Child, Family and Community Service Act

[RSBC 1996] CHAPTER 46

Contents
Section
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 Repealed.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

Definitions and interpretation

1  (1) In this Act:

"aboriginal child" means a child

(a) who is registered under the Indian Act (Canada),

(b) who has a biological parent who is registered under the Indian Act (Canada),

(b.1) who is a Nisga'a child,

(c) who is under 12 years of age and has a biological parent who

(i)  is of aboriginal ancestry, and

(ii)  considers himself or herself to be aboriginal, or

(d) who is 12 years of age or over, of aboriginal ancestry and considers himself or herself to be aboriginal;

"aboriginal community" means an aboriginal community designated by the minister;

"care", when used in relation to the care of a child by a director or another person, means physical care and control of the child;

"caregiver" means a person with whom a child is placed by a director and who, by agreement with the director, has assumed responsibility for the child's day-to-day care;

"child" means a person under 19 years of age and includes a youth;

"child in care" means a child who is in the custody, care or guardianship of a director or a director of adoption;

"continuing custody order" means an order under section 41 (1) (d), 42.2 (4) (d) or (7) or 49 (4), (5) or 10 (a) placing a child in the continuing custody of a director;

"court" means the Provincial Court except where this Act provides otherwise;

"custody" includes care and guardianship of a child;

"designated representative", when used in relation to the Nisga'a Lisims Government, an Indian band or aboriginal community, means a representative designated in accordance with the regulations;

"director" means a person designated by the minister under section 91;

"director of adoption" means a person designated by the minister under the Adoption Act as a director of adoption;

"dwelling" means all or part of any premises, vehicle or vessel that is kept or occupied as a permanent or temporary residence;

"family conference" means a conference convened under section 20;

"family conference coordinator" means a person designated by a director for the purpose of convening family conferences;

"former Act" means the Family and Child Service Act, S.B.C. 1980, c. 11;

"guardianship" includes all the rights, duties and responsibilities of a parent;

"health care" means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;

"health care provider" includes a person licensed, certified or registered in British Columbia or in another province or state to provide health care;

"Indian band" means a band as defined in the Indian Act (Canada) and includes a band council;

"interim order" means an order made under section 28 (5.1), 33.2 (2), 35 (2) (a), (b) or (d), 36 (3) (a) or (b), 42.1 (6) or 98 (7.1);

"Nisga'a child" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;

"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement;

"parent" means

(a) the mother of a child,

(b) the father of a child,

(c) a person to whom custody of a child has been granted by a court of competent jurisdiction or by an agreement, or

(d) a person with whom a child resides and who stands in place of the child's mother or father

but does not include a caregiver or director;

"place of confinement" means

(a) a correctional centre, youth custody centre or other lawful place of confinement, or

(b) a Provincial mental health facility or psychiatric unit under the Mental Health Act;

"plan for independence" means a plan relating to a youth that

(a) contains the information required under section 12.2, and

(b) is prepared in accordance with the regulations;

"plan of care" means a plan relating to a child that

(a) contains the information required under the regulations, and

(b) is prepared in accordance with the regulations;

"police officer" means a person who

(a) under the Police Act is a provincial constable or municipal constable or has the powers of a provincial constable or municipal constable, or

(b) is a member of the military police of the Canadian Armed Forces;

"presentation hearing" means a hearing that a director is required by section 33.1 (1), 34 (1), 36 (2) (b) or 42.1 (1) to attend;

"protective intervention order" means an order made under section 28;

"remove" means to take a child into the care of a director under section 30, 36 or 42;

"residential service" means accommodation and associated supervision provided for a child in a foster home or other place away from the home of the child's parent;

"restraining order" means an order made under section 98;

"supervision order" means an order made under section 33.2 (2), 35 (2) (b) or (d), 36 (3) (b) (i), 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) requiring a director to supervise a child's care, and includes any extension of or change to that order;

"temporary custody order" means an order made under section 41 (1) (b) or (c), 42.2 (4) (b) or (c) or 49 (7) (b) placing a child for a specified period in the custody of a director or another person, and includes any extension of or change to that order;

"youth" means a person who is 16 years of age or over but is under 19 years of age.

