Child, Family and Community Service Act -- CHILD, FAMILY AND COMMUNITY SERVICE REGULATION

"Advocate" means the Child, Youth and Family Advocate appointed under the Child, Youth and Family Advocacy Act;

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

"Children's Commission" means the Children's Commission established under section 2 of the Children's Commission Act;

"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.

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

(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 purposes of sections 35 (1) and 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 purposes of sections 33 (3) and (4) and 48 (2) of the Act, a report or withdrawal must be in Form B.

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.

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 42.1 (5) 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 35 (1) (c), 33.2 (1) (b) and 42.1 (5) of the Act, an interim plan of care must include the following:

(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 aboriginal child, the steps to be taken to preserve the child's aboriginal identity.

(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.

Contents of other plans of care

8 (1) In this section, "plan of care" means a plan of care prepared for any court hearing other than a presentation hearing.

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

(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 aboriginal child, the name of the child’s Indian band, aboriginal community or, if the child is a Nisga’a child, the Nisga’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 aboriginal child, the involvement of the child’s Indian band, aboriginal community or, if the child is a Nisga’a child, the Nisga’a Lisims Government in the development of the plan of care, including its views, if any, on the plan;

(j) a description of the services to be provided to the parent as agreed to by the parent;

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

(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 aboriginal child, the steps to be taken to preserve the child's cultural identity 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;

(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.

When a youth needs assistance

8.1 In exercising the discretion given to the director under section 12.2 of the Act to make a written agreement with a youth who needs assistance, the director must determine whether 2 or more of the following apply:

(d) the youth does not attend school, work or an educational or therapeutic program and is living

(B) does not provide adequate protection from the elements, security of tenure, personal safety and affordability, or

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;

(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;

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 the 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

Aboriginal organizations

11 For the purpose of informing them 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 aboriginal organizations listed in column 2 of Schedule 1 are prescribed for cases involving aboriginal children who are registered or entitled to be registered as members of the Indian bands listed opposite in column 1, and

(b) the aboriginal organizations listed in column 2 of Schedule 2 are prescribed for cases involving aboriginal children, other than those referred to in paragraph (a),

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

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

Designated representatives of Indian bands, aboriginal communities
and the Nisga’a Lisims Government

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

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

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

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

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

Right to request a review by the board is not affected

13 (1) This Part does not operate to prevent anyone from asking the Children's Commission to review a matter within its jurisdiction.

(a) an administrative review of the matter has been requested under this Part, or

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) Wherever practicable, a person who was involved in the matter under review must not be designated as a review authority for that matter.

Request for review

15 (1) Any of the following may, at any time, request an administrative review of any decision, act or failure to act of a director, that relates to the provision of service to a child or family under Part 2, 2.1, 3 or 4 of the Act:

(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, or

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),

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

(e) the matter is before the court or under review by the Children's Commission, or

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

(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.

How reviews are conducted

(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 it decides under section 16 not to proceed with the review.

(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.

Factors to be considered

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

(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.

Definitions

20 In this Part, "applicant" means a person who has a right of access to a record under section 76 of the Act.

Consent to disclosure of information

21 For the purposes of section 76 (1) (b) and (2) (b) of the Act, the consent of a person to the disclosure of information about that person or about a child under 12 years of age in that person's legal care must

If a third party is involved

22 (1) If a director intends to give an applicant access to a record that contains information about a third party that might be excepted from disclosure under section 77 (1) of the Act, the director must give a written notice

(2) The director must decide whether or not to give access to the record or part of the record, but no decision may be made before the third party has had a reasonable period to respond to the director.

(3) If the director decides to give the applicant access to all or part of the record containing information about the third party, the director must

(b) inform the third party of the right to request a review of that decision under subsection (4), and

(ii) a review is requested and the Information and Privacy Commissioner confirms the director's decision.

(4) A third party notified of a decision under subsection (3) may ask the Information and Privacy Commissioner to review the decision by delivering a written request to that commissioner within 30 days after being notified of the decision.

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

Correction of records

23 (1) If an applicant who is given access to a record in the custody or control of a director requests that the record be corrected, the director must

(b) determine whether there is an error in the record or whether information has been omitted from the record.

(2) On complying with subsection (1), the director may correct the record by doing either or both of the following:

(b) adding any information that is new or has not previously been included in the record.

(3) If no correction is made in response to the applicant's request, the director must annotate the record with the correction that was requested but not made.

