The Child and Family Services Act

The Child and Family Services Act, C.C.S.M. c. C80 (Assented to July 11, 1985) bilingual version (HTML) Table of Contents Section 1 Definitions PART I INTERPRETATION 2 Purpose of Act 2.1 Principle of the best interests of the child 2.2 Principle of substantive equality 2.3 Principle of Indigenous cultural continuity PART I.0.1 SERVICE DELIVERY 2.4 General principles 2.5 Preventive care 2.6 Prenatal care 2.7 Placement priority 2.8 Child 12 years of age to be advised 2.9 Notice to be provided re Indigenous child PART I.0.2 ADMINISTRATION 3 Director of Child and Family Services 4 Duties and powers of director 4.1 Director may appoint an administrator 5 Repealed 6 Renumbered as sections 6.6 and 7.1 6.1 Authority may mandate agencies 6.2-6.3 Repealed 6.4 Varying an agency's mandate 6.5 Withdrawing mandate from an agency 6.6 Rates for services 7 Duties of agencies 7.1 Repealed 8 Licences for child care facilities PART I.1 Repealed 8.1-8.14 Repealed PART I.2 CRITICAL INCIDENT REPORTING 8.15 Definitions 8.15.1 Application 8.16 General duty to report 8.17 Report — general rule 8.18 Agency's duty to inform authority and director 8.19 Critical incident reporting 8.20 Director's duty to inform agency and authority 8.21 Review of critical incident report 8.22 Report required despite other law 8.23 Retaliation prohibited PART II SERVICES TO FAMILIES 9 Services to families 10 Special needs services 11 Assistance to community groups 12 Day care service 13 Homemaker service 13.1 Family support agreements 13.2 Kinship care agreements 13.3 Customary care agreements 13.4 Voluntary care agreements 13.5 Common requirements for agreements 13.6 Application of Part III 14 Repealed 15 Agreements with minors valid and financial information 15.1 Confirmation of decision-making responsibility 16 Voluntary surrender of guardianship PART III CHILD PROTECTION 17 Child in need of protection 18 Reporting a child in need of protection 18.1 Protection of informant 18.2 Reports regarding professionals, etc. 18.3 Offences 18.4 Referral and investigation 18.5 Reference to child abuse committee 18.6 Director to investigate 18.7 Action by reporting entity re child sexual abuse and exploitation material report 19 Agency child abuse committees 19.1 Child abuse registry 19.2 Repealed 19.3 Confidentiality of registry information 19.4 Removal of information from registry 19.5 Repealed 20 Order not to contact child 21 Apprehension of child in need of protection 21.1 Apprehension of Indigenous child living with family 22 Child in care may be apprehended 23 Notification of agency 24 Notification of parents 25 Care during apprehension 26 Leaving child pending protection hearing 27 Application for protection hearing 28 Transfer to another court 29 Date when application returnable 30 Notice of hearing 31 Application to intervene 32 Particulars and King's Bench Rules 33 Presence of child at hearing 34 Right to counsel 35 Cross-examination of parents 36 Proceedings informal 37 Power of court 38 Orders of the judge 38.1 Joint orders prohibited 39 Access by parents 40 Further hearings after order 41 Extension of temporary guardianship 42 Child in care of agency that appears 43 Appeal from order of associate judge 44 Appeal from order of judge 45 Order of permanent guardianship 46 Family member assuming care 47 Repealed PART IV CHILDREN IN CARE 48 Authority of guardian 49 Transfer of guardianship and supervision 50 Termination of guardianship 50.1 Support after age of majority 51 Removal of child 52 Repealed 53 Apprehending a child who leaves placement 54 Review by director PART V Repealed 55-74 Repealed PART VI CONFIDENTIALITY 75 Confidentiality of proceedings 76 Access to records PART VI.1 INDIGENOUS GOVERNING BODIES AND INDIGENOUS SERVICE PROVIDERS DIVISION 1 — INTRODUCTORY PROVISIONS 76.1 Definitions 76.2 Purposes 76.3 Director's powers and duties re mandated agencies 76.4 Disclosing information to Indigenous child and family services DIVISION 2 — SHARING INFORMATION 76.5 Access to electronic information system 76.6 Public bodies and trustees may disclose information 76.7 Personal information and personal health information may be included 76.8 Adoption records remain confidential 76.9 Director may direct disclosure 76.10 Disclosure required under coordination agreement 76.11 Further use or disclosure by Indigenous governing body or Indigenous service provider 76.12 Information disclosed by Indigenous service provider to director, authority or agency 76.13 Application of section 85 DIVISION 3 — ACCESSING AND REPORTING NAMES FOR ENTRY IN THE CHILD ABUSE REGISTRY 76.14 Access to child abuse registry 76.15 Definition of "abuse" 76.16 Report of name for entry in registry 76.17 Objection to entry in registry 76.18 Entry in registry DIVISION 4 — TRANSFER OF GUARDIANSHIP OR SUPERVISION 76.19 Transfer of guardianship or supervision by director 76.20 Application to terminate permanent guardianship DIVISION 5 — TERMINATION OF SUPERVISION OR GUARDIANSHIP BY DIRECTOR 76.21 Termination of supervision or guardianship by director PART VII Repealed 77-81 Repealed PART VIII GENERAL 82 Foreign orders 83 Immigrant children 84 Sale of child — offence 85 Proceedings prohibited 86 Regulations 86.1 Conflict with The Freedom of Information and Protection of Privacy Act 87 Repeal of Child Welfare Act 88 Repealed 89 C.C.S.M. reference 90 Coming into force WHEREAS the safety, security and well-being of children is a sacred and collective responsibility; AND WHEREAS families and communities are essential to the well-being and safety of children; AND WHEREAS children thrive best with their families and communities and with ongoing connection with their cultural and linguistic heritage; AND WHEREAS preventive care to support families should be given priority over other more disruptive services and interventions, when consistent with the best interests of the child; AND WHEREAS children and families have a right to be informed and to participate when decisions are made affecting them; AND WHEREAS, with respect to Indigenous Peoples, being First Nations, Inuit and Métis, the government affirms concrete and constructive action is necessary for reconciliation; the government is committed to addressing the overrepresentation of Indigenous children in the child and family service system; the government is committed to addressing the legacy of residential schools and the harm and intergenerational trauma caused to Indigenous people by these and other colonial policies and practices; the government recognizes the importance of reuniting Indigenous children with their families and communities from whom they were separated and to restoring their sacred bond; the government recognizes the essential role Indigenous families and communities play in promoting the well-being of children and is committed to ensuring Indigenous children remain connected to their cultural and linguistic heritage; the government acknowledges and respects the inherent right of self-government of Indigenous Peoples, including jurisdiction for child and family services; recognizing the Calls to Action made by the Truth and Reconciliation Commission of Canada, the government is committed to working in a nation-to-nation relationship with Indigenous governments and in partnership with the federal government to address the needs of Indigenous children and to ensure services provided in relation to them are coordinated; S.M. 2008, c. 33, s. 1 ; S.M. 2022, c. 30, s. 2 ; S.M. 2024, c. 36, s. 2 and 3. THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: S.M. 2024, c. 36, s. 4 . 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 ») "Advocate" means the Advocate appointed under The Advocate for Children and Youth Act ; (« protecteur ») "agency" means a child and family services agency that is (a) a corporation without share capital mandated under subsection 6.1(1), (b) [repealed] S.M. 2024, c. 36, s. 5 ; (c) a regional office mandated under subsection 6.1(1) as authorized by subsection 6.1(2), or (d) Jewish Child and Family Service; (« office ») "associate judge" means an associate judge as defined in The Court of King's Bench Act ; (« juge adjoint ») "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 and family services" means services to support children and families, including prevention services, early intervention services and child protection services; (« services à l'enfant et à la famille ») "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 sexual abuse and exploitation material" 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); (« matériel d'abus et d'exploitation pédosexuels ») "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 ») "conveyance" includes (a) a motor vehicle or trailer as defined in subsection 1(1) of The Highway Traffic Act , (b) an off-road vehicle as defined in The Off-Road Vehicles Act , (c) a vessel as defined in the Canada Shipping Act, 2001 (Canada), and (d) an aircraft; (« moyen de transport ») "court" means the Court of King'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); (« Cour ») "customary care" means care provided to an Indigenous child in a way that recognizes and reflects the unique customs of the child's Indigenous community; (« soins conformes aux traditions ») "customary care agreement" means an agreement that