BILL NO. 112
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015
Children and Family Services Act
(amended)
The Honourable Joanne Bernard
Minister of Community Services
First Reading: April 30, 2015
Second Reading: November 12, 2015
Third Reading: December 11, 2015 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
(a) amends the definition of "child" to include persons aged 16 to 18 years;
(b) updates the definitions of "child-care services", "child-caring facility", "court", "parent or guardian" and "relative";
(c) removes the definitions of "child-placing agency", "county court" and "municipality";
(d) adds definitions of "common-law relationship", "emotional harm", "neglect" and "sexual abuse"; and
(e) adds to the factors to be considered with respect to the "best interests of a child".
Clause 2 removes a reference to "child-placing agencies".
Clause 3 sets out the investigative powers of social workers employed by an agency.
Clause 4 requires the Minister or an agency to take reasonable measures to provide services to families and children to enable a child to be placed in the care of a parent or guardian of the child.
Clause 5 clarifies that the Minister has a duty to provide services or placement to a child under 16 years of age under certain circumstances and that the Minister is allowed to provide the same services or placement to a child 16 years of age or more but under 19 years of age under the same circumstances.
Clause 6 allows the Minister to appoint an interim manager to fix any problems with a child-caring facility rather than suspending or cancelling an approval or licence respecting the facility.
Clause 7 modernizes wording used in the Act.
Clause 8 replaces the ability of a child aged 16 to 18 years to enter into a special-needs agreement with the ability for such a child to enter into an agreement to voluntarily receive services.
Clause 9 allows a child aged 16 to 18 years to enter into a written agreement for a placement or assistance in obtaining a placement.
(a) removes the authority of a court to stay proceedings to determine whether a child is in need of protective services when a mediator is appointed;
(b) explicitly references the time limits that may be extended when a court grants an order for mediation; and
(c) allows for only one order for mediation to be granted in respect of any particular proceeding.
Clause 11 redefines when a child is in need of protective services.
Clause 12 expands the duty of professionals and officials to report abuse to include instances where the person has reasonable grounds to suspect that a child is about to suffer abuse.
Clause 13 establishes a duty for a person to report information to an agency about the whereabouts of a child if the person is notified by the agency that there are reasonable and probable grounds to believe the child is in need of protective services. It also creates offences for failure to report and for false and malicious reporting, and prevents a person who makes a report from being subject to liability for doing so, unless the report is false and malicious.
(a) amends the interpretation provision respecting when a child is abused by a third party; and
(b) expands the duty to report third-party abuse to include a duty to report information indicating that a child is or may be about to suffer abuse in the imminent future.
(a) revises language to account for the change in the definition of "child"; and
(b) requires a peace officer to notify an agency and a parent or guardian of the child of a detention.
(a) allows an agency to place a child with a relative if the child has been abandoned, the child's only parent or guardian has died or no parent or guardian is available to exercise custodial rights or has made adequate provision for the child's care; and
(b) requires the agency to commence an application to determine whether a child is in need of protective services if the relative does not commence an application for care and custody of the child within 30 days of the child being placed with the relative.
Clause 17 extends the authority of a court to order a peace officer to locate, detain and return a child to children in care who are over the age of 16 years, and allows the court to order that a child in detention be delivered to a child-caring facility of an agent's choosing.
Clause 18 modernizes references to the Supreme Court of Nova Scotia.
Clause 19 provides that an application to determine whether a child is in need of protective services may only be commenced in respect of a child who is under 16 years of age at the time the application is made.
Clause 20 provides that an agent may only take a child 16 years of age or older but under 19 years of age into care after an application has been commenced.
(a) corrects an error;
(b) updates wording;
(c) makes an amendment consequential to the prohibition on a court ordering access when it makes an order for permanent care and custody; and
(d) extends to all foster parents, in respect of certain hearings, certain procedural rights of foster parents who have cared for a child for six continuous months.
Clause 22 provides for notice of a proceeding in respect of a child to be served on a non-custodial parent.
Clause 23 provides for the appointment of a guardian ad litem for any child under 16 years of age who is made a party to a proceeding.
(a) disallows a court from making an interim order that a child remain in or be returned to the unsupervised care and custody of a parent or guardian;
(b) allows a court to make an interim order that a child be placed in the supervised care and custody of a parent or guardian who did not have care and custody of the child at the commencement of the proceeding, or of a person who is a party to the proceeding;
(c) disallows a court from ordering interim access for a person other than a parent or guardian or other person who is a party to the proceeding;
(d) allows a court to make an interim order referring a child or a parent or guardian or other person who is a party to the proceeding for assessment, treatment or services; and
(e) provides that where a court makes a supervision order, a representative of the agency may enter the residence of the child to provide guidance and assistance and to ascertain whether the child is being cared for properly.
(a) allows a court to refer the parties to a proceeding to restorative conferencing if it is in the child's best interests; and
(b) requires every party to admit that a child is in need of protective services before a court may determine that the child is in need of protective services on the basis of those admissions.
Clause 26 provides for restorative conferencing.
