement of the supervision order

42.1 (1) No later than 7 days after the day a child is removed under section 42, the director must attend court for a presentation hearing.

(2) Subsection (1) does not apply if the director returns the child under section 33 (1.1) and withdraws from the presentation hearing.

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

(a) the parent or other person who, at the time of the removal, was caring for the child under the director's supervision;

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

(c) if practicable, the persons referred to in section 34 (b), (c) and (d).

(4) The director need not inform a person referred to in section 34 (b), (c) or (d) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

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

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

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity.

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

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

(b) an interim order

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

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

(7) When an interim order is made under subsection (6), the court must set a date, not more than 45 days after the removal, for a hearing to determine if the child was removed in accordance with section 42.

Subsequent hearing about enforcement of supervision order

42.2 (1) At least 10 days before the date set under section 42.1 (7), notice of the time, date and place of the hearing must be served on the following:

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

(b) subject to paragraph (c), the persons who under section 39 are entitled to notice;

(c) if the supervision order was made under section 49 (8), the persons who under section 49 (3) are entitled to notice;

(d) unless already served under paragraph (b) or (c), a person referred to in section 42.1 (3) (a).

(2) If a person referred to in subsection (1) (b) to (d) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

(3) If not satisfied at the hearing that the child was removed in accordance with section 42, the court must order

(a) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

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

(4) Subject to subsection (7), if satisfied at the hearing that the child was removed in accordance with section 42 (1), the court must make one of the following orders in the child's best interests:

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

(i) be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

(ii) be under the director's supervision;

(b) that the child remain or be placed in the custody of the director for a specified period in accordance with section 43;

(c) that the child be placed in the custody of a person other than a person referred to in paragraph (a) for a specified period in accordance with section 43 and be under the director's supervision;

(d) that the child be placed in the continuing custody of the director unless that conflicts with section 41 (2).

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

(a) the period during which the child is under the director's supervision before the child is removed under section 42 (1);

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

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

(7) If satisfied at the hearing that a child who was the subject of a supervision order under section 49 (8) was removed in accordance with section 42 (1), the court must order that the child be placed in the continuing custody of the director.

18 Section 44 is amended

(a) in subsections (1) and (3) by striking out "that led to the child being removed" and substituting "that caused the child to need protection", and

(b) in subsection (3) (a) by striking out "6 months" and substituting "12 months".

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

(2) In this section, "initial order" means a temporary custody order made under section 41 (1) (b) or (c) or 42.2 (4) (b) or (c).

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

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

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

21 Section 47 is amended

(a) in subsection (1) by striking out "or when a child is removed under section 35 (3) (b), 36 (1) or 42 (1) (d)", and

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

22 Section 49 is amended

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

(b) in subsection (3) (b) by adding "42.2," after "section 42 (2),", and

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

23 Section 61 is amended by adding the following subsections:

(3) If an application for an extension of a supervision order is adjourned, the terms and conditions of the supervision order continue to apply until the court disposes of the application even though the supervision order expires during the adjournment.

(4) Subsection (3) is subject to section 44.

24 Section 93 (1) (g) is amended by striking out "and" at the end of subparagraph (iii), by adding "and" at the end of subparagraph (iv) and by adding the following subparagraph:

(v) with any ministry of the government or any community agency if an agreement is necessary to integrate the planning and delivery of preventive and support services to families and children; .

25 The following section is added:

No reprisals because of review

101.1 (1) A person must not intimidate, coerce, discipline or otherwise discriminate against a child because the child

(a) has requested a review under the procedure established under section 93 (3), or

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

(2) A person must not discharge, suspend, expel, intimidate, coerce, evict or impose a financial or other penalty on, or otherwise discriminate against, a person other than a child because the person

(a) has requested a review under the procedure established under section 93 (3), or

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

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

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

27 Section 103 (2) (f) is amended by striking out "section 34;" and substituting "sections 33.1 and 34;".

28 Section 20 (2), as re-enacted by the Supplement to the Child, Family and Community Service Act, is amended by striking out "must" and substituting "may".

Commencement

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

 
Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia, 1996. The Revised Statutes of British Columbia, 1996 came into force on April 21, 1997.]

SECTION 1: [Child, Family and Community Service Act, amends section 1] repeals and replaces definitions to add section references needed because of other amendments to the Act.

SECTION 2: [Child, Family and Community Service Act, amends section 3] adds 2 new service delivery principles.

