Definitions

1   In this regulation:

"Act" means the Child, Family and Community Service Act;

"administrative review" means a review conducted in response to a request under section 15 (1);

"interim plan of care" means a plan of care prepared for a presentation hearing;

"review authority" means the person or persons designated under section 14 to conduct an administrative review.

[am. B.C. Regs. 400/99, s. 1; 350/2005, Sch. 4, s. 1.]

Best interests of child

2   Where there is a reference in this regulation to the best interests of a child, all relevant factors must be considered in determining the child's best interests, including for example, the factors listed in section 4 of the Act.

Terms to be included in agreements

3   An agreement under section 5, 6 or 7 of the Act must include terms permitting

(a) the parent to terminate the agreement on giving the director notice as set out in the agreement, and

(b) the director to terminate the agreement on giving the parent notice as set out in the agreement, which must provide for at least 7 days' notice.

Reports to court about removal, return and withdrawal from proceeding

4   (1) For the purpose of section 33.2 (1) of the Act, a report must be in Form F.

(2) For the purpose of sections 35 (1) or 42.1 (5) of the Act, a report on the circumstances that caused a director to remove a child must be in Form A.

(3) For the purpose of each of the following sections of the Act, a report or withdrawal must be in Form B:

(a) a return under section 33 (1.1);

(b) section 33 (3);

(c) section 33.01 (2);

(d) section 48 (2).

(3.1) For the purpose of section 33.05 (3) or 48.4 (3) of the Act, a report must be in Form G.

(3.2) For the purpose of section 50.04 (3) of the Act, a report must be in Form H.

(4) Despite subsections (1) to (3.2), an address and telephone number of a person other than the director need not be included in a report or withdrawal if it might result in a person being molested, harassed or annoyed.

[en. B.C. Reg. 171/98, s. 1; am. B.C. Regs. 350/2005, Sch. 4, s. 2; 82/2014, Sch., s. 1; 187/2018, App., s. 1; 275/2023, App., s.1.]

Information about less disruptive measures

5   For the purposes of section 35 (1) (c) of the Act, information about any less disruptive measures considered by a director before removing a child must be in Form A.

[am. B.C. Reg. 171/98, s. 2.]

Plans of care

6   A plan of care must be prepared in writing by the director responsible for the child.

Contents of interim plan of care

7   (1) An interim plan of care relating to the removal of a child under sections 30 and 42 of the Act must be in Form A.

(1.1) An interim plan of care relating to an application under section 29.1 of the Act must be in Form F.

(2) In addition to the information required under sections 33.2 (1) (b), 35 (1) (c) and 42.1 (5) of the Act, an interim plan of care must include the following:

(a) the child's name and date of birth;

(b) the child's current living arrangement;

(c) whether or not the child's views on the plan have been considered;

(d) if known, the name, date of birth, home address and home and work telephone numbers of the child's parents;

(e) whether or not the parents have been involved in the development of the plan;

(f) the name, business address and business telephone number of the director responsible for the child, including an after-hours emergency phone number;

(g) the director's recommendations about the care and supervision of the child and about access to the child;

(h) if the child is an Indigenous child, the steps to be taken to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community.

(3) Despite subsection (2) (b) and (d), an address and telephone number of a person other than the director need not be included if it might result in a person being molested, harassed or annoyed.

(4) The email address of the director responsible for the child may be included in an interim plan of care.

[am. B.C. Regs. 171/98, s. 3; 350/2005, Sch. 4, s. 3; 17/2019, App., s. 1; 275/2023, App., s. 2.]

Contents of other plans of care

8   (1) In this section, "plan of care" means a plan of care prepared for a court hearing to consider an application for an order,

(a) other than an interim order, that a child be returned to or remain in the custody of the parent apparently entitled to custody and be under a director's supervision for a specified period, or

(b) that a child be placed in the custody of a director under

(i) a temporary custody order, or

(ii) a continuing custody order.