(a) allows a court to refer the parties to a proceeding to restorative conferencing if it is in the child's best interests;
(b) removes a requirement that the plan for a child's care provided to the court at a disposition hearing include an estimate of the time required to achieve the purpose of the agency's intervention; and
(c) requires that, when a parent or guardian consents to a disposition order that removes a child from the parent or guardian's care and custody, the court satisfy itself that the child has not expressed a desire to be a party to the proceedings, if the child is twelve years of age or more and not already a party to the proceeding.
(a) permits a court making a disposition order to order that a child be placed in the care of the child's parent or guardian who did not have care and custody of the child at the commencement of the proceeding, or of a person who is a party to the proceeding; and
(b) modifies the requirement that a court, where it determines it necessary to remove a child from the care of a parent or guardian, consider placing the child with another person to require that any person so considered must have had a meaningful relationship with the child at the time the child was taken into care.
(a) modernizes wording;
(b) authorizes a court to order access by a child to any party to a proceeding for a supervision order; and
(c) removes a limitation on the duration of certain supervision orders that a court may make.
(a) modernizes wording;
(b) authorizes a court to order access by a child to any party to a proceeding for a temporary care and custody order; and
(c) removes the authority for a court to order access by a person, other than a party to the proceeding for a temporary care order, to a child when making an order for temporary care and custody.
(a) revises the maximum duration of a single disposition order to 3 months;
(b) revises the maximum cumulative duration of all disposition orders in a proceeding to 12 months;
(c) requires that the maximum cumulative duration of all disposition orders in a proceeding be reduced to account for time spent in restorative conferencing; and
(d) requires that a court dismiss a proceeding or order t hat the child be placed in the permanent care and custody of an agency if the child has been the subject of multiple proceedings and the cumulative duration of all supervision orders (in which the child remains in or is placed in the supervised care and custody of a person other than a parent or guardian) and orders for temporary care and custody exceeds 18 months.
Clause 32 makes an amendment consequential to the revision of the maximum duration of disposition orders.
(a) prohibits a court from ordering access when it makes an order for permanent care and custody;
(b) requires the agency to, where possible, facilitate communication between a child who is subject to an order for permanent care and custody and a relative or other person who has an established relationship with the child, if the agency considers the communication to be in the child's best interests; and
(c) requires that a child who is subject to an order for permanent care and custody be placed with a family of the child's religion, if possible.
(a) eliminates the court-ordered extension of an order for permanent care and custody if a child is under 21 years old and pursuing an education program;
(b) makes amendments consequential to the prohibition on a court ordering access when it makes an order for permanent care and custody;
(c) extends the time before which a party may apply to terminate an order for permanent care and custody and eliminates the ability of a party to apply for leave of the court to make such an application prior to that time;
(d) requires that an application to terminate an order for permanent care and custody be heard within 90 days; and
(e) removes the requirement that a certain written report submitted to the Minister by an agency be in the form prescribed by the regulations.
Clause 35 reduces the number of days in the period during which the appeal of a court order may be appealed to the Court of Appeal, to counteract a change in the way the appeal period is calculated under the new Civil Procedure Rules. The net effect is to return the length of the appeal period to what it was before the new Civil Procedure Rules came into effect.
Clause 36 provides that the maximum amount that a person may be made to pay under an order to pay maintenance is to be set out in a policy established by the Minister.
Clause 37 updates a reference to the Family Maintenance Act to a reference to the Maintenance and Custody Act.
Clause 38 changes one of the criteria that must be satisfied before a Minister may issue a secure-treatment certificate.
(a) provides that parents of children in temporary care are to receive notice of an application for a secure-treatment order, rather than being served with the application;
(b) allows such parents, upon application, to be added as parties to an application;
(c) extends the maximum duration of a secure-treatment order to 45 days; and
(d) changes one of the criteria that must be satisfied before a court may make or renew a secure-treatment order.
(a) provides that a parent of a child in temporary care is to receive notice of an application for review of a secure-treatment order, rather than being served with the application, if the parent was not a party to the application for the order;
(b) allows such a parent to, upon application, be added as a party to an application for review; and
(c) requires that an application for review be filed and served no fewer than four working days before the hearing.
Clause 41 makes amendments consequential to parents and guardians of children in temporary care no longer being automatically considered as parties to applications for secure-treatment orders or the review of such orders.
Clause 42 authorizes a person designated by the Minister in accordance with the regulations to apprehend a child and return the child to the secure treatment facility if the child is the subject of a secure-treatment certificate or order and leaves without obtaining a leave of absence or fails to return from a leave of absence.
Clause 43 provides for the granting to a child of a leave of absence for legal reasons while the child is being held in a secure treatment facility under a secure-treatment certificate or order.
Clause 44 modifies the test for emotional harm in a definition of abuse applicable to certain provisions of the Act.
Clause 45 expands the scope of the names to be entered on the Child Abuse Register to include the name of a person convicted of a criminal offence involving (as well as against) a child.
Clause 46 requires a person applying to be removed from the Child Abuse Register to give written notice of the application to the Minister.
Clause 47 provides that, subject to the authority to disclose contained in subsection 66(3) of the Act, the Minister may only disclose information about the entry of a person's name in the Child Abuse Register to the person, rather than to certain third parties with the person's consent.
