Interpretation

1.  In this Act

"apprehend" means to take a child into custody under this Act;

"child" means a person under 19 years old;

"child care resource" means

(a) a foster home,

(b) a group living home,

(c) a facility, or

(d) a child's own home

approved by the superintendent for the care of a child or children;

"court" means the Provincial Court;

"foster home" means a private home approved by the superintendent for the placement of a child, whether or not payment is made for maintenance of the child;

"guardian" has the same meaning as in the Family Relations Act;

"guardian of the person of a child" has the same meaning as in the Family Relations Act;

"in need of protection" means, in relation to a child, that he is

(a) abused or neglected so that his safety or well being is endangered,

(b) abandoned,

(c) deprived of necessary care through the death, absence or disability of his parent,

(d) deprived of necessary medical attention, or

(e) absent from his home in circumstances that endanger his safety or well being;

"judge" means a judge of the Provincial Court;

"parent" does not include the superintendent but includes

(a) the mother or father of a child,

(b) the guardian or guardian of the person of a child,

(c) the step-parent of a child, where a step-parent relationship is established by marriage between the step-parent and the mother or father of the child,

(d) a person who is under a legal duty to support or maintain a child under an order of a court or under a written agreement,

(e) a person who has been granted custody of or access to the child, and

(f) a person who, having acknowledged a parental relationship to the child, has supported, maintained or cared for the child;

"particulars" means details of any information the superintendent possesses pertaining to anything referred to in section 12.1 (1), (3) or (4), but does not include a copy of any record in the superintendent's possession;

"permanent order" means a permanent order made under section 14;

"superintendent" means the person designated under this Act as the Superintendent of Family and Child Service and, in relation to any power, duty or function that the superintendent has delegated to another person, includes that other person.

Historical Note(s): 1980-11-1; 1990-42-1.

Principles

2.  In the administration and interpretation of this Act the safety and well being of a child shall be the paramount considerations.

Historical Note(s): 1980-11-2.

Officials

3.  (1) The minister shall designate as Superintendent of Family and Child Service a person appointed under the Public Service Act, and the superintendent shall be responsible to the minister for the administration of this Act and the regulations and be the Superintendent of Child Welfare.

(2) The powers of the superintendent, for the purposes of this Act and the regulations, include the power, subject to this Act and the regulations,

(a) to enter into an agreement with a person for the development or provision, or both, of services to children or their families in the Province, and

(b) to enter into an agreement with a person for the custody of a child of whom the superintendent is guardian, or of whom the superintendent has custody, but it is an implied term of the agreement that the superintendent may retake custody of the child at any time,

but a person who enters into an agreement with the superintendent under this subsection is an independent contractor and is not an employee of the government.

(3) The superintendent shall direct the investigation of reports that children may be in need of protection and the keeping of records of the reports and investigations.

(4) The superintendent may delegate any of his powers, duties, functions and capacities under this Act to any person or class of person, and that person or class of person shall be subject to his direction.

Historical Note(s): 1980-11-3.

Short term custody agreements

4.  Where a parent requires temporary assistance in caring for his child, the superintendent may enter into a short term care agreement with the parent providing for

(a) care and custody or intermittent care and custody of the child during a period that does not exceed 3 months,

(b) emergency medical treatment of the child in the absence of the parent,

(c) resumption of care and custody of the child by the parent, and

(d) other matters agreed between the parent and superintendent.

Historical Note(s): 1980-11-4.

Special care agreements

5.  Where the superintendent and a parent agree that the parent's child is in need of special care, the superintendent may enter into a special care and custody agreement with the parent providing for

(a) care and custody or intermittent care and custody of the child during a period that does not exceed 6 months,

(b) the nature of the care to be provided to the child,

(c) emergency medical treatment of the child in the absence of the parent,

(d) renewal of the agreement for further periods of not more than 12 months each, and

(e) other matters agreed between the parent and superintendent.

Historical Note(s): 1980-11-5.

