Children and Family Services Act (amended)

BILL NO. 202

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Children and Family Services Act
(amended)

The Honourable David M. Morse
Minister of Community Services

First Reading: May 11, 2005

(Explanatory Notes)

Second Reading: May 16, 2005

Third Reading: May 19, 2005 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) adds that where a child has been placed, and is residing in the home of a person who has given notice of a proposed adoption, no application to vary or terminate access under an order for permanent care and custody may be made; and

(b) adds that, notwithstanding clause (a), an agency may, at any time, apply to vary or terminate access under an order for permanent care and custody.

Clause 2 repeals subsection 70(3). Clause 3 (a) adds that where a relative of a child is adopting the child, notice of the proposed adoption must be given to the Minister one month before the application to the court for the order for adoption; and

(b) limits the filing with the Minister of notice of the hearing of an application for adoption and a copy of the application for adoption before an order for adoption is made, to a child in permanent care and custody or a child that is the subject of an adoption agreement.

Clause 4 narrows the group of people for whom the Minister may make a recommendation to the court respecting adoption to children in permanent care and custody and a child that is the subject of an adoption agreement. Clause 5 provides that, where an order for adoption is made, an order for access terminates except where a court continues or varies an order for access. Clause 6 allows for an openness agreement to be entered into by an adopting parent or an adoptive parent and a person for the purpose of facilitating communication or a relationship with a child. Clause 7 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 48(4) of Chapter 5 of the Acts of 1990, the Children and Family Services Act, as enacted by Chapter 10 of the Acts of 1996, is amended by adding "or to vary or terminate access under such an order" immediately after "custody" in the fifth line.

(2) Subsection 48(5) of Chapter 5 is amended by

(a) striking out "Subject to" in the first line and substituting "Notwithstanding"; and

(b) adding "or to vary or terminate access under such an order" immediately after "custody" in the third line.

2 Subsection 70(3) of Chapter 5 is repealed. 3 Subsection 76(1) of Chapter 5, as amended by Chapter 10 of the Acts of 1996, is further amended by

(a) adding "or relative" immediately after "parent" in the last line of clause (a); and

(b) adding "with respect to a child in permanent care and custody or a child that is the subject of an adoption agreement" immediately after "it" in the third line of clause (b).

4 Subsection 77(2) of Chapter 5 is repealed and the following subsection substituted:

(2) Where the application is for the adoption of a child in permanent care and custody or a child that is the subject of an adoption agreement, the Minister may submit a written recommendation to the court respecting the adoption.

5 Section 78 of Chapter 5 is amended by adding immediately after subsection (4) the following subsections:

(5) Subject to subsection (6), where an order for adoption is made in respect of a child, any order for access to the child ceases to exist.

(6) Where an order for adoption is made in respect of a child, the court may, where it is in the best interests of the child, continue or vary an order for access or an access provision of an agreement that is registered as an order under the Maintenance and Custody Act in respect of that child.

6 Chapter 5 is further amended by adding immediately after Section 78 the following Section:

78A (1) For the purpose of this Section, "openness agreement" means an agreement for the purpose of facilitating communication with or maintaining a relationship with a child between an adopting parent or an adoptive parent and

(a) a relative of the child;

(b) an adopting parent or adoptive parent of a sibling of the child; or

(2) An openness agreement may

(a) only be made if consent to the adoption is given by

(i) the parent, or

(ii) the guardian who placed the child for adoption; and

(b) include a process to resolve disputes arising under the agreement.

(3) Where a child that is the subject of an openness agreement is

(a) twelve years of age or older, the child's views must be taken into account before an agreement is made; and

(b) less than twelve years of age, the child's views must, where it is appropriate, be taken into account before an agreement is made.

(4) An openness agreement does not affect the legal status of an order for adoption.

7 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 © 2005 Crown in right of Nova Scotia. Created May 26, 2005. Send comments to legc.office@novascotia.ca.

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