meets the requirements of section 13.3; (« entente de soins conformes aux traditions ») "customary caregiver" means a person, other than the Indigenous child's parent or guardian, who has entered into a customary care agreement that provides for a child to reside with the person; (« personne offrant des soins conformes aux traditions ») "customary care home" means a home or other place where one or more Indigenous children reside with a customary caregiver under a customary care agreement; (« foyer offrant des soins conformes aux traditions ») "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 ») "family support agreement" means an agreement that meets the requirements of section 13.1; (« entente de soutien familial ») "federal Act" means An Act respecting First Nations, Inuit and Métis children, youth and families (Canada); (« loi fédérale ») "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 ») "Indigenous" includes First Nation, Métis and Inuit; (« autochtone ») "Indigenous governing body" means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 ; (« corps dirigeant autochtone ») "Indigenous law" means (a) a law in respect of which information has been posted on a website in accordance with paragraph 25(c) of the federal Act, or (b) a publicly available law respecting child and family services enacted by an Indigenous governing body under a self-governance agreement that has been approved, given effect and declared valid by an Act of the Legislature; (« texte autochtone ») "Indigenous service provider" means a person or entity acting under an Indigenous law to provide child and family services; (« fournisseur de services autochtone ») "kinship care" means care provided under a kinship care agreement within the child's community with the participation of the child's family or persons who have significant relationships with the child or with the child's parent or guardian; (« soins offerts par un membre de la famille élargie ») "kinship care agreement" means an agreement that meets the requirements of section 13.2; (« entente de soins offerts par un membre de la famille élargie ») "kinship caregiver" means a person, other than the child's parent or guardian, who has entered into a kinship care agreement that provides for a child to reside with the person; (« membre de la famille élargie offrant des soins ») "kinship care home" means a home or other place where one or more children reside with a kinship caregiver under a kinship care agreement; (« foyer d'un membre de la famille élargie offrant des soins ») "mandating authority" means, in relation to an agency, the authority that has mandated the agency under section 6.1; (« régie habilitante ») "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 parent under Part 2 of The Family Law Act or an adoptive parent; (« parent ») "personal health information" has the same meaning as in The Personal Health Information Act ; (« renseignements médicaux personnels ») "personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act ; (« renseignements personnels ») "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" 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; (« pupille ») "young adult" means a person 18 years of age or older but under 21 years of age. («  jeune adulte  ») Registered common-law relationship 1(2) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence. S.M. 1989-90, c. 3, s. 2 ; S.M. 1992, c. 28, s. 2 ; S.M. 1996, c. 4, s. 2 ; S.M. 1997, c. 48, s. 2 ; S.M. 1998, c. 6, s. 2 ; S.M. 2002, c. 24, s. 10 ; S.M. 2002, c. 35, s. 33 ; S.M. 2002, c. 48, s. 28 ; S.M. 2008, c. 9, s. 2 ; S.M. 2014, c. 33, s. 2 ; S.M. 2017, c. 8, s. 44 ; S.M. 2021, c. 4, s. 6 ; S.M. 2021, c. 63, s. 13 ; S.M. 2022, c. 15, Sch. A, s. 106 ; S.M. 2022, c. 30, s. 3 ; S.M. 2022, c. 43, Sch. B, s. 2 ; S.M. 2023, c. 26, s. 2 ; S.M. 2023, c. 34, s. 50 ; S.M. 2024, c. 36, s. 5 ; S.M. 2026, c. 29, s. 2 ; S.M. 2026, c. 37, s. 9 . PART I INTERPRETATION Purpose of Act 2 The purpose of this Act is to support the safety, security and well-being of children through the provision of services that are designed to preserve, sustain and restore families in the least disruptive manner possible. S.M. 1992, c. 28, s. 3 ; S.M. 1997, c. 48, s. 3 ; S.M. 2002, c. 35, s. 33 ; S.M. 2008, c. 33, s. 1 ; S.M. 2017, c. 8, s. 44 ; S.M. 2023, c. 26, s. 3 . Principle of the best interests of the child 2.1(1) This Act is to be interpreted and administered in accordance with the principle of the best interests of the child. Primary consideration for provision of services 2.1(2) The best interests of the child must be a primary consideration in making decisions or taking of actions in the context of the provision of child and family services. Paramount consideration for apprehension 2.1(3) The best interests of the child must be the paramount consideration in making decisions or taking of actions related to the apprehension of a child. Factors to be considered 2.1(4) When the best interests of a child are being considered, primary consideration must be given to the child's physical, emotional and psychological safety, security and well-being, as well as to the importance, for that child, (a) of having an ongoing relationship with their family; (b) if the child is Indigenous, of having an ongoing relationship with the Indigenous group, community or people to which the child belongs; and (c) of preserving the child's connections to their culture. Other factors for consideration 2.1(5) When the best interests of a child are being considered, all factors related to the circumstances of the child must be considered, including (a) the child's cultural, linguistic, religious and spiritual upbringing and heritage; (b) the child's needs, given the child's age and stage of development, such as the child's need for stability; (c) the nature and strength of the child's relationship with their parent, their guardian, the person with primary responsibility for the child's day-to-day care and any member of the child's family who plays an important role in their life; (d) if the child is Indigenous, the importance to the child of preserving the child's cultural identity and connections to the language and territory of the Indigenous group, community or people to which the child belongs; (e) if the child is not Indigenous, the importance to the child of preserving the child's cultural identity and connections to the child's language and to the child's ethnic or cultural community; (f) the child's views and preferences, giving due weight to the child's age and maturity, unless they cannot be ascertained; (g) if the child is Indigenous, any plans for the child's care, including care in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs; (h) if the child is not Indigenous, any plans for the child's care, including care in accordance with the customs or traditions of the child's ethnic or cultural community; (i) any family violence and its impact on the child, including whether the child is directly or indirectly exposed to the family violence as well as the physical, emotional and psychological harm or risk of harm to the child; and (j) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child. S.M. 2023, c. 26, s. 3 . Principle of substantive equality 2.2 This Act is to be interpreted and administered in accordance with the principle of substantive equality as reflected in the following concepts: (a) the rights and distinct needs of a child with a disability are to be considered in order to promote the child's participation, to the same extent as other children, in the activities of their family or the group, community or people to which the child belongs; (b) a child must be able to exercise their rights under this Act, including the right to have their views and preferences considered in decisions that affect them, and the child must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (c) a child's family member must be able to exercise their rights, including the right of an Indigenous child's family to have their views and preferences considered in decisions that affect them, and the family member must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (d) if the child is Indigenous, the Indigenous governing body acting on behalf of the Indigenous group, community or people to which the child belongs must be able to exercise without discrimination the rights of the Indigenous group, community or people, including the right to have the views and preferences of the Indigenous group, community or people considered in decisions that affect that Indigenous group, community or people; (e) in order to promote substantive equality between Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children. S.M. 2023, c. 26, s. 3 . Principle of Indigenous cultural continuity 2.3 In the context of providing child and family services in relation to an Indigenous child, this Act is to be interpreted and administered in accordance with the principle of Indigenous cultural continuity as reflected in the following concepts: (a) cultural continuity is essential to the well-being of an Indigenous child, the child's family and their Indigenous group, community or people; (b) the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of an Indigenous group, community or people is integral to cultural continuity; (c) an