(2) A reference in this Act to an order made under a provision of this Act includes a reference to the corresponding order made by consent under section 60.

Guiding principles

2  This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles:

(a) children are entitled to be protected from abuse, neglect and harm or threat of harm;

(b) a family is the preferred environment for the care and upbringing of children and the responsibility for the protection of children rests primarily with the parents;

(c) if, with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided;

(d) the child's views should be taken into account when decisions relating to a child are made;

(e) kinship ties and a child's attachment to the extended family should be preserved if possible;

(f) the cultural identity of aboriginal children should be preserved;

(g) decisions relating to children should be made and implemented in a timely manner.

Service delivery principles

3  The following principles apply to the provision of services under this Act:

(a) families and children should be informed of the services available to them and encouraged to participate in decisions that affect them;

(b) aboriginal people should be involved in the planning and delivery of services to aboriginal families and their children;

(c) services should be planned and provided in ways that are sensitive to the needs and the cultural, racial and religious heritage of those receiving the services;

(d) services should be integrated, wherever possible and appropriate, with services provided by government ministries, community agencies and Community Living British Columbia established under the Community Living Authority Act;

(e) the community should be involved, wherever possible and appropriate, in the planning and delivery of services, including preventive and support services to families and children.

Best interests of child

4  (1) Where there is a reference in this Act to the best interests of a child, all relevant factors must be considered in determining the child's best interests, including for example:

(a) the child's safety;

(b) the child's physical and emotional needs and level of development;

(c) the importance of continuity in the child's care;

(d) the quality of the relationship the child has with a parent or other person and the effect of maintaining that relationship;

(e) the child's cultural, racial, linguistic and religious heritage;

(f) the child's views;

(g) the effect on the child if there is delay in making a decision.

(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.

Part 2 — Family Support Services and Agreements

Support services for families

5  (1) A director may make a written agreement with a parent to provide, or to assist the parent to purchase, services to support and assist a family to care for a child.

(2) The services may include, but are not limited to, the following:

(a) services for children and youth;

(b) counselling;

(c) in-home support;

(d) respite care;

(e) parenting programs;

(f) services to support children who witness family violence.

(3) The initial term of the agreement must not exceed 6 months, but the agreement may be renewed for terms of up to 6 months each.

Voluntary care agreements

6  (1) A director may make a written agreement with a parent who has custody of a child and is temporarily unable to look after the child in the home.

(2) Under the agreement, the parent may give the care of the child to the director and delegate to the director as much of the parent's authority as guardian of the child's person as is required to give effect to the agreement.

(3) If possible, the director must

(a) find out the child's views about the agreement and take them into account, and

(b) explain the effect of the agreement to the child before the agreement is signed.

(4) Before making the agreement, the director must

(a) consider whether a less disruptive way of assisting the parent to look after the child, such as by providing available services in the child's own home, is appropriate in the circumstances, and

(b) consider whether the agreement is in the child's best interests.

(5) The agreement must include the following:

(a) a description of the plan of care for the child, including where the child will be placed;

(b) a promise by the director to keep the parent informed of the child's progress and to involve the parent in decisions affecting the child;

(c) a promise by the parent to maintain contact with the child, including the details of the contact.

(6) The initial term of the agreement must not exceed

(a) 3 months, if the child is under 5 years of age on the date the agreement is signed, or

(b) 6 months, in any other case.

(7) The agreement may be renewed but the total duration of all consecutive agreements with all directors, and all renewals to all agreements, relating to the same child must not exceed, from the date the first agreement was signed,

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

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

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

(8) If the parent does not resume care of the child when the agreement ends, the term of the agreement is extended for 30 days despite subsections (6) and (7).