(2) A plan of care must include the following information:

(a) the child's name and date of birth;

(b) the child's current living arrangement and whether an order has been made under the Act about the child;

(c) the overall goal of the plan of care;

(d) whether or not the child's views on the plan of care have been considered;

(e) if known, the name, date of birth, home address and home and work telephone numbers of the child's parents and siblings;

(f) the name, business address and business telephone number of the director responsible for the child, including an after-hours emergency phone number;

(g) in the case of an Indigenous child other than a Treaty First Nation child or a Nisg̱a'a child, the name of the child's First Nation or Indigenous community, in the case of a Treaty First Nation child, the name of the child's Treaty First Nation and in the case of a Nisg̱a'a child, the Nisg̱a'a Lisims Government;

(h) the parents' involvement in the development of the plan of care, including their views, if any, on the plan;

(i) in the case of an Indigenous child other than a Treaty First Nation child or a Nisg̱a'a child, the involvement of the child's First Nation or Indigenous community, in the case of a Treaty First Nation child, the involvement of the child's Treaty First Nation and in the case of a Nisg̱a'a child, the involvement of the Nisg̱a'a Lisims Government, in the development of the plan of care, including its views, if any, on the plan;

(j) if the director is applying for an order described in subsection (1) (a) or a temporary custody order,

(i) a description of the services to be provided to the parent as agreed to by the parent, and

(ii) the goals of the services to be provided to the parent and the method of determining if they have been met;

(k) a description of the services to be provided to the child;

(l) the goals of the services to be provided to the child and the method of determining if they have been met;

(m) a description of how the director proposes to meet the child's need for

(i) continuity of relationships, including ongoing contact with parents, relatives and friends,

(ii) continuity of education and of health care, including care for any special health care needs the child may have, and

(iii) continuity of cultural heritage, religion, language, and social and recreational activities;

(n) in the case of an Indigenous child, the steps to be taken to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community and to comply with section 71 (3) of the Act;

(o) a description of any outstanding needs of the child that have not been resolved and the plan for resolving them;

(p) if the director intends to apply for a continuing custody order, a description of the arrangements being made to meet the child's need for permanent stable relationships;

(q) a schedule for the review of the plan of care.

(3) Despite subsection (2) (b) and (e), an address and telephone number of a person other than the director need not be included if it might result in a person being molested, harassed or annoyed.

(4) The email address of the director responsible for the child may be included in a plan of care.

[am. B.C. Regs. 331/2002, App. 2, s. 1; 36/2009, s. 1; 274/2012, Sch., s. 1; 17/2019, App., s. 2; 275/2023, App., s. 3.]

Contents of plan of care if director seeking order that child be placed in temporary or permanent custody of care provider

8.01   (1) In this section:

"care provider" means the person, other than a director or parent, in whose custody the director is applying to the court for

(a) a temporary custody order to place a child, or

(b) an order under section 54.01 (5) of the Act to permanently transfer custody of a child;

"plan of care" means a plan of care prepared for a court hearing to consider an application that a child be placed in the temporary or permanent custody of a care provider.

(2) A plan of care must include the following information:

(a) the information described in section 8 (2) (a), (c) to (e), (g) to (i), and (o);

(b) the child's current living arrangement and whether

(i) an agreement has been made under section 8 (1) of the Act about the child,

(ii) an order has been made under the Act about the child, and

(iii) an application is being made for a temporary custody order or an order permanently transferring custody under section 54.01 (5) of the Act;

(c) the name, business address and business telephone number of the director providing services to the child, including an after-hours emergency phone number;

(d) the care provider's involvement in the development of the plan of care including the care provider's views on the plan;

(e) a description of the services to be provided to the care provider as agreed to by the care provider;

(f) the goals of the services to be provided to the care provider and the method of determining if they have been met;

(g) whether financial assistance is to be provided to the care provider;

(h) a description of how the care provider proposes to meet the child's need for

(i) continuity of relationships, including ongoing contact with parents, relatives and friends,

(ii) continuity of education and health care, including care for any special health care needs the child may have, and

(iii) continuity of cultural heritage, religion, language, and social and recreational activities;

(i) in the case of an Indigenous child, the steps to be taken to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community;

(j) confirmation that the director is satisfied with the care provider's ability to care for the child;

(k) if the director is applying for a temporary custody order,

(i) a description of the services to be provided to the parent as agreed to by the parent,

(ii) a description of the services to be provided to the child, and

(iii) the goals of the services to be provided to the parent and the child and the method of determining if they have been met.