Indigenous child's best interests are often promoted when the child resides with members of their family and the culture of the Indigenous group, community or people to which the child belongs is respected; (d) child and family services are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which an Indigenous child belongs or to the destruction of the culture of that group, community or people; (e) the characteristics and challenges of the region in which an Indigenous child, their family or an Indigenous group, community or people is located are to be considered. S.M. 2023, c. 26, s. 3 . PART I.0.1 SERVICE DELIVERY General principles 2.4 Services under this Act are to be provided in a manner that (a) takes into account the child's needs, including with respect to the child's physical, emotional and psychological safety, security and well-being; (b) takes into account the child's ethnicity and culture; (c) allows the child to know their family origins; and (d) promotes substantive equality between the child and other children. S.M. 2023, c. 26, s. 3 . Preventive care 2.5 In the context of providing child and family services in relation to a child, to the extent that providing a service that promotes preventive care to support the child's family is consistent with the best interests of the child, the provision of that service is to be given priority over other services. S.M. 2023, c. 26, s. 3 . Prenatal care 2.6 To the extent that providing a prenatal service that promotes preventive care is consistent with what will likely be in the best interests of a child after the child is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child's birth. S.M. 2023, c. 26, s. 3 . Placement priority 2.7(1) The placement of a child in the context of providing child and family services in relation to the child, to the extent that it is consistent with the best interests of the child, is to occur in the following order of priority: (a) with one of the child's parents; (b) with another adult member of the child's family; (c) if the child is Indigenous, with an adult who belongs to the same Indigenous group, community or people as the child; (d) if the child is Indigenous, with an adult who belongs to an Indigenous group, community or people other than the one to which the child belongs; (e) if the child is not Indigenous, with an adult who belongs to the same ethnic or cultural community as the child; (f) with any other adult. Placement with or near other children 2.7(2) When the order of priority set out in subsection (1) is being applied, the possibility of placing the child with or near children who have the same parent as the child, or who are otherwise members of the child's family, must be considered in the determination of whether a placement would be consistent with the best interests of the child. Customs and traditions 2.7(3) The placement of a child under subsection (1) must take into account the following: (a) if the child is Indigenous, the customs and traditions of the Indigenous group, community or people to which the child belongs, such as with regard to customary adoption; (b) if the child is not Indigenous, the customs and traditions of the child's ethnic or cultural community. Family unity 2.7(4) In the context of providing child and family services in relation to a child, there must be a reassessment, conducted on an ongoing basis, of whether it would be appropriate to place the child with (a) a person referred to in clause (1)⁠(a), if the child does not reside with such a person; or (b) a person referred to in clause (1)⁠(b), if the child does not reside with such a person and unless the child resides with a person referred to in clause (1)⁠(a). Attachment and emotional ties 2.7(5) In the context of providing child and family services in relation to a child, if the child is not placed with a member of their family in accordance with clause (1)⁠(a) or (b), to the extent that doing so is consistent with the best interests of the child, the child's attachment and emotional ties to each such member of their family are to be promoted. Interpretation — "family" 2.7(6) In this section, "family" means family as defined in subsection 1(1) and includes a person whom the child or the child's parent or guardian considers to be a close relative and, if the child is Indigenous, whom the child's Indigenous group, community or people considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child. S.M. 2023, c. 26, s. 3 . Child 12 years of age to be advised 2.8(1) In any court proceeding under this Act, a child 12 years of age or older is entitled to be advised of the proceedings and of their possible implications for the child and the child shall be given an opportunity to make their views and preferences known to a judge or an associate judge making a decision in the proceedings. Child's views may be considered 2.8(2) In any court proceeding under this Act, a judge or an associate judge who is satisfied that a child less than 12 years of age is able to understand the nature of the proceedings and is of the opinion that it would not be harmful to the child, may consider the views and preferences of the child. S.M. 2023, c. 26, s. 3 ; S.M. 2024, c. 9, s. 43 . Notice to be provided re Indigenous child 2.9(1) In the context of providing child and family services in relation to an Indigenous child, to the extent that doing so is consistent with the best interests of the child, before taking any significant measure in relation to the child, the agency must provide notice of the measure to (a) the child's parent and the care provider; and (b) the Indigenous governing body that acts on behalf of the Indigenous group, community or people to which the child belongs and that has informed the agency that they are acting on behalf of that Indigenous group, community or people. Representation and party status 2.9(2) In the context of a civil proceeding in respect of the provision of child and family services in relation to an Indigenous child, (a) the child's parent and the care provider have the right to make representations and to have party status; and (b) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which the child belongs has the right to make representations. Definition — "care provider" 2.9(3) In this section, "care provider" means a person who has primary responsibility for providing the day-to-day care of the child, other than the child's parent, including in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs, but does not include a foster parent. S.M. 2023, c. 26, s. 3 . PART I.0.2 ADMINISTRATION Director of Child and Family Services 3 A Director of Child and Family Services shall be appointed under Part 3 of The Public Service Act . S.M. 2021, c. 11, s. 65 . Duties of director 4(1) Under the control and direction of the minister, the director shall (a) administer and enforce the provisions of this Act; (b) advise the minister on matters relating to child and family services; (b.1) in accordance with the regulations, license child care facilities other than foster homes and hear and decide appeals from agencies with respect to the licensing of foster homes; (c) advise agencies; (d) ensure the development and establishment of standards of services and practices and procedures to be followed where services are provided to children and families, including standards, practices and procedures relating to a child's safety and security that must include (i) assessing risks to a child's life, health or emotional well-being in the child's present circumstances or any proposed placement, and (ii) determining the nature and frequency of contact that an agency should have with a child to ensure that the child is safe and secure and receiving appropriate services; (e) ensure that agencies are providing the standard of services and are following the procedures and practices established pursuant to clause (d) and by the provisions of this Act and the regulations; (f) receive and hear complaints from any person affected by the administrative actions of an agency; (g) exercise the powers and duties of an agency in any area in which no agency is functioning; (h) supervise or direct the supervision of children in care, and receive and disburse moneys payable for their maintenance; (h.1) receive and disburse moneys in respect of agreements made under Part II, including moneys payable for the maintenance of a child; (i) protect children in need of protection; (j) ensure the development of appropriate placement resources for children; (k) submit a yearly budget for the child and family services system and keep books of account of all moneys received and disbursed by the director; (l) prepare and submit an annual report to the minister; (l.1) communicate to authorities the primary importance of a child's safety and security in the provision of child and family services and monitor the oversight provided by authorities of agencies in this regard; (m) perform such other duties as may be prescribed by this Act, by the regulations, or as may be required by the minister. Duties of director — Indigenous jurisdiction 4(1.1) Under the control and direction of the minister, the director must also (a) facilitate and support the transition of child and family services provided in relation to Indigenous children and families