Special needs agreements

7  (1) A director may make a written agreement with a parent who has custody of a child with special needs.

(2) Under the agreement, the parent may give the care of the child to the director and delegate to the director as much of the parent's authority as guardian of the child's person as is required to give effect to the agreement.

(3) Section 6 (3) to (5) and (8) applies to an agreement under this section.

(4) The initial term of the agreement must not exceed 6 months, but the agreement may be renewed for terms of up to 12 months each.

Agreements with child's kin and others

8  (1) A director may make a written agreement with a person who

(a) has established a relationship with a child or has a cultural or traditional responsibility toward a child, and

(b) is given care of the child by the child's parent.

(2) The agreement may provide for the director to contribute to the child's support while the child is in the person's care.

Not in force. Repealed.

9–10  [Not in force. Repealed 1999-26-37.]

Capacity to make agreements and enforceability of agreements

11  (1) A parent under 19 years of age may make an agreement under section 5, 6 or 7 with a director.

(2) An agreement made by a director under section 5, 6 or 7 with a person under 19 years of age is enforceable against that person.

Agreements do not limit court's power

12  An agreement does not limit the court's power to hear an application and make an order about a child.

Part 2.1 — Youth Transitional Support Services and Agreements

Support services for youth

12.1  A director may establish support services for youth, including but not limited to safe houses, outreach services and supported living arrangements.

Agreements with youth

12.2  (1) Subject to the regulations, a director may make a written agreement with a youth who needs assistance and who

(a) cannot, in the director's opinion, be re-established in the youth's family, or

(b) has no parent or other person willing or able to assist the youth.

(2) The agreement may provide for one or more of the following:

(a) residential, educational or other support services;

(b) financial assistance.

(3) The agreement must include a plan for independence that contains

(a) a description of the support services or financial assistance, or both, that are to be provided by the director,

(b) the goals to be met by the youth, and

(c) any other contents specified by regulation.

(4) Before making the agreement, the director must

(a) consider whether the agreement is in the youth's best interests, and

(b) recommend that the youth seek advice from an independent third party.

(5) The initial term of the agreement must not exceed 3 months, but the agreement may be renewed for terms of up to 6 months each.

(6) No agreement under this section continues beyond the youth's 19th birthday.

(7) An agreement made by a director under this section with a youth is enforceable against the youth.

(8) An agreement made by a director under this section with a youth does not limit the court's power to hear an application and make an order about the youth.

(9) For the purpose of this section, "youth" includes a person who

(a) is under 16 years of age, and

(b) is married or is a parent or expectant parent.

Agreements with young adults

12.3  (1) Subject to the regulations, a director may make a written agreement with a person who, until the person's 19th birthday,

(a) received support services or financial assistance, or both, under section 12.2,

(b) was in the continuing custody of a director or the permanent custody of the Superintendent of Family and Child Service, or

(c) was in the guardianship of a director of adoption or of a director under section 29 (3) of the Family Relations Act.

(2) The agreement may provide for support services or financial assistance, or both, to assist the person while

(a) enrolled in an educational or vocational training program, or

(b) taking part in a rehabilitative program.

(3) The agreement may be renewed or, after an interval, another agreement under this section may be made, but, whether one or more agreements are made,

(a) the total of the terms of all agreements with all directors, and all renewals to all agreements, relating to the same person must not exceed 24 months, and

(b) no agreement may extend beyond the person’s 24th birthday.

Part 3 — Child Protection

Division 1 — Responding to Reports

When protection is needed

13  (1) A child needs protection in the following circumstances:

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

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

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

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

(e) if the child is emotionally harmed by the parent's conduct;

(f) if the child is deprived of necessary health care;

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

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

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

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

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

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

(1.1) For the purpose of subsection (1) (b) and (c) and section 14 (1) (a) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,

(a) encouraged or helped to engage in prostitution, or

(b) coerced or inveigled into engaging in prostitution.

(2) For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe

(a) anxiety,

(b) depression,

(c) withdrawal, or

(d) self-destructive or aggressive behaviour.

