Mandating child life services
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PART I ADMINISTRATION Director of Child and Family Services 3 A Director of Child and Family Services shall be appointed as provided in The Civil Service Act. Directors to assist 4.1(5) Upon the appointment of an administrator, the directors or former directors must (a) immediately deliver to the administrator all of the agency's funds, and all books, records and documents respecting the management and activities of the agency; and (b) give the administrator all information and assistance required to enable the administrator to carry out and exercise his or her responsibilities, duties and powers.
In furtherance of these principles, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) In this Act "abuse" means an act or omission by any person where the act or omission results in (a) physical injury to the child, (b) emotional disability of a permanent nature in the child or is likely to result in such a disability, or (c) sexual exploitation of the child with or without the child's consent; (« mauvais traitements ») "agency" means a child and family services agency that is (a) a corporation without share capital mandated under subsection 6.1(1), (b) continued under section 6.2, (c) a regional office, or (d) Jewish Child and Family Service; (« office ») "authority" means a Child and Family Services Authority established in The Child and Family Services Authorities Act; (« régie ») "child" means a person under the age of majority; (« enfant ») "child care facility" means a foster home, a group home, a treatment centre, or any other place designated in the regulations as a child care facility; (« établissement d'aide à l'enfant ») "child pornography" means (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a child engaged in, or depicted as engaged in, explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a child or the anal region of a child, (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a child that would be an offence under the Criminal Code (Canada), (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada), or (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada); (« pornographie juvénile ») "children's advocate" means the Children's Advocate appointed under subsection 8.1(1) and includes a person appointed under subsection 8.1(9) to act as the Children's Advocate; (« protecteur des enfants ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait ») "court" means the Court of Queen's Bench of Manitoba (Family Division) or the Provincial Court (Family Division) in Part II, Part III other than in clauses 19(4)(a) and (a.1) and subsections 19(6) and (7), Part VI other than subsection 75(1.1), clauses 76(3)(a) and (b), 76(12)(a), 76(14)(a), and subsection 76(21), and in Part VII; and the Court of Queen's Bench of Manitoba (Family Division) in Part V; (« Cour ») "director" means the Director of Child and Family Services appointed under this Act; (« Directeur ») "family" means a child's parent, step-parent, siblings, grandparent, aunt, uncle, cousin, guardian, person in loco parentis to a child and a spouse or common-law partner of any of those persons; (« famille ») "foster home" means a home other than the home of the parent or guardian of a child, where not more than four children who are not siblings are placed by an agency for care and supervision but not for the purposes of adoption; (« foyer nourricier ») "foster parent" means a person operating a licensed foster home; (« parent nourricier ») "General Authority" means the General Authority established under The Child and Family Services Authorities Act; (« Régie générale ») "group home" means a home where ordinarily not fewer than five or more than eight children are placed by an agency for full time care and supervision; (« foyer de groupe ») "guardian" means a person other than a parent of a child who has been appointed guardian of the person of the child by a court of competent jurisdiction or to whom guardianship has been surrendered under section 16; (« tuteur ») "master" means a master as defined in The Court of Queen's Bench Act; (« conseiller-maître ») "minister" means the member of the executive council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "parent" means a biological or adoptive parent of a child and includes a person declared to be the parent of a child under Part II of The Family Maintenance Act; (« parent ») "place of safety" means any place used for the emergency temporary care and protection of a child as may be required under this Act and includes treatment centres; (« lieu sûr ») "prescribed" means prescribed by regulation; (« prescrit ») "record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« dossier ») "regional office" means a regional office of the department of the government for which the minister is responsible; (« bureau régional ») "registry" except in Part V, means the child abuse registry established and maintained under subsection 19.1(1); (« registre ») "reporting entity" means an organization, agency or person designated as a reporting entity by a regulation made under clause 86(w); (« entité compétente ») "treatment centre" means any place established or designated by the minister primarily for the care and treatment of more than 8 children and includes facilities operated by any government department for those purposes but does not include facilities for the reception and temporary detention of a child; (« centre de traitement ») "ward" means a child of whom the director or an agency is the guardian.