to Indigenous service providers; (b) facilitate and support the coordination of child and family services delivered under this Act with services delivered under Indigenous law; and (c) facilitate and support the sharing of information with Indigenous governing bodies and Indigenous service providers, as set out in Part VI.1. Powers of director 4(2) For the purpose of carrying out the provisions of this Act, the director may (a) enter and inspect the premises of an agency, a child care facility or other place where a child is placed under this Act; (b) inspect and obtain a copy of any record, paper or thing, or a sample of any material, food, medication, or thing that, in the opinion of the director, relates to an agency, a child, a child care facility, or to any matter being investigated by the director and that is in the possession or under the control of an agency or a person in charge of any place mentioned in clause (a); (b.1) require any person who in the opinion of the director is able to give information relating to any matter being investigated by the director (i) to furnish information to the director, and (ii) to produce and permit the director to make a copy of any record, paper, or thing that, in the opinion of the director, relates to the matter being investigated and that may be in the possession or under the control of the person, but nothing in this clause abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client; (b.2) do any thing in relation to the licensing of child care facilities other than foster homes and the hearing and determination of appeals from agencies concerning the licensing of foster homes that may be prescribed by the regulations or otherwise considered necessary; (c) conduct enquiries and carry out investigations with respect to the welfare of any child dealt with under this Act; (d) establish procedures to hear complaints under this Act; (e) solicit, accept and review reports from individuals or organizations concerned or involved with the welfare of children, families, or both; (f) designate in writing a place or type of places as a place of safety for the purposes of this Act; (g) issue a written directive to an agency; (h) do any other thing in accordance with the provisions of this Act that the minister may require. Proceedings re furnishing information prohibited 4(2.1) No proceedings lie against a person by reason of the person's compliance with a requirement of the director to furnish information or produce any record, paper or thing, or by reason of answering any question in an investigation by the director. Delegation by director 4(3) The director may, in writing, authorize a person or an agency to perform any of the director's duties or exercise any of the director's powers and may pay reasonable fees and out-of-pocket expenses therefor. S.M. 1997, c. 48, s. 4 ; S.M. 2008, c. 33, s. 1 ; S.M. 2023, c. 26, s. 5 ; S.M. 2024, c. 36, s. 6 . 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. 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. 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. Directors may continue to act 4.1(4) If the appointment order states that some or all of the directors continue to have the right to act respecting a matter, any such act of the directors is valid only if approved by the administrator. 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 the administrator's responsibilities, duties and powers. Termination of appointment 4.1(6) When the director is of the opinion that an administrator is no longer required, the director shall terminate the administrator's appointment on any terms and conditions the director considers advisable. Corporations Act, by-laws and articles not applicable 4.1(7) This section applies despite The Corporations Act or the articles of incorporation or bylaws of an agency. S.M. 2002, c. 35, s. 33 ; S.M. 2023, c. 26, s. 6 . 5 [Repealed] S.M. 2002, c. 35, s. 33 . 6(1) to (12) [Repealed] S.M. 2002, c. 35, s. 33 . 6(13) [Renumbered as section 7.1] 6(14) to (17) [Repealed] S.M. 2002, c. 35, s. 33 . 6(18) to (21) [Renumbered as subsections 6.6(1) to (4)] S.M. 1986-87, c. 19, s. 8 ; S.M. 1997, c. 47, s. 131 ; S.M. 2002, c. 35, s. 33 . Authority may mandate agencies 6.1(1) An authority may, by resolution, mandate a corporation without share capital as an agency for the purpose of providing child and family services under this Act or services under The Adoption Act to persons for whom the authority is responsible to provide services under section 17 of The Child and Family Services Authorities Act , if the authority is satisfied that the corporation meets the standards established by the minister. Mandating a regional office 6.1(2) The General Authority may mandate a regional office as an agency under subsection (1) even though it is not a corporation without share capital. Contents of mandate 6.1(3) A resolution by an authority mandating an agency must state (a) the proposed name of the agency; and (b) whether the services are to be provided throughout Manitoba or, if not, the geographic region in which they are to be provided. Notice to minister of mandate 6.1(4) When an authority mandates an agency, the authority shall give written notice of the mandate to the minister in a form acceptable to the minister. Regulation by minister setting out agency's mandate 6.1(5) On receiving notice from an authority, the minister shall, without delay, make a regulation setting out the mandate of the agency in accordance with the notice given by the authority. S.M. 2002, c. 35, s. 33 ; S.M. 2024, c. 36, s. 7 . 6.2 [Repealed] S.M. 2002, c. 35, s. 33 ; S.M. 2004, c. 42, s. 11 ; S.M. 2024, c. 36, s. 8 . 6.3 [Repealed] S.M. 2002, c. 35, s. 33 ; S.M. 2024, c. 36, s. 8 . Varying an agency's mandate 6.4(1) An authority may, by resolution, change an agency's name or vary the geographic region in which it provides services. Regulation amended if mandate varied 6.4(2) If an authority varies the mandate of an agency, (a) the authority shall give the minister written notice of the variation in a form acceptable to the minister; and (b) the minister shall, without delay, amend the regulation respecting agencies accordingly. S.M. 2002, c. 35, s. 33 . 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. 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. Regulation amended if mandate withdrawn 6.5(2) If an authority withdraws the mandate of an agency, (a) the authority shall give the minister written notice that the mandate has been withdrawn in a form acceptable to the minister; and (b) the minister shall, without delay, amend the regulation respecting agencies accordingly. S.M. 2002, c. 35, s. 33 . Rates for services 6.6(1) The minister may fix rates payable for services provided under this Act. 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. 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. Emergency services, etc. 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. S.M. 1986-87, c. 19, s. 8 ; S.M. 1997, c. 47, s. 131 ; S.M. 2002, c. 35, s. 33 ; S.M. 2004, c. 42, s. 11 . Duties of agencies 7(1) According to standards established by the director and subject to the authority of the director every agency shall: (a) work with other human service systems to resolve problems in the social and community environment likely to place children and families at risk; (b) provide family counselling, guidance and other services to families for the prevention of circumstances requiring the placement of children in protective care or in treatment programs; (c) provide family guidance, counselling, supervision and other services to families for the protection of children; (d) investigate allegations or evidence that children may be in need of protection; (e) protect children; (f) develop and provide services which will assist families in re-establishing their ability to care for their children; (g) provide care for children in its care; (h) develop permanency plans for all children in its care with a view to establishing a normal family life for these children; (i) provide adoption services under The Adoption Act ; (j) provide post-adoption services to families and adults under The Adoption Act ; (k) provide parenting education and other supportive services and assistance to children who are parents, with a view to ensuring a stable and workable plan for them and their children; (l) develop and maintain child care resources; (l.1) further the provision of kinship care to children served by the agency; (l.2) further the provision of customary care to Indigenous children served by the agency; (m) provide services which respect the cultural and linguistic heritage of families and children; (n) provide such reports as the director may require; (o) take reasonable measures to make known in the community the services the agency provides; (p) conform to a written directive of the director; (q) maintain such records as are required for the administration or enforcement of any provision of this Act or The Adoption Act or the regulations; (r) provide any other services and perform any other duties given to it by this Act or The Adoption Act , or by the director in accordance with this Act or The Adoption Act . Duties of agencies — Indigenous jurisdiction 7(1.1) According to standards established by the director and subject to the authority of the director, every agency must also (a) work cooperatively with Indigenous service providers to facilitate the transition of child and family services provided in relation to Indigenous children and families; (b) facilitate and support the coordination of child and family services delivered under this Act with services delivered under Indigenous law; and (c) facilitate and support the sharing of information with Indigenous governing bodies and Indigenous service providers, as set out in Part VI.1. Director party to court proceedings 7(2) In all court proceedings brought by or against an agency which is a regional office, the director shall be named the party to the proceedings and any order shall also be in the name of the director. S.M. 1997, c. 47, s. 131 ; S.M. 2023, c. 26, s. 7 ; S.M. 2024, c. 36, s. 9 . 