CHILD AND FAMILY SERVICES AMENDMENT ACT, B I L L. No. 86 An Act to amend The Child and Family Services Act

Transcription

1 1 B I L L No. 86 An Act to amend The Child and Family Services Act (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title 1 This Act may be cited as The Child and Family Services Amendment Act, SS , c C-7.2 amended 2 The Child and Family Services Act is amended in the manner set forth in this Act. Section 2 amended 3 Subsection 2(1) is amended: (a) by repealing clause (c); (b) by adding the following clause before clause (d): (c.1) business day means a day other than a Saturday, Sunday or holiday ; (c) in clause (e) by striking out except where and substituting unless ; (d) by adding the following clause after clause (g): (g.1) dispute resolution means a method for jointly developing a plan of care for a child and includes any or all of the following: (i) mediation; (ii) joint planning conferences; (iii) family group conferencing; (iv) talking circles ; (e) by repealing clause (h); (f) in clause (k) by striking out except where and substituting unless ; (g) in clause (n): (i) in subclause (iii) by striking out a deed and substituting an instrument ; (ii) in subclause (iv) by striking out in loco parentis and substituting in the place of a parent ; and (iii) by adding the following after subclause (iv): but does not include the minister or a person providing out-of-home care services on behalf of the minister ; and

2 2 (h) by adding the following clause after clause (n): (n.1) peace officer means: (i) a member of the Royal Canadian Mounted Police; (ii) a member of a police service as defined in The Police Act, 1990; or (iii) an employee of the Royal Canadian Mounted Police or a police service, as defined in The Police Act, 1990, who is employed in the area of telecommunications. New section 4 4 Section 4 is repealed and the following substituted: Child s best interests 4 If a person or court is required by any provision of this Act other than subsection 49(2) to determine the best interests of a child, the person or court must take into account: (a) the quality of the relationship that the child has with any person who may have a close connection with the child; (b) the mental, emotional, physical and educational needs of the child and the appropriate care or treatment, or both, to meet those needs; (c) the child s cultural and spiritual heritage and upbringing; (d) the home environment proposed to be provided for the child; (e) the plans, with respect to the care of the child, of the person to whom it is proposed that the custody of the child be entrusted; (f) if practicable, the child s wishes, having regard to the age and level of the child s development; (g) the importance of continuity in the child s care and the possible effect on the child of disruption of that continuity; and (h) the effect on the child of a delay in making a decision. New section 7 5 Section 7 is repealed and the following substituted: Emergency care 7(1) If a child is found without his or her parent and in need of assistance to return to the parent, an officer or a peace officer may take custody of the child. (2) If a peace officer believes on reasonable and probable grounds that a child has been wrongfully removed or withheld from a person who has a right to custody of the child without the consent of that person, the peace officer may take custody of the child. (3) If a peace officer has taken custody of a child pursuant to subsection (1) or (2), the peace officer shall deliver the child to an officer or a person who has a right to custody of the child. (4) An officer who has taken custody of a child pursuant to subsection (1) or received a child from a peace officer pursuant to subsection (3) may provide interim care for the child and arrange for the child s return as soon as possible to a person who has a right to custody of the child.

3 3 (5) The minister may: (a) authorize any expenditures required to return a child pursuant to subsection (4) to a person who has a right to custody of the child; and (b) require the person who has a right to custody of the child to reimburse the minister for any expenses incurred pursuant to clause (a). (6) The amount to be reimbursed pursuant to clause (5)(b) is a debt due to and recoverable by the Crown in right of Saskatchewan and may be recovered in any manner authorized by The Financial Administration Act, 1993 or in any other manner authorized by law. Section 8 amended 6(1) Subsection 8(1) is repealed and the following substituted: (1) If a peace officer believes on reasonable and probable grounds that a child who is actually or apparently under 12 years of age has committed an act that, if the child were 12 years of age or more, would constitute an offence pursuant to any Act or any Act of Parliament while out of the supervision of a person who has a right to custody of the child, the peace officer: (a) may take the child into custody as an agent of a person who has a right to custody of the child; and (b) shall: (i) return the child to a person who has a right to custody of the child, or to a person acting on that person s behalf, at the earliest opportunity; or (ii) place the child with an officer who shall ensure the return of the child to a person who has a right to custody of the child, or to a person acting on that person s behalf, at the earliest opportunity. (2) Subsection 8(2) is amended by striking out Where and (3) Subsection 8(3) is amended by adding associated with interim care after expenditures. Section 9 amended 7(1) Subsection 9(1) is repealed and the following substituted: (1) Subject to subsection 68(2), the director may enter into an agreement with a parent for the purpose of providing residential services for the parent s child for a term not exceeding one year if: (a) because of special circumstances, the parent is unable to care for his or her child; or (b) because of the special needs of his or her child, the parent is unable to provide the services required by the child. (2) Subsection 9(3) is amended by striking out shall and substituting must. (3) Subsection 9(5) is amended by striking out shall and substituting must. (4) Subsection 9(6) is amended by striking out where practicable and substituting if practicable.