General provisions respecting agreements

6.  (1) Where a short term care or special care agreement has been made,

(a) the parent may on notice to the superintendent terminate the agreement and retake custody of his child at any time during the term of the agreement,

(b) the parent is not relieved of his obligation to maintain the child,

(c) the agreement does not limit the power of a court to hear an application or make an order respecting the child, and

(d) the superintendent may terminate the agreement by giving the parent 7 days' notice of termination.

(2) Where a short term care or special care agreement expires or is terminated and the parent neglects, refuses or is unable to resume custody of the child, the term of the agreement is extended for a period of 30 days.

(3) If within the 30 days referred to in subsection (2) the parent does not resume custody of the child, the child shall be deemed to be abandoned, and the superintendent may proceed under this Act as though he had apprehended the child.

Historical Note(s): 1980-11-6.

Duty to report

7.  (1) A person who has reasonable grounds to believe that a child is in need of protection shall forthwith report the circumstances to the superintendent or a person designated by the superintendent to receive such reports.

(2) The duty under subsection (1) overrides a claim of confidentiality or privilege by a person following any occupation or profession, except a claim founded on a solicitor and client relationship.

(3) No action lies against a person making a report under this section unless he makes it maliciously or without reasonable grounds for his belief.

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

Historical Note(s): 1980-11-7.

Right of entry to investigate certain complaints

8.  Where the superintendent has received a report that a child is in need of protection he shall investigate the circumstances, and if the parent or any other person refuses to allow the superintendent to have access to the child, the superintendent may apply ex parte to a judge in person or by telephone for a warrant authorizing him to enter and search a place specified in the warrant in order to investigate whether the child is in need of protection, and the judge may issue the warrant on being satisfied that access to the child is necessary to the investigation.

Historical Note(s): 1980-11-8.

Apprehending a child

9.  (1) Where the superintendent considers that a child is in need of protection, he may, without warrant, apprehend the child.

(2) Where any person refuses to allow the superintendent to enter the property to apprehend a child under subsection (1), the superintendent may apply ex parte in person or by telephone to a judge for a warrant authorizing the superintendent to enter the property, and the judge may issue the warrant on being satisfied that a request to enter the property for the purpose of apprehending the child was denied, and the superintendent may, on receipt of the warrant, enter the property and apprehend the child.

(3) Where the superintendent or a police officer has reason to believe that

(a) a child is in need of protection, and

(b) the child is in immediate physical danger,

he may, without warrant, enter any premises, using force if necessary and, where he considers it necessary to do so, apprehend the child and remove him to a place of safety.

(4) Where a police officer apprehends a child under subsection (3), he shall immediately report the matter to the superintendent, and the superintendent shall assume custody of the child.

(5) Where a child has been apprehended and before a report is presented to the court under section 11, the superintendent may, if satisfied that continued custody is unnecessary, return the child to the parent apparently entitled to custody.

Historical Note(s): 1980-11-9.

Custody and guardianship by superintendent

10.  (1) Where a child is apprehended, the superintendent

(a) has, subject to section 15, the right to custody of the child until

(i)  the child is returned, in accordance with this Act, to the parent apparently entitled to custody of the child, or

(ii)  an order terminating the superintendent's custody of the child is made under this Act, and

(b) may authorize emergency medical care and treatment of the child prescribed by a medical practitioner.

(2) Where a child is apprehended and an order that the child be or remain in the custody of the superintendent is made under this Act by a court, the superintendent is, subject to subsection (3), the guardian of the person of the child until

(a) the child is returned, in accordance with this Act, to the parent apparently entitled to custody of the child,

(b) another guardian or guardian of the person of the child is appointed under an enactment, or

(c) an adoption order is made in respect of the child under the Adoption Act.

(3) The powers of the superintendent as guardian of the person of a child under this section do not, except where a permanent order is made, include the power to consent to the adoption of the child.

(4) [Repealed 1984-30-43, effective April 2, 1985.]

Historical Note(s): 1980-11-10; [amended 1983-10-21, not in force, amendment not included]; 1984-30-43, effective April 2, 1985.

Procedure following apprehension

11.  (1) Where a child is apprehended, the superintendent shall, not later than 7 days after the apprehension and whether or not the child is still in his custody, present a written report to the court.