SECTION 3: [Child, Family and Community Service Act, amends section 16 (3)] requires a director to report the results of an investigation into a child's need for protection to any person or community agency, if the director determines this is necessary to ensure the child's safety or well-being.

SECTION 4: [Child, Family and Community Service Act, enacts section 29.1] allows a director to initiate protection proceedings by applying for a supervision order without removing the child. A director can use this new procedure if he or she has reason to believe the child needs protection and that a supervision order would be adequate to protect the child.

SECTION 5: [Child, Family and Community Service Act, repeals and replaces section 30 (4)] clarifies that the director's authority or duty to remove a child who needs protection applies regardless of whether any other steps are being taken under the Act.

SECTION 6: [Child, Family and Community Service Act, repeals and replaces section 32 (1)] expands a provision specifying the length of time a director has care of a child who has been removed under the Act. The expansion is needed because of the amendments made by sections 7 (b), 10 and 17 of this Bill and to take consent orders into account.

SECTION 7: [Child, Family and Community Service Act, amends section 33] expands a provision specifying the circumstances in which the director may return a child. The expansion is needed because of the new section 33.1 and the amendments to sections 36 and 42.

SECTION 8: [Child, Family and Community Service Act, enacts sections 33.1 to 33.3] adds 3 sections:

SECTION 9: [Child, Family and Community Service Act, amends section 35]

SECTION 10: [Child, Family and Community Service Act, re-enacts section 36] ensures that the director's duties and powers relating to the enforcement of interim orders apply to interim supervision orders obtained under the new procedure. Also the amendments clarify the circumstances in which the child may be removed from the home, the nature of the proceeding following the removal and the court's authority to make orders.

SECTION 11: [Child, Family and Community Service Act, re-enacts section 37] adds references to presentation hearings relating to supervision orders and their enforcement. Also, the amendments clarify the circumstances in which the court need not set a date for a protection hearing.

SECTION 12: [Child, Family and Community Service Act, amends section 38 (1)] adds to the list of people who must be served with notice of a protection hearing. The change is consequential to the amendments to section 37.

SECTION 13: [Child, Family and Community Service Act, amends section 39]

SECTION 14: [Child, Family and Community Service Act, repeals and replaces section 40 (2)] makes changes to section 40 (2) that are consequential to the new procedure of initiating protection proceedings by applying for a supervision order.

SECTION 15: [Child, Family and Community Service Act, amends section 41] makes changes that are consequential of the new procedure for initiating protection proceedings for applying for a supervision order.

SECTION 16: [Child, Family and Community Service Act, enacts section 41.1] re-enacts as a separate section the current 42 (1) of the Act and clarifies the intent of section 42 (1) (d).

SECTION 17: [Child, Family and Community Service Act, re-enacts section 42] replaces section 42 with 3 sections:

SECTION 18: [Child, Family and Community Service Act, amends section 44]

SECTION 19: [Child, Family and Community Service Act, repeals and replaces section 45 (2)] is consequential to other changes to the Act.

SECTION 20: [Child, Family and Community Service Act, amends section 46 (2)] adds the list of people who are entitled to notice of an application under section 46 of the Act.

SECTION 21: [Child, Family and Community Service Act, amends section 47] is consequential to the amendments to section 32 (1) of the Act.

SECTION 22: [Child, Family and Community Service Act, amends section 49]

SECTION 23: [Child, Family and Community Service Act, adds section 61 (3) and (4)] allows a supervision order to remain in effect until the court disposes of an application to extend the order, subject to the time limit in section 44 (3) (a).

SECTION 24: [Child, Family and Community Service Act, amends section 93 (1) (g)] allows a director to make an agreement with any ministry of the government or any community agency if necessary to integrate the planning and delivery of preventive and support services to families and children

SECTION 25: [Child, Family and Community Service Act, enacts section 101.1] protects children and other people from reprisals resulting from administrative reviews.

SECTION 26: [Child, Family and Community Service Act, amends section 102 (1)] makes violation of the section prohibiting reprisals an offence.

SECTION 27: [Child, Family and Community Service Act, amends section 103 (2) (f)] adds a cross-reference to the new section 33.1 added by this Bill.

SECTION 28: [Child, Family and Community Service Act, re-enacts section 20 (2)] instead of requiring the director to offer a referral to a family conference coordinator authorizes the director to offer a referral.


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