4 4 Section 11 amended 8 Section 11 is amended: (a) in the portion preceding clause (a) by striking out where and substituting if ; (b) in clause (a): (i) by repealing subclause (iii) and substituting the following: (iii) the child has been or is likely to be: (A) exposed or subjected to harmful interaction for a sexual purpose, including sexual contact, activity or behaviour; or (B) sexually exploited by another person, including conduct that may amount to an offence within the meaning of the Criminal Code ; and (ii) in subclause (vi) by striking out domestic violence and substituting interpersonal violence ; and (c) in paragraph (c)(i)(a) by striking out Criminal Code, the Narcotic Control Act (Canada) or Part III or Part IV of the Food and Drug Act (Canada) and substituting Criminal Code or the Controlled Drugs and Substances Act (Canada). Section 13 amended 9 Section 13 is amended by striking out Where and substituting If. Section 13.1 amended 10(1) Subsection 13.1(1) is amended in the portion preceding clause (a) by striking out where the justice or judge is satisfied by information on the oath and substituting if the justice or judge is satisfied by information on the oath or affirmation. (2) Subsection 13.1(3) is amended by striking out Where and Section 14 amended 11(1) Subsection 14(1) is amended in the portion preceding clause (a) by striking out Where and (2) Subsection 14(2) is amended by striking out Where and (3) Subsection 14(4) is repealed and the following substituted: (4) If the parent and a director do not enter into an agreement pursuant to subsection (2) and an officer believes that the child is in need of protection, the officer shall, within 30 days after giving notice to the parent pursuant to clause (1)(a), apply to the court for a protection hearing. (4) Subsection 14(5) is amended by striking out clause (4)(a) and substituting subsection (4).

5 5 New section Section 15 is repealed and the following substituted: Dispute resolution services 15(1) If an officer has concluded that a child is in need of protection, the officer may offer dispute resolution to the parent for the purpose of obtaining assistance in concluding an agreement with the parent for the provision of family services. (2) The officer mentioned in subsection (1) shall, as soon as is reasonably practicable, apply to the court for a protection hearing if: (a) the parent and the director do not enter into an agreement pursuant to subsection (1); and (b) the officer believes that the child is in need of protection. (3) An application pursuant to subsection (2) may be made by telephone in accordance with the regulations. Section 16 amended 13(1) Subsection 16(1) is amended by striking out where and substituting if. (2) Subsection 16(2) is amended by striking out clear days and substituting business days. (3) Subsection 16(3) is amended by striking out Where and (4) Clause 16(5)(c) is amended by striking out where and substituting if. (5) Subsection 16(6) is repealed and the following substituted: (6) An officer may apply to the court to extend a protective intervention order for an additional period of not more than six months: (a) before the expiry of the protective intervention order; or (b) within 15 days after the expiry of the protective intervention order. (6) Subsection 16(8) is amended by striking out orders made pursuant to this section with respect to a child shall and substituting protective intervention orders made pursuant to this section with respect to a child must. Section 17 amended 14(1) Subsection 17(1) is amended in the portion preceding clause (a) by striking out Where and (2) Subsection 17(2) is repealed and the following substituted: (2) If a peace officer apprehends and removes a child pursuant to subsection (1), the peace officer shall immediately report the matter to an officer, and that officer is to be responsible for the care of the child. (3) Subsection 17(3) is amended by striking out Where at any time an officer no longer believes and substituting If at any time an officer is no longer of the opinion.