(a) adds a definition of "court" for the purpose of the provisions of the Act relating to adoption;
(b) modernizes the language used in the Act; and
(c) replaces a reference to "paternity" with a reference to "parentage".
(a) replace references to a "child-placing agency" with references to an "agency"; and
(b) update the name of Mi'kmaw Family and Children's Services.
(a) replaces a reference to a "child-placing agency" with a reference to an "agency"; and
(b) authorizes a child to be placed for adoption in Nova Scotia in accordance with the laws of another jurisdiction.
(a) replaces references to a "child-placing agency" with references to an "agency"; and
(b) allows a person who has care and custody of a child pursuant to an order made under the Maintenance and Custody Act to commence proceedings for adoption at any time while the order is in effect.
(a) extends the application of provisions relating to the husband or wife of a person applying to adopt a child to apply to the common-law spouse of such a person; and
(b) modernizes language.
(a) replaces a reference to a "child-placing agency" with a reference to an "agency";
(b) removes a provision that allows an agency to give any consent otherwise to be given by a parent who enters into an adoption agreement with the agency to give up the child to the agency for the purpose of adoption; and
(c) updates a reference to the Family Maintenance Act to a reference to the Maintenance and Custody Act.
Clause 55 updates the name of Mi'kmaw Family and Children's Services of Nova Scotia.
Clause 56 updates a reference to the Family Maintenance Act to a reference to the Maintenance and Custody Act.
Clause 57 modernizes language.
Clause 58 removes a reference to a "child-placing agency".
(a) eliminates the Minister's advisory committee; and
(b) allows for a subsidy to be granted to someone having care of an adopted child if the child's adoptive parent, being in receipt of a subsidy under Section 87 of the Act, dies or becomes unable to care for the child.
Clause 60 expands the scope of an offence provisions to protect a child who is the subject of a temporary-care order from interference.
Clause 61 removes jurisdiction over offences under the Act from the Family Court and bestows it upon the Provincial Court.
(a) removes a provision allowing municipalities to contribute to an agency with jurisdiction within the municipality; and
(b) limits the liability of persons exercising or performing powers, duties or functions conferred under the Act, if exercised or performed in good faith and without negligence.
(a) removes references to child-placing agencies;
(b) allows the Governor in Council to make regulations respecting the approval of foster parents;
(c) allows the Governor in Council to make regulations respecting standards and procedures for the use in licensed child-caring facilities of therapeutic quiet rooms and physical restraints;
(d) allows the Governor in Council to make regulations prescribing the procedures for services agreements under Section 19 of the Act and placement agreements under Section 19A of the Act;
(e) allows the Governor in Council to make regulations respecting the designation by the Minister of a person who may apprehend or return a child to a secure treatment facility if the child is on unauthorized leave from the facility; and
(f) makes changes to the regulation-making powers consequential to the amendments to the Child Abuse Registry.
Clauses 64 and 65 repeal spent transitional provisions.
Clause 66 provides that where a proceeding under the Act is commenced before this Act comes into force, it is to be disposed of under the rules in place immediately before this Act came into force.
Clause 67 provides that this Act comes into force on proclamation.
An Act to Amend Chapter 5
of the Acts of 1990,
the Children and Family Services Act
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 3(1) of Chapter 5 of the Acts of 1990, the Children and Family Services Act, is amended by
(a) striking out "sixteen years of age unless the context otherwise requires" in the first and second lines of clause (e) and substituting "nineteen years of age";
(b) striking out subclause (g)(iii) and substituting the following subclause:
(c) striking out subclauses (h)(ii) and (iii);
(d) striking out subclause (h)(v) and substituting the following subclause:
(e) striking out subclauses (h)(vii) to (ix);
(f) striking out clauses (i) to (k) and substituting the following clauses:
(j) "court" means, unless the context otherwise requires,
(ii) in any area of the Province where the Supreme Court (Family Division) is not entitled to exercise jurisdiction, the Family Court, and includes a judge of that Court;
(h) striking out clause (p) and substituting the following clause:
(k) adding ", has custody of the child" immediately after "order" in the second line of subclause (r)(vi);
(l) striking out "an individual who has acknowledged paternity of the child and" in the first two lines of subclause (r)(vii) and substituting "a mother or father"; and
(m) striking out clause (t) and substituting the following clauses:
(ii) the use of a child in, or exposure to, prostitution, pornography or any other unlawful sexual practice.
(2) Subsection 3(2) of Chapter 5 is amended by adding immediately after clause (g) the following clause:
2 Section 7 of Chapter 5 is amended by
(a) striking out the comma in the second line and substituting "and"; and
(b) striking out "and child-placing agencies" in the second and third lines.
3 Chapter 5 is further amended by adding immediately after Section 12 the following Section:
(a) attend at the residence of the child and any other place frequented by the child;
(b) interview and examine the child;
(c) interview any parent or guardian of the child;
(d) interview any person who cares for or has an opportunity to observe the child;
(e) interview any person who provides health, social, educational or other services to the child or to any parent or guardian of the child;
(f) interview other persons about past parenting; and
(g) interview other persons and gather any evidence that the social worker considers necessary or advisable to complete the investigation.