(3) Despite subsection (2) (a) and (b), an address and telephone number of a person other than the director need not be included if it might result in a person being molested, harassed or annoyed.

(4) The email address of the director providing services to the child may be included in a plan of care.

[en. B.C. Reg. 274/2012, Sch., s. 2; am. B.C. Regs. 82/2014, Sch., s. 2; 17/2019, App., s. 3; 275/2023, App., s. 4.]

When a youth needs assistance

8.1   A director may enter into an agreement with a youth under section 12.2 of the Act only if the director is satisfied that each of the following apply in respect to the youth:

(a) the youth

(i) is affected by a significant adverse condition, such as severe substance abuse, a significant behavioural or mental disorder, or sexual exploitation as that term is used in section 13 (1.1) of the Act,

(ii) is in the care of a director under an order or agreement that is about to expire, and it would be in the best interests of the youth if an agreement under section 12.2 of the Act were in place following expiry of the order or agreement, or

(iii) is or is likely to be in need of protection as described in section 13 of the Act, and an agreement with the youth under section 12.2 of the Act would be a safe and effective alternative to dealing with the youth under Part 3 of the Act;

(b) reasonable efforts to support the youth in the home of the youth's parent or other adult person have been unsuccessful;

(c) the youth requires services and assistance as described by section 12.2 (2) of the Act beyond that which is available to the youth through other sources, including through other government delivered or government sponsored programs;

(d) the youth understands the responsibilities and implications of entering into the agreement;

(e) the youth demonstrates ability and readiness to

(i) engage in supported independent living,

(ii) address and manage risks that may affect the youth's safety and well-being, and

(iii) implement a plan for independence prepared under section 12.2 (3) of the Act.

[en. B.C. Reg. 464/2003; am. B.C. Reg. 350/2005, Sch. 4, s. 4.]

Contents of plan for independence

8.2   For the purposes of section 12.2 (3) of the Act, a plan for independence must contain the following:

(a) a description of the behavioural commitments of the youth, the responsibilities and promised acts of the youth and the director under the agreement, and any relevant timelines;

(b) information necessary to support and preserve the youth's cultural, racial, linguistic and religious heritage;

(c) in the case of an Indigenous youth, information necessary to support the youth to learn about and practise the youth's Indigenous traditions, customs and language and to belong to the youth's Indigenous community;

(d) a description of the youth's plan to make the transition to independence, addressing education, employment, residential arrangements and interpersonal relationships;

(e) a plan outlining how the youth's performance under the agreement, including accomplishments and successes, will be monitored throughout the term of the agreement.

[en. B.C. Reg. 400/99, s. 3; am. B.C. Reg. 17/2019, App., s. 4.]

Agreements under section 12.3 of Act

8.3   (1) In this section:

"eligible child" means a person who is 12 years of age or over but is under 19 years of age;

"specified personal guardianship" means

(a) personal guardianship of a director under

(i) section 51 (1) (a) of the Infants Act, or

(ii) section 29 (3) (a) of the Family Relations Act, R.S.B.C. 1996, c. 128, as it read immediately before its repeal by the Family Law Act, or

(b) personal guardianship of an adoption director under section 24 (1) or 75 of the Adoption Act.

(2) A director may enter into an agreement under section 12.3 of the Act with a person who is a specified adult and meets one or more of the following criteria:

(a) the person was, immediately before the person's 19th birthday,

(i) the subject of a continuing custody order,

(ii) the subject of a specified personal guardianship,

(iii) a party to an agreement under section 12.2 of the Act, or

(iv) the subject of an arrangement under an Indigenous law that is comparable to an arrangement described in any of subparagraphs (i) to (iii);

(b) the person was, while an eligible child, the subject of a permanent transfer of custody under

(i) section 54.01 (5) or 54.1 (3) of the Act, or

(ii) an Indigenous law;

(c) the person was, while an eligible child, adopted and, immediately before the adoption, was the subject of

(i) a continuing custody order,

(ii) a specified personal guardianship, or

(iii) an arrangement under an Indigenous law that is comparable to an arrangement described in subparagraph (i) or (ii);

(d) the person was, on at least 730 days while an eligible child,

(i) the subject of an agreement under section 6, 7 or 8 of the Act,

(ii) a party to an agreement under section 12.2 of the Act,

(iii) the subject of an interim order under section 35 (2) (a) or (d), 36 (3) or 42.1 (6) of the Act, other than an interim order that the person be returned to or remain with a parent,

(iv) the subject of a temporary custody order,

(v) the subject of a continuing custody order,

(vi) the subject of a specified personal guardianship, or

(vii) the subject of an arrangement under an Indigenous law that is comparable to an arrangement described in any of subparagraphs (i) to (vi).