6 6 (4) Subsection 17(4) is repealed and the following substituted: (4) If a child apprehended pursuant to subsection (1) is not returned to a person who has a right to custody of the child within 48 hours after being apprehended, an officer shall within seven days, not including the day on which the child was apprehended, apply to the court for a protection hearing. (5) Subsection 17(5) is repealed. (6) Subsection 17(7) is amended by striking out prior to and substituting before. Section 18 amended 15(1) Subsection 18(1) is repealed and the following substituted: (1) An officer may apprehend a person and remove him or her to a place of safety if: (a) the officer concludes, on reasonable and probable grounds, that the person is actually or apparently 16 or 17 years of age and is in need of protection within the meaning of section 11; and (b) the director considers the circumstances to be of an exceptional nature. (2) Subsection 18(3) is amended by striking out, 17 and 20 and substituting and 17. (3) Subsection 18(4) is repealed and the following substituted: (4) Notwithstanding any other provision of this Act, if a person is apprehended pursuant to subsection (1), the minister shall provide family services to the person before the protection hearing. Subsection 19 amended 16(1) Subsection 19(1) is amended in the portion preceding clause (a) by striking out Where and (2) Subsection 19(2) is repealed. Section 20 repealed 17 Section 20 is repealed. Section 21 amended 18 Subsection 21(1) is repealed and the following substituted: (1) An officer shall offer family services to the parent if: (a) a child who has been apprehended pursuant to subsection 17(1) is returned pursuant to subsection 17(3) to a person who has a right to custody of the child; and (b) the officer continues to be of the opinion that the child is in need of protection.

7 7 Section 22 amended 19(1) Subsection 22(2) is amended in the portion preceding clause (a) by striking out Where and (2) Subsection 22(3) is amended in the portion preceding clause (a) by striking out Where an officer has applied for a protection hearing pursuant to subsection 14(4) or 15(3) and substituting If an officer has applied for a protection hearing pursuant to subsection 14(4) or 15(2). (3) Subsection 22(4) is amended by striking out where and substituting if. Section 24 amended 20(1) Subsection 24(1) is amended by striking out clear days notice of a protection hearing to each parent and substituting business days notice of a protection hearing to each party. (2) Subsection 24(3) is amended in the portion preceding clause (a) by striking out shall and substituting must. Section 26 amended 21(1) Subsection 26(1) is amended by striking out in the discretion of the court, be held in camera and substituting if the court considers it appropriate, be closed to the public. (2) Subsection 26(2) is amended in the portion preceding clause (a) by striking out part of a protection hearing, if the court believes that the publication of the report and substituting part of the report of a protection hearing, if the court believes that the publication of the report or part. Section 28 amended 22(1) Subsection 28(1) is amended by striking out shall and substituting must. (2) Subsection 28(2) is amended by striking out, in its discretion,. Section 29 amended 23 Subsection 29(2) is repealed and the following substituted: (2) Notwithstanding that a child receives notice pursuant to clause (1)(a) and may be represented by a lawyer, the child is not a party to the protection hearing. New section Section 33 is repealed and the following substituted: Time limit 33(1) Subject to subsections (2), (3) and (4), on a protection hearing, the court shall, within 60 days after the day on which the hearing commences: (a) determine pursuant to subsection 36(1) whether the child is a child in need of protection; and (b) make an order pursuant to subsection 36(3) or section 37. (2) Subsection (1) does not apply if the court does not have sufficient evidence on which to make an order.

8 8 (3) If the court is unable to hear all the evidence and does not sit again in the period described in subsection (1), the protection hearing is to be adjourned to the next available court day. (4) If a protection hearing is stayed pending the determination of a custody application pursuant to The Children s Law Act, 1997, the time for a determination and order pursuant to subsection (1) does not include the period of the stay of proceedings. Section 35 amended 25 Subsection 35(1) is amended in the portion preceding clause (a) by striking out Where and Section 36 amended 26 Subsection 36(2) is amended by striking out Where and Section 38 amended 27(1) Subsection 38(2) is repealed and the following substituted: (2) An officer may apply for a hearing to determine whether the child continues to be in need of protection: (a) before the expiry of an order mentioned in subsection (1) or the period of supervision ordered pursuant to subsection 37(6); or (b) within 15 days after the expiry of an order mentioned in subsection (1) or the period of supervision ordered pursuant to subsection 37(6). (2) Subsection 38(3) is amended by striking out Where and (3) Subsection 38(4) is amended in the portion preceding clause (a) by striking out subsection (2) and substituting subsection (3). (4) Subsection 38(7) is amended by striking out Where and Section 39 amended 28 Subsection 39(1) is amended in the portion preceding clause (a) by striking out where and substituting if. Part IV repealed 29 Part IV is repealed. Section 49 amended 30 Subsection 49(1) is amended by striking out Where and

