Foster Parent Appeals Regulation

Foster Parent Appeals Regulation, M.R. 185/2003 The Child and Family Services Act , C.C.S.M. c. C80 Regulation 185/2003 Registered November 10, 2003 bilingual version (HTML) Table of Contents Section 1 Definitions ROLE OF AGENCY AND AUTHORITY 2 Reasons to be given for removing child 3 Foster parents may request review by agency 4 Alternative dispute resolution 5 Review by agency 6 Reconsideration by authority 7-19 Repealed GENERAL PROVISIONS 20 Giving notices 21 Transitional 22 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Child and Family Services Act . («  Loi  ») "authority" means a Child and Family Services Authority established under The Child and Family Services Authorities Act . (« régie ») "foster parent" means a person operating a foster home licensed under the Foster Homes Licensing Regulation , Manitoba Regulation 18/99. (« parent nourricier ») M.R. 100/2024 DECISION TO REMOVE CHILD FROM FOSTER HOME Reasons for removing child to be given 2(1) If an agency decides to remove a child in its care from the foster parents with whom the child was placed under section 51 of the Act, the agency must, within two days after informing the foster parents of its decision to remove the child, give the foster parents written reasons for its decision. Notice to foster parents of right to appeal 2(2) At the same time the agency gives reasons to the foster parents, it must give them written notice of their right to (a) request the executive director of the agency to review the agency's decision under subsection 51(3) of the Act; and (b) request a reconsideration by the agency's authority under subsection 51(4) of the Act; (c) [repealed] M.R. 100/2024 . It must also give them a copy of this regulation. M.R. 25/2018 ; 100/2024 AGENCY REVIEW OF DECISION TO REMOVE CHILD Foster parents may request review 3(1) The foster parents may object to the agency's decision to remove a foster child by filing a written request for a review of the decision with the executive director of the agency. Time limit for filing request for review 3(2) The request must be filed within 12 days after the foster parents receive the reasons for the agency's decision under subsection 2(1). 3(3) [Repealed] M.R. 25/2018 M.R. 25/2018 Offer of alternative dispute resolution 4(1) Within seven days after receiving the foster parents' request, and before reviewing the agency's decision, the executive director must offer the parents, in writing, an alternative process to resolve their dispute with the agency. Time limit for accepting alternative process 4(1.1) The foster parents have up to 15 days from the day they receive the offer of an alternative process to advise whether they agree to the process. If alternative dispute resolution process accepted 4(2) If the foster parents agree to an alternative process to resolve the dispute, (a) the foster parents and the agency may resolve the dispute through that process; or (b) either party may, after attempting unsuccessfully to resolve the dispute through this process, advise the executive director accordingly. M.R. 25/2018 Review by executive director 5(1) The executive director of the agency must review the agency's decision to remove the foster child if (a) the foster parents advise that they do not agree to an alternative process to resolve the dispute; (b) either the foster parents or the agency advises that an alternative process was unsuccessful in resolving the dispute; or (c) the time period specified in subsection 4(1.1) expires without the foster parents having advised whether they agree to an alternative process to resolve the dispute. Documents considered 5(1.1) In reviewing the agency's decision to remove the foster child, the executive director must consider the following documents: (a) the foster's parents' written request for the review; (b) any other written information or records provided by the foster parents that relate to their request or to the decision to remove the child; and (c) any records in the custody of, or under the control of, the agency that are relevant to the decision to remove the foster child. Time limit for review by executive director 5(2) Within seven days after the requirement to review the agency's decision arises under subsection (1), the executive director of the agency must give a copy of his or her decision, with reasons, to (a) the foster parents; and (b) the authority that under Part I of the Act mandated the agency that made the decision to remove the child from the foster home. M.R. 25/2018 RECONSIDERATION OF DECISION BY AUTHORITY Reconsideration by authority 6(1) If the foster parents are not satisfied with the decision of the executive director of the agency, they may request the senior executive officer of the authority referred to in clause 5(2)⁠(b) to reconsider the matter. The request must be made in writing within seven days after the foster parents receive the executive director's decision. Advising agency of request 6(1.1) The senior executive officer of the authority must advise the executive director on receiving a request to reconsider the executive director's decision under subsection (1). Documents given to authority 6(2) Within seven days after being advised of a request for reconsideration, the executive director of the agency must give the senior executive officer of the authority copies of all documents referred to in subsection 5(1.1). Decision by authority 6(3) Within 30 days after receiving a request for reconsideration under subsection (1), the senior executive officer of the authority must (a) make a decision in accordance with subsection 51(4) of the Act; and (b) give a copy of the decision, with reasons, to the foster parents and the agency. M.R. 25/2018 7 [Repealed] M.R. 25/2018 ; 100/2024 8 and 9 [Repealed] M.R. 100/2024 10 [Repealed] M.R. 25/2018 ; 100/2024 11 to 14 [Repealed] M.R. 100/2024 15 [Repealed] M.R. 25/2018 ; 100/2024 16 and 17 [Repealed] M.R. 100/2024 18 [Repealed] M.R. 25/2018 ; 100/2024 19 [Repealed] M.R. 100/2024 GENERAL PROVISIONS Giving notices 20 A decision or other document required to be given to a person under this regulation is sufficiently given if it is (a) delivered personally; (b) sent by registered mail addressed to the person's last known address; or (c) sent by another method that provides the sender with confirmation of delivery. Transitional 21 Section 51 of the Act, as it read immediately before The Child and Family Services Authorities Act , S.M. 2002, c. 35 came into force, applies in respect of a child removed from a foster home before this regulation comes into force. Coming into force 22 This regulation comes into force on the day The Child and Family Services Authorities Act , S.M. 2002, c. 35 comes into force.