(3) A reference in this section to an Indigenous law is a reference to an Indigenous law of any of the following:

(a) a First Nation in British Columbia;

(b) the Nisg̱a'a Nation;

(c) a Treaty First Nation.

(4) In determining whether arrangements are comparable for the purposes of this section, a director must

(a) consult the relevant Indigenous authorities, and

(b) consider both the nature and the purpose of the arrangement.

[en. B.C. Reg. 76/2024, Sch., s. 2.]

Agreements under section 12.3 of Act — programs and activities

8.31   For the purposes of section 12.3 (2) (b) (ii) of the Act, educational, health and cultural programs and activities are prescribed, including, without limitation, programs and activities relating to

(a) vocational training,

(b) life-skills development,

(c) rehabilitation or mental health,

(d) the specified adult's culture or heritage, or

(e) in the case of an Indigenous specified adult, the specified adult's Indigenous identity and connection to an Indigenous community and the land.

[en. B.C. Reg. 76/2024, Sch., s. 3.]

Agreements under section 12.4 of Act

8.32   A director may enter into an agreement under section 12.4 of the Act with a person in relation to a specified adult if

(a) the specified adult meets one or more of the criteria set out in section 8.3 (2) (a) to (d) of this regulation, and

(b) the person provided residential services for the specified adult immediately before the specified adult's 19th birthday.

[en. B.C. Reg. 76/2024, Sch., s. 3.]

Age and duration caps

8.4   (1) A director may not make an agreement under section 12.3 of the Act with a specified adult if the agreement would

(a) extend beyond the calendar month of the specified adult's 27th birthday,

(b) provide for financial assistance for purposes described in section 12.3 (2) (a) beyond the calendar month of the specified adult's 20th birthday,

(c) provide for financial assistance for purposes described in section 12.3 (2) (b) (i) beyond the calendar month of the specified adult's 21st birthday, unless the financial assistance is

(i) provided while the specified adult is also receiving assistance for a purpose described in section 12.3 (2) (b) (ii), or

(ii) limited to a rent supplement, or

(d) result in the specified adult receiving under agreements under section 12.3 support services or financial assistance, or both, for purposes described in section 12.3 (2) (b) (ii) for more than 84 months.

(2) A director may not make an agreement under section 12.4 of the Act for the benefit of a specified adult if the agreement would extend beyond the calendar month of the specified adult's 21st birthday.

[en. B.C. Reg. 76/2024, Sch., s. 4.]

Time limits extended due to COVID-19 emergency

8.5   (1) In this section:

"agreement" means an agreement made under section 12.3 of the Act;

"COVID-19 emergency" means the emergency that is the subject of

(a) the notice provided on March 17, 2020 by the provincial health officer under section 52 (2) of the Public Health Act, and

(b) the declaration of a state of emergency made on March 18, 2020, and any extension of that declaration, under section 9 of the Emergency Program Act;

"eligible person" means an adult

(a) with whom a director has entered into an agreement,

(b) who was, on or after March 17, 2020, enrolled in a program referred to in the agreement, and

(c) who did not voluntarily cease enrolment in the program during the suspension period;

"end of the COVID-19 emergency" means the later of the following:

(a) the date on which the provincial health officer provides notice under section 59 (b) of the Public Health Act that the COVID-19 emergency has passed;

(b) the date on which the last extension of the declaration of a state of emergency, referred to in paragraph (b) of the definition of "COVID-19 emergency", expires or is cancelled;

"enrolled", in relation to a life skills or rehabilitative program, includes to be registered or otherwise listed as a person who is taking part in the program;

"program" means any of the following types of programs that are referred to in an eligible adult's agreement:

(a) an educational or vocational training program;

(b) a life skills or rehabilitative program;

"suspension period" means the period that begins March 17, 2020 and ends as follows:

(a) if the end of the COVID-19 emergency occurs on or before the 15th day of a month, on the last day of the month;

(b) if the end of the COVID-19 emergency occurs after the 15th day of a month, on the last day of the following month.