9 9 New section Section 50 is repealed and the following substituted: Return of child 50(1) If a child has been voluntarily committed to the minister pursuant to section 46, the voluntary committal may be revoked by the parent who made it by delivering to a director a written notice of revocation: (a) at any time within 21 days after the day on which the voluntary committal was signed; and (b) if, within one year from the day on which the voluntary committal was signed, the child has not been placed for adoption pursuant to The Adoption Act, 1998, at any time within that year. (2) If the director receives a notice pursuant to subsection (1), the director shall, if practicable, inform the other parent. (3) If a child who has been voluntarily committed to the minister pursuant to section 46 has not been placed for adoption pursuant to The Adoption Act, 1998, the court may, on application, extend the time for revocation mentioned in clause (1)(b) if, in the opinion of the court, it is in the best interests of the child within the meaning of that Act. New section Section 52 is repealed and the following substituted: Minister s responsibilities for children in care 52(1) The minister has all the rights and responsibilities of a parent, if a child: (a) has been apprehended and has not been returned to a person who has a right to custody of the child; or (b) is in the care and custody of the minister pursuant to an order made pursuant to clause 37(1)(c) or subsection 37(3), except with respect to adoption proceedings. (2) The minister has all the rights and responsibilities of a parent, including with respect to adoption proceedings, if a child has been permanently committed to the minister pursuant to subsection 37(2) or voluntarily committed to the minister pursuant to section 46. (3) Notwithstanding subsection (2), the Public Guardian and Trustee of Saskatchewan is the guardian of the property of a child mentioned in that subsection. Section 53 amended 33 Clause 53(b) is amended by striking out where and substituting if. Section 54 amended 34 Subsection 54(1) is amended by striking out Where foster care services are provided pursuant to this Act, the director and substituting If foster care services are provided pursuant to this Act, a director.

10 10 Section 55 amended 35(1) Subsection 55(1) is amended in the portion preceding clause (a) by striking out where and substituting if. (2) Subsection 55(2) is amended in the portion preceding clause (a) by striking out pursuant to and substituting mentioned in. Section 56 amended 36 Subsection 56(4) is amended by striking out Where and Section 60 amended 37 Subsection 60(2) is amended by striking out Where and Section 63 amended 38(1) Subsection 63(3) is repealed and the following substituted: (3) Notwithstanding any other Act or law, in the case of an order of committal pursuant to subsection 37(2), no extension of the time for appeal mentioned in subsection (2) is to be granted if the child has been placed in a home for adoption pursuant to The Adoption Act, (2) Subsection 63(5) is amended: (a) in the portion preceding clause (a) by striking out shall be and substituting is ; and (b) in clause (b) by striking out where and substituting if. Section 65 amended 39 Subsection 65(2) is repealed and the following substituted: (2) The tariff of fees for lawyers in the Court of Queen s Bench established pursuant to section 28 of The Queen s Bench Act, 1998 applies to all proceedings on appeal. Section 66 amended 40 Subsection 66(1) is amended: (a) in the portion preceding clause (a) by striking out Where and substituting If ; (b) in subclause (a)(i) by striking out or any Family Services Act or Child Welfare Act ; and (c) in subclause (b)(ii) by striking out or The Family Services Act. New section Section 67 is repealed and the following substituted: Information on status 67 A director shall, on the request of a parent whose child is committed to the minister by an order pursuant to subsection 37(2) or pursuant to section 46, inform the parent as to whether or not the child has been adopted or placed for adoption.

11 11 Section 68 amended 42 Subsection 68(1) is repealed and the following substituted: (1) If a child has been committed to the minister by an order pursuant to subsection 37(2) or pursuant to section 46, or has been placed in the custody of the minister pursuant to clause 37(1)(c) or subsection 37(3), the committal or order expires on the earliest of: (a) the day on which the child attains 18 years of age; (b) the day on which the child is adopted; (c) the day on which the child marries; (d) the day on which the committal of the child is terminated by an order of the court; and (e) the day on which the committal is otherwise terminated pursuant to this Act. Section 69 amended 43 Subsection 69(1) is amended by striking out Where and Section 70 amended 44 Section 70 is amended by striking out legal counsel and substituting a lawyer. Section 72 amended 45(1) Subsection 72(1) is repealed and the following substituted: (1) On the application of a party or on its own motion, the court may, in the same manner as a judge may compel the attendance of witnesses or production of documents in summary conviction proceedings: (a) compel the attendance of any person at a hearing pursuant to this Act for the purpose of giving evidence; and (b) require the production of any document. (2) Subsection 72(5) is amended by striking out Where and (3) Subsection 72(6) is repealed and the following substituted: (6) The court may issue a warrant to compel the attendance of a person in the same manner as a judge may issue a warrant in summary conviction proceedings if: (a) the person fails to comply with the terms of a subpoena issued pursuant to subsection (1); and (b) it is proved that the person was served with the subpoena.

