Child, Family and Community Service Act

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Child, Family and Community Service Act

[RSBC 1996] CHAPTER 46

Contents
Part 1 — Introductory Provisions
	1	Definitions and interpretation
	2	Guiding principles
	3	Service delivery principles
	4	Best interests of child
Part 2 — Family Support Services and Agreements
	5	Support services for families
	6	Voluntary care agreements
	7	Special needs agreements
	8	Agreements with child's kin and others
	9–10	Not in force. Repealed.
	11	Capacity to make agreements and enforceability of agreements
	12	Agreements do not limit court's power
Part 2.1 — Youth Transitional Support Services and Agreements
	12.1	Support services for youth
	12.2	Agreements with youth
	12.3	Agreements with young adults
Part 3 — Child Protection
	Division 1 — Responding to Reports
	13	When protection is needed
	14	Duty to report need for protection
	15	If a young child breaks the law
	16	Finding out if a child needs protection
	17	If director is denied access to child
	18	If location of child is not disclosed
	19	Orders for access or warrants may be obtained by telephone
	Division 2 — Cooperative Planning and Dispute Resolution
	20	Family conference
	21	Plan of care
	22	Mediation or other alternative dispute resolution mechanisms
	23	Effect of family conference, mediation or other alternative dispute resolution mechanisms on court proceeding
	24	Confidentiality of information
	Division 3 — How Children are Protected
	25	Unattended child
	26	Lost or runaway child
	27	Child in immediate danger
	28	Child who needs to be protected from contact with someone
	29	Child who needs necessary health care
	29.1	If a supervision order is needed
	30	Removal of child
	31	Parents to be notified of child's removal
	32	Care of child until an order is made at the presentation hearing
	33	Returning the child before the presentation hearing
	Division 4 — Child Protection Hearings and Orders
	33.1	Timing and notice of presentation hearing about application for supervision order
	33.2	Presentation hearing about application for supervision order
	33.3	Nature of presentation hearing
	34	Duty to attend and inform others of presentation hearing
	35	Presentation hearing and orders
	36	If an interim supervision order no longer protects the child
	37	Arranging a subsequent hearing
	38	Notice of protection hearing
	39	Parties to proceeding
	40	Protection hearing
	41	Orders made at protection hearing
	41.1	Content of supervision orders
	42	Enforcement of supervision order after the protection hearing
	42.1	Presentation hearing about enforcement of the supervision order
	42.2	Subsequent hearing about enforcement of supervision order
	43	Time limits for temporary custody orders
	44	Extension of supervision orders and temporary orders
	45	Total period of temporary custody
	46	Supervision of child after temporary custody order ends
	47	Effect of interim or temporary custody order
	48	Withdrawing from a proceeding after the presentation hearing
	Division 5 — Continuing Custody Hearings and Orders
	49	Continuing custody hearing and orders
	50	Effect of continuing custody order
	51	Role of Public Guardian and Trustee
	52	Director's duty to notify Public Guardian and Trustee
	53	When continuing custody order ends
	54	Cancellation of continuing custody order
	54.1	Transfer of custody to a person who is not a parent
	54.2	Effect of a transfer of custody under section 54.1
	Division 6 — Related Orders
	55	Access to child in interim or temporary custody of director or other person
	56	Access to child in continuing custody of director
	57	Changes to supervision, temporary custody and access orders
	57.1	Access orders if application made under section 54.1
	58	If child needs assistance of Public Guardian and Trustee
	59	Psychiatric or medical examination orders
	60	Consent orders
	61	Custody of child during adjournments
	62	Suspension of order transferring care or custody from director
	63	Enforcement of custody order
	Division 7 — Procedure and Evidence
	64	Full disclosure to parties
	65	If director is denied access to record
	66	Hearings civil in nature and may be informal
	67	Court may exclude child and decide how child's evidence is received
	68	Evidence of others
	69	Power to vary notice requirements and to make orders without notice
Part 4 — Children in Care
	70	Rights of children in care
	71	Out-of-home living arrangements
	72	Repealed
Part 5 — Freedom of Information and Protection of Privacy
	73	Definition
	74	Freedom of Information and Protection of Privacy Act
	75	Disclosure of information restricted
	76	Who can act for a child
	77	Exceptions to access rights
	78	Repealed
	79	Disclosure without consent
	80	Repealed
Part 6 — Appeals and Reviews
	81	Appeal to Supreme Court
	82	Appeal to Court of Appeal
	83–88	Repealed
	89	Repealed
Part 7 — Administration
	90	Minister's authority to make agreements
	91	Designation of directors
	92	Director's power to delegate
	93	Other powers and duties of directors
	93.1	Administrative reviews
	93.2	Reviews relating to services
	94	Agreements with caregivers
	95	Repealed
	95.1	Transfer to another director
	96	Director's right to information
	96.1	Transfer of director's records
Part 8 — Miscellaneous Provisions
	97	Maintenance agreements and orders
	98	Restraining orders
	99	Supreme Court jurisdiction
	100	Out-of-Province orders and agreements
	101	Protection from liability
	101.1	No reprisals because of review
	102	Offences and penalties
	103	Power to make regulations
	104	Community tribunals
Part 9 — Transitional Provisions
	105	Transition from former Act — general rule
	106	Proceedings begun under the former Act
	107	Orders made under the former Act
	108	Agreements made under the former Act or Child Paternity and Support Act

Part 1 — Introductory Provisions

Effect of family conference, mediation or other alternative dispute resolution mechanisms on court proceeding

23 (1) On application the court may adjourn a proceeding under this Part one or more times, for a total period of up to 3 months, so that a family conference, mediation or other alternative dispute resolution mechanism can proceed.

(2) If the proceeding is adjourned, any time limit applicable to the proceeding is suspended.

(3) If, as a result of a family conference, mediation or other alternative dispute resolution mechanism, a written agreement is made after a proceeding is commenced to determine if the child needs protection, the director may file the agreement with the court.

Confidentiality of information

24 (1) A person must not disclose, or be compelled to disclose, information obtained in a family conference, mediation or other alternative dispute resolution mechanism, except

(a) with the consent of everyone who participated in the family conference or mediation,

(b) to the extent necessary to make or implement an agreement about the child,

(d) if the disclosure is necessary for a child's safety or for the safety of a person other than a child, or is required under section 14.

(2) This section applies despite section 79 of this Act and despite any provision, other than section 44 (1) (b), (2), (2.1) and (3), of the Freedom of Information and Protection of Privacy Act.

(3) Subsection (2) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for at least 100 years or to other information that has been in existence for at least 50 years.

Division 3 — How Children are Protected

Unattended child

25 (1) If a child is found without adequate supervision when any premises or vehicle is entered or when a vessel is boarded under this Act, a director may do any of the following:

(a) take the child to a safe place and arrange for someone to look after the child for up to 72 hours;

(b) remain on the premises, in the vehicle or on the vessel;

(i) until other adequate supervision is available for the child;

(ii) 72 hours.

(2) If homemaker services are provided, the homemaker may enter the premises, vehicle or vessel where the child is and look after the child.

(3) The director must make all reasonable efforts to notify the child's parent of any steps taken by the director under subsection (1).

(4) The director may

(a) authorize a health care provider to examine the child, and

(b) consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.

(5) Subsection (4) does not affect a child's right under section 17 of the Infants Act to consent to health care.

Lost or runaway child

26 (1) A director may take charge of a child for a period of up to 72 hours if it appears to the director that the child is lost or has run away.

(2) On taking charge of the child, the director

(a) must make all reasonable efforts to locate a parent, guardian or other person responsible for the child, and

(b) may take the child to a safe place or arrange for someone to look after the child.

(3) If the person responsible for the child is located, the director may

(a) return the child or facilitate the child's return to that person, or

(b) place the child with another person at the request of the person responsible for the child and with the consent of the other person.

(4) Section 25 (4) and (5) applies to the child while in the charge of the director.

(5) If the person responsible for the child is not located by the end of the 72 hour period, the director no longer has charge of the child.

Child in immediate danger

27 (1) A police officer may, without a court order, take charge of a child if the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger.

(2) A police officer may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of taking charge of a child under subsection (1) if

(a) the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger, and

(b) a person denies the police officer access to the child or no one is available to provide access.

(3) On taking charge of the child, the police officer must immediately report the circumstances to a director and

(a) take the child to a director or to a person or place designated by a director, or

(b) with the approval of a director, return the child to the child's parent or take the child to a person designated by the parent.

(4) If the child is taken to a director or to a person or place designated by a director, the director may take charge of the child for up to 24 hours and must

(a) immediately make all reasonable efforts to notify the child's parent,

(b) investigate the circumstances, and

(5) The director must as soon as possible

(a) return the child to the parent, or

(b) place the child with a person at the request of the parent and with the consent of the other person,

unless the director proceeds under section 30.

(6) Section 25 (4) and (5) applies to the child while in the charge of the director.

Child who needs to be protected from contact with someone

28 (1) If there are reasonable grounds to believe that contact between a child and another person would cause the child to need protection under section 13 (1) (a) to (e) or (i), a director may apply to the court for a protective intervention order.