Who can exercise information rights for others

24 If a person who, under section 76 (1) of the Act, has the right to be given access to a record containing information about him or her and to consent to disclosure of that information is incapable of exercising those rights, they may be exercised on behalf of that person as follows:

(a) on behalf of an incapable child, by the person, other than the director, in whose legal care child is;

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:

(i) if the child is registered or entitled to be registered as a member of an Indian band, a representative of that band,

(ii) if the child is a Nisga’a child, a representative of the Nisga’a Lisims Government, or

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

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

Additional transitional provisions

26 (1) If a child has been apprehended under section 9 (1) of the former Act but no report has been presented to the court under section 11 of that Act before the repeal of that Act and the child has not been returned to the parent apparently entitled to custody, the Child, Family and Community Service Act applies as if the child had been removed under section 30 of that Act.

(2) If an order has been made about a child under section 11 of the former Act but a hearing under section 12 of that Act to determine if the child is in need of protection has not commenced before the repeal of that Act,

(a) sections 12 and 13 (1) and (3) of the former Act continue to apply in respect of the child until an order is made under section 13 of the former Act, and

(b) the provisions of the Child, Family and Community Service Act apply to any subsequent proceedings relating to the child.

(3) If notices have been given under section 13 (7) of the former Act for an extension of an order made about a child under section 13 (1) (c) of that Act,

(a) section 13 of that Act continues to apply in respect of the child until the court has heard and decided the application for the extension, and

(b) the provisions of the Child, Family and Community Service Act apply to any subsequent proceedings relating to the child.

(4) An order that was made under section 13 (7) of the former Act and that has not expired before the repeal of that Act, is deemed to have been made under section 44 (3) (b) of the Child, Family and Community Service Act, except that the time limit in section 44 (3) (b) of that Act does not apply.

(5) In section 107 (3) of the Child, Family and Community Service Act, any reference to any order made under section 11 (2) (d) of the former Act is deemed to be a reference to a permanent order made at a hearing under section11 of the former Act.

Forms

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

* Whether a designated representative is entitled to notice under a provision of the Act must be determined by reference to that provision.

Column 1

Aboriginal
Community

Column 2

Aboriginal
Organization

[sections 33.1 (4) (c),
34 (3) (d), 36 (2.1) (e) and
42.1 (3) (c) of the Child,
Family and Community Service Act]

Column 3

Designated
Representative

[sections 38 (1) (d), 39 (1) (c) and
49 (2) (d) of the Child, Family and
Community Service Act]*

The Chetwyn and Region
Aboriginal Community

Tansi Friendship Center

Executive Director of Tansi Friendship Centre

The Courtenay and Region
Aboriginal Community

Wachiay Friendship Centre Society

Director, Wachiay Friendship Centre Society

The Dawson Creek and
Region Aboriginal Community

Dawson Creek Aboriginal Resources Society
OR
Nawican Friendship Centre

Program Manager of Dawson Creek
Aboriginal Resources Society
OR
Executive Director of Nawican Friendship Centre

The Duncan and Region
Aboriginal Community

Hi'ye'yu Lelum House of Friendship

Executive Director of Hi'ye'yu Lelum House of Friendship

The Fort Nelson and Region
Aboriginal Community

Fort Nelson/Liard Friendship Society

Executive Director of Fort Nelson/Liard Friendship Society

The Fort St. John and Region
Aboriginal Community

Keeginaw Friendship Centre

Legal Information Worker of Keeginaw Friendship Centre

The Kamloops and Region
Aboriginal Community

Interior Indian Friendship Centre

Executive Director of Interior Indian Friendship Centre

The Kelowna and Region
Aboriginal Community

Central Okanagan Friendship Centre Society

Executive Director of Central Okanagan Friendship Centre Society

The Lillooet and Region
Aboriginal Community

Lillooet Friendship Centre Society

Executive Director of Lillooet Friendship Centre Society

The Merritt and Region
Aboriginal Community

Conayt Friendship Centre Society

Executive Director of Conayt Friendship Society

The Mission and Region
Aboriginal Community

Mission Indian Friendship Centre

Family Support Worker of Mission Indian Friendship Centre

The Nanaimo and Region
Aboriginal Community

Tillicum Haus Society

Executive Director of Tillicum Haus Society

The Port Alberni and Region
Aboriginal Community

Port Alberni Friendship Centre

Executive Director of Port Alberni Friendship Centre

The Prince George and
Region Aboriginal Community

Prince George Friendship Centre

Executive Director of Prince George Friendship Centre

The Prince Rupert and Region
Aboriginal Community

Friendship House Association of Prince Rupert

Executive Director of Friendship House Association of Prince Rupert

The Quesnel and Region
Aboriginal Community

Quesnel Tillicum Society

Assistant Executive Director and Referral Worker or
First Nation Family Support Worker of Quesnel Tillicum Society

