BILL NO. 202

(as passed, with amendments)

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

Government Bill

Children and Family Services Act
(amended)

CHAPTER 15 OF THE ACTS OF 2005

The Honourable David M. Morse
Minister of Community Services

First Reading: May 11, 2005 (LINK TO BILL AS INTRODUCED)

Second Reading: May 16, 2005

Third Reading: May 19, 2005 (WITH COMMITTEE AMENDMENTS)

Royal Assent: May 19, 2005

Be it enacted by the Governor and Assembly as follows:

1 Section 47 of Chapter 5 of the Acts of 1990, the Children and Family Services Act, as amended by Chapter 10 of the Acts of 1996, is further amended by adding immediately after subsection (7) the following subsection:

(8) At least thirty days prior to consenting to an order for adoption, the Minister shall inform any person who has been granted an order for access under subsection (2) of the Minister's intention to consent to the adoption.

2 (1) Subsection 48(4) of Chapter 5, 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.

3 Subsection 70(3) of Chapter 5 is repealed.

4 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).

5 Subsection 77(2) of Chapter 5 is repealed and the following subsection substituted: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

78A (1) For the purpose of this Section, "openness agreement" means an agreement f or 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

(c) a person who has established a relationship with the child.

(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.