(2) A social worker employed by an agency may exercise any of the powers enumerated in subsection (1) regardless of whether the social worker has the consent of a parent or guardian of the child.
4 Section 13(1) of Chapter 5 is amended by striking out "the care of the child's parent or guardian" in the fifth and sixth lines and substituting "or placed in the care of a parent or guardian of the child".
5 Section 14 of Chapter 5 is repealed and the following subsection substituted:
(a) there is no parent or guardian willing to assume responsibility for the child; or
(b) the child is a child in care who requires child-care services or placement in a child-caring facility.
(2) The Minister may provide to a child sixteen years of age or more but under nineteen years of age appropriate child-care services or placement in a child-caring facility if it appears to the Minister that
(a) there is no parent or guardian willing to assume responsibility for the child; or
(b) the child is a child in care who requires child-care services or placement in a child-caring facility.
6 Section 15 of Chapter 5 is amended by adding immediately after subsection (3) the following subsection:
7 Subsection 16(1) of Chapter 5 is amended by
(a) striking out clauses (a) to (d) and substituting the following clause:
(b) striking out "the care and treatment of emotionally disturbed children" in the first, second and third lines of clause (e).
8 (1) Subsection 19(1) of Chapter 5 is repealed and the following subsection substituted:
(2) Subsection 19(2) of Chapter 5 is amended by striking out "A special-needs" in the first line and substituting "A services".
(3) Subsection 19(3) of Chapter 5 is amended by striking out "A special-needs" in the first line and substituting "A services".
9 Chapter 5 is further amended by adding immediately after Section 19 the following Section:
(a) does not reside with a parent or guardian; or
(b) is or may be in need of protective services in respect of a parent or guardian with whom the child resides.
(2) An agency may not enter into a placement agreement pursuant to this Section unless the agency determines that
(a) an appropriate placement that is likely to benefit the child is available; and
(b) a placement is not otherwise available to the child from any source.
(3) A placement agreement made pursuant to this Section shall be made for a period not exceeding one year, but may be extended for further periods each not exceeding one year, with the approval of the Minister.
(4) A placement agreement made pursuant to this Section shall be in the form prescribed by the regulations.
10 (1) Subsection 21(2) of Chapter 5 is amended by striking out "a stay of proceedings" in the second last and last lines and substituting "an order for mediation".
(2) Subsection 21(3) of Chapter 5 is repealed and the following subsections substituted:
(4) The court may grant an order for mediation only once in respect of any proceeding.
11 Subsection 22(2) of Chapter 5, as amended by Chapter 10 of the Acts of 1996, is further amended by
(a) striking out clause (f) and substituting the following clause:
(c) adding ", or fails to co-operate with the provision of" immediately after "to" the second time it appears in the fifth line of clause (g);
(d) striking out "or" the first time it appears in the fifth line of clause (h);
(e) adding ", or fails to co-operate with the provision of" immediately after "to" the second time it appears in the sixth line of clause (h);
(f) striking out clauses (i) to (k) and substituting the following clauses:
(j) the child is experiencing chronic and serious neglect by a parent or guardian of the child;
(k) there is a substantial risk that the child will experience chronic and serious neglect by a parent or guardian of the child, and the parent or guardian does not provide, refuses or is unavailable or unable to consent to, or fails to co-operate with the provision of, services or treatment to remedy or alleviate the harm;
(ka) the child's only parent or guardian has died or is unavailable to exercise custodial rights over the child and has not made adequate provision for the child's care and custody;
(kb) the child is in the care of an agency or another person and the parent or guardian of the child refuses or is unable or unwilling to resume the child's care and custody;
(h) adding ", or fails to co-operate with the provision of" immediately after "to" the second time it appears in the seventh line of clause (l).
12 Subsection 24(2) of Chapter 5 is amended by striking out "is or may be suffering or may have suffered abuse" in the fourth last and third last lines and substituting the following clauses:
(g) is or may be suffering abuse; or
(h) is or may be about to suffer abuse in the imminent future,
13 Chapter 5 is further amended by adding immediately after Section 24 the following Section:
(2) This Section applies whether or not the information obtained is confidential or privileged.
(3) No action lies against a person by reason of that person reporting information pursuant to subsection (1), unless the reporting of that information is done falsely and maliciously.
(4) Every person who contravenes subsection (1) is guilty of an offence and upon summary conviction is liable to a fine of not more than two thousand dollars or to imprisonment for a period not exceeding six months or to both.
(5) No proceedings may be instituted pursuant to subsection (4) more than two years after the contravention occurred.
(6) Every person who falsely and maliciously reports information to an agency pursuant to subsection (1) is guilty of an offence and upon summary conviction is liable to a fine of not more than two thousand dollars or to imprisonment for a period not exceeding six months or to both.
14 (1) Subsection 25(1) of Chapter 5 is repealed and the following subsection substituted:
(a) suffers physical harm, inflicted by a person other than a parent or guardian of the child or caused by the failure of a person other than a parent or guardian of the child to supervise and protect the child adequately;
(b) is sexually abused by a person other than a parent or guardian of the child or by another individual where the person, not being a parent or guardian of the child, with the care of the child knows or should know of the possibility of sexual abuse and fails to protect the child; or
(c) suffers serious emotional harm, caused by the intentional conduct of a person other than a parent or guardian of the child.