(2) This section applies despite section 8.4 and anything to the contrary in an eligible person's agreement.

(3) The running of the period set out in section 8.4 (a) is suspended, in relation to an eligible person, during the suspension period if a director is satisfied of either of the following:

(a) the eligible person is not participating in a program because the program is temporarily suspended for a reason related to the COVID-19 emergency;

(b) the eligible person

(i) is not participating in a program because the program is suspended as scheduled, and

(ii) is not employed or otherwise self-supporting for a reason related to the COVID-19 emergency.

(4) If an eligible person to whom subsection (3) applies turns 27 years old either during the suspension period or, if the eligible person's program resumes, during the current term of the program, the limit set out in section 8.4 (b) does not apply and the director may continue payments under the agreement until whichever of the following applies:

(a) on the date on which the director is satisfied that the eligible person's program will not resume;

(b) if the eligible person's program resumes, the end of the month in which the current term of the program ends.

[en. B.C. Reg. 95/2020; am. B.C. Reg. 82/2023, s. (b).]

Child protection mediators

9   (1) For the purposes of section 22 of the Act, a director must establish a roster of mediators.

(2) If a director and another person agree to mediation as a means of resolving an issue relating to a child or a plan of care, the director must choose from the roster a mediator acceptable to the other person.

Assistance with costs of attending mediation

10   If a person who has agreed with a director on mediation needs assistance, the director may pay all or part of any day-to-day expenses that are necessary for the person to attend mediation, including expenses for

(a) transportation,

(b) day care, and

(c) food.

[am. B.C. Reg. 350/2005, Sch. 4, s. 5.]

Repealed

10.1   Repealed. [B.C. Reg. 211/2024, App. 1, s. 1.]

Indigenous organizations

11   For the purpose of being informed by the director under section 33.1 (4) (c), 34 (3) (d), 36 (2.1) (e) or 42.1 (3) (c) of the Act about presentation hearings,

(a) the Indigenous organizations listed in Column 2 of Schedule 1 are prescribed for cases involving First Nations children of the First Nations listed opposite in Column 1, and

(b) the Indigenous organizations listed in Column 2 of Schedule 2 are prescribed for cases involving Indigenous children, other than Treaty First Nation children, Nisg̱a'a children and children referred to in paragraph (a),

(i) who are 12 years of age or over and have identified any of the Indigenous communities listed opposite in Column 1, or

(ii) who are under 12 years of age and whose parents have identified any of the Indigenous communities listed opposite in Column 1.

[en. B.C. Reg. 17/2019, App., s. 7.]

Designated representatives

12   (1) The designated representative of a First Nation is as follows:

(a) if the First Nation is named in Column 1 of Schedule 1, a person who holds a position listed opposite in Column 3;

(b) if the First Nation is not named in Column 1 of Schedule 1, a person who, for that First Nation,

(i) holds the position of First Nation manager,

(ii) holds a position of social development officer, or

(iii) if there is neither a First Nation manager nor a social development officer for that First Nation, holds an equivalent position.

(2) The designated representative of the Nisg̱a'a Lisims Government is a person who holds a position listed in Schedule 1A.

(2.1) The designated representative of a Treaty First Nation listed in Column 1 of Schedule 1B is a person who holds a position listed opposite in Column 2.

(3) The designated representative of an Indigenous community listed in Column 1 of Schedule 2 is a person who holds a position listed opposite in Column 3.

[en. B.C. Reg. 331/2002, App. 2, s. 3; am. B.C. Regs. 36/2009, s. 2; 17/2019, App., s. 8; 211/2024, App. 1, s. 2.]