(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the following:

(a) the person against whom the order is sought;

(b) the child, if 12 years of age or over;

(2.1) The director must, if practicable, inform each parent of the time, date and place of the hearing unless

(a) the parent has already been served under subsection (2), or

(b) informing the parent would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

(3) If satisfied that there are reasonable grounds to believe that contact between the child and another person would cause the child to need protection under section 13 (1) (a) to (e) or (i), the court may, in the child's best interests, do one or more of the following:

(a) prohibit the other person for a period of up to 6 months from contacting or interfering with or trying to contact or interfere with the child or from entering any premises or vehicle or boarding any vessel the child attends;

(b) prohibit the other person for a period of up to 6 months from residing with the child or from entering any premises or vehicle, or boarding any vessel, where the child resides, including any premises, vehicle or vessel that the other person owns or has a right to occupy;

(i) enter into a recognizance, with or without sureties, in an amount the court thinks necessary and reasonable,

(ii) report to the court, or to a person named by the court, for the period of time and at the times and places the court thinks necessary and reasonable, or

(iii) produce to the court, or to a person named by the court, any documents the court thinks fit;

(d) include any terms necessary to implement an order under paragraph (a), (b) or (c).

(3.1) In a protective intervention order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the protective intervention order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the protective intervention order.

(3.2) An order under subsection (3.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(3.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (3.4) and by force if necessary, to enter any dwelling specified in the warrant for the purpose of arresting a person against whom a protective intervention order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(3.4) A police officer may not enter a dwelling specified in a warrant under subsection (3.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(3.5) The court must include in a warrant issued under subsection (3.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(3.6) A person arrested under an order made under subsection (3.1) or a warrant issued under subsection (3.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(b) be released under section 38 (3) of the Offence Act, as though the person had been arrested under a warrant issued under that Act and the warrant had been endorsed under section 38 (2) of that Act.

(4) Before the protective intervention order expires, the director or the person against whom the order was made may apply to the court and the court may do one or more of the following:

(a) change the order;

(a.1) include an order under subsection (3.1);

(b) cancel the order;

(d) extend the term of the order for one period of up to 6 months.

(5) At the request of a director, a police officer must assist in enforcing a protective intervention order.

(5.1) If a director has applied to a court for a protective intervention order under subsection (1) and the court has ordered an adjournment of the hearing, the court may make an interim order

(a) for the purposes described in subsection (3), and

(b) for the period from the adjournment of the hearing until the conclusion of the hearing.

(6) A protective intervention order may be made at any time, including before, at or after a presentation hearing or other hearing.

(7) In this section, "court" means the Supreme Court or the Provincial Court.

Child who needs necessary health care

29 (1) If a child or a parent of a child refuses to give consent to health care that, in the opinion of 2 medical practitioners, is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, a director may apply to the court for an order under this section.

(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

(a) each parent,

(b) the child, if capable of consenting to health care, and

(3) If satisfied that the health care is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, the court may make an order

(a) authorizing the health care,

(b) prohibiting any person from obstructing the provision of the health care,

(d) including any other terms, including the duration of the order, that the court considers necessary.

(4) In this section, "child" includes a child in care.

(5) This section does not limit a director's power to remove the child under section 30 or to take any other steps authorized by this Act to protect the child.

If a supervision order is needed

29.1 (1) A director may apply to the court for an order that the director supervise a child's care if the director has reasonable grounds to believe that

(a) the child needs protection, and

(b) a supervision order would be adequate to protect the child.

(2) Notice of the time, date and place of the presentation hearing relating to an application under this section must be served in accordance with section 33.1 (1), (2) and (3).

Removal of child

30 (1) A director may, without a court order, remove a child if the director has reasonable grounds to believe that the child needs protection and that

(a) the child's health or safety is in immediate danger, or

(b) no other less disruptive measure that is available is adequate to protect the child.

(2) A director may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of removing a child under subsection (1) if

(a) the director has reasonable grounds to believe that the child is in the premises or vehicle or on the vessel, and

(b) a person denies the director access to the child or no one is available to allow access to the child.

(3) If requested by a director, a police officer must accompany and assist the director in exercising the authority given by this section.

(4) A director's authority or duty under this Act to remove a child applies whether or not

(a) a family conference, mediation or other alternative dispute resolution mechanism is scheduled or in progress,

(b) a date is set for hearing an application under section 29.1, or

with respect to the child.

Parents to be notified of child's removal

31 (1) A director who removes a child must promptly make all reasonable efforts to notify each parent of the child's removal.

(2) The notice must if practicable be in writing and must include a statement of the reasons for removing the child.

Care of child until an order is made at the presentation hearing

32 (1) If a child is removed under section 30, 36 or 42, the director has care of the child until

(a) the child is returned by the director under section 33 (1) or (1.1),

(b) the court makes an interim order about the child under section 35 (2), 36 (3) or 42.1 (6), or

(d) [Repealed 1999-26-13.]

whichever happens first.

(2) While the child is in the director's care, the director may

(a) authorize a health care provider to examine the child, and

(b) consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.

(3) On consenting to health care for the child, the director must, if practicable, notify the parent who at the time of the child's removal was apparently entitled to custody.

(4) Subsection (2) does not affect a child's right under section 17 of the Infants Act to consent to health care.

(5) While the child is in the director's care, the director may consent to the child's participation in routine school, social or recreational activities.

Returning the child before the presentation hearing

33 (1) Before a presentation hearing relating to the removal of a child under section 30, the director may return the child to the parent apparently entitled to custody if

(a) the director makes an agreement with the parent that the director considers adequate to protect the child,

(b) the director considers that circumstances have changed so that the child no longer needs protection,

(d) a less disruptive means of protecting the child becomes available.

(1.1) Before a presentation hearing relating to the removal of a child under section 36 or 42, the director may return the child to the parent or other person who, at the time of the removal, was caring for the child under a director's supervision, if

(a) the director is satisfied that circumstances have changed so that the order in force at the time of the removal is adequate to protect the child, or

(b) the director is, as a result of new information received after the removal, satisfied that the order in force at the time of the removal is adequate to protect the child.

(2) When a child is returned, the director must inform the parent in writing whether the director intends to withdraw from a proceeding under this Part or to take further steps under this Part.

(3) If the director does not intend to take further steps under this Part, the director must, within 7 days after the child's removal,

(a) present to the court a written report on the director's reasons for removing and returning the child, and

(b) provide a copy of the report to the child's parent and any person notified of the presentation hearing.

(4) If a director returns a child under subsection (1.1) and withdraws from a hearing referred to in that subsection, the order that was in force when the child was removed continues to apply.

Division 4 — Child Protection Hearings and Orders

Timing and notice of presentation hearing about application for supervision order

33.1 (1) No later than 10 days after the date of applying under section 29.1 for a supervision order, the director must attend court for a presentation hearing unless the court is notified that the director does not intend to proceed with the application.

(2) At least 7 days before the date set for the presentation hearing, notice of the date, time and place of the hearing must be served on

(a) the child, if 12 years of age or over, and

(b) the person with care of the child.

(3) The notice must be in the form of a written report described in section 33.2 (1).

(4) In addition, the director must, if practicable, inform the following of the date, time and place of the presentation hearing:

(a) each parent, if not already served under subsection (2);

(b) the Public Guardian and Trustee, if the parent entitled to custody of the child is under 19 years of age;

(c) the applicable aboriginal organization prescribed in the regulations for the purposes of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;

(d) the Nisga'a Lisims Government, if the child is a Nisga'a child, and

(e) the treaty first nation, if the child is a treaty first nation child.

(5) The director need not inform a person under subsection (4) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

Presentation hearing about application for supervision order

33.2 (1) At a presentation hearing relating to an application under section 29.1 for a supervision order, the director must present to the court a written report that includes

(a) the grounds for making the application, and

(b) an interim plan of care for the child, including the director's recommendations about the terms and conditions to be included in the supervision order.

(2) If satisfied that there are reasonable grounds to support the director's concerns regarding the child, the court must make at the conclusion of the presentation hearing an interim order that the director supervise the child's care.

Nature of presentation hearing

33.3 A presentation hearing is a summary hearing and must be concluded as soon as possible.

Duty to attend and inform others of presentation hearing

34 (1) No later than 7 days after the day a child is removed under section 30, the director must attend the court for a presentation hearing.

(2) Subsection (1) does not apply if the director has returned the child under section 33 and withdrawn from the presentation hearing.

(3) The director must, if practicable, inform the following of the time, date and place of the hearing:

(a) the child, if 12 years of age or over;

(b) each parent;

(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;

(e) the Nisga'a Lisims Government, if the child is a Nisga'a child, and

(f) the treaty first nation, if the child is a treaty first nation child.

Presentation hearing and orders

35 (1) At a presentation hearing relating to the removal of a child under section 30, the director must present to the court a written report that includes

(a) the circumstances that caused the director to remove the child,

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity, and

(2) At the conclusion of the hearing, the court must make

(a) an interim order that the child be in the custody of the director,

(b) an interim order that the child be returned to or remain with the parent apparently entitled to custody, under the supervision of the director,

(d) an interim order that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision.

(3) and (4) [Repealed 1997-46-9 (b).]

If an interim supervision order no longer protects the child

36 (1) A director must, without any further court order, remove a child who is the subject of an interim order under section 33.2 (2), 35 (2) (b) or (d) or subsection (3) of this section if either or both of the following apply:

(a) the director has reasonable grounds to believe that the order no longer protects the child;

(b) the director has reasonable grounds to believe that a person has not complied with a term or condition of the order and a director is required by that order to remove the child if the person does not comply with that term or condition.

(2) The following provisions apply for the purposes of this section:

(a) section 30 (2) and (3) (entry powers and power to require assistance of police officer);

(b) section 34 (1) and (2) (duty to attend presentation hearing);

(2.1) The director must, if practicable, inform the following of the time, date and place of the presentation hearing relating to the child's removal under subsection (1):

(a) the child, if 12 years of age or over;

(b) each parent;

(d) the Public Guardian and Trustee, if the parent apparently entitled to custody is under 19 years of age;

(e) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;

(f) the Nisga'a Lisims Government, if the child is a Nisga'a child;

(g) the treaty first nation, if the child is a treaty first nation child.