(b) is or may be suffering abuse; or
(c) is or may be about to suffer abuse in the imminent future,
15 (1) Subsection 27(1) of Chapter 5 is amended by adding "under the age of sixteen years" immediately after "child" in the second line.
(2) Subsection 27(2) of Chapter 5 is amended by striking out clause (a) and substituting the following clause:
(2) Section 28 of Chapter 5 is further amended by adding immediately after subsection (1) the following subsection:
(3) Section 28 of Chapter 5 is further amended by adding immediately after subsection (2) the following subsection:
(a) the child has been placed with a relative of the child pursuant to subsection (1A); and
17 (1) Subsection 29(1) of Chapter 5 is amended by
(a) striking out "or" at the end of clause (c);
(b) striking out the period at the end of clause (d) and substituting "; or"; and
(c) adding immediately after clause (d) the following clause:
(a) striking out "Trial Division of the" in the second line; and
(b) striking out ", including a local judge thereof," in the second and third lines.
(2) Subsection 30(4) of Chapter 5 is amended by
(a) striking out "Trial Division of the" in the third line; and
(b) striking out ", including a local judge thereof," in the third and fourth lines.
19 Section 32 of Chapter 5 is amended by adding "under sixteen years of age" immediately after "child" in the second line.
20 Subsection 33(1) of Chapter 5 is amended by striking out "at any time before or after an application to determine whether a child is in need of protective services has been commenced," in the second, third and fourth lines and substituting the following clauses:
(b) at any time after an application to determine whether a child is in need of protective services has been commenced, if the child is sixteen years of age or more but under nineteen years of age,
21 (1) Subsection 36(1) of Chapter 5 is amended by
(a) striking out "pursuaut" in the first and second lines of clause (e) and substituting "pursuant";
(b) adding "Civil Procedure Rules or" immediately after "the" the second time it appears in the second line of clause (f); and
(c) adding ", as the case may be" immediately after "Rules" in the last line of clause (f).
(2) Subsection 36(3) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "Mi'kmaq" in the third line and substituting "Mi'kmaw".
(3) Subsection 36(4) of Chapter 5 is amended by striking out ", who has cared for the child continuously during the six months immediately before the hearing or application," in the fourth, fifth and sixth lines and substituting "of the child".
22 Chapter 5 is further amended by adding immediately after Section 36 the following Section:
(2) Where the identity or whereabouts of the mother or father is unknown to the agency, the court shall inquire of each party to the proceeding to attempt to ascertain the identity or whereabouts of the mother or father, as the case may be.
(3) Where more than one person is identified as a possible father, each such person shall be served with notice pursuant to subsection (1).
23 (1) Subsection 37(2) of Chapter 5 is amended by
(a) striking out "and be represented by counsel" in the fourth and fifth lines; and
(b) striking out "and representation" in the second last line.
(2) Section 37 is further amended by adding immediately after subsection (2) the following subsection:
(3) Subsection 37(3) of Chapter 5 is amended by striking out "twelve" in the second last line and substituting "sixteen".
24 (1) Subsection 39(4) of Chapter 5 is amended by
(b) striking out "or" in the first line of clause (b) and substituting a comma;
(c) adding "or be placed in" immediately after "to" in the second line of clause (b);
(d) adding "or other person who is a party to the proceeding" immediately after "guardian" in the second line of clause (b);
(e) adding "or other person who is a party to the proceeding" immediately after "guardian" in the second and third lines of clause (d);
(f) adding "who is a party to the proceeding" immediately after "person" in the first line of clause (f); and
(g) striking out clause (g) and substituting the following clause:
(2) Section 39 is further amended by adding immediately after subsection (4) the following subsection:
25 (1) Subsection 40(1) of Chapter 5 is amended by striking out ", hold a protection hearing and determine whether the child is in need of protective services." in the second last and last line and substituting the following clauses:
26 Chapter 5 is further amended by adding after Section 40 the following Sections:
(2) A restorative conference may be attended by
(b) a representative of a party;
(c) a professional providing assessment, treatment or services to a party or, where the child is not a party, the child; and
(d) any other person, if the parties all consent.
40B (1) Where the court refers the parties to restorative conferencing, the initial restorative conference must be held within thirty days of the referral.
(2) At the initial restorative conference,
(a) the agency shall provide to the other parties a proposal for a service plan; and
(b) the parties shall attempt to negotiate a service plan for implementation.
40C (1) After the initial restorative conference is held, each subsequent restorative conference must be held within sixty days of the preceding restorative conference.
(2) The service plan must be reviewed and, where necessary, revised at each restorative conference after the initial restorative conference.
40D For greater certainty, during restorative conferencing, a party may apply for, and the court may order, disclosure or discovery in accordance with the Civil Procedure Rules or the Family Court Rules, as the case may be.
40E (1) Where a restorative conference is not held
(a) within sixty days of the preceding restorative conference; or
(b) within thirty days of the court ordering that the parties resume restorative conferencing pursuant to clause (a) of subsection (2),
the agency shall apply within five working days to have the court consider whether to terminate restorative conferencing.