Additional purposes

12.1   The following purposes are prescribed in respect of which a director may make an agreement under section 92.1 (2) (c) of the Act:

(a) to assist the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community to fulfill its shared responsibility for the upbringing and well-being of its Indigenous children by providing to the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community, on a regular basis,

(i) the name, date of birth and care status of all of its Indigenous children whose care status is described by one of the following:

(A) a child in care;

(B) a child who is not described in clause (A) and who is the subject of an interim order for custody or a temporary custody order made under the Act, and

(ii) the names of the parents of each child referred to in subparagraph (i) unless the child is a child in care under section 6 or 7 of the Act;

(b) to involve the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community in the development of less disruptive measures respecting the Indigenous children of the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community.

[en. B.C. Reg. 17/2019, App., s. 9.]

Definition

12.2   In this Part, "Indigenous authority confirmation" means, in respect of an Indigenous child, the confirmation and, if applicable, request provided by an Indigenous authority to a director under the following provisions of the Act:

(a) section 33.02 (b), in the case of

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

(ii) a request that the director withdraw

provided before a presentation hearing or before the conclusion of a presentation hearing;

(b) section 48.1 (b), in the case of

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

(ii) a request that the director withdraw

provided after a presentation hearing;

(c) section 50.02 (1), in the case of a confirmation that the Indigenous authority intends to have custody, under an Indigenous law, of an Indigenous child who is in the continuing custody of the director.

[en. B.C. Reg. 275/2023, App., s. 5.]

Indigenous authority confirmation

12.3   (1) For the purposes of section 33.02 (b), 48.1 (b) or 50.02 (1) of the Act, an Indigenous authority confirmation may be

(a) in Form I, or

(b) in a form determined by the Indigenous authority.

(2) The Indigenous authority confirmation must include the following information:

(a) the child's name and, if known, date of birth;

(b) the name of the Indigenous authority;

(c) the name of an individual, or the position held by an individual, authorized to accept service on behalf of the Indigenous authority and the relevant address for service;

(d) identification of the Indigenous law that applies to the child;

(e) confirmation that the Indigenous authority

(i) is or will be providing child and family services in accordance with the Indigenous law, in the case of

(A) a confirmation and request described in section 33.02 of the Act provided before a presentation hearing or before the conclusion of a presentation hearing, or

(B) a confirmation and request described in section 48.1 of the Act provided after a presentation hearing, or

(ii) intends to have custody of the child under the Indigenous law, in the case of a confirmation described in section 50.02 (1) of the Act.

[en. B.C. Reg. 275/2023, App., s. 5.]

Definitions

12.4   In this Division:

"applicant" has the same meaning as in

(a) section 33.04 (1) of the Act, in respect of an Indigenous law order application relating to an order respecting Indigenous law made under subsection (8) of that section,

(b) section 48.3 (1) of the Act, in respect of an Indigenous law order application relating to an order respecting Indigenous law made under subsection (8) of that section, or

(c) section 50.03 (1) of the Act, in respect of an Indigenous law order application relating to an order respecting Indigenous law made under subsection (8) of that section;

"Indigenous law order application" means an application for an order respecting Indigenous law;

"order respecting Indigenous law" means an order made under section 33.04 (8), 48.3 (8) or 50.03 (8) of the Act;

"registered mail" means any method of mail delivery provided by Canada Post for which confirmation of delivery to a named person is available;

"relevant person" means a person described in the following provisions of the Act:

(a) section 33.03 (1);

(b) section 48.2 (1);

(c) section 50.02 (2).

[en. B.C. Reg. 275/2023, App., s. 5.]

Notification of withdrawal — before presentation hearing or before conclusion of presentation hearing

12.5   (1) For the purposes of section 33.03 of the Act, a director's notification to a relevant person may be provided

(a) in writing, or

(b) by speaking to the person by telephone.

(2) A written notification under subsection (1) (a) to a relevant person who may be an applicant must be in Form J.

(3) A written notification under subsection (1) (a) must be delivered

(a) personally,

(b) by registered mail, email or fax, as applicable, to the mailing address, email address or fax number that has been confirmed by the relevant person,

(c) by registered mail, to the address where the director has had recent contact with the relevant person

(i) in person at the relevant person's address, or

(ii) by mail from the relevant person, or

(d) by email or fax, as applicable, to the email address or fax number from which the relevant person has recently contacted the director.