Duty to report need for protection

14  (1) A person who has reason to believe that a child needs protection under section 13 must promptly report the matter to a director or a person designated by a director.

(2) Subsection (1) applies even if the information on which the belief is based

(a) is privileged, except as a result of a solicitor-client relationship, or

(b) is confidential and its disclosure is prohibited under another Act.

(3) A person who contravenes subsection (1) commits an offence.

(4) A person who knowingly reports to a director, or a person designated by a director, false information that a child needs protection commits an offence.

(5) No action for damages may be brought against a person for reporting information under this section unless the person knowingly reported false information.

(6) A person who commits an offence under this section is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.

(7) The limitation period governing the commencement of a proceeding under the Offence Act does not apply to a proceeding relating to an offence under this section.

If a young child breaks the law

15  (1) A police officer may take charge of a child and deliver him or her to a parent if the police officer considers that the child

(a) is under 12 years of age, and

(b) has acted in a manner prohibited by law or has failed or refused to act in a manner required by law.

(2) If the child has killed, assaulted or endangered another person, the police officer must report the circumstances to a director, and, in any other case, may report the circumstances to a director.

Finding out if a child needs protection

16  (1) On receiving a report about a child under section 14, 15 or 27, a director must determine whether to refer the report to another director.

(1.1) If, under subsection (1), the director makes a determination to refer the report to another director,

(a) he or she must refer the report promptly, and

(b) the other director must assess the information in the report.

(1.2) If the director does not refer the report to another director, he or she must assess the information in the report.

(2) After the assessment, the director may

(a) offer support services and agreements to the child and family,

(b) refer the child and family to a community agency, or

(c) investigate the child's need for protection.

(3) The director must make all reasonable efforts to report the result of the investigation under subsection (2) (c) to

(a) the parent apparently entitled to custody of the child,

(b) the person who reported the information that led to the investigation, and

(c) any other person or community agency if the director determines this is necessary to ensure the child's safety or well-being.

(4) In addition, the director may report the result of the investigation to the child if he or she is capable of understanding the information.

(5) Subsections (3) and (4) do not apply

(a) if reporting the result of the investigation would, in the opinion of the director, cause physical or emotional harm to any person or endanger the child's safety, or

(b) if a criminal investigation into the matter is under way or contemplated.

If director is denied access to child

17  (1) On application by a director, the court may make an order under this section if

(a) there are reasonable grounds to believe a child needs protection,

(b) a person refuses

(i)  to give a director access to the child, or

(ii)  to provide a director with all the information known to the person that may assist the director in locating the child, and

(c) access to the child is necessary to determine if the child needs protection.

(2) In an order under this section, the court may do one or more of the following:

(a) authorize the director, a police officer or a person specified in the order to, by force if necessary, enter the premises or vehicle or board the vessel specified in the order and to search for the child;

(b) require a person to disclose all the information known to the person that may assist the director in locating the child;

(c) require a person to allow the director or another person to interview or to visually examine the child, or to do both;

(d) authorize the director to take the child away from the premises, vehicle or vessel for an interview or medical examination;

(e) authorize a medical practitioner or other health care provider to examine the child.

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

(4) If the child is taken away from the premises, vehicle or vessel for an interview or medical examination, the director must return the child to the parent when the interview or medical examination is completed unless the director proceeds under section 30.

(5) At the request of a director, a police officer must assist in enforcing an order made under subsection (2).

If location of child is not disclosed

18  (1) If a person does not comply with an order under section 17 (2) (b) or (c), the court may issue a warrant for the person's arrest to bring him or her before the court to explain why the order should not be enforced.

(2) Unless the court is satisfied when the person appears before the court that he or she is for valid reasons unable to comply with the order, the court may order that the person be imprisoned for the shorter of the following periods:

(a) until the person complies with the order;

(b) 30 days.