(2) Where an application is made pursuant to subsection (1), the court may
(a) order that the parties resume restorative conferencing if the court determines it to be in the child's best interests; or
(b) terminate restorative conferencing.
40F (1) A party may at any time terminate restorative conferencing by filing a notice of termination of restorative conferencing with the court and providing written notice thereof to the other parties.
(2) Where restorative conferencing is terminated pursuant to clause (b) of subsection (2) of Section 40E or subsection (1), the court shall
(a) within five working days, schedule a pre-hearing conference; and
(ii) where the parties are referred to restorative conferencing pursuant to clause (b) of subsection (1) of Section 41, hold a disposition hearing and make a disposition order pursuant to Section 42.
(2) When making an application pursuant to subsection (1), the agency shall file with the court an agreed statement of facts.
(3) Where the court determines it to be in the child's best interests to do so, the court may order that restorative conferencing be concluded and the proceeding be discontinued.
(4) The court may not make an order for costs when an order is made pursuant to subsection (3).
40H Within twelve months of the parties being referred to restorative conferencing under clause (b) of subsection (1) of Section 40, the agency shall terminate restorative conferencing under subsection (1) of Section 40F or apply to conclude restorative conferencing and discontinue the proceeding under subsection (1) of Section 40G if restorative conferencing has not otherwise been terminated.
(3) Subsection 41(4) of Chapter 5 is amended by
(a) striking out "and, where the child is twelve years of age or more, whether the child has consulted" in the second and third lines of clause (b);
(b) striking out "and" at the end of clause (b);
(c) striking out the period at the end of clause (c) and substituting "; and"; and
(d) adding immediately after clause (c) the following clause:
28 (1) Clause 42(1)(b) of Chapter 5 is amended by
(a) striking out "or" in the first line and substituting a comma;
(b) adding "or be placed in" immediately after "to" in the second line; and
(c) adding "or other person who is a party to the proceeding" immediately after "guardian" in the second line.
(2) Subsection 42(3) of Chapter 5 is amended by adding "with whom the child, at the time of being taken into care, had a meaningful relationship" immediately after "family" in the seventh line.
29 (1) Subsection 43(1) of Chapter 5 is amended by
(a) striking out clause (e) and substituting the following clause:
(b) adding "who is a party to the proceeding or is" immediately after "person" in the third line of clause (g).
(2) Subsection 43(4) of Chapter 5 is repealed.
30 Subsection 44(1) of Chapter 5 is amended by
(a) striking out "by a parent or guardian to the child" in the first and second lines of clause (a) and substituting "by a child to a parent or guardian or other person who is a party to the proceeding";
(b) striking out clause (b); and
(c) striking out "residing with the child" in the third line of clause (d) and substituting "who is a party to the proceeding".
31 Section 45 of Chapter 5 is repealed and the following Sections substituted:
(2) Subject to Section 45A, the cumulative duration of all disposition orders made pursuant to Section 42 in respect of a proceeding must not exceed twelve months from the date when the initial disposition order is made.
(3) Where the parties are referred to restorative conferencing during a proceeding, the maximum cumulative duration of all disposition orders made pursuant to Section 42, as determined pursuant to subsection (2), must be reduced by the amount of time equal to that spent by the parties in restorative conferencing.
45A Where a child has been the subject of more than one proceeding and the cumulative duration of all disposition orders made pursuant to clause (c) or (d) of subsection (1) of Section 42 in respect of the proceedings exceeds eighteen months, the court shall, in the child's best interests,
(a) dismiss the proceeding; or
(b) order that the child be placed in the permanent care and custody of the agency, in accordance with Section 47.
32 Clause 46(5)(c) is amended by striking out "43 for supervision orders and in Section 45 for orders for temporary care and custody" in the third, fourth and fifth lines and substituting "45".
33 (1) Subsections 47(2) to (4) of Chapter 5 are repealed and the following subsections substituted:
(3) Where a child is the subject of an order for permanent care and custody and the agency considers it to be in the child's best interests, the agency shall, where possible, facilitate communication or contact between the child and
(a) a relative of the child; or
(b) a person who has an established relationship with the child.
34 (1) Clause 48(1)(a) of Chapter 5 is amended by striking out "because the child is pursuing an education program or" in the second and third lines.
(2) Subsection 48(3) of Chapter 5 is amended by
(a) striking out "or to vary access under such an order" in the second and third lines; and
(b) striking out "or variation of access" in the second last and last lines.
(3) Subsection 48(4) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996 and amended by Chapter 15 of the Acts of 2005, is further amended by striking out "or to vary or terminate access under such an order" in the fifth line.
(4) Subsection 48(6) of Chapter 5 is amended by
(b) striking out "except with leave of the court," in the first line of clause (c);
(c) striking out subclause (c)(i) and substituting the following subclause:
(d) striking out "six" in the first line of subclause (c)(ii) and substituting "twelve";
(e) striking out "six" in the first line of subclause (c)(iii) and substituting "twelve"; and
(f) striking out subclause (d)(i) and substituting the following subclause:
(5) Subsection 48(7) of Chapter 5 is amended by adding "by the agency" immediately after "application" in the first line.