The Smithers and Region
Aboriginal Community

Dzel K'ant Indian Friendship Centre Society

Executive Director of Dzel K'ant Indian Friendship Centre Society

The Terrace and Region
Aboriginal Community

Kermode Friendship Centre

Executive Director of Kermode Friendship Centre

The Vancouver and Region
Aboriginal Community

Vancouver Aboriginal Child and
Family Services Society

Executive Director of Vancouver Aboriginal Child and Family Services Society

The Vernon and Region
Aboriginal Community

First Nations Friendship Centre

Executive Director of First Nation Friendship Centre

The Victoria and Region
Aboriginal Community

Victoria Native Friendship Centre

Director of Social Programs, Victoria Native Friendship Centre

The Williams Lake and
Region Aboriginal Community

Cariboo Friendship Center

Executive Director of Cariboo Friendship Centre

Métis Community

Métis Commission for Children and Family Services

Executive Director of Métis Commission for Children and Family Services

The Kelly Lake
Aboriginal Community

Kelly Lake First Nations Society

Chief of Kelly Lake First Nation Society

Liard River Reserve #3
located at Lower Post

Liard River Reserve # 3

First Nation Manager

Eastern Arctic Inuit Community

Nanavut Social Development Council

Chairperson of Social Development Council, Nanavut Social Development Council

Western Arctic Inuit Community

Inuvialuit Regional Corporation

Registrar of Enrolment, Inuvialuit Regional Corporation

* Whether a designated representative is entitled to notice under a provision of the Act must be determined by reference to that provision.

The child/ren listed below is/are under the age of nineteen years, and is/are the subject of this report:

If the child/ren is/are aboriginal, the name(s) of the child/ren's aboriginal community or of the band that the child/ren is/are registered or entitled to be registered as member(s) of is/are:

The child/ren was/were removed on the following date and at the following location:

By and in the presence of:
(first list the person removing the child/ren and then any other person(s) present at the time of the removal)

The circumstances that caused the director to remove the child(ren) are as follows:

[ ] section 30 of the Child, Family and Community Service Act in the following circumstance(s) as described by section 13 of the Act:

(a) [ ] the child has been, or is likely to be, physically harmed by the child's parent

(b) [ ] the child has been, or is likely to be, sexually abused or exploited by the child's parent

(c) [ ] the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and the child's parent is unwilling or unable to protect the child

(d) [ ] the child has been, or is likely to be, physically harmed because of neglect by the child's parent

(g) [ ] the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment

(h) [ ] the child's parent is unable or unwilling to care for the child and has not made adequate provision for the child's care

(i) [ ] the child is or has been absent from home in circumstances that endanger the child's safety or well-being

(j) [ ] the child's parent is dead and adequate provision has not been made for the child's care

(k) [ ] the child has been abandoned and adequate provision has not been made for the child's care

(l) [ ] the child is in the care of a director or another person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no longer in force

[ ] section 36 (1) of the Act, which requires the director to remove the child if the director has reasonable grounds to believe that either or both of the following apply:

(i) an order made under section 33.2, 35 (2) (b) or 36 (3) of the Act no longer protects the child;

(ii) a person has not complied with a term or condition of an order under section 33.2, 35 (2) (b) or 36 (3) of the Act and the director is required by that order to remove the child in the event of non-compliance.

[ ] section 42 (1) of the Act, which requires the director to remove the child if the director has reasonable grounds to believe that either or both of the following apply:

(i) that a supervision order made under section 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) of the Act or an interim order made under section 42.1 of the Act no longer protects the child;

(ii) a person has not complied with a term or condition of the supervision or interim order and the director is required by that order to remove the child in the event of non-compliance.

If the child/ren was/were removed under section 30, the following less disruptive measures were considered before removing the child/ren:

The director recommends the following with regard to care and supervision of the child/ren and access by any person to the child/ren:

The child/ren listed below is/are under the age of nineteen years, and is/are the subject of this report:

If the child/ren is/are aboriginal, the name(s) of the child/ren's aboriginal community or of the band that the child/ren is/are registered or entitled to be registered as member(s) of is/are:

If the child/ren has/have been returned under s. 33, the child/ren was/were removed in accordance with the following:

[ ] section 30 of the Child, Family and Community Service Act in the following circumstance(s) as described by section 13 of the Act: