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Statutes of Newfoundland 2000


Statutes of Newfoundland 2000 Chapter 7

CHAPTER 7

AN ACT TO AMEND THE CHILD, YOUTH AND FAMILY SERVICES ACT

(Assented to May 12, 2000)

Analysis

1. S.2 Amdt.
Interpretation

2. S.11 Amdt.
Youth care agreement

3. S.23 Amdt.
Removal of child

4. S.26 Amdt.
Notice of removal of child

5. S.32 Amdt.
Medical treatment

6. S.36 R&S
Time limits for temporary orders

7. S.39 Amdt.
Subsequent order

8. S.40 R&S
Bridging provision

9. S.41 R&S
Effect of temporary order

10. S.42 Amdt.
Effect of continuous order

11. S.48 Amdt.
Child returned after 72 hours

12. S.49 Amdt.
Child returned after protective intervention hearing

13. S.50 Amdt.
Hearings and evidence

14. S.53 R&S
Participation by child

15. S.55 R&S
Service of documents

16. S.64 R&S
Information re child's care

17. S.74 R&S
Liability for an offence

18. S.79 Amdt.
Transitional provisions

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SN1998 cC-12.1
as amended

1. Section 2 of the Child, Youth and Family Services Act is amended by adding immediately after subsection 2(2) the following:

(3) Notwithstanding the Unified Family Court Act, for the purpose of sections 23 and 25 in the judicial area as defined in the Unified Family Court Act, "judge" means a judge of the Unified Family Court or a Provincial Court judge.

 

2. (1) Subsection 11(3) of the Act is repealed and the following substituted:

(3) An agreement under this section may be made, even if the youth is not or has not been in the care or custody of a director, but shall not continue beyond the youth's eighteenth birthday unless the young person has been in the care or custody of the director before his or her sixteenth birthday, in which case the agreement may be extended until his or her twenty-first birthday or school leaving, whichever event occurs first.

(2) Subsection 11(5) of the Act is repealed and the following substituted:

(5) Before the agreement is signed, the director or social worker shall ensure that the effect of the agreement is explained to the youth.

 

3. Subsection 23(3) of the Act is amended by striking out the word "premise" and substituting the word "premises".

 

4. (1) Subsection 26(1) of the Act is repealed and the following substituted:

Notice of removal of child

26. (1) Where a child is removed, with or without a warrant, from the care of a parent or other person, a director or social worker shall serve written notice of the removal on the parent and the child, where the child is 12 years of age or over, within 24 hours of the removal stating the reason why the child was removed.

(2) Subsections 26(3) and (4) of the Act are repealed.

 

5. Subsection 32(2) of the Act is repealed and the following substituted:

(2) A parent of a child, and the child, where he or she is 12 years of age or over, shall be served with notice of the time and place of a hearing under this section which shall be held within one day after filing the application.

 

6. Section 36 of the Act is repealed and the following substituted:

Time limits for temporary orders

36. (1) Where a judge grants a temporary order under paragraph 34(2)(b) or (c), the term of the order shall not exceed

(a) 3 months, if the child who is the subject of the order is under 5 years of age when the order is made;

(b) 4 months, if the child who is the subject of the order is 5 years of age or over but under 12 years of age when the order is made; and

(c) 6 months, if the child who is the subject of the order is 12 years of age or over when the order is made,

with a maximum of 3 orders in total during the child's life.

(2) Notwithstanding subsection (1), a fourth order may be granted if

(a) there are exceptional circumstances that in the opinion of the judge warrant exceeding the lifetime maximum of 3 orders; and

(b) the parent may reasonably be expected to resume the custody of the child within a reasonable period,

but a fourth order shall not exceed,

(c) 3 months if the child is under 5 years of age;

(d) 4 months if the child is 5 years of age or over but under 12 years of age; or

(e) 6 months if the child is 12 years of age or over,

when the fourth order is made.

 

7. (1) Subsection 39(1) of the Act is repealed and the following substituted:

Subsequent order

39. (1) Before a supervision order or temporary order expires, a director or social worker may file an application with a judge for another order under paragraph 34(2)(a), (b), (c) or (d).