7.1 [Repealed] S.M. 1986-87, c. 19, s. 8 ; S.M. 1997, c. 47, s. 131 ; S.M. 2002, c. 35, s. 33 ; S.M. 2024, c. 36, s. 10 . Licence required for foster home 8(1) No person shall operate a foster home without a licence for the purpose from an agency issued in accordance with the regulations. Appeal to director 8(2) A person who is refused a foster home licence or whose licence is suspended, cancelled or not renewed by an agency may, within 10 days after receiving notice of the refusal, suspension, cancellation or non-renewal, appeal the matter to the director. Action by director 8(3) On receiving notice of an appeal under subsection (2), the director shall, within 30 days, consider the matter and in writing advise the appellant of the director's decision. Licence required for other child care facility 8(4) No person shall operate a child care facility other than a foster home without a licence for the purpose from the director issued in accordance with the regulations.

Appeal to Social Services Appeal Board 8(5) A person who is refused a licence for the operation of a child care facility other than a foster home or whose licence is suspended, cancelled or not renewed by the director may appeal the decision to the Social Services Appeal Board by filing a written notice of appeal with the appeal board in accordance with The Social Services Appeal Board Act . Social Services Appeal Board Act applies 8(6) The provisions of The Social Services Appeal Board Act apply with respect to an appeal under subsection (5). 8(7) [Repealed] S.M. 2024, c. 36, s. 11 . Appointment of provisional administrator 8(8) The director may, by written order, appoint a provisional administrator of a child care facility other than a foster home if the operator's licence in respect of the facility has expired or is suspended or cancelled. Powers of provisional administrator 8(9) On the appointment of a provisional administrator under subsection (8), the rights of the operator of the child care facility with respect to the operation of the facility are suspended and the provisional administrator has all the powers, duties, privileges and authority of the operator for the purpose of carrying on the operation of the child care facility and (a) may enter, and authorize others to enter the child care facility for the purpose of carrying on its operation; (b) may name persons to assist in the operation of the child care facility; and (c) shall have the use of all the moneys, books and records of the operator of the child care facility that pertain to its operation. Expenses of provisional administration 8(10) Where a provisional administrator is appointed under subsection (8), the expenses of the provisional administration of the child care facility, including reasonable remuneration of the provisional administrator and staff employed by the provisional administrator for the purpose of carrying on the operation of the child care facility, shall, as far as possible, be paid from the funds of the former operator of the child care facility pertaining to its operation and, where the provisional administrator or any of the staff employed by the provisional administrator to carry on the operation of the child care facility are paid from the Consolidated Fund, the government may recover the amount of salary or wages paid to them from the former operator of the child care facility in a court of competent jurisdiction. Offence and penalty 8(11) Every person who contravenes subsection (1) or (4) is guilty of an offence and liable, on summary conviction, to a fine of not more than $1,000. Continuing offence 8(12) Where a contravention referred to in subsection (11) continues for more than one day, the person is guilty of a separate offence for each day that the contravention continues. S.M. 1997, c. 48, s. 5 ; S.M. 2017, c. 26, s. 4 ; S.M. 2023, c. 26, s. 8 ; S.M. 2024, c. 36, s. 11 . PART I.1 8.1 to 8.14 [Repealed] S.M. 1992, c. 28, s. 4 ; S.M. 1997, c. 47, s. 131 ; S.M. 1998, c. 6, s. 3 , 5, 6 and 8 to 11; S.M. 2002, c. 35, s. 33 ; S.M. 2004, c. 42, s. 98 ; S.M. 2007, c. 14, s. 1 ; S.M. 2010, c. 34, s. 2 ; S.M. 2015, c. 14, s. 2 ; S.M. 2017, c. 8, s. 44 ; S.M. 2017, c. 26, s. 34 . PART I.2 CRITICAL INCIDENT REPORTING Definitions 8.15 The following definitions apply in this Part. "critical incident" means an incident that has resulted in the death or serious injury of (a) a child who was in the care of or received services from an agency at any time within one year before the death or serious injury; (b) a child whose parent or guardian received services from an agency at any time within one year before the death or serious injury; or (c) a young adult who received services from an agency at any time within one year before the death or serious injury. (« incident critique ») "critical incident report" means a critical incident report required under section 8.16. (« signalement d'un incident critique ») S.M. 2014, c. 33, s. 3 ; S.M. 2023, c. 26, s. 9 ; S.M. 2024, c. 36, s. 12 ; S.M. 2026, c. 29, s. 3 . Application 8.15.1 This Part does not apply to a critical incident resulting in the death or serious injury of an Indigenous child or young adult if, at the time of the death or serious injury, an Indigenous law governed the provision of child and family services in relation to the child or young adult. S.M. 2023, c. 26, s. 10 . DUTY TO REPORT General duty to report 8.16 A person who provides work or services to an agency or authority — whether as an employee, volunteer, student trainee, foster parent, operator of a child care facility or in any other capacity — or who provides care, supports or services under a family support agreement, kinship care agreement or customary care agreement must report a critical incident that they reasonably believe has occurred in any place, including a place of safety. The report must be made in accordance with this Part. S.M. 2014, c. 33, s. 3 ; S.M. 2023, c. 26, s. 11 . Report — general rule 8.17(1) Subject to this section, a person who has a duty to report a critical incident under section 8.16 must report the incident (a) to the agency that was responsible for the care of the child or that provided services to the child or the child's parent or guardian or to the young adult; or (b) if the person does not know the agency involved, to the director. Report by foster parent 8.17(2) A foster parent who has a duty to report a critical incident under section 8.16 respecting a child placed in the foster home must report the incident to (a) the agency that licensed the foster home; and (b) the agency that placed the child in the home. Report by child care facility operator 8.17(3) The operator of a child care facility, other than a foster home, who has a duty to report a critical incident under section 8.16 respecting a child placed in the facility must report the incident to (a) the agency that placed the child in the child care facility; and (b) the director. Report by person providing care, supports or services under agreement 8.17(4) A person who has a duty to report a critical incident under section 8.16 respecting a child who is the subject of a family support, kinship care or customary care agreement under which the person provides care, supports or services must report the incident (a) to the agency that is a party to the agreement; or (b) if the person does not know the agency involved, to the director. S.M. 2014, c. 33, s. 3 ; S.M. 2023, c. 26, s. 12 ; S.M. 2024, c. 36, s. 13 . Agency's duty to inform authority and director 8.18 An agency that receives a critical incident report under section 8.17 must report the critical incident to (a) the agency's mandating authority; and (b) the director. S.M. 2014, c. 33, s. 3 . CRITICAL INCIDENT REPORTING Timing of critical incident report 8.19(1) A person required to report a critical incident under section 8.17 must report the critical incident without delay, but in any event not later than the applicable time period set out in the regulations. Content of critical incident report 8.19(2) A critical incident report must include the information required by the regulations. Application to agencies 8.19(3) This section applies, with necessary changes, to an agency required to report a critical incident under section 8.18. S.M. 2014, c. 33, s. 3 . Director's duty to inform agency and authority 8.20 When the director receives a critical incident report that has not been provided to the appropriate agency or mandating authority, the director