(4) Subject to subsection (6), the date of notification is, if delivered

(a) personally, the day the notification is delivered,

(b) by registered mail, the day the notification is delivered,

(c) by email or fax and

(i) if the notification is transmitted before 4 p.m. on a business day, the day of transmission, or

(ii) if the notification is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the next business day after the date of transmission.

(5) Subject to subsection (6), the date of notification by telephone under subsection (1) (b) is the day that the notification is provided by the director speaking to the relevant person by telephone.

(6) If a director notifies a relevant person by more than one method, the notification is effective on the date that the relevant person was first notified.

[en. B.C. Reg. 275/2023, App., s. 5.]

Notice of withdrawal — after presentation hearing

12.6   (1) For the purposes of section 48.2 of the Act, a director's notice to a relevant person who may be an applicant must be in Form J.

(2) The notice under subsection (1) must be served in accordance with Rule 6 of the Provincial Court (Child, Family and Community Service Act) Rules.

[en. B.C. Reg. 275/2023, App., s. 5.]

Notice of custody intent of Indigenous authority

12.7   (1) For the purposes of section 50.02 of the Act, a director's notice to a relevant person who may be an applicant must be in Form K.

(2) The notice under subsection (1) must be served in accordance with Rule 6 of the Provincial Court (Child, Family and Community Service Act) Rules.

[en. B.C. Reg. 275/2023, App., s. 5.]

Repealed

12.8   Repealed. [B.C. Reg. 102/2024, App., s. 1.]

Repealed

13   Repealed. [B.C. Reg. 350/2005, Sch. 4, s. 6.]

Director to designate persons to conduct reviews

14   (1) A director must designate a person or persons as a review authority to conduct administrative reviews.

(2) A person who was involved in the matter under review must not be designated as a review authority for that matter.

[am. B.C. Reg. 57/2012, s. 1.]

Request for review

15   (0.1) In this section:

"delegate of the Representative for Children and Youth" means a person acting under authority delegated to the person under section 8 of the Representative for Children and Youth Act to perform the functions under section 6 (a) (ii) of that Act;

"Representative for Children and Youth" means the Representative for Children and Youth appointed under section 2 of the Representative for Children and Youth Act;

"young adult" means a person who has entered into an agreement, or is eligible to enter into an agreement, with a director under section 12.3 of the Act.

(1) Any of the following persons may, at any time, request an administrative review set out in subsection (1.1):

(a) the child;

(b) the young adult;

(c) a parent of the child;

(d) the Representative for Children and Youth or a delegate of the Representative for Children and Youth;

(e) any person representing the child, young adult or parent.

(1.1) The persons set out in subsection (1) may request an administrative review of the following:

(a) any decision, act or failure to act of a director that relates to a service to a child, young adult or family under Part 2, 2.1, 3 or 4 of the Act;

(b) a decision respecting section 75, 76, 77 or 79 of the Act;

(c) a request for or collection of information by the director under section 96 of the Act.

(2) A request for an administrative review

(a) must be made to a director, and

(b) may be made in writing, in person, by telephone or by any other means.

(3) A director must ensure that information about the right to request an administrative review and about the review process is available to anyone

(a) who asks the director to provide services under Part 2, 2.1, 3 or 4 of the Act,

(b) who is provided with those services,

(c) who exercises a right in relation to section 76, or

(d) to whom the director refuses to disclose information under section 77.

[am. B.C. Regs. 400/99, s. 5; 350/2005, Sch. 4, s. 7; 57/2012, s. 2; 273/2012, ss. 1 and 2 (a); 56/2024, Sch.]

Decision not to proceed with review

16   (1) A review authority may decide not to proceed with an administrative review if

(a) the review authority considers that the request for review does not relate to a matter mentioned in section 15 (1),

(b) the child or young adult, as applicable, who would be the subject of the review, or the person who requested the review, does not want to proceed with the review,

(c) the director and the person who requested the review agree to an alternate mechanism for resolving the matter,

(d) the director resolves the matter to the satisfaction of the person who requested the review,

(e) the matter is before the court, or

(f) the review authority considers that the remedy sought from it would conflict with an order or decision of the court.