Orders for access or warrants may be obtained by telephone

19  (1) A director may apply to a judge of the court in person, by telephone or by any other means of telecommunication for an order under section 17 or 63 or a warrant under section 28 (3.3) or 98 (4.3).

(2) If a judge of the court is not available,

(a) a director may apply in person, by telephone or by any other means of telecommunication to a justice of the peace, designated for the purpose by the chief judge of the court, for an order under section 17 or 63 or a warrant under section 28 (3.3) or 98 (4.3), and

(b) the justice may make the order or issue the warrant.

Division 2 — Cooperative Planning and Dispute Resolution

Family conference

20  (1) The purpose of a family conference is to enable and assist the family to develop a plan of care that will

(a) protect the child from harm,

(b) serve the best interests of the child,

(c) take into account the wishes, needs and role of the family, and

(d) take into account the child's culture and community.

(2) If a director concludes after an investigation that a child needs protection, the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.

(3) Subsection (2) applies whether or not the child has been removed.

(4) If the offer is accepted, the family conference coordinator may, after talking to the parent or other family member, convene a family conference.

Plan of care

21  (1) The plan of care developed by means of a family conference must include the director's consent and may include provision for services to support and assist the family and to make the family safe for the child.

(2) The plan of care may include provision for one or more of the following:

(a) the child to reside in the home of a relative or other person;

(b) a person, including a parent, to reside outside the child's home;

(c) the director to have access to the child.

(3) If the child is 12 years of age or over, the director must before agreeing to the plan of care

(a) explain the plan of care to the child, and

(b) take the child's views into account.

(4) A plan of care may only be made for a specified period of up to 6 months, but may be extended for one or more periods,

(a) with the agreement of the director and the persons who developed the plan of care, and

(b) if the total period of all consecutive plans of care with all directors relating to the same child, including all extensions, is not more than 18 months.

Mediation or other alternative dispute resolution mechanisms

22  If a director and any person are unable to resolve an issue relating to the child or a plan of care, the director and the person may agree to mediation or other alternative dispute resolution mechanisms as a means of resolving the issue.

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,

(c) if the information is disclosed in an agreement filed under section 23, or

(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;

(c) arrange for homemaker services to be provided for the shorter of the following periods:

(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

(c) look after the child while in the director's charge.

(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;

(c) the person with care of the child.

(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;

(c) if the court thinks the other person may not comply with an order under paragraph (a) or (b), order that person to

(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;

(c) shorten the term of 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

(c) any other person the court directs.

(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,

(c) requiring a parent or another person to deliver the child to the place where the health care will be provided, and

(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

(c) any other steps have been taken under this Act

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

(c) the child is returned by the court under section 35 (2) (c),

(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,

(c) the director receives information that causes the director to believe the child does not need protection, or

(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;

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

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

(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;

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

(c) information about any less disruptive measures considered by the director before removing the child.

(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,

(c) an order that the child be returned to or remain with the parent apparently entitled to custody, or

(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);

(c) [Repealed 1999-26-14.]

(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;

(c) any person made a party under section 39 (4);

(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;

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

(c) a consent order under section 60.

(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;

(d) if the child is not a Nisga'a child and is not registered or not 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, a designated representative of an Indian band or aboriginal community served with notice of the hearing;

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

(c) the director's right to visit the child, and

(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;

(c) if practicable, the persons referred to in section 34 (3) (b), (c), (d) and (e);

(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) or (e) 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;

(c) if the supervision order was made under section 49 (8), the persons who under section 49 (3) 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:

(c) that the child be placed in the continuing custody of the director if there is no significant likelihood that

(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

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

(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;

(c) any person who has custody of the child under the temporary custody order;

(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;

(d) if the child is not a Nisga'a child and is not registered or not 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, 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

(c) the child's best interests.

(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

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

(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,

(c) the child marries,

(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;

(c) the Public Guardian and Trustee;

(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;

(e) if the child is not a Nisga'a child and is not registered or not 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

(c) has given voluntary consent to the order transferring custody under this section.

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 und