(2.2) The director need not inform a person under subsection (2.1) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

(3) At the conclusion of the presentation hearing relating to the child's removal under subsection (1), the court must, as follows:

(a) if the court is not satisfied that the child was removed in accordance with this section, make an interim order

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under a director's supervision, and

(ii) that the order in force at the time of the removal continue to apply, or

(b) if the court is satisfied that the child was removed in accordance with this section, make an interim order

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under a director's supervision and that the child be under the director's supervision, or

(ii) that the child be in the custody of the director.

Arranging a subsequent hearing

37 (1) At the conclusion of a presentation hearing under section 33.2, 35 or 36 (2), the court must set the earliest possible date for a hearing to determine if the child needs protection, or confirm any date previously set for the protection hearing, unless the court has made

(a) no order under section 33.2 (2),

(b) an order under section 35 (2) (c), or

(2) The date set under subsection (1) for commencing the hearing must not be more than 45 days after the conclusion of the presentation hearing, and the hearing must be concluded as soon as possible.

Notice of protection hearing

38 (1) At least 10 days before the date set for a protection hearing, notice of the time, date and place of the hearing must be served as follows:

(a) on the child, if 12 years of age or over;

(b) on each parent;

(c) if the child is registered or entitled to be registered as a member of an Indian band, on a designated representative of the band;

(c.1) if the child is a Nisga'a child, on a designated representative of the Nisga'a Lisims Government;

(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation;

(d) if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, on a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent who at the time of the child's removal was apparently entitled to custody, if the child is under 12 years of age;

(d.1) on any party to the proceeding in which the court made the existing order about the child;

(d.2) on a person who has an interim order for custody of the child under section 35 (2) (d);

(e) on any other person the court considers appropriate.

(2) The notice must specify the orders the director intends to request and include a copy of any plan of care the director intends to present to the court, unless the parent and any other person entitled to notice agree to wait until a later date for that information.

Parties to proceeding

39 (1) If the following persons appear at the commencement of the protection hearing, they are entitled to be parties at the hearing:

(a) each parent of the child;

(b) the director;

(c) if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child, the designated representative of the Indian band or aboriginal community who was served with notice of the hearing;

(d) if the child is a Nisga'a child, the designated representative of the Nisga'a Lisims Government who was served with notice of the hearing;

(d.1) if the child is a treaty first nation child, the designated representative of the treaty first nation who was served with notice of the hearing;

(e) a person who has an interim order for custody of the child under section 35 (2) (d).

(2) If a person referred to in subsection (1) (a), (b), (c), (d) or (d.1) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled

(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and

(b) to be a party at the hearing if the person appears.

(3) If the court orders under section 41 (1) (b) that the child be placed in the custody of a person other than the parent or a director, that person is entitled

(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and

(b) to be a party at the hearing if the person appears.

(4) The court may order that a person be a party at any hearing.

Protection hearing

40 (1) At the protection hearing the court must determine whether the child needs protection.

(2) If the court finds that the child does not need protection, it must

(a) if the child was removed, order the director to return the child as soon as possible to the parent apparently entitled to custody unless the child has already been returned, and

(b) terminate any interim order made under sections 33.2 (2), 35 (2) and 36 (3).

(3) If the court finds that the child needs protection, it

(a) must consider the plan of care presented by the director, and

(b) may hear any more evidence the court considers necessary to help it determine which order should be made under section 41.

Orders made at protection hearing

41 (1) Subject to subsection (2.1), if the court finds that the child needs protection, it must make one of the following orders in the child's best interests:

(a) that the child be returned to or remain in the custody of the parent apparently entitled to custody and be under the director's supervision for a specified period of up to 6 months;

(b) that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision, for a specified period in accordance with section 43;

(c) that the child remain or be placed in the custody of the director for a specified period in accordance with section 43;

(d) that the child be placed in the continuing custody of the director.

(1.1) When an order is made under subsection (1) (b) or (c), the court may order that on the expiry of the order under subsection (1) (b) or (c) the child

(a) be returned to the parent, and

(b) be under the director's supervision for a specified period of up to 6 months.

(2) The court must not order under subsection (1) (d) that the child be placed in the continuing custody of the director unless

(a) the identity or location of a parent of the child has not been found after a diligent search and is not likely to be found,

(b) a parent is unable or unwilling to resume custody of the child, or

(c) the nature and extent of the harm the child has suffered or the likelihood that the child will suffer harm is such that there is little prospect it would be in the child's best interests to be returned to the parent.

(2.1) If an order was made under section 33.2 (2), the child has not been removed since that order was made and the court finds that the child needs protection, the court must order that the director supervise the child's care for a specified period of up to 6 months.

(3) The court may attach to an order under this section any terms or conditions recommended by the director to implement a plan of care.

Content of supervision orders

41.1 The court may attach to a supervision order terms and conditions recommended by the director to implement the plan of care, including

(a) services for the child's parent or another person in the child's home,

(b) daycare or respite care,

(d) the requirement that the director remove the child if a person does not comply with one or more specified terms or conditions of the order.

Enforcement of supervision order after the protection hearing

42 (1) A director must, without any further court order, remove a child who is the subject of 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) or an interim order made under section 42.1, if either or both of the following apply:

(a) the director has reasonable grounds to believe that the supervision order or interim order no longer protects the child;

(b) the director has reasonable grounds to believe that a person has not complied with a term or condition of the supervision order or interim order and a director is required by that order to remove the child if the person does not comply with that term or condition.

(2) The entry powers given by section 30 (2) apply for the purpose of removing a child under this section and section 30 (3) applies.

Presentation hearing about enforcement of the supervision order

42.1 (1) No later than 7 days after the day a child is removed under section 42, the director must attend court for a presentation hearing.

(2) Subsection (1) does not apply if the director returns the child under section 33 (1.1) and withdraws from the presentation hearing.

(3) The director must inform the following of the date, time and place of the presentation hearing:

(a) the parent or other person who, at the time of the removal, had custody of the child under a director's supervision;

(b) the child, if 12 years of age or over;

(d) any person made a party under section 39 (4).

(4) The director need not inform a person referred to in section 34 (3) (b), (c), (d), (e) or (f) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

(5) At the presentation hearing, the director must present to the court a written report that includes

(a) the circumstances that caused the director to remove the child, and

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity.

(6) At the conclusion of the presentation hearing, the court must make

(a) an interim order that the child be in the custody of the director, or

(b) an interim order

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

(ii) that the order in force at the time of the removal continue to apply.

(7) When an interim order is made under subsection (6), the court must set a date, not more than 45 days after the conclusion of the presentation hearing, for a hearing to determine if the child was removed in accordance with section 42.

Subsequent hearing about enforcement of supervision order

42.2 (1) At least 10 days before the date set under section 42.1 (7), notice of the time, date and place of the hearing must be served on the following:

(a) the child, if 12 years of age or over;

(b) subject to paragraph (c), the persons who under section 39 are entitled to notice;

(d) unless already served under paragraph (b) or (c), a person referred to in section 42.1 (3) (a).

(2) If a person referred to in subsection (1) (b) to (d) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

(3) If not satisfied at the hearing that the child was removed in accordance with section 42, the court must order

(a) that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

(b) that the supervision order in force at the time of the removal continue to apply.

(4) Subject to subsection (7), if satisfied at the hearing that the child was removed in accordance with section 42 (1), the court must make one of the following orders in the child's best interests:

(a) that for a specified period in accordance with subsection (5) the child

(i) be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under a director's supervision, and

(ii) be under the director's supervision;

(b) that the child remain or be placed in the custody of the director for a specified period in accordance with section 43;

(c) that the child be placed in the custody of a person other than a person referred to in paragraph (a) for a specified period in accordance with section 43 and be under the director's supervision;

(d) that the child be placed in the continuing custody of the director unless that conflicts with section 41 (2).

(5) The total of the following periods must not exceed 12 months:

(a) the period during which the child is under a director's supervision before the child is removed under section 42 (1);

(b) the period specified in the order under subsection (4) (a) (ii).

(6) Subsection (5) does not apply to a supervision order made in respect of a child in the custody of a person other than the parent.

(7) If the court is satisfied at the hearing that the child

(a) was the subject of a supervision order under section 49 (8), and

(b) was removed in accordance with section 42 (1),

the court must consider the child's need for finality in determining custody, and in the child's best interests, order one of the following:

(i) the circumstances that led to the child's removal will improve within a reasonable time, or

(ii) the parent will be able to meet the child's needs;

(d) an order referred to in subsection (4) (a), (b) or (c).

(8) The director may include in the evidence presented at a hearing under this section the transcript of a hearing held under section 49 with respect to the child.

Time limits for temporary custody orders

43 If a temporary custody order is made, the term of the order must not exceed

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

(b) 6 months, if the child or the youngest child who is the subject of the hearing is 5 years of age or over but under 12 years of age when the order is made, or

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

Extension of supervision orders and temporary orders

44 (1) If the circumstances that caused the child to need protection are likely to improve within a reasonable time, the director may, before the order expires, apply to the court for an extension of

(a) a supervision order other than one made at a continuing custody hearing, or

(b) a temporary custody order.

(2) At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

(a) the child, if 12 years of age or over,

(b) the persons who under section 39 are entitled to notice, and

(3) If satisfied that the circumstances that caused the child to need protection are likely to improve within a reasonable time, the court may, in the child's best interests,

(a) extend the term of the supervision order specified in subsection (1) (a), but not beyond the period permitted under subsection (3.1), or

(b) extend the term of the temporary custody order, but not beyond the period permitted under section 45.

(3.1) The total period during which a child is under a director's supervision must not exceed 12 months, including the periods, if any, during which the child was under a director's supervision before being removed under section 42 (1).

(4) The time limit imposed under subsections (3) (a) and (3.1) does not apply to a supervision order made in respect of a child in the custody of a person other than a parent.

Total period of temporary custody

45 (1) The total period during which a child is in the temporary custody of a director or a person other than the child's parent must not exceed, from the date of the initial order until the child is returned to the parent or a continuing custody order is made,

(a) 12 months, if the child or the youngest child who was the subject of the initial order was under 5 years of age on the date of that order,

(b) 18 months, if the child or the youngest child who was the subject of the initial order was 5 years of age or over but under 12 years of age on the date of that order, and

(c) 24 months, if the child or the youngest child who was the subject of the initial order was 12 years of age or over on the date of that order.

(1.1) On application the court may extend, by a specified period, a time limit in subsection (1) if the court considers it in the child's best interests to do so.

(2) In this section, "initial order" means a temporary custody order made under section 41 (1) (b) or (c) or 42.2 (4) (b) or (c).

Supervision of child after temporary custody order ends

46 (1) Before a temporary custody order expires, the director may apply to the court for an order that the director supervise the child's care for a specified period of up to 6 months after the child is returned to the parent entitled to custody.

(2) At least 10 days before the date set for hearing the application, notice of the hearing must be served on the following:

(a) the child, if 12 years of age or over;

(b) the persons who under section 39 are entitled to notice;

(d) any party to the proceeding in which the court made the temporary custody order.

(3) The court may, in the child's best interests, order the director to supervise the child's care for a specified period of up to 6 months.

Effect of interim or temporary custody order

47 (1) A director who has custody of a child under an interim order or temporary custody order has the following rights and responsibilities unless they are limited by the court under subsection (3) of this section:

(a) to consent to health care for the child;

(b) to make necessary decisions about the child's education and religious upbringing;

(c) to exercise any other rights and to carry out any other responsibilities of a guardian of the child's person, except the right to consent to the child's adoption.

(2) Any other person who has custody of a child under an interim order or a temporary custody order has the same rights and responsibilities that a director has under subsection (1) unless they are limited by the court under subsection (3).

(3) When an interim order is made under section 35 (2) (a) or (d) or 42.1 (6) or a temporary custody order is made, the court may, in the child's best interests, order that the parent retain either or both of the following rights:

(a) to consent to health care for the child;

(b) to make necessary decisions about the child's education and religious upbringing.

(4) Neither subsection (1) (a) nor an order under subsection (3) (a) affects a child's right under section 17 of the Infants Act to consent to health care.

(5) No order may be made under subsection (3) (a) if the parent's failure to consent to health care was a reason for removing the child or for finding that the child needed protection.

(6) If a parent who retains the right to consent to health care for a child is unavailable or unable to consent to health care that is essential to preserve the child's life or to prevent serious or permanent impairment of the child's health, the director may consent instead of the parent.

Withdrawing from a proceeding after the presentation hearing

48 (1) At any time after the presentation hearing, the director may return a child to the parent apparently entitled to custody and withdraw from a proceeding if the director

(a) makes an agreement with the parent that the director considers adequate to protect the child, or

(b) considers that circumstances have changed so that the child no longer needs protection.

(2) A director who withdraws from a proceeding must present to the court a written report on the director's reasons for returning the child.

(3) When a director withdraws from a proceeding, the proceeding ends without an order being made.

Division 5 — Continuing Custody Hearings and Orders

Continuing custody hearing and orders

49 (1) Not sooner than 60 days before a temporary custody order expires, the director may apply to the court for a continuing custody order.

(2) At least 10 days before the date set for hearing the application, notice of the time, date and place of the continuing custody hearing must be served as follows:

(a) on the child, if 12 years of age or over;

(b) on each parent;

(c) if the child is registered or entitled to be registered as a member of an Indian band, on a designated representative of the band;

(c.1) if the child is a Nisga'a child, on a designated representative of the Nisga'a Lisims Government;

(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation;

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

(d.1) any person who has been made a party under section 39 (4);

(d.2) any person who has custody of the child under section 41 (1) (b) or 42.2 (4) (c);

(e) on the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.

(3) If the persons referred to in subsection (2) (b) to (d.2) appear at the continuing custody hearing, they are entitled

(a) to be parties at the hearing, and

(b) to notice of a hearing under section 42.2, 54, 56 or 57 and, if they appear at the hearing, to be a party at that hearing.

(4) The court must order that the child be placed in the continuing custody of the director if

(a) the identity or location of a parent of the child has not been found after a diligent search and is not likely to be found, or

(b) a parent is unable or unwilling to resume custody of the child.

(5) The court may order that the child be placed in the continuing custody of the director if there is no significant likelihood that

(a) the circumstances that led to the child's removal will improve within a reasonable time, or

(b) the parent will be able to meet the child's needs.

(6) Before making a continuing custody order under subsection (5), the court must consider

(a) the past conduct of the parent towards any child who is or was in the parent's care,

(b) the plan of care, and

(7) If the court does not make a continuing custody order, it must make one of the following orders:

(a) that the child be returned to the custody of the parent apparently entitled to custody;

(b) that the child remain in the temporary custody of the director or a person other than the parent for a specified period of up to 6 months.

(8) If the court orders that the child be returned to the parent's custody or remain in the custody of a person other than the parent, it may order that the director supervise the child's care for a specified period of up to 6 months.

(9) Not sooner than 60 days before a temporary custody order under subsection (7) (b) expires, the director may apply to the court for a continuing custody order.

(10) If the director applies under subsection (9), the court after considering the factors in subsection (6) must make one of the following orders:

(a) that the child be placed in the continuing custody of the director;

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

Effect of continuing custody order

50 (1) When an order is made placing a child in the continuing custody of a director,

(a) the director becomes the sole guardian of the person of the child and may consent to the child's adoption,

(b) the Public Guardian and Trustee becomes the sole guardian of the estate of the child, and

(2) At least 30 days before consenting under section 13 (3) of the Adoption Act to the child's adoption, the director must inform any person who, under section 56 of this Act, has been given access to the child of the director's intention to consent to the adoption.

(3) Subsection (1) (c) does not affect the operation of the Adoption Act.

(4) The director must send a copy of the continuing custody order to the Public Guardian and Trustee.

Role of Public Guardian and Trustee

51 If the Public Guardian and Trustee is the guardian of a child's estate under this Act, the Public Guardian and Trustee has the duties and powers with respect to the management of the child's property and the protection of the child's legal interests that are given by law to the Public Guardian and Trustee, including the duties and powers given by section 7 of the Public Guardian and Trustee Act and sections 12, 14 and 16 of the Infants Act.

Director's duty to notify Public Guardian and Trustee

52 (1) When a child is in the custody of a director under a continuing custody order or a director is guardian of the person of a child under another Act, the director must notify the Public Guardian and Trustee if the director consents to

(a) the child's adoption, or

(b) the child's residence being outside British Columbia.

(2) Subject to section 53, the Public Guardian and Trustee continues to be the guardian of the estate of a child referred to in subsection (1) even though the child resides outside British Columbia.

When continuing custody order ends

53 (1) A continuing custody order terminates when

(a) the child reaches 19 years of age,

(b) the child is adopted,

(d) the court cancels the continuing custody order, or

(e) custody of the child is transferred under section 54.1.

(2) When the continuing custody order terminates, the director ceases to be the guardian of the child's person and the Public Guardian and Trustee ceases to be the guardian of the child's estate.

Cancellation of continuing custody order

54 (1) With the permission of the court, a director or a party to a proceeding in which a continuing custody order was made may apply to the court for the cancellation of the order if the circumstances that caused the court to make the order have changed significantly.

(2) At least 10 days before the date set for hearing the application for permission to apply for cancellation of the continuing custody order, notice of the application must be served on the following:

(a) the child, if 12 years of age or over;

(b) the persons who under section 49 (3) are entitled to notice;

(d) the director;

(e) the parties to the proceeding in which the continuing custody order was made.

(3) If permission is granted, the court must set a date for hearing the application for cancellation of the continuing custody order.

(4) After considering the importance of continuity in the child's care and the effect of maintaining a relationship the child has with any person, the court may cancel the continuing custody order, but only if it is satisfied that

(a) the circumstances that caused the court to make the order have changed significantly, and

(b) cancelling the order is in the child's best interests.

Transfer of custody to a person who is not a parent

54.1 (1) Subject to subsection (1.1), a director may apply to the court to permanently transfer the custody of a child who is in the custody of the director under a continuing custody order to a person other than the child's parent.

(1.1) An application under subsection (1) must not be made unless

(a) the continuing custody order was made by consent,

(b) the time limit under section 81 (2) in relation to the continuing custody order has expired and no extension under section 81 (8) has been granted, or

(c) all appeals related to the continuing custody order have been heard and the continuing custody order has been upheld.

(2) At least 10 days before the date set for hearing the application, notice of the hearing must be served on the following:

(a) each person to whom the court has been requested under subsection (1) to transfer custody;

(b) the child, if 12 years of age or over;

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

(d) if the child is a Nisga'a child, a designated representative of the Nisga'a Lisims Government;

(d.1) if the child is a treaty first nation child, a designated representative of the treaty first nation;

(e) if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

(f) the Public Guardian and Trustee;

(g) each person who has access to the child under an order made under section 56 (3).

(3) Subject to subsection (4), a court may permanently transfer custody of a child from the director to a person other than the child's parent if

(a) the persons referred to in subsection (2) (a), (b) and (f) have consented to the transfer of custody, and

(b) the court is satisfied that it is in the child's best interests.

(4) A court may rely on the consent given under subsection (3) by persons referred to in subsection 2 (a) and (b) if the court is satisfied that each person

(a) has been advised to consult with independent legal counsel before signing the consent,

(b) understands the nature and consequences of the consent, and

Effect of a transfer of custody under section 54.1

54.2 (1) When an order is made transferring custody of a child under section 54.1,

(a) the individual to whom custody is transferred becomes the guardian of the person and the guardian of the estate of the child, and

(b) the order does not affect the child's rights respecting inheritance or succession to property.

(2) A custody order made under section 54.1 is not

(a) enforceable under this Act, and

(b) capable of being confirmed, modified or cancelled under this Act.

(3) On custody of a child being transferred under section 54.1, an order under section 56 permitting access to the child, including any changes to that order, automatically

(a) becomes an access order that is solely between the person who is granted custody and the person who is granted access under that order, and

(b) ceases to be an access order that is capable of being confirmed, modified or cancelled under this Act.

(4) The director must send a copy of the order under section 54.1 to the Public Guardian and Trustee.

Division 6 — Related Orders

Access to child in interim or temporary custody of director or other person

55 (1) At the time an order, other than a continuing custody order or an order made under section 54.1, is made under this Part, the parent who had custody when the child was removed may apply to the court for access to the child.

(2) After an order, other than a continuing custody order or an order made under section 54.1, is made under this Part, any person may apply to the court for access to the child.

(3) At least 10 days before the date set for hearing an application under subsection (2), notice of the hearing must be served on

(a) the child, if 12 years of age or over,

(b) the director, and

(i) if the application is made before the protection hearing, the persons mentioned in section 34 (3) (b), (d), (e) and (f), and

(ii) if the application is made after the protection hearing, the persons who under section 39 are entitled to notice.

(4) If the parent who had custody when the child was removed applies under subsection (1) or (2), the court must order that the parent be given access to the child unless the court is satisfied access is not in the child's best interests.

(5) If a person, other than the parent who had custody when the child was removed, applies under subsection (2), the court may order that the person be given access to the child unless the court is satisfied access is not in the child's best interests.

(6) The court may attach to an access order under this section or section 56 any reasonable terms or conditions.

Access to child in continuing custody of director

56 (1) If a continuing custody order is in effect, a parent or any other person may apply to the court for access to the child.

(2) At least 10 days before the date set for hearing the application, notice of the hearing must be served on

(a) the child, if 12 years of age or over,

(b) the director, and

(3) The court may order that the applicant be given access to the child if access

(a) is in the child's best interests,

(b) is consistent with the plan of care, and

Changes to supervision, temporary custody and access orders

57 (1) If circumstances have changed significantly since the order was made, any party may apply to the court for a change to

(a) a supervision order other than one that is an interim order,

(b) a temporary custody order, or

(2) At least 10 days before the date set for hearing the application, notice of the hearing must be served on

(a) the child, if 12 years of age or over,

(b) the director,

(c) the Public Guardian and Trustee, if the order is a temporary custody order and the Public Guardian and Trustee has been appointed guardian of the child's estate under section 58, and

(d) in addition,

(i) if the application is for an access order and is made before the protection hearing, the persons mentioned in section 34 (3) (b), (d), (e) and (f), and

(ii) if the application is for any order referred to in subsection (1) of this section and is made after the protection hearing, the persons who under section 39 or 49 (3) are entitled to notice.

(3) If the court finds that circumstances have changed significantly since the order was made, the court, in the child's best interests, may cancel the order and make no other order or may cancel the order and do one of the following:

(a) if the order was made under section 42.2, 44 or 46, make an order under section 41;

(b) in any other case, make any order provided for at the hearing where the order was made.

(4) If the court finds that circumstances have not changed significantly since the order was made, the court may confirm the order.

(5) This section does not apply if the change of circumstances relates to an application to transfer custody under section 54.1, whether or not custody is transferred under that section.

Access orders if application made under section 54.1

57.1 (1) If an application is made to transfer custody of a child under section 54.1, a party to an order for access to the child under section 56 may apply to the court for a change of the access order.

(2) At least 10 days before the date set for hearing the application to change the access order under subsection (1), notice of the hearing must be served on

(a) the child, if 12 years of age or over,

(b) the director,

(d) the parties to the proceeding in which an access order was made under section 56.

(3) On an application under this section, the court may, if it is in the child's best interests,

(a) confirm the terms of the existing access order,

(b) change the terms of the existing access order, or

(4) The court may attach to an access order under this section any reasonable terms or conditions.

(5) An order made under this section for access to a child takes effect, in accordance with section 54.2 (3), on custody of the child being transferred under section 54.1.

If child needs assistance of Public Guardian and Trustee

58 (1) When a temporary custody order is made or at any time during the term of that order, the director may apply to the court for an order appointing the Public Guardian and Trustee as guardian of the child's estate.

(2) At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on

(a) the Public Guardian and Trustee,

(b) the child, if 12 years of age or over, and

(3) The court may appoint the Public Guardian and Trustee as guardian of the child's estate for all or part of the term of the temporary custody order if

(a) a financial or legal interest of the child must be dealt with during the term of the temporary custody order, and

(b) the interests of a parent conflict or may conflict with the child's interests.

(4) The director must provide the Public Guardian and Trustee with a copy of any order made under this section.

Psychiatric or medical examination orders

59 (1) On application the court may order that a child or a parent of a child undergo a medical, psychiatric or other examination if the court considers the examination is likely to assist it

(a) in determining whether the child needs protection, or

(b) in making an order relating to the child.

(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the following:

(a) for the examination of a parent, the parent;

(b) for the examination of a child, both the child, if 12 years of age or over, and the parent who at the time of the child's removal was apparently entitled to custody.

(3) The applicant must pay the cost of an examination ordered under this section and of any report made on the results of the examination.

Consent orders

60 (1) With the written consent of the following, the court may, at any time after a presentation hearing, make any custody or supervision order that is provided for in this Part, other than a transfer of custody under section 54.1, but including a continuing custody order:

(a) the director;

(b) the child, if 12 years of age or over;

(d) if the child is to be placed for a specified period in the custody of a person other than a director, that person;

(d.1) any person who has been made a party under section 39 (4);

(e) if the child is an aboriginal child, the person who is or would have been entitled under section 38 (1) (c), (c.1), (c.2) or (d) to notice of any protection hearing concerning the child.

(2) Despite any other provision of this Act, the court may make an order under this section without a hearing, the completion of a hearing or the giving of evidence, but it must be satisfied that each person whose consent is required, other than those mentioned in subsection (1) (a) and (e)

(a) has been advised to consult with independent legal counsel before signing the consent,

(b) understands the nature and consequences of the consent, and

(3) The court may dispense with any consent required under subsections (1) and (6), if the court considers it in the child's best interests to do so.

(4) An order may be made under this section without the court finding that the child needs protection.

(5) A consent by a parent to an order under this section is not an admission by the parent of any grounds alleged by a director for removing the child.

(6) In addition to its powers under subsection (1) and subject to subsection (7), the court may, with the written consent of the parties, make any other order mentioned in this Act, including a transfer of custody under section 54.1.

(7) An order under subsection (6) to transfer custody under section 54.1 must not be made unless

(a) the continuing custody order was made by consent,

(b) the time limit under section 81 (2) in relation to the continuing custody order has expired and no extension under section 81 (8) has been granted, or

(c) all appeals related to the continuing custody order have been heard and the continuing custody order has been upheld.

Custody of child during adjournments

61 (1) If a child is in the custody of a director or another person under a temporary custody order and an application for an extension of that order, for a continuing custody order or for a supervision order under section 46 is adjourned,

(a) the child remains in the custody of the director or other person under the temporary custody order, and

(b) the terms and conditions of the temporary custody order continue to apply

until the court disposes of the application, even though the temporary custody order expires during the adjournment.

(2) This section does not operate to extend a limit set by section 45 (1) or by an order under section 45 (1.1) respecting the total period during which the child may be in the temporary custody of a director or another person.

(3) If an application for an extension of a supervision order is adjourned, the terms and conditions of the supervision order continue to apply until the court disposes of the application even though the supervision order expires during the adjournment.

(4) Subsection (3) is subject to section 44.

Suspension of order transferring care or custody from director

62 (1) If an order made under this Part or Part 6 has the effect of transferring the care or custody of a child from a director to another person, the order is suspended

(a) for a period of 10 days, and

(b) if an appeal is brought during the 10 day period, until the appeal is heard.

(2) If an appeal is brought, any party to the proceeding in which the order under appeal was made may apply to the court hearing the appeal, and it may order that care or custody of the child be transferred in accordance with the order under appeal.

Enforcement of custody order

63 (1) If

(a) a director has care of a child under this Act, or a director or another person has custody of a child under an order made and enforceable under this Act, and

(b) the director or the other person is denied care or custody, as the case may be,

a court, on application, may order that a police officer take charge of the child and take the child to the director or other person who is entitled to the care or custody of the child under this Act.

(2) A person must not prevent a police officer from enforcing an order made under this section.

Division 7 — Procedure and Evidence

Full disclosure to parties

64 (1) If requested, a party to a proceeding under this Part, including a director, must disclose fully and in a timely manner to another party to the proceeding

(a) the orders the party intends to request,

(b) the reasons for requesting those orders, and

(2) The duty to disclose under subsection (1) is subject to any claim of privilege.

(3) Evidence may be excluded from a hearing under this Part if no reasonable effort was made to disclose the evidence in accordance with this section.

If director is denied access to record

65 (1) On application at any time by a director, the court may order a person or organization to produce a record, or a certified copy of the record, for inspection by the director if

(a) there are reasonable grounds to believe the record contains information necessary for determining whether the child needs protection,

(b) there are reasonable grounds to believe the person or organization has custody or control of the record, and

(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the person or organization against which the order is sought.

Hearings civil in nature and may be informal

66 (1) A hearing under this Act

(a) is civil in nature,

(b) may be as informal as a judge may allow, and

(c) must be held at a different time or at a different place from the usual time or place for sittings of the court relating to criminal matters.

(2) No order under this Act may be set aside because of any informality at the hearing or for any other technical reason not affecting the merits of the case.

Court may exclude child and decide how child's evidence is received

67 At a hearing under this Act, the court may, having regard to the child's best interests, do one or more of the following:

(a) exclude the child from the courtroom, despite the Provincial Court Act;

(b) admit any hearsay evidence of the child that it considers reliable;

Evidence of others

68 (1) Before ordering that a child be placed in or returned to the custody of a person other than a director, the court may consider the person's past conduct toward any child who is or was in that person's care.

(2) In a proceeding under this Act, the court may admit as evidence

(a) any hearsay evidence that the court considers reliable, or

(b) any oral or written statement or report the court considers relevant, including a transcript, exhibit or finding in an earlier civil or criminal proceeding.

Power to vary notice requirements and to make orders without notice

69 (1) The Supreme Court or the Provincial Court may

(a) shorten the time period for serving a notice under this Act or extend the period even though it has expired, or

(b) dispense with a requirement that notice of a proceeding or of all proceedings in relation to a child be served on a party or other person.

(2) The Supreme Court or the Provincial Court may make an order, including a protective intervention order or restraining order, without a party or the person against whom the order is made having been served with notice of the application.

(3) The Supreme Court or Provincial Court may include in an order made in accordance with subsection (2) any terms relating to service and review of the order that the court considers just.

Part 4 — Children in Care

Rights of children in care

70 (1) Children in care have the following rights:

(a) to be fed, clothed and nurtured according to community standards and to be given the same quality of care as other children in the placement;

(b) to be informed about their plans of care;

(c) to be consulted and to express their views, according to their abilities, about significant decisions affecting them;

(d) to reasonable privacy and to possession of their personal belongings;

(e) to be free from corporal punishment;

(f) to be informed of the standard of behaviour expected by their caregivers and of the consequences of not meeting their caregivers' expectations;

(g) to receive medical and dental care when required;

(h) to participate in social and recreational activities if available and appropriate and according to their abilities and interests;

(i) to receive the religious instruction and to participate in the religious activities of their choice;

(j) to receive guidance and encouragement to maintain their cultural heritage;

(k) to be provided with an interpreter if language or disability is a barrier to consulting with them on decisions affecting their custody or care;

(l) to privacy during discussions with members of their families, subject to subsection (2);

(m) to privacy during discussions with a lawyer, the representative or a person employed or retained by the representative under the Representative for Children and Youth Act, the Ombudsperson, a member of the Legislative Assembly or a member of Parliament;

(n) to be informed about and to be assisted in contacting the representative under the Representative for Children and Youth Act, or the Ombudsperson;

(o) to be informed of their rights, and the procedures available for enforcing their rights, under

(i) this Act, or

(ii) the Freedom of Information and Protection of Privacy Act.

(2) A child who is removed under Part 3 is entitled to exercise the right in subsection (1) (l), subject to any court order made after the court has had an opportunity to consider the question of access to the child.

(3) This section, except with respect to the Representative for Children and Youth as set out in subsection (1) (m) and (n), does not apply to a child who is in a place of confinement.

Out-of-home living arrangements

71 (1) When deciding where to place a child, the director must consider the child's best interests.

(2) The director must give priority to placing the child with a relative or, if that is not consistent with the child's best interests, placing the child as follows:

(a) in a location where the child can maintain contact with relatives and friends;

(b) in the same family unit as the child's brothers and sisters;

(3) If the child is an aboriginal child, the director must give priority to placing the child as follows:

(a) with the child's extended family or within the child's aboriginal cultural community;

(b) with another aboriginal family, if the child cannot be safely placed under paragraph (a);

(c) in accordance with subsection (2), if the child cannot be safely placed under paragraph (a) or (b) of this subsection.

Repealed

72 [Repealed 1999-26-28.]

Part 5 — Freedom of Information and Protection of Privacy

Definition

73 In this Part, "record" means a record as defined in the Freedom of Information and Protection of Privacy Act that is made under this Act and is in the custody or control of a director.

Freedom of Information and Protection of Privacy Act

74 (1) Sections 74 to 79 apply despite the Freedom of Information and Protection of Privacy Act.

(2) For the purpose of its application to this Act, the Freedom of Information and Protection of Privacy Act is deemed to be modified as follows:

(a) a reference to "head" includes, with respect to a record, the director who has custody or control;

(b) a reference to "public body", where a power, function or duty is not conferred on the head of the same public body, includes, with respect to a record, the director who has custody or control;

(c) the authority for a public body to collect personal information indirectly under section 27 (1) (b) includes the authority to collect personal information indirectly when the information may be disclosed to the public body under section 79 of this Act;

(d) the authority for a public body to use personal information under section 32 (c) includes the authority to use personal information for a purpose for which that information may be disclosed to the public body under section 79 of this Act;

(e) the only provisions of sections 33.1 and 33.2 that apply to a director are the following:

(i) section 33.1 (1) (a) [in accordance with Part 2 of the Act];

(ii) section 33.1 (1) (b) [individual consent];

(iii) section 33.1 (1) (o) [archival and historical purposes];

(iv) section 33.2 (j) [in Canada — archives];

(v) section 33.2 (k) [in Canada — research];

(f) the powers of the commissioner apply to the exercise of a director's powers, duties and functions under the Freedom of Information and Protection of Privacy Act, subject to this section.

Disclosure of information restricted

75 A person must not disclose information obtained under this Act, except in accordance with

(a) section 24, or

(b) the Freedom of Information and Protection of Privacy Act subject to section 74.

Who can act for a child

76 (1) A person, other than a director, who has legal care of a child under 12 years of age may, on behalf of the child, exercise the child's rights under the Freedom of Information and Protection of Privacy Act

(a) to be given access to information about the child in a record,

(b) to consent to the disclosure of that information, and

(2) A person, other than a director, who has legal care of a child 12 years of age or older may, on behalf of the child, exercise the child's rights under the Freedom of Information and Protection of Privacy Act

(a) to be given access to information about the child in a record,

(b) to consent to the disclosure of that information, and

if the child is incapable of exercising those rights.

Exceptions to access rights

77 (1) A director must refuse to disclose information in a record to a person who has a right of access to the record under the Freedom of Information and Protection of Privacy Act if the disclosure could reasonably be expected to reveal the identity of a person who has made a report under section 14 of this Act and who has not consented to the disclosure.

(2) A director may refuse to disclose information in a record to a person who has a right of access to the record under the Freedom of Information and Protection of Privacy Act if

(a) the disclosure could reasonably be expected to jeopardize an investigation under section 16 or a criminal investigation that is under way or contemplated, or

(b) the information was supplied in confidence, during an investigation under section 16, by a person who was not acting on behalf of or under the direction of a director.

Repealed

78 [Repealed 2004-60-84.]

Disclosure without consent

79 A director may, without the consent of any person, disclose information obtained under this Act if the disclosure is

(a) necessary to ensure the safety or well-being of a child,

(a.1) necessary to ensure the safety of a person, other than a child,

(b) required by section 64 or by order of a court in Canada to be made to a party to a proceeding,

(d) required by an enactment,

(e) necessary for a family conference, mediation under section 22 or other alternative dispute resolution mechanism,

(f) made when giving or when validly compelled to give evidence in a proceeding,

(g) [Repealed 1997-11-32.]

(g.1) necessary to conduct a review under section 93.2,

(g.2) made in order to release a report, or part of a report, finalized under section 93.2 (2) (b), in accordance with a regulation made under section 103 (2) (r.1) (ii),

(h) necessary to enable the Public Guardian and Trustee to perform duties and exercise powers as guardian of a child's estate under this Act,

(h.1) made to another director,

(i) made to a director's legal counsel,

(j) made in Canada to caregivers and the information relates to children in their care, or

(k) made in Canada and necessary for the administration of this Act.

(l) [Repealed 2004-60-85.]

Repealed

80 [Repealed 2004-60-86.]

Part 6 — Appeals and Reviews

Appeal to Supreme Court

81 (1) A party may appeal to the Supreme Court from an order of the Provincial Court made under this Act.

(2) The time limit for bringing an appeal under subsection (1) is 30 days, beginning on the day after the order of the Provincial Court is made.

(3) An appeal is brought by

(a) filing a notice of appeal in a registry of the Supreme Court, and

(b) serving a copy of the notice of appeal on

(i) the parties to the proceeding in which the order of the Provincial Court was made, and

(ii) the Public Guardian and Trustee, if guardian of the child's estate.

(4) The Supreme Court Civil Rules apply to an appeal under subsection (1) to the extent that they are consistent with this section.

(5) On application the Supreme Court may suspend the order under appeal for the period and subject to the conditions it thinks appropriate.

(6) If the order under appeal is suspended under section 62, the Supreme Court may continue or cancel the suspension.

(7) After hearing the appeal, the Supreme Court may do one or more of the following:

(a) confirm the order of the Provincial Court;

(b) set aside the order of the Provincial Court;

(d) direct the Provincial Court to conduct a new hearing.

(8) On application, the Supreme Court may extend the time limit for bringing an appeal.

Appeal to Court of Appeal

82 With leave of the Court of Appeal, a party may appeal to that court on a question of law from an order of the Supreme Court made by it on an appeal under this Act.

Repealed

83–88 [Repealed 1997-11-32.]

Repealed

89 [Repealed 2004-60-86.]

Part 7 — Administration

Minister's authority to make agreements

90 For the purposes of this Act, the minister may make an agreement with any of the following:

(a) an Indian band or a legal entity representing an aboriginal community;

(a.1) the Nisga'a Nation or a Nisga'a Village;

(a.2) a treaty first nation;

(b) the government of Canada, the government of a province of Canada or the government of a jurisdiction outside Canada, or an official or agency of any of those governments;

(b.1) Community Living British Columbia established under the Community Living Authority Act;

Designation of directors

91 (1) Subject to the regulations, the minister may designate one or more persons as directors for the purposes of

(a) any or all of the provisions of this Act, or

(b) a provision of another Act that contains a reference to a director under this Act.

(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.

(3) A director referred to in subsection (1) has jurisdiction throughout British Columbia in the exercise of the powers and the performance of the duties and functions conferred on a director under this Act.

(4) A reference to "a director" or "the director" in an order made under this Act or under the Family Relations Act authorizes any director to fulfill the powers, duties and functions referred to in the order as the circumstances require, but does not result in a transfer under section 95.1 of this Act.

Director's power to delegate

92 (1) Subject to the regulations, a director may delegate to any person or class of person any or all of the director's powers, duties or functions under this Act.

(2) A delegation of the powers, duties or functions of a director must be in writing and may include any terms or conditions the director considers advisable.

Other powers and duties of directors

93 (1) A director may do one or more of the following:

(a) provide preventive and support services for families to promote the purposes of this Act;

(b) make payments to a parent, or other person who has care of a child with special needs, to assist the parent or other person to purchase support services, other than health and medical benefits, so that the child can reside at home;

(d) establish residential services for children and youths;

(e) establish services to assist in the resolution of family disputes;

(f) establish services to assist communities to strengthen their ability to care for and protect their children;

(g) make agreements, including but not limited to agreements

(i) with any person for the provision of residential or other services,

(ii) with a person who has custody by an interim order or a temporary custody order under Part 3 or by an order made under section 54.1, for contributions to the child's support,

(iii) with the Nisga'a Nation, a Nisga'a Village, a treaty first nation, an Indian band or a legal entity representing an aboriginal community for the provision of services,

(iv) with the government of Canada, the government of a province of Canada or the government of a jurisdiction outside Canada, or an official or agency of any of those governments, to promote the purposes of this Act,

(v) with any ministry of the government or any community agency if an agreement is necessary to integrate the planning and delivery of preventive and support services to families and children, and

(vi) with other directors;

(h) promote and encourage the participation of the community in the planning, development and delivery of services.

(2) A director is authorized to receive any authority that

(a) is delegated to the director by a government or child welfare authority, and

(b) relates to a child in the custody or under the guardianship of that government or child welfare authority.

(3) and (4) [Repealed 2007-5-3.]

Administrative reviews

93.1 A director must, in accordance with the regulations,

(a) establish an administrative procedure for reviewing the exercise of a director's powers, duties and functions under this Act, and

(b) ensure that information about the administrative review procedure is available to any person on request.

Reviews relating to services

93.2 (1) Subject to the regulations and in accordance with subsection (3), a director may conduct a review on any matter relating to the provision of a service under this Act for any of the following purposes:

(a) to monitor a director's performance in the provision of the service;

(b) to monitor the performance of any person or agency in the provision of the service;

(d) for public accountability.

(2) If a director conducts a review under subsection (1),

(a) the director must prepare a written report of the review,

(b) a director must finalize the report prepared under paragraph (a) of this subsection, and

(3) Respecting reviews under subsection (1), a director may establish

(a) different types of reviews for different types of matters, and

(b) different processes, time limits and types of reports for different types of reviews.

Agreements with caregivers

94 A director may, by agreement, authorize a caregiver to carry out any of the director's rights and responsibilities with respect to the care, custody or guardianship of a child.

Repealed

95 [Repealed 2002-21-26.]

Transfer to another director

95.1 (1) Despite any provision of this Act, and subject to the regulations and to an agreement, a director may transfer to another director, with the consent of that director,

(a) supervision, care, custody or guardianship of a child, or

(b) any other right, power, duty, responsibility or function under this Act.

(2) If a transfer occurs under subsection (1),

(a) the other director has the same rights, powers, duties, responsibilities and functions as the director who made the transfer, and

(b) the director who made the transfer ceases to have the rights, powers, duties, responsibilities and functions that the director transferred.

(3) If a transfer occurs under subsection (1), a reference to "the director" in any provision of this Act or in any subsisting order made under this Act or under the Family Relations Act is deemed to be a reference to the director who receives the transfer.

Director's right to information

96 (1) A director has the right to any information that

(a) is in the custody or control of a public body as defined in the Freedom of Information and Protection of Privacy Act, and

(b) is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.

(2) A public body that has custody or control of information to which a director is entitled under subsection (1) must disclose that information to the director.

(2.1) A director may collect from a person any information that is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.

(3) This section applies despite the Freedom of Information and Protection of Privacy Act or any other enactment but is subject to a claim of privilege based on a solicitor-client relationship.

Transfer of director's records

96.1 (1) Despite the Document Disposal Act and subject to the regulations, a director, in writing, may transfer records to another director.

(2) On the effective date of a transfer under subsection (1), the records are transferred to and become the records of the other director.

(3) Records may be identified by name, class or description in a transfer under subsection (1).

Part 8 — Miscellaneous Provisions

Maintenance agreements and orders

97 (1) A parent remains responsible to contribute to the maintenance of

(a) a child in care unless the child in care is under a continuing custody order,

(b) a child in the custody of a person other than a parent under an interim order or a temporary custody order,

(d) a child about whom an agreement is made under section 8 (1).

(2) A director may make a written agreement with a parent for contributions by the parent to the maintenance of the following, as applicable:

(a) a child in care unless the child in care is under a continuing custody order;

(b) a youth referred to in subsection (1) (c);

(3) A director may file an agreement made under subsection (2) in the court.

(4) The agreement, if filed, has the same effect and may be enforced, changed or cancelled in the same manner and on the same basis as a maintenance order made under the Family Relations Act.

(5) On application by a director, the court may order a parent who is responsible to contribute under subsection (1) to pay to the director or to a person designated in the order an amount the court considers reasonable for the maintenance of a child or youth.

(6) At least 10 days before the date set for hearing an application for a maintenance order, notice of the time, date and place of the hearing must be served on the parent against whom the order is sought.

(7) In making a maintenance order, the court must take the following into account:

(a) the needs, means, capacity and economic circumstances of the parent;

(b) the needs, means and circumstances of the child or youth;

(d) any other circumstance the court considers relevant.

(8) A maintenance order made under this section may

(a) include one or more of the terms mentioned in section 93 (5) of the Family Relations Act, and

(b) be enforced, changed or cancelled in the same manner and on the same basis as an order made under that Act.

Restraining orders

98 (1) On application, the court may make a restraining order if there are reasonable grounds to believe that a person

(a) has encouraged or helped, or is likely to encourage or help, any of the following to engage in prostitution:

(i) a child in care;

(ii) a child in the custody of a person under a temporary custody order;

(iii) a youth who has made an agreement with a director under section 12.2,

(b) has inveigled or coerced, or is likely to inveigle or coerce, a child or youth mentioned in subparagraph (i), (ii) or (iii) of paragraph (a) into engaging in prostitution, or

(c) has otherwise exploited, abused or intimidated, or is likely to otherwise exploit, abuse or intimidate, a child or youth mentioned in subparagraph (i), (ii) or (iii) of paragraph (a).

(2) In a restraining order under subsection (1), the court may do one or more of the following:

(a) prohibit the person for a period of up to 6 months from contacting or interfering with or trying to contact or interfere with the child or youth or from entering any premises or vehicle or boarding any vessel that the child or youth attends;

(b) prohibit the person for a period of up to 6 months from residing with the child or youth or from entering any premises or vehicle, or boarding any vessel, where the child or youth resides, including any premises, vehicle or vessel that the person owns or has a right to occupy;

(i) enter into a recognizance, with or without sureties, in an amount the court thinks necessary and reasonable,

(ii) report to the court, or to a person named by the court, for the period of time and at the times and places the court thinks necessary and reasonable, or

(iii) produce to the court, or to a person named by the court, any documents the court thinks fit.

(3) On application, the court may make a restraining order if there are reasonable grounds to believe that a person is likely to molest, harass or annoy

(a) a caregiver,

(b) a person who has custody of a child under a temporary custody order,

(c) a director or any person to whom the director has delegated under section 92 any or all of the director's powers, duties or functions, or

(d) a person providing residential, educational or other support services to the child or youth.

(4) In a restraining order under subsection (3), the court may

(a) prohibit for a period of up to 6 months the person against whom the order is made from contacting or interfering with, or trying to contact or interfere with, the person in whose favour the order is made, and

(b) if the court thinks that the person against whom the order is made may not comply with an order under paragraph (a), order that person to do anything referred to in subsection (2) (c).