must forward a copy to them without delay. S.M. 2014, c. 33, s. 3 . Review of critical incident report 8.21 Upon receiving a critical incident report, the director must review the matter and may, as needed and as determined by the director, investigate the incident further. The director may make any recommendations about the incident to the minister that the director considers necessary or advisable. S.M. 2014, c. 33, s. 3 . GENERAL PROVISIONS Report required despite other law 8.22 Despite section 18 of The Child and Family Services Authorities Act and the regulations made under clause 31(1)⁠(d) of that Act, an agency must provide a critical incident report to the director in accordance with this Part. S.M. 2014, c. 33, s. 3 . Retaliation prohibited 8.23 No employer or other person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage a person for making a critical incident report. S.M. 2014, c. 33, s. 3 . PART II SERVICES TO FAMILIES Services to families 9(1) A member of a family may apply to an agency for and may receive from the agency counselling, guidance, supportive, educational and emergency shelter services, including related financial or material assistance, in order to aid in the resolution of family matters which if unresolved may create an environment not suitable for normal child development or in which a child may be at risk of abuse. Services to minor parent 9(2) An agency on application by a minor parent shall provide services under this Part to establish a plan which is in the best interests of the parent and child. Information to minor parents 9(3) An agency shall work with other interested professionals and institutions to ensure that minor parents are informed of services which are available to them. 9(4) [Repealed] S.M. 2024, c. 36, s. 14 . S.M. 2020, c. 21, s. 232 ; S.M. 2024, c. 36, s. 14 . Special needs services 10(1) An agency may provide or purchase such prescribed supportive and treatment services as may be required to prevent family disruption or restore family functioning. Emergency assistance 10(2) An agency may provide prescribed emergency financial and material assistance to prevent family disruption. Assistance to community groups 11(1) Any interested community group or individual may apply to an agency for assistance in resolving community problems which are affecting the ability of families to care adequately for their children. Programs for volunteers 11(2) An agency may establish service programs to facilitate the participation of volunteers in the provision of ongoing services. Day care service 12 Where it appears to an agency that a child is in need of care outside the home for varying periods of time during the day, the agency may, by agreement with the parent or guardian of the child, place the child in a day care facility licensed under The Community Child Care Standards Act or obtain a suitable alternative. S.M. 2004, c. 42, s. 11 ; S.M. 2019, c. 11, s. 3 . Homemaker service 13(1) Where it appears that there is temporarily no person able to care for a child in the child's home and the child needs such care, and agency may (a) with the consent of the parent or guardian; or (b) in the absence of the parent or guardian; place a homemaker in the home to care for the child during that temporary period. Notification of parent 13(2) Where an agency has placed a homemaker under clause (1)⁠(b) the agency shall (a) forthwith attempt to notify the parent or guardian of the child of the placement; and (b) where no person able to look after and care for the child in the home has been found, after the expiration of 7 days from the date of placement of the homemaker, proceed under Part III. Rights and responsibilities of homemaker 13(3) A homemaker placed under subsection (1) may (a) enter the home; (b) live in the home; (c) use any equipment, apparatus, tools, fixtures or implements on the premises normally used in housekeeping or maintaining the home, and carry on normal housekeeping activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; (d) exercise reasonable control and discipline over the child; (e) provide goods and services necessary to care for the child on the premises; (f) provide training, teaching and counselling to parents or guardians to assist them in properly caring for the child in the home. Parent aide 13(4) Where it appears that the parent or guardian requires training in homemaking and child care, the agency may with the consent of the parent or guardian place a parent aide in the home of the parent or guardian in order to provide the training. Agreement regarding service 13(5) Where an agency has placed a homemaker under subsection (1) or a parent aide under subsection (4) the agency may (a) enter into an agreement respecting the placement with the parent or guardian for a period not exceeding six months; and (b) renew the agreement with the parent or guardian for one or more periods each of which shall not exceed six months, with such variations in the terms as the parties consider necessary. S.M. 1987-88, c. 34, s. 1 ; S.M. 2019, c. 11, s. 3 . FAMILY SUPPORT AGREEMENTS Purpose 13.1(1) The purpose of a family support agreement is to establish the basis for planning and delivering supports that meet the needs of a child and their family. Family support agreement 13.1(2) An agency may enter into a family support agreement with a parent, guardian or other person who has actual care and control of a child to make provision for one or more of the following: (a) a service described in section 9, 10, 12 or 13; (b) financial assistance; (c) an item or resource that would meet one or more of the child's needs; (d) a service to support the child in their home; (e) a service to prepare for and facilitate the child's return home while the child is in an out-of-home placement; (f) a service to support the child and their family when the child has returned home from an out-of-home placement or from any other living arrangement. S.M. 2023, c. 26, s. 21 . KINSHIP CARE AGREEMENTS Purpose 13.2(1) The purpose of a kinship care agreement is to establish the basis for planning and delivering care to a child that is provided within the child's community with the participation of the child's family or persons who have significant relationships with the child or with the child's parent or guardian. Kinship care agreement 13.2(2) An agency may enter into a kinship care agreement with a parent or guardian of a child to make provision for the child to reside with (a) an adult member of the child's family; or (b) an adult who has a significant relationship with the child or with the child's parent or guardian. Parties to kinship care agreement 13.2(3) The following must be parties to a kinship care agreement: (a) the child's parent or guardian; (b) the agency serving the child; (c) the kinship caregiver. Agreement may include other supports 13.2(4) A kinship care agreement may make provision for one or more supports available under subsection 13.1(2). Content of kinship care agreement 13.2(5) The terms of a kinship care agreement must set out the following: (a) the child's name and date of birth; (b) the place where the child is to reside; (c) the name of the kinship caregiver; (d) a description of the kinship caregiver's role and responsibilities; (e) a description of the role and responsibilities of the child's parent or guardian; (f) the person or persons who are responsible for making decisions respecting the child; (g) if a support available under subsection 13.1(2) is to be provided, the type of support; (h) a description of the agency's role and responsibilities; (i) the process for resolving issues or concerns arising under or in relation to the agreement; (j) the duration of the agreement. Views of child 13.2(6) When entering into a kinship care agreement, the parties must consider the views and preferences of the child. S.M. 2023, c. 26, s. 21 . CUSTOMARY CARE AGREEMENTS Purpose 13.3(1) The purpose of a customary care agreement is to establish the basis for planning and delivering care to an Indigenous child that recognizes the needs and the cultural identity of the child and reflects the unique customs of the Indigenous group, community or people to which the child belongs. Customary care agreement 13.3(2) An agency may enter into a customary care agreement with a parent or guardian of an Indigenous child for the purpose of (a) providing customary care for the child, including, if applicable, having the child reside in a customary care home; and (b) recognizing the role of the child's Indigenous group, community or people in planning and providing customary care. Parties to customary care agreement 13.3(3) The following must be parties to a customary care agreement: (a) the Indigenous child's parent or guardian; (b) the agency serving the child; (c) if the agreement provides that the child is to reside with a customary caregiver, the caregiver. Agreement may include other supports 13.3(4) A customary care agreement may make provision for one or more supports available under subsection 13.1(2). Content of customary care agreement 13.3(5) The terms of a customary care agreement must set out the following: (a) the child's name and date of birth; (b) the place where the child is to reside; (c) the name of the customary caregiver; (d) a description of the