(2) Subsection 39(3) of the Act is amended by striking out the word "given" and substituting the word "served".

 

8. Section 40 of the Act is repealed and the following substituted:

Bridging provision

40. Where a child is in the custody of a director or another person under a temporary order and an application for another order is filed but not heard before the expiration of the temporary order, the child shall remain in the custody of the director or other person to whom custody was granted under the temporary order until the application is heard and decided.

 

9. Section 41 of the Act is repealed and the following substituted:

Effect of temporary order

41. (1) Where a director has been granted a temporary order under section 34, the director has custody of the child for the specified period and the director or a social worker has the right to make all decisions regarding the child during the specified period.

(2) A director or social worker shall not consent to medical treatment, other than to necessary medical treatment unless a parent consents or the director is granted an order under section 32.

(3) A director referred to in subsection (1) shall not consent to an adoption under the Adoption of Children Act without the consent of the parent from whom the child was removed.

 

10. Subsection 42(1) of the Act is repealed and the following substituted:

Effect of continuous order

42. (1) When an order for continuous custody is made under paragraph 34(2)(d), the director named in the order becomes the sole custodian of the child and the director may consent to the child's adoption in accordance with the Adoption of Children Act.

(1.1) The director or social worker may consent to the provision of medical treatment to the child.

 

11. (1) Paragraph 48(1)(b) of the Act is amended by striking out the word "provide" and substituting the word "serve".

(2) Section 48 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where leave of a judge is sought under this section, the matter may be heard by telephone, teleconference or other means of telecommunication.

 

12. Subsection 49(1) of the Act is amended by adding immediately after the word "director" the words "or social worker".

 

13. Subsection 50(2) of the Act is amended by striking out the word "and" at the end of paragraph (b), striking out the period at the end of paragraph (c) and substituting a semicolon and the word "and" and by adding immediately after that paragraph the following:

(d) evidence taken and a declaration made at a prior hearing under this Act and under a similar statute.

 

14. Section 53 of the Act is repealed and the following substituted:

Participation by child

53. Where a child who is the subject of a hearing under this Act requests that his or her views be known at the hearing, a judge shall

(a) meet with the child with or without the other parties and their counsel;

(b) permit the child to testify at the hearing;

(c) consider any written material submitted by the child; or

(d) allow the child to express his or her views in some other way.

15. Section 55 of the Act is repealed and the following substituted:

Service of documents

55. (1) Where a director, social worker or another person is required under this Act to serve a document on a person, service shall be made by giving a copy of the original document to the person to be served.

(2) Where it is impractical for any reason to personally serve a document on a person, the document may be served in another manner permitted by the rules of the Unified Family Court or Provincial Court.

(3) Personal service under subsection (1) may be proved by a written or oral statement under oath by the person who served the document.

 

16. Section 64 of the Act is repealed and the following substituted:

Information re child's care

64. (1) A director or social worker shall provide information relevant to the care of a child or a youth to a person providing care to or entrusted with the care of the child or youth.

(2) A director or social worker shall provide relevant information concerning the caregiver of a child or youth to the child or youth and the parent of the child or youth, but may withhold information where, in the opinion of the director or social worker, doing so is in the best interests of the child or youth.

 

17. Section 74 of the Act is repealed and the following substituted:

Liability for an offence

74. Unless specifically stated otherwise, a person who

(a) fails to comply with or otherwise contravenes a provision of this Act or the regulations for which a penalty has not been specifically provided; or

(b) fails to comply with an order made under sections 20 and 21 of this Act,

is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 3 months or to both a fine and imprisonment.

 

18. Section 79 of the Act is amended by adding after subsection (2) the following:

(3) Where a child was in the care or custody of the Director of Child Welfare under an order made under the Child Welfare Act, the director employed by the board having responsibility for the area in which the child resides shall on the coming into force of this Act have care or custody of that child.

(4) An order made and a proceeding commenced under the Child Welfare Act shall, on the coming into force of this Act, be considered to be an order made and a proceeding commenced under this Act.

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