(1.1) Before the report is presented to the court under subsection (1), the superintendent shall, where practicable, deliver a copy of the report to the parent apparently entitled to custody of the child.

(2) On presentation of a report under subsection (1), the court may order that the child be brought before the court and shall do one of the following:

(a) make an order approving the superintendent's action in returning the child under section 9 (5) where he has done so;

(b) order the superintendent to return the child to the parent apparently entitled to custody;

(c) order that custody of the child be retaken or retained by the superintendent until a further order is made under section 13;

(d) make an order under section 13 (1),

but the court shall not act under paragraph (d) of this subsection unless the persons referred to in section 12 (2) (a), (b) and (c) consent to an immediate hearing to determine whether the child is in need of protection.

(3) Where the court makes an order under subsection (2) (a) or (b) of this section it may order the superintendent to supervise the care of the child until a hearing is held to determine whether the child is in need of protection.

(4) An order under subsection (2) (c) may include provision for access to the child by his parents.

Historical Note(s): 1980-11-11; 1990-42-2.

Arranging a hearing

12.  (1) Where the court makes an order under

(a) section 11 (2) (a) or (b) it may, or

(b) section 11 (2) (c) it shall

fix a date, not later than 45 days after the date of the order, for commencement of a hearing to determine if the child is in need of protection.

(2) Notice of the hearing fixed under subsection (1) shall be in writing and served, at least seven clear days before the hearing,

(a) on the parents of the child and any person who had custody of the child when the child was apprehended,

(b) on the superintendent, or the person designated to act for him in the locality where the hearing will take place,

(c) if the superintendent believes the child is registered, or is entitled to be registered, as an Indian under the Indian Act (Canada), on the band manager or band social development officer of the Indian band to which the child belongs, and

(d) on other persons the court considers appropriate,

and the court may direct

(e) that notice on any person referred to in paragraphs (a) to (c) be dispensed with, and

(f) how a notice shall be served, or that there shall be substituted service,

and when a direction under paragraph (f) is complied with the notice shall be conclusively deemed to have been sufficiently served, but where a person consents, service of ritten notice on him is not necessary.

(3) A hearing under this section shall be

(a) summary and civil in nature, and

(b) held at a different time or at a different place from the usual time or place for sittings of the court when dealing with criminal matters.

(4) Where a notice is served on a person under this section, he or his agent has a right to be heard at the hearing to which the notice relates.

Historical Note(s): 1980-11-12.

Providing particulars to a parent

12.1  (1) Where a date is fixed for a hearing under section 12 or an application is made under section 13 (6) or (7) or section 14, a parent of the child who is the subject of the hearing or application may deliver a written request to the superintendent to provide to that parent particulars of

(a) the order the superintendent intends to request, and

(b) the reasons for requesting that order, including, where applicable, the reasons for considering the child to be in need of protection.

(2) Not later than 14 days after the date of delivery of the request, the superintendent shall provide to the parent the particulars requested under subsection (1).

(3) Where other reasons come to the superintendent's attention after particulars are provided under subsection (2), the superintendent shall provide to the parent, as soon as practicable, particulars of those reasons.

(4) Where the superintendent decides after particulars are provided under subsection (2) to request another order in place of or in addition to an order referred to in the particulars, the superintendent shall provide to the parent, as soon as practicable, particulars of the other order and the reasons for requesting it.

(5) The superintendent is not required under subsection (2), (3) or (4) to include particulars the provision of which would

(a) be prejudicial to the safety or well being of the child,

(b) endanger the safety of any person, or

(c) reveal, without the consent of the person, the identity of a person who made a report under section 7 (1) respecting the child.

(6) Where the particulars provided to a parent under subsection (2), (3) or (4) are not adequate, the parent may apply to the court for an order directing the superintendent to provide more particulars.

(7) On application under subsection (6), the court may make the order if it considers that the particulars can be provided without

(a) prejudicing the safety or well being of the child,

(b) endangering the safety of any person, or

(c) revealing, without the consent of the person, the identity of a person who made a report under section 7 (1) respecting the child.

(8) A parent who makes an application under subsection (6) shall serve notice of the application on the superintendent

(a) at least 7 clear days before the date for hearing the application, or

(b) within the period the court may order.

(9) No evidence shall be excluded at a hearing under section 12, 13 or 14 because a particular was not provided to a parent in accordance with this section.

Historical Note(s): 1990-42-3.

Temporary custody orders

13.  (1) Where, after holding a hearing to determine whether a child is in need of protection, the court finds that the child is in need of protection, it shall

(a) order that the child remain in the custody of the parent apparently entitled to custody,

(b) order the superintendent to return the child to the parent apparently entitled to custody,

(c) order the superintendent to retain or retake custody of the child for a period the court considers appropriate, not exceeding 12 months, and that during that time a parent pay periodically to the superintendent a sum of money for the child's maintenance, or

(d) proceed with the matter as if an application had been made under section 14 (1), except that for this purpose, section 14 (2) (a) shall be read as permissive,

but where the court finds that the child is not in need of protection, it shall order the superintendent to relinquish custody of him as soon as reasonably possible.

(2) An order made under subsection (1) (a) or (b) must include a provision that the superintendent may supervise the care of the child for a period the court considers appropriate, not exceeding 6 months.

(3) An order under subsection (1) (c) may include provision for a parent to have access to the child.

(4) Where an order for contribution to maintenance is made under this section it shall be enforced and varied in the same way as a maintenance order made under Part 4 of the Family Relations Act.

(5) Where a child is in the custody of the superintendent the court may, on application by the superintendent and on notice to the Public Trustee, appoint the Public Trustee to be the sole guardian of the estate of the child, and the Public Trustee shall, on receipt of notice of the appointment given to him by the superintendent, be the guardian of the estate of the child for a period the court orders.

(6) The superintendent or a parent of the child may, subject to the giving of notices in the same way as under section 12 (2), apply to the court for rescission or variation of an order made under subsection (1) or (5) of this section, on the grounds that the circumstances have significantly changed.

(7) The superintendent may, subject to the giving of notices in the same way as under section 12 (2), apply to the court for extensions, for periods not exceeding 6 months each, of an order made under subsection (1) (c) of this section where he considers it likely that the conditions that led to the taking of the child into custody will be remedied so that the child can be returned to the parent apparently entitled to custody of him.

(8) The superintendent may, subject to the giving of notices in the same way as under section 12 (2), apply to the court before the expiry of an order under subsection (1) (c) of this section or of any period of extension of that order under subsection (7) of this section for an order allowing the superintendent to supervise the care of the child for a period not exceeding 6 months after the child is returned to the parent apparently entitled to custody.

Historical Note(s): 1980-11-13; 1992-53-1.

Permanent order

14.  (1) Where an order has been made under section 13 (1) (c) the superintendent may, by application to be brought on for hearing not sooner than 30 days before the expiration of the order, apply to the court for a permanent order.

(2) The court

(a) shall make a permanent order where

(i)  the child's parent cannot or refuses to resume custody of the child, or

(ii)  the identity or whereabouts of the parents are unknown and have not been ascertained after a diligent search, and

(b) may make a permanent order where

(i)  the superintendent considers that the child ought not to be or cannot be returned to his parent, and

(ii)  the conditions that led to the child's apprehension or similar potentially harmful conditions still persist or exist and there is little likelihood that those conditions will soon be remedied.

(3) The court shall, in deciding whether to make the permanent order, consider

(a) a parent's emotional condition, mental condition, mental deficiency or use of alcohol or drugs and whether these factors make the parent consistently or repeatedly unable to care adequately for the child,

(b) abuse or neglect by the parent of any child in the family,

(c) the child's feelings towards and emotional ties with his parents,

(d) efforts made by the parents to adjust their circumstances, conduct or conditions to make it in the child's best interest to return home, including

(i)  the extent to which the parents have maintained contact with the child and with the person who has had custody of him, and

(ii)  the extent to which the parents, if able to do so, have contributed to the child's maintenance, and

(e) any other factor that the court considers relevant.

(4) A permanent order shall appoint the superintendent guardian of the person of the child and a parent shall, subject to subsection (11) and section 21, not thereafter resume guardianship of the child.

(5) Where the court makes a permanent order, it shall order that the Public Trustee be the guardian of the estate of the child and shall cause a copy of the order to be sent to the Public Trustee.

(6) Section 12 (2) and (3) applies to a hearing of an application under this section.

(7) Where the court does not make a permanent order, it shall order that

(a) the child be returned to the parent apparently entitled to custody, or

(b) the child remain in the custody of the superintendent for a further period not exceeding 6 months, and may include provision for the parent to have access to the child.

(8) On expiry of an order referred to in subsection (7) (b), the court shall

(a) make a permanent order, or

(b) order that the child be returned to the parent apparently entitled to custody.

(9) An order made under this section in respect of a child does not affect his rights respecting inheritance of or succession to property.

(10) Subsection (9) does not affect the operation of the Adoption Act.

(11) Where a permanent order has been made, the superintendent may apply to the court for rescission or variation of theepermanent order, and the court may make an order under this Act it considers appropriate.

(12) A permanent order made pursuant to section 13 (1) (d) shall not, unless

(a) the application for the order is not opposed, or

(b) the consent of the parents or guardian, if any, to permanent committal is obtained,

be effective or operative until 6 months have elapsed from the day an order was made in respect of the child under section 11 (2) (c), but shall, in the meantime, operate as an order under section 13 (1) (c).

Historical Note(s): 1980-11-14.

When superintendent's duties cease

15.  (1) Where the superintendent is guardian of the person of a child or has the right to custody of him under this Act, the superintendent ceases to have guardianship or the right to custody where the child

(a) becomes 19 years old,

(b) becomes adopted, or

(c) marries and the court approves termination of the guardianship.

(2) On ceasing under subsection (1) (a) to have guardianship under a permanent order, the superintendent may enter into an agreement with the former ward to continue providing him or her with support and maintenance if he or she

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

(b) is terminally ill or has a serious mental or physical disability that could prevent or delay independence.

(3) Support and maintenance may be provided under an agreement referred to in subsection (2) for a period that does not extend beyond

(a) the date on which the former ward becomes 21 years old, or

(b) if the former ward is enrolled in an educational or vocational training program on that date, the end of the school year during which he or she becomes 21 years old.

Historical Note(s): 1980-11-15; 1992-53-2.

Placement of children

16.  (1) Where a child is in the custody of the superintendent, the superintendent shall, subject to section 9 (5), arrange, as soon as possible, for the child to be placed in a child care resource.

(2) Where custody of a child is awarded to the superintendent by an order made or enforceable under this Act and the superintendent is denied the exercise of custody, a court may, on ex parte application, order that the child be apprehended by a peace officer and taken to the superintendent.

(3) A person who refuses or neglects to relinquish custody of a child in compliance with an order under subsection (2) commits an offence.

(4) Where a court makes an order under which the superintendent has a right to custody of a child, or where a custody order is enforceable by a court, the court may order that a person

(a) shall not enter premises where the child resides from time to time, or

(b) shall not contact or endeavour to contact or otherwise interfere with either the child or any person having custody of or access to the child,

and the court may make an order under both paragraphs (a) and (b).

Historical Note(s): 1980-11-16.

Visiting and inspecting

17.  (1) A person who has custody of a child under an order or agreement under this Act shall

(a) allow the superintendent to visit the child and to inspect the place where the child lives,

(b) give the superintendent on request full information and particulars about the child, and

(c) allow the superintendent on request to inspect the person's records about the care and maintenance of the child.

(2) Where a person neglects or refuses to comply with subsection (1) (a) or (c), the superintendent may apply ex parte to a court for a warrant authorizing him to enter the premises where the child lives or where the records are kept and to inspect the premises or the records, and the court may issue the warrant on being satisfied that the request was made and that there was no or inadequate compliance, and the superintendent may, on receipt of the warrant, enter the premises, visit the child and inspect the premises and records.

Historical Note(s): 1980-11-17.

Public investigations

18.  Where under this Act or by an arrangement with a child's parent a child lives apart from his parent in the custody of another person, and the superintendent considers that the custody or the place where the child lives is not in the child's best interest and should be publicly investigated, he shall report the circumstances to the minister, and the Lieutenant Governor in Council may, on the recommendation of the minister, appoint a person to inquire into and report on the matter and may direct the nature, extent and manner of the inquiry, and sections 12, 15 and 16 of the Inquiry Act apply.

Historical Note(s): 1980-11-18.

Procedure and powers of court

19.  (1) The court may, with respect to a proceeding under this Act,

(a) compel the attendance of witnesses and administer oaths, and

(b) adjourn the proceeding.

(1.1) Where a court has made an order under section 13 (1) (c), the superintendent has applied for a hearing for an order under section 13 (7) or 14 (1) and the court adjourns the proceeding, the child shall, notwithstanding the fact that the period specified in the order under section 13 (1) (c) has expired during the adjournment, remain in the custody of the superintendent until the application is disposed of by the court.

(2) The court shall deliver to the superintendent a certified copy of the order made after every hearing under this Act, except in respect of an offence.

(3) Where proceedings authorized by this section have been commenced before or heard by a judge who is subsequently unable to hear further proceedings in the same matter, further proceedings may be continued before and heard by another judge having jurisdiction, and he may give directions with regard to the rehearing of evidence, make any necessary interim orders and shall have the same power as if the proceedings had been commenced before and heard throughout by him.

(4) Where a court issues a warrant authorizing the superintendent to enter premises, the superintendent may, if necessary, make the entry by force and may request the assistance of a peace officer, and where he makes such a request, the peace officer may accompany and assist him.

Historical Note(s): 1980-11-19; 1982-76-13.

Appeals

20.  An appeal lies from an order of the court, and sections 91 to 94, 98 to 102, 104, 105 and 107 to 114 of the Offence Act respecting appeals apply.

Historical Note(s): 1980-11-20.

Supreme Court jurisdiction

21.  Nothing in this Act limits the inherent jurisdiction of the Crown, through the Supreme Court, over infants, as parens patriae, and the Supreme Court may rescind a permanent order where it is satisfied that to do so is conducive to a child's best interest and welfare.

Historical Note(s): 1980-11-21.

Records

22.  (1) No person shall disclose information obtained under this Act respecting an individual except

(a) to his own counsel in a proceeding,

(b) when giving evidence in a proceeding, or

(c) where disclosure is necessary for the administration of this Act or is required by another Act.

(1.1) Notwithstanding subsection (1), the superintendent may disclose information obtained under this Act respecting an individual

(a) to any person if the superintendent considers that disclosure of the information is necessary to ensure the safety or well being of a child, or

(b) to the individual if,

(i)  when the individual was a child, the superintendent was guardian of the person of the child or had the right to custody of the child under this Act, and

(ii)  when the information is disclosed, the individual is at least 19 years old.

(2) A person who contravenes this section commits an offence.

Historical Note(s): 1980-11-22; 1988-45-4.

Child acting contrary to law

22.1  (1) Where a peace officer considers that

(a) a child is less than 12 years of age, and

(b) the child

(i)  has acted in a manner prohibited by law, or

(ii)  has failed or refused to act in a manner required by law,

the peace officer may take charge of the child and deliver him to a parent.

(2) Action taken by a peace officer under subsection (1) is not an apprehension for any purposes under this Act.

Historical Note(s): 1984-30-44, effective June 11, 1984 (B.C. Reg. 165/84).

Protection from liability

23.  No person is personally liable for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred by this Act.

Historical Note(s): 1980-11-23.

Regulations

24.  (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) respecting practice, evidence and procedure in the court in proceedings under this Act,

(b) prescribing the circumstances in which a case begun before one judge may be continued before another, or in which a change of venue may be made, and

(c) providing for the recognition and enforcement of orders made in another province or state as to the care, custody, maintenance and guardianship of children who, in that province or state, are in the care, custody or guardianship of a superintendent, director of child welfare or other provincial or state official charged with the supervision or care of children.

Historical Note(s): 1980-11-24.

Spent

25-32.  [Spent. 1980-11-25 to 32.]

Commencement

33.  This Act comes into force on proclamation.

Historical Note(s): 1980-11-33.