(6) Chapter 5 is further amended by adding immediately after subsection (7) the following subsection:
(7) Subsection 48(8) of Chapter 5 is amended by
(a) adding "or other person who is a party to the proceeding" immediately after "guardian" in the third and fourth lines of clause (c); and
(b) adding "or other person who is a party to the proceeding" immediately after "guardian" in the fourth line of clause (d).
(8) Subsection 48(11) of Chapter 5 is amended by
(a) striking out "or to vary access to the child" in the first and second lines of clause (b); and
(b) striking out "in the form prescribed by the regulations" in the tenth and eleventh lines.
35 Subsection 49(1) of Chapter 5 is amended by striking out "thirty" in the fourth line and substituting "twenty-three".
36 Subsection 52(2) of Chapter 5 is amended by striking out "costs for maintaining the child pursuant to this Act, during the time which the child is cared for by an agency prior to and after the making of the order and a sum equal to the expenses incurred for taking the child into care, or in lieu thereof, a lump sum determined by the Governor in Council" in the eighth to thirteenth lines and substituting "amount payable for maintaining a child in care as prescribed by the regulations".
37 Section 53 of Chapter 5 is amended by striking out "Family Maintenance" in the last line and substituting "Maintenance and Custody".
38 Clause 55(1)(c) of Chapter 5 is repealed and the following clause substituted:
39 (1) Subsection 56(2) of Chapter 5 is amended by striking out "and, where the child in care is not a child in permanent care and custody, upon the child's parent or guardian" in the second, third and fourth lines.
(2) Section 56 of Chapter 5 is amended by adding immediately after subsection (2) the following subsections:
(2B) Where the child who is the subject of an application is not a child in permanent care and custody, the court may, upon application by the parent or guardian of the child, add the parent or guardian as a party to the proceeding.
(3) Subsection 56(3) of Chapter 5 is amended by
(a) striking out "thirty" in the third line and substituting "forty-five"; and
(b) striking out clause (c) and substituting the following clause:
(4) Clause 56(4)(c) of Chapter 5 is repealed and the following clause substituted:
40 (1) Subsection 57(1) of Chapter 5 is repealed and the following subsections substituted:
(1A) Every party to an application for a secure-treatment order is a party to an application for review.
(1B) Where the child who is the subject of an application for review is not a child in permanent care and custody, the applicant shall notify the child's parent or guardian of the proceeding if the parent or guardian is not already a party to the application for review.
(1C) Where the child who is the subject of an application for review is not a child in permanent care and custody, the court may, upon application by a parent or guardian of the child, add the parent or guardian as a party to the proceeding.
(2) Section 57 is further amended by adding immediately after subsection (2) the following subsection:
41 (1) Subsection 58(1) of Chapter 5 is amended by striking out "other than the parent or guardian of a child in permanent care and custody" in the fourth and fifth lines and substituting "if the parent or guardian was a party to the application respecting the order".
(2) Subsection 58(2) of Chapter 5 is amended by striking out "other than the parent or guardian of a child in the permanent care and custody" in the third, fourth and fifth lines and substituting ", if the parent or guardian was a party to the application for the order".
42 Subsection 59(3) of Chapter 5 is amended by striking out "or agent" in the second last line and substituting ", agent or person designated by the Minister in accordance with the regulations".
43 Subsection 60(1) of Chapter 5 is amended by adding "to attend legal proceedings or" immediately after "facility" in the third and fourth lines.
44 Clause 62(c) of Chapter 5 is amended by striking out ", demonstrated by severe anxiety, depression, withdrawal, or self-destructive or aggressive behaviour," in the first, second and third lines.
45 Clause 63(2)(b) of Chapter 5 is amended by adding "or involving" immediately after "against" in the second line.
46 Subsection 64(2) of Chapter 5 is amended by adding ", upon providing written notice to the Minister," immediately after "may" in the second line.
47 Subsections 66(4) and (5) of Chapter 5 are repealed and the following subsection substituted:
(a) whether the person's name is entered in the Child Abuse Register; and
(b) where the person's name is entered in the Child Abuse Register, any information respecting the person entered in the Child Abuse Registry pursuant to subsection (2) of Section 63.
(a) adding immediately after clause (c) the following clause:
(b) striking out "child is a legitimate or legitimated" in the second line of subclause (f)(ii) and substituting "father was, at the time of the child's birth, married to or in a common-law relationship with the mother of the"; and
(c) striking out "paternity" in the second line of subclause (f)(vi) and substituting "parentage".
49 (1) Subsection 68(1) of Chapter 5 is amended by
(a) striking out "a child-placing" in the second line and substituting "an"; and
(b) striking out "child-placing" in the third line.
(2) Subsection 68(4) of Chapter 5 is amended by striking out "child-placing" in the fifth line.
(3) Subsection 68(6) of Chapter 5 is amended by striking out "child-placing" in the third line.
(4) Subsection 68(7) of Chapter 5 is amended by striking out "child-placing" in the fourth line.
(5) Subsection 68(8) of Chapter 5 is amended by striking out "child-placing" in the second line.