12 12 New section Section 73 is repealed and the following substituted: Minister and others not compellable to give evidence 73 Except in the case of a prosecution respecting a contravention of this Act, the minister, directors, officers and employees of the ministry, members of boards of directors of agencies, officers and employees of agencies and all other persons who are employed in or assist with the administration of this Act are not compellable to give evidence in a court or in a proceeding of a judicial nature to which the minister or a director is not a party concerning any information obtained by them or that came to their attention in the exercise of the powers, carrying out of the responsibilities or carrying out of the functions of the minister, director or agency pursuant to this Act. Section 76 amended 47 Section 76 is amended by striking out Where and Section 77 amended 48(1) Clause 77(1)(b) is amended by striking out department and substituting ministry. (2) Subsection 77(3) is amended by striking out solicitor wherever it appears and in each case substituting lawyer. (3) Subsection 77(4.1) is amended by striking out Where and (4) Subsection 77(5) is amended by striking out Where and (5) Subsection 77(7) is repealed and the following substituted: (7) On an application without notice, the court may make an order for substituted or other service, by letter, advertisement or otherwise as it considers reasonable or it may make an order dispensing with service if the court is satisfied that: (a) prompt personal service of a notice cannot be effected; (b) a person to be served cannot be located; (c) the person to be served is evading service; (d) service of the documents would endanger the safety of the child or the parent who has custody of the child; or (e) on considering the circumstances, an order is necessary. (6) Subsection 77(8) is amended by striking out Where and

13 13 New section Section 78 is repealed and the following substituted: Procedural defects 78 The court may, on application, waive any defect or irregularity in any proceedings pursuant to this Act other than proceedings pursuant to Part V, including a failure to act within the time prescribed by this Act. New section Section 79 is repealed and the following substituted: Immunity 79 No action or proceeding lies or shall be commenced against: (a) the Crown in right of Saskatchewan; (b) the minister; (c) the ministry or any director, officer or employee of the ministry; (d) any agent of the ministry; (e) any peace officer; or (f) any agency, or any officer or employee of an agency; if the person mentioned in clauses (a) to (f) is acting pursuant to the authority of this Act, the regulations or an order made pursuant to this Act, for anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations, or in the carrying out or supposed carrying out of any order made pursuant to this Act or the regulations or any responsibility imposed by this Act or the regulations. Section 80 amended 51 Section 80 is amended: (a) in the portion preceding clause (a) by striking out For the purposes of carrying out this Act according to its intent, the and substituting The ; (b) in clause (e) by striking out mediation and substituting dispute resolution ; (c) by repealing clauses (i), (j) and (k); (d) in clause (l) by striking out and family review panels ; (e) by repealing clauses (r.4) and (r.5) and substituting the following: (r.4) subject to section 74: (i) governing the access of any person or category of persons with respect to any record made or kept pursuant to this Act or the regulations; and (ii) governing the disclosure of any information collected or recorded pursuant to this Act or the regulations ; and

14 14 (f) by adding the following clauses before clause (s): (r.6) with respect to any matter governed by this Act: (i) adopting, as amended from time to time or otherwise, all or any part of any code, standard or guideline; (ii) amending for the purposes of this Act or the regulations any code, standard, or guideline adopted pursuant to subclause (i); (iii) requiring compliance with a code, standard or guideline adopted pursuant to subclause (i); (r.7) respecting the monitoring and enforcement of codes, standards or guidelines and other requirements established or adopted pursuant to this Act or the regulations. Section 81 amended 52 Clause 81(1)(e) is amended by striking out engage in prostitution and substituting be exposed to, or encouraged to engage in, harmful interaction for a sexual purpose. Section 82 amended 53(1) Subsection 82(1) is amended by striking out Where and (2) Subsection 82(2) is repealed and the following substituted: (2) The justice of the peace or judge mentioned in subsection (1) may issue a warrant if he or she is satisfied by the oath or affirmation of an officer that the officer believes on reasonable and probable grounds that: (a) a contravention of clause 81(2)(b) has occurred; and (b) there is evidence of a contravention of clause 81(2)(b) to be found at the place to be searched. Section 83 amended 54(1) Subsections 83(4) to (7) are repealed. (2) Subsection 83(8) is repealed. SS 1994, c 35 amended 55(1) The Child and Family Services Amendment Act, 1994 is amended in the manner set forth in this section. (2) Section 11 is repealed. (3) The portion of section 19 that amends section 80 by adding clause (r.1) is repealed. Coming into force 56 This Act comes into force on assent.

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16 16 SECOND SESSION Twenty-eighth Legislature SASKATCHEWAN B I L L No. 86 An Act to amend The Child and Family Services Act Received and read the First time Second time Third time And passed Honourable Paul Merriman Printed under the authority of The Speaker of the Legislative Assembly of Saskatchewan 2017