(2) On deciding not to proceed with an administrative review, the review authority must notify the person who requested the review of the decision and the reasons.

[am. B.C. Regs. 400/99, s. 6; 350/2005, Sch. 4, s. 8; 57/2012, s. 3.]

How reviews are conducted

17   (1) A review authority

(a) must commence an administrative review as soon as possible after a request is made, and

(b) must complete the review within 30 days after the request is made, unless

(i) the review authority decides under section 16 not to proceed with the review, or

(ii) the review authority and the person who requested the review agree to extend the time limit.

(2) The review authority must make reasonable efforts to determine the views of

(a) the child, if the child is the subject of the review,

(a.1) the young adult, if the young adult is the subject of the review,

(b) the person requesting the administrative review, and

(c) the director concerned.

(3) The review authority may seek the views of and information from any person if the review authority believes it necessary to do so in order to make a decision about the review.

[am. B.C. Reg. 57/2012, s. 4.]

Factors to be considered

18   In arriving at its decision, a review authority must consider

(a) the principles in sections 2 and 3 of the Act,

(b) the policies and procedures for the administration of the Act, and

(c) available resources.

Outcome of review

19   (1) On completing the administrative review, the review authority may recommend that the director concerned do anything that could legally have been done in the circumstances under review.

(2) Within 7 days of completing the administrative review, the review authority must provide a copy of its decision to

(a) the person who requested the review, including a child or young adult,

(a.1) the child, if the child is the subject of the review and will not be provided a copy of the decision under paragraph (a), unless, in the opinion of the review authority, it is not in the child's best interests to provide the child with a copy of the decision,

(a.2) the young adult, if the young adult is the subject of the review and will not be provided a copy of the decision under paragraph (a),

(b) the director, and

(c) any other person the review authority considers necessary to ensure that the Act is administered in accordance with the principles in sections 2 and 3 of the Act.

[am. B.C. Regs. 57/2012, s. 5; 273/2012, s. 2 (b).]

Criteria for when a director must consider conducting a review

19.1   (1) In this section, "critical injury" means an injury to a child that may

(a) result in the child's death, or

(b) cause serious or long-term impairment of the child's health.

(2) After a director becomes aware of the critical injury or death of a child, the director must consider conducting a review of that critical injury or death if

(a) the child or the child's family was receiving a service under the Act at the time of, or in the year previous to, the critical injury or death of the child, and

(b) in the opinion of the director, the service received, or a policy or practice relating to the service received, may have significantly contributed to the critical injury or death of the child.

[en. B.C. Reg. 188/2007, s. (a).]

Repealed

20-24   Repealed. [B.C. Reg. 350/2005, Sch. 4, s. 9.]

Definition for disclosure purposes

25   For the purposes of disclosure under section 64 of the Act before a protection hearing, "party to a proceeding" includes any of the following:

(a) each parent of the child;

(b) a director;

(c) in the case of an Indigenous child,

(i) if the child is a First Nation child, a representative of that First Nation,

(ii) if the child is a Nisg̱a'a child, a representative of the Nisg̱a'a Lisims Government,

(ii.1) if the child is a Treaty First Nation child, a representative of the Treaty First Nation, and

(iii) in any other case,

(A) if the child is 12 years of age or older, a representative of an Indigenous community identified by the child, or

(B) if the child is under 12 years of age, a representative of an Indigenous community identified by the parents of the child;

(d) any person specified by the court.

[am. B.C. Regs. 331/2002, App. 2, s. 4; 36/2009, s. 3; 17/2019, App., s. 10.]

Disclosure of personal information in reports relating to services

25.1   (1) In this section, "third party" means any person.

(2) For the purposes of releasing a finalized report or part of a finalized report under section 79 (g.2) of the Act, a director must not disclose personal information in the report or part of the report if the disclosure would be an unreasonable invasion of a third party's personal privacy under section 22 (2) to (4) of the Freedom of Information and Protection of Privacy Act.

[en. B.C. Reg. 188/2007, s. (b).]

Repealed

26   Repealed. [B.C. Reg. 350/2005, Sch. 4, s. 10.]

Forms

27   The forms in Schedule 3 are prescribed for the purposes of the Act and this regulation.