(6) Subsection 68(10) of Chapter 5 is amended by striking out "child-placing" in the second line.
(7) Subsection 68(11) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "Mi'kmaq Family and Children's Services" in the first and second and in the last lines and substituting in each case "Mi'kmaw Family and Children's Services of Nova Scotia".
(8) Subsection 68(12) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "Mi'kmaq Family and Children's Services" in the sixth and seventh lines and substituting "Mi'kmaw Family and Children's Services of Nova Scotia".
50 (1) Subsection 68A(1) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by
(a) striking out "child-placing" in the fifth line, in the second line of clause (a) and in the first line of clause (c); and
(2) Subsection 68A(3) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by
(a) striking out "a child-placing" in the first and second lines and substituting "an";
(b) striking out "child-placing" in the third line, in the third line of clause (a), in the third line of clause (b) and in the third last line; and
(3) Clause 68A(4)(a) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "child-placing" in the first and in the third and fourth lines.
(4) Subsection 68A(5) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by
(a) striking out "a child-placing" in the first line and substituting "an"; and
(b) striking out "child-placing" in third and in the seventh lines.
(5) Subsection 68A(6) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "child-placing" in the last line.
51 Subsection 70(1) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by
(a) striking out "a child-placing" in the first and second lines of clause (a) and substituting "an";
(b) striking out "or" at the end of clause (b);
(c) striking out the period at the end of clause (c) and substituting "; or"; and
(d) adding immediately after clause (c) the following clause:
52 (1) Clause 70A(1)(d) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "a child-placing" in the second line and substituting "an".
(2) Section 70A of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is further amended by adding immediately after subsection (1) the following subsection:
(a) all necessary consents for adoption have been obtained or have been ordered dispensed with pursuant to Section 75;
(b) a parent whose consent to the adoption has been obtained has, before giving the consent, received professional counselling by a person or a member of a class of persons approved for that purpose by the Minister;
(c) a social and medical history respecting the biological father and the biological mother has been prepared, if the biological father and the biological mother, or either of them, are known and available to a person or a member of a class of persons approved for that purpose by the Minister; and
(d) the person has been approved by an agency for the adoption of the child.
(3) Clause 70A(2)(a) of Chapter 5, as enacted by Chapter 10 of the Acts of 1996, is amended by striking out "a child-placing" in the first and second lines and substituting "an".
53 (1) Subsection 72(2) of Chapter 5 is amended by adding ", by marriage or common-law relationship" immediately after "wife" in the second and in the third lines.
(2) Subsection 72(3) of Chapter 5 is amended by adding ", by marriage or common-law relationship," immediately after "wife" in the first line.
(3) Subsection 72(4) of Chapter 5 is amended by
(a) adding ", by marriage or common-law relationship," immediately after "wife" in the first line; and
(b) striking out "legitimate parent" in the second line and substituting "father or mother".
54 (1) Clause 74(5)(a) of Chapter 5 is amended by striking out "a child-placing" in the second line and substituting "an".
(2) Subsection 74(9) of Chapter 5 is repealed.
(3) Subsection 74(12) of Chapter 5 is amended by striking out "Family Maintenance" in the second line and substituting "Maintenance and Custody".
55 Subsection 78(4) of Chapter 5 is amended by striking out "MicMac" in the second last line and substituting "Mi'kmaw".
56 Subsection 79(3) of Chapter 5 is amended by striking out "Family Maintenance" in the last line and substituting "Maintenance and Custody".
57 (1) Clause 80(1)(a) of Chapter 5 is amended by
(a) striking out "father and mother" in the third line and substituting "parents"; and
(b) striking out "in lawful wedlock" in the fourth and fifth lines.
(2) Subsection 80(2) of Chapter 5 is repealed and the following subsection substituted:
59 Section 88 of Chapter 5 is repealed and the following Section substituted:
(a) the child is residing with the person;
(b) the child is under the age of nineteen years; and
(c) an agency determines that the placement of the child with the person is in the child's best interests.
61 Section 95 of Chapter 5 is amended by striking out "court" in the first line and substituting "Provincial Court".
62 Section 98 of Chapter 5 is repealed and the following Section substituted:
(a) striking out the comma in the fourth line of clause (f) and substituting "and";
(b) striking out "and child-placing agencies" in the last line of clause (f);
(c) striking out the second comma in the second line of clause (g) and substituting "and";
(d) striking out "and child-placing agencies" in the third line of clause (g);
(e) adding "and foster parents" immediately after "homes" in the second line of clause (h);
(f) adding immediately after clause (i) the following clause:
(h) adding immediately after clause (s) the following clause:
(j) striking out "for employment purposes" in the second and third lines of clause (za).
(2) Subsection 99(1A) of Chapter 5 is repealed.
64 Sections 101 to 103 of Chapter 5 are repealed.
65 Sections 105 and 106 of Chapter 5 are repealed.
66 Any proceeding commenced pursuant to the Children and Family Services Act before the day on which this Act came into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with the Children and Family Services Act as it read immediately before that day, as though this Act had not come into force.
67 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created December 18, 2015. Send comments to legc.office@novascotia.ca.