customary caregiver's role and responsibilities; (e) a description of the role and responsibilities of the child's parent or guardian; (f) the person or persons who are responsible for making decisions respecting the child; (g) if a support available under subsection 13.1(2) is to be provided, the type of support; (h) a description of the agency's role and responsibilities; (i) the process for resolving issues or concerns arising under or in relation to the agreement; (j) the duration of the agreement. Views of child 13.3(6) When entering into a customary care agreement, the parties must consider the views and preferences of the child. S.M. 2023, c. 26, s. 21 . VOLUNTARY CARE AGREEMENTS Purpose 13.4(1) The purpose of a voluntary care agreement is to establish the basis for planning and delivering care to a child outside the child's home. Voluntary care agreement 13.4(2) An agency may enter into a voluntary care agreement with a parent, guardian or other person who has actual care and control of a child to make provision for the child to reside in a placement outside the child's home if (a) the parent, guardian or other person is unable to make adequate provision for the child; or (b) the child is in need of protection. Parties to voluntary care agreement 13.4(3) The following must be parties to a voluntary care agreement: (a) the parent, guardian or other person who has care and control of the child; (b) the agency serving the child. Content of voluntary care agreement 13.4(4) The terms of a voluntary care agreement must set out the following: (a) the child's name and date of birth; (b) the place where the child is to reside; (c) the person or persons who are responsible for making decisions respecting the child; (d) a description of the agency's role and responsibilities; (e) the process for resolving issues or concerns arising under or in relation to the agreement; (f) the duration of the agreement. Views of child 13.4(5) When entering into a voluntary care agreement, the parties must consider the views and preferences of the child. S.M. 2023, c. 26, s. 21 . COMMON REQUIREMENTS FOR AGREEMENTS Application 13.5(1) This section applies to the following agreements: (a) a family support agreement; (b) a kinship care agreement; (c) a customary care agreement; (d) a voluntary care agreement. Written agreements 13.5(2) An agreement must be in writing. Copy of agreement to be given 13.5(3) An agency must give a copy of an agreement to (a) each party to the agreement; and (b) its mandating authority. Review of agreement 13.5(4) The agency must review an agreement with every party to the agreement (a) at least once every 365 days; (b) if the agreement has a specified duration, at least 30 days before the agreement expires; and (c) on request by a party to the agreement. Ending an agreement 13.5(5) An agreement or a renewal of an agreement may be ended at any time by a party to the agreement. End of agreement at age of majority 13.5(6) An agreement ends on the day on which the child reaches the age of majority. Authority to be informed when agreement ends 13.5(7) On the ending of an agreement, the agency must inform its mandating authority that the agreement has ended. S.M. 2023, c. 26, s. 21 . Application of Part III 13.6 The fact that a child is receiving supports and services under an agreement made under this Part does not prevent (a) a person authorized to do so from apprehending the child as provided in Part III; or (b) a judge or an associate judge from finding the child to be in need of protection under Part III. S.M. 2023, c. 26, s. 21 (as amended by S.M. 2024, c. 9, s. 44 ). 14 [Repealed] S.M. 1993, c. 29, s. 172 ; S.M. 2023, c. 19, s. 83 ; S.M. 2023, c. 26, s. 22 . Agreements by minor valid 15(1) An agreement under section 12, 13, 13.1, 13.2, 13.3 or 13.4 is valid notwithstanding that the person entering into the agreement is a minor. Financial information and maintenance agreement 15(2) On the execution by a parent or guardian of an agreement under section 12 or 13 with respect to a child, the parent or guardian shall provide to the agency the financial information prescribed by the regulations, and the agency shall request the parent or guardian to execute a further agreement under which the parent or guardian agrees to pay to the agency maintenance for the child in accordance with the regulations. Reduction of contribution 15(3) Notwithstanding subsection (2), where the director determines there are special circumstances, the amount payable by the person to the agency may be reduced as determined by the director. Order for payment of maintenance 15(3.1) On application by the agency, a judge shall order the parent or guardian (a) where an agreement under subsection (2) is executed by a parent or guardian, to pay to the agency maintenance for the child in accordance with the agreement; and (b) where a parent or guardian does not execute an agreement under subsection (2), to pay to the agency such maintenance for the child by way of lump sum, periodic payments, or both, as is appropriate. Filing and service of financial information 15(3.2) On an application for an order under clause (3.1)⁠(b), the parent or guardian shall, within 10 days from the date on which the parent or guardian is served with notice of the application, file with the court and serve on the agency the financial information prescribed by the regulations, and, on application without notice, a judge or associate judge may order the parent or guardian to file and serve such information. Penalty for not filing financial information 15(3.3) Where a person fails to comply with subsection (3.2), a judge may, in addition to or in substitution for any other order, on application by the agency order that the person pay to the agency an amount not exceeding $5,000. and any such order may be enforced as a judgment of the court. Factors affecting order under section 15(3.1)⁠(b) 15(3.4) In determining what provisions an order under clause (3.1)⁠(b) should contain, a judge shall consider the following factors and any additional factors the judge considers relevant: (a) the cost of maintaining the child, including residential accommodations, housekeeping, food, clothing, recreation and supervision; (b) the need for and cost of providing a stable environment for the child; (c) the financial circumstances, including other financial obligations, of the parent or guardian. Maintenance effective from provision of services 15(3.5) An agreement under subsection (2) and an order under subsection (3.1) may be made effective from the date of the placement of a child in day care under section 12 or the date of the placement of a homemaker or parent aide under section 13. Variation 15(3.6) On application by a parent, guardian or agency affected by an order made under subsection (3.1), and on sufficient cause being shown, a judge may alter, vary, or discharge the order. Approval by director 15(4) The director may require an agency to submit all or any agreements under section 12 or 13 to the director for approval. S.M. 1997, c. 48, s. 6 ; S.M. 2023, c. 26, s. 23 ; S.M. 2023, c. 34, s. 50 . Confirmation of decision-making responsibility 15.1(1) The purpose of this section is to facilitate confirmation that a person other than a parent or guardian is responsible for making decisions in respect of a child under an agreement made under this Act. Request made to agency 15.1(2) On request by a person who is not a child's parent or guardian, and subject to the regulations, an agency that is a party to an agreement under this Act may provide a written statement confirming that the person making the request is responsible for making decisions in respect of the child, including in relation to the child's health or education. Form and content of request 15.1(3) The request must be submitted in the form and contain the information that the agency requires. Statement 15.1(4) The statement must be signed by a representative of the agency and specify the following information: (a) the name of the person who is responsible for making decisions in respect of the child; (b) the child's name and date of birth; (c) the nature of the person's decision-making responsibility under the agreement; (d) any conditions that apply to the person's exercise of the responsibility under the agreement; (e) the name and contact information for the representative of the agency; (f) any other information required by the regulations. S.M. 2023, c. 26, s. 24 . VOLUNTARY SURRENDER OF GUARDIANSHIP Voluntary surrender of guardianship by parents 16(1) The following persons may, by agreement on a prescribed form, surrender guardianship of the child to an agency: (a) the parents of the child; (b) if a parent is deceased, the surviving parent; or (c) if both parents are deceased, the individual who is the child's guardian appointed by court order. Voluntary surrender of guardianship by mother 16(2) The mother of a child who is (a) unmarried and without a common-law partner; or (b) married or had cohabited with a common-law partner, but ceased cohabiting with her spouse or common-law partner 300 days or more before the child was born; may, by agreement on a prescribed form, surrender guardianship of the child to an agency. Agreements in name of director 16(3) An agreement under subsection (1) or (2) by an agency that is a regional office shall be in the name of the director. Agreements by minor 16(4) An agreement under subsection (1) or (2) is valid notwithstanding that the person surrendering guardianship is a minor. No surrender until 48 hours after birth 16(5) No agreement shall be entered into under subsection (1) or (2) until the expiration of at least 48 hours after the time of the birth of the child. 