(4.1) In a restraining order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the restraining order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the restraining order.

(4.2) An order under subsection (4.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(4.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (4.4) and by force if necessary, to enter any dwelling specified in the warrant, for the purpose of arresting a person against whom a restraining order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(4.4) A police officer may not enter a dwelling specified in a warrant under subsection (4.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(4.5) The court must include in a warrant issued under subsection (4.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(4.6) A person arrested under an order made under subsection (4.1) or a warrant issued under subsection (4.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(5) The court may include in a restraining order any terms or conditions needed to implement the order.

(6) At least 2 days before the date set for hearing an application for a restraining order, notice of the time, date and place of the hearing must be served on the following:

(a) the person against whom the order is sought;

(b) the child, if the child is 12 years of age or over;

(6.1) Before a restraining order expires, the person who applied for the order, the person against whom the order was made or the director may apply to the court and the court may do one or more of the following:

(a) change the order;

(b) include an order under subsection (4.1);

(d) shorten the term of the order;

(e) extend the term of the order.

(7) At the request of a director, a police officer must assist in enforcing a restraining order.

(7.1) If a director or another person has applied for a restraining order under subsection (1) or (3) and the court has ordered an adjournment of the hearing, the court may make an interim order

(a) for the purposes described in subsection (1) or (3), as the case may be, and

(b) for the period from the adjournment of the hearing until the conclusion of the hearing.

(8) In this section, "court" means the Supreme Court or the Provincial Court.

Supreme Court jurisdiction

99 Nothing in this Act limits the parens patriae jurisdiction of the Supreme Court.

Out-of-Province orders and agreements

100 (1) This section applies to

(a) an order made by a court in another jurisdiction, or

(b) an agreement for care made under child welfare legislation of another jurisdiction.

(2) An order or agreement that is certified as being valid and subsisting by a court or other appropriate authority in another jurisdiction has, to the extent that the order or agreement is consistent with this Act, the same effect in British Columbia as if it had been made under this Act.

Protection from liability

101 No person is personally liable for anything done or omitted in good faith in the exercise or performance or intended exercise or performance of

(a) a power, duty or function conferred under this Act, or

(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred under this Act.

No reprisals because of review

101.1 (1) A person must not intimidate, coerce, discipline or otherwise discriminate against a child because the child

(a) has requested a review under the administrative procedure established under section 93.1, or

(b) is the subject of, or has given information or otherwise assisted in, a review under section 93.1 or 93.2.

(2) A person must not discharge, suspend, expel, intimidate, coerce, evict or impose a financial or other penalty on, or otherwise discriminate against, a person other than a child because the person

(a) has requested a review under the administrative procedure established under section 93.1, or

(b) has given information or otherwise assisted in a review under section 93.1 or 93.2.

Offences and penalties

102 (1) A person who contravenes any of the following commits an offence:

(a) a protective intervention order;

(b) an access order under section 55 or 56;

(d) an order under section 65 for production of a record;

(d.1) section 75;

(e) a restraining order;

(f) section 101.1 (1) or (2).

(1.1) A person who fails to comply with the conditions set out in a promise to appear given by the person on their release under section 28 (3.6) (b) or 98 (4.6) (b) commits an offence.

(2) A person who commits an offence under subsection (1) (a) or (e) is liable to a fine of not more than $25 000 or to imprisonment for not more than 24 months or to both.

(2.1) A person who commits an offence under subsection (1) (b), (c), (d), (d.1) or (f) or (1.1) is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months or to both.

(3) Section 5 of the Offence Act does not apply to this Act.

Power to make regulations

103 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

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

(a) prescribing the functions of family conference coordinators;

(b) respecting family conferences and mediation;

(d) prescribing terms and conditions to be included in agreements made under this Act;

(e) respecting the content and preparation of plans of care and plans for independence;

(f) prescribing aboriginal organizations for the purposes of presentation hearings;

(g) designating, by name or position, those representatives of the Nisga'a Lisims Government, the government of a treaty first nation, Indian bands and aboriginal communities who are entitled to notice under Part 3;

(h) respecting the standards for foster homes and residential services;

(i) to (l) [Repealed 1997-11-32.]

(m) to (o) [Repealed 2004-60-94.]

(p) respecting the prerequisites for the designation of directors and the standards to be met by directors;

(q) respecting the delegation of the powers, duties and functions of directors, including regulations authorizing the minister to restrict a director's power to delegate;

(r) governing reviews under section 93.1;

(r.1) respecting reviews conducted, and reports prepared and finalized, under section 93.2, including, without limiting this,

(i) specifying the criteria a director must apply in exercising his or her discretion to conduct a review, and

(ii) specifying the criteria, rules or requirements that must be applied or followed by a director for the purposes of releasing a finalized report or part of a finalized report under section 79 (g.2);

(s) defining any word or expression used but not defined in this Act;

(t) respecting any matters that are not provided for in sections 105 to 108 and that are necessary for the orderly transition from the application of the former Act in respect of proceedings begun and orders made under that Act to the application of this Act in respect of those proceedings and orders;

(u) [Repealed RS1996 (Supp)-46-3.]

(v) respecting a transfer made under section 95.1;

(w) respecting a transfer of records under section 96.1.

(3) [Repealed RS1996 (Supp)-46-3.]

Community tribunals

104 The Lieutenant Governor in Council may make regulations

(a) for the purpose of establishing, as a pilot project, a tribunal in a prescribed area of British Columbia and enabling the tribunal to act under this Act in that area in place of the court,

(b) governing the powers, duties, functions and rules of procedure of the tribunal and the effect of its decisions,

(d) modifying, or making an exception to, any requirement of this Act to the extent necessary to enable the tribunal to act under this Act in place of the court.

Part 9 — Transitional Provisions

Transition from former Act — general rule

105 Subject to sections 106 to 108 of this Act and any regulations made under section 103 (2) (t), sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of the former Act and its replacement by this Act.

Proceedings begun under the former Act

106 (1) The definition of "in need of protection" in section 1 of the former Act continues to apply in relation to a child apprehended under that Act, even if provisions of this Act apply in respect of the child.

(2) If a child has been apprehended under section 9 (1) of the former Act but no report has been presented under section 11 (1) of the former Act before the repeal of that Act, section 33 of this Act applies as if the child had been removed under section 30 of this Act.

(3) If a report has been presented to the court under section 11 of the former Act but no order has been made under that section before the repeal of that Act,

(a) section 11 of the former Act continues to apply in respect of the child until an order is made under that section, and

(b) the provisions of this Act apply to any subsequent proceeding relating to the child.

(4) If a hearing under section 12 of the former Act has been commenced to determine whether a child is in need of protection but no order has been made under section 13 (1) of the former Act before the repeal of that Act,

(a) sections 12 and 13 (1) to (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 this Act apply to any subsequent proceeding relating to the child.

(5) If an application has been made for an order under section 14 of the former Act but no order has been made before the repeal of that Act,

(a) section 14 of the former Act continues to apply in respect of the child until the application is disposed of, and

(b) the provisions of this Act apply to any subsequent proceeding relating to the child.

(6) Any proceeding begun under the former Act by the Superintendent of Family and Child Service may be continued under this Act in the name of a director designated by the minister for the purpose of this section.

(7) Section 64 of this Act applies for the purposes of a proceeding under a provision of the former Act that is continued under this section.

Orders made under the former Act

107 (1) This section applies to

(a) an order that was in effect on January 26, 1996 and that was made under the former Act before the repeal of that Act, and

(b) an order that, by the operation of section 106 of this Act, is made under the former Act after the repeal of that Act.

(2) An order made under a provision of the former Act referred to in column 1 of the following Table is deemed to have been made under the provision of this Act referred to in the opposite column:

Former Act	This Act
11 (2) (a)	35 (2) (c)
11 (2) (b)	35 (2) (c)
11 (2) (c)	35 (2) (a)
13 (1) (a)	41 (1) (a)
13 (1) (b)	41 (1) (a)
13 (1) (c) (custody of a child)	41 (1) (c)
13 (1) (d)	41 (1) (d)
13 (1) (c) and (3) (access to a child)	55
13 (4)	97
13 (5)	58
14	49

(3) An order made under section 11 (2) (d) of the former Act is deemed to have been made under section 41 (1) (d) of this Act unless

(a) by January 29, 1996, 6 months had elapsed from the date the order was made, or

(b) the application for the order was not opposed,

and in either of those cases the order is deemed to have been made under section 49 of this Act.

(4) A reference in an order made under the former Act to the Superintendent of Family and Child Service is deemed to be a reference to a director designated by the minister for the purposes of this section.

(5) The time limits in section 43 of this Act do not apply in respect of an order made under the former Act.

(6) If an application is made under section 54 of this Act for permission to apply for cancellation of an order that relates to an aboriginal child and that is deemed under this section to be a continuing custody order, notice of the application must be served on the persons who would have been entitled to notice under section 49 (2) (c), (c.1), (c.2) or (d) if the child had been removed under this Act.

(7) If a person referred to in subsection (6) appears at the hearing of an application under section 54, the person is entitled to be a party.

Agreements made under the former Act or Child Paternity and Support Act

108 (1) An agreement made under the former Act may be renewed under this Act.

(2) An agreement made under section 4 or 5 of the former Act that contains a provision respecting the payment of maintenance is deemed to have been made under section 97 of this Act.

(3) A reference in an agreement made under the former Act or under section 20 of the Child, Paternity and Support Act, R.S.B.C. 1979, c. 49, to the Superintendent of Family and Child Service is deemed to be a reference to a director designated by the minister for the purposes of this section.