After that, all other relevant matters shall be considered, including (a) the child's opportunity to have a parent-child relationship as a wanted and needed member within a family structure; (b) the mental, emotional, physical and educational needs of the child and the appropriate care or treatment, or both, to meet such needs; (c) the child's mental, emotional and physical stage of development; (d) the child's sense of continuity and need for permanency with the least possible disruption; (e) the merits and the risks of any plan proposed by the agency that would be caring for the child compared with the merits and the risks of the child returning to or remaining within the family; (f) the views and preferences of the child where they can reasonably be ascertained; (g) the effect upon the child of any delay in the final disposition of the proceedings; and (h) the child's cultural, linguistic, racial and religious heritage.
Best interests 2(1) The best interests of the child shall be the paramount consideration of the director, an authority, the children's advocate, an agency and a court in all proceedings under this Act affecting a child, other than proceedings to determine whether a child is in need of protection, and in determining best interests the child's safety and security shall be the primary considerations.
(Assented to July 11, 1985) Declaration of Principles The Legislative Assembly of Manitoba hereby declares that the fundamental principles guiding the provision of services to children and families are: 1.
The safety, security and well-being of children and their best interests are fundamental responsibilities of society. The family is the basic unit of society and its well-being should be supported and preserved. The family is the basic source of care, nurture and acculturation of children and parents have the primary responsibility to ensure the well-being of their children. Families and children have the right to the least interference with their affairs to the extent compatible with the best interests of children and the responsibilities of society. Children have a right to a continuous family environment in which they can flourish. Families and children are entitled to be informed of their rights and to participate in the decisions affecting those rights. Families are entitled to receive preventive and supportive services directed to preserving the family unit. Families are entitled to services which respect their cultural and linguistic heritage. Decisions to place children should be based on the best interests of the child and not on the basis of the family's financial status. Communities have a responsibility to promote the best interests of their children and families and have the right to participate in services to their families and children. Indian bands are entitled to the provision of child and family services in a manner which respects their unique status as aboriginal peoples.
Rates payable to agencies or treatment centres 6.6(2) The minister may fix rates for services provided under this Act that shall be chargeable to and payable by the director to an agency or treatment centre.
Rates for services 6.6(1) The minister may fix rates payable for services provided under this Act. In that case, (a) as of the date specified in the resolution, the agency is no longer mandated to provide those services; (b) the authority shall ensure the transfer to another agency of all responsibilities, obligations and duties towards any child who is a ward of the agency or under apprehension by the agency or for whom the agency had undertaken to provide care and treatment; and (c) despite The Corporations Act or the provisions of the agency's articles of incorporation or by-laws, the assets and liabilities of the agency shall be assumed by the authority, unless there is an agreement between the authority and the agency to the contrary. Withdrawing mandate from an agency 6.5(1) An authority may, by resolution, withdraw from an agency its mandate to provide child and family services to persons for whom the authority is responsible to provide services. Effective date of order 6.6(3) The rates fixed under subsection (1) or (2) shall be effective on such date as may be fixed by the order of the minister which date may be retroactive. 6.6(4) Where a rate for a service under this Act has not been fixed by the minister or where emergency services are provided, the minister shall determine what is the reasonable amount to be paid. Directors cease to hold office 4.1(3) Unless the appointment order states otherwise, on the appointment of an administrator, the directors of the board of the agency cease to hold office and must cease to perform any duties or exercise any powers assigned to them under this or any other Act. Powers of administrator 4.1(2) Unless the appointment order states otherwise, and subject to the direction of the director, an administrator (a) has the exclusive right to exercise all the powers and authority of the agency and its board; (b) must carry out all of the responsibilities and duties of the agency and its board; and (c) is to be paid, out of the funds of the agency, the remuneration and expenses determined by the director. Director may appoint an administrator 4.1(1) The director may at any time, by order, appoint a person as administrator to act in the place of an agency and its board, if the director is of the opinion that (a) the agency or its board is not properly carrying out or exercising its responsibilities, duties or powers under this Act; or (b) the health and safety of children is threatened.