16(6) and (7) [Repealed] S.M. 1997, c. 47, s. 131 . Agreement subject to approval of director 16(8) The director may require an agency to submit all or any agreements entered into under this section to the director for approval. Effect of agreement 16(9) Upon the signing of a surrender of guardianship under this section, the rights and obligations of the person surrendering guardianship with respect to the child are terminated. Withdrawal of voluntary surrender of guardianship 16(10) A person who has voluntarily surrendered guardianship of a child under this section may, by written notice to the director or to the agency to whom guardianship was surrendered, withdraw the voluntary surrender of guardianship within 21 days after the date of the agreement. Child returned 16(10.1) Where a person withdraws a voluntary surrender of guardianship under subsection (10), the child and family services agency to whom guardianship was surrendered shall return the child to the person who withdraws the voluntary surrender of guardianship. Application to director 16(11) Where more than 1 year has expired since the signing of a surrender of guardianship under this section and the child has not been placed for adoption, the person who surrendered guardianship may apply to the director to have the surrender of guardianship withdrawn and upon the director approving the application in writing the agreement is terminated. Appeal to court 16(12) Where the director refuses the application under subsection (11), the person may apply to the Court of King's Bench for an order that the agreement be terminated and the court may grant the order subject to such terms and conditions as the court considers appropriate. Action prior to accepting surrender 16(13) Prior to accepting a surrender of guardianship under this section, an agency shall explain fully to the person considering surrendering, the effect of the agreement and shall advise that person of their right to have independent legal advice and, after the execution of the agreement, a representative of the agency shall swear an affidavit in prescribed form, that the provisions of this subsection have been complied with. No notice of adoption application 16(14) A person who has surrendered guardianship under this section shall not be given notice of an application for an order of adoption of the child under The Adoption Act . S.M. 1997, c. 47, s. 131 ; S.M. 2002, c. 24, s. 10 ; S.M. 2023, c. 26, s. 26 . PART III CHILD PROTECTION Child in need of protection 17(1) For purposes of this Act, a child is in need of protection where the life, health or emotional well-being of the child is endangered by the act or omission of a person. Illustrations of child in need 17(2) Without restricting the generality of subsection (1), a child is in need of protection where the child (a) is without adequate care, supervision or control; (b) is in the care, custody, control or charge of a person (i) who is unable or unwilling to provide adequate care, supervision or control of the child, or (ii) whose conduct endangers or might endanger the life, health or emotional well-being of the child, or (iii) who neglects or refuses to provide or obtain proper medical or other remedial care or treatment necessary for the health or well-being of the child or who refuses to permit such care or treatment to be provided to the child when the care or treatment is recommended by a duly qualified medical practitioner; (c) is abused or is in danger of being abused, including where the child is likely to suffer harm or injury due to child sexual abuse and exploitation material; (d) is beyond the control of a person who has the care, custody, control or charge of the child; (e) is likely to suffer harm or injury due to the behaviour, condition, domestic environment or associations of the child or of a person having care, custody, control or charge of the child; (f) is subjected to aggression or sexual harassment that endangers the life, health or emotional well-being of the child; (g) being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child; or (h) is the subject, or is about to become the subject, of an unlawful adoption under The Adoption Act or of a sale under section 84. Socio-economic conditions not determinative 17(3) To the extent that it is consistent with the best interests of the child, a child must not be found to be in need of protection solely on the basis of their socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of their parent or of their care provider as defined in subsection 2.9(3). S.M. 1986-87, c. 19, s. 8 ; S.M. 1989-90, c. 3, s. 3 ; S.M. 1997, c. 47, s. 131 ; S.M. 2008, c. 9, s. 3 ; S.M. 2018, c. 37, s. 2 ; S.M. 2023, c. 26, s. 27 ; S.M. 2026, c. 37, s. 9 . Reporting a child in need of protection 18(1) Subject to subsection (1.1), where a person has information that leads the person reasonably to believe that a child is or might be in need of protection as provided in section 17, the person shall forthwith report the information to an agency or to a parent or guardian of the child. Reporting child sexual abuse and exploitation material 18(1.0.1) In addition to the duty to report under subsection (1), a person who reasonably believes that a representation, material or recording is, or might be, child sexual abuse and exploitation material shall promptly report the information to a reporting entity. Seeking out child sexual abuse and exploitation material not required or authorized 18(1.0.2) Nothing in this section requires or authorizes a person to seek out child sexual abuse and exploitation material. Reporting to agency only 18(1.1) Where a person under subsection (1) (a) does not know the identity of the parent or guardian of the child; (b) has information that leads the person reasonably to believe that the parent or guardian (i) is responsible for causing the child to be in need of protection, or (ii) is unable or unwilling to provide adequate protection to the child in the circumstances; or (c) has information that leads the person reasonably to believe that the child is or might be suffering abuse by a parent or guardian of the child or by a person having care, custody, control or charge of the child; subsection (1) does not apply and the person shall forthwith report the information to an agency. Reporting to Indigenous service provider 18(1.2) Despite subsections (1) and (1.1), a person who reasonably believes that an Indigenous child is in need of protection and who reports the matter to an Indigenous service provider responsible for providing child and family services to the child under an Indigenous law is not required to report the matter to an agency under this section. Duty to report 18(2) Notwithstanding the provisions of any other Act, subsections (1) and (1.0.1) apply even where the person has acquired the information through the discharge of professional duties or within a confidential relationship, but nothing in this subsection abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client. S.M. 1989-90, c. 3, s. 4 ; S.M. 1996, c. 4, s. 3 ; S.M. 2008, c. 9, s. 4 ; S.M. 2024, c. 36, s. 15 ; S.M. 2026, c. 37, s. 9 . Protection of informant 18.1(1) No action lies against a person for providing information in good faith and in compliance with section 18. Identity of informant 18.1(2) Except as required in the course of judicial proceedings, or with the written consent of the informant, no person shall disclose (a) the identity of an informant under subsection 18(1), (1.1) or (1.2) (i) to the family of the child reported to be in need of protection, or (ii) to the person who is believed to have caused the child to be in need of protection; or (b) the identity of an informant under subsection 18(1.0.1) to the person who possessed or accessed the representation, material or recording that is or might be child sexual abuse and exploitation material. Retaliation against informant prohibited 18.1(3) No person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage an informant under section 18. S.M. 1989-90, c. 3, s. 5 ; S.M. 2008, c. 9, s. 5 ; S.M. 2024, c. 36, s. 16 ; S.M. 2026, c. 37, s. 9 . Reports regarding professionals, etc. 18.2(1) Where the director has reasonable grounds to believe that a person has caused a child to be in need of protection or has failed to report information in accordance with section 18, the director may report the matter to the body or person that governs the professional status of the person or certifies, licenses, or otherwise authorizes or permits the person to carry on their work or occupation. Requirement to investigate 18.2(2) A body or person who receives a report under subsection (1) shall (a) investigate the matter to determine whether any professional status review or disciplinary proceedings should be commenced against the person; and (b) on conclusion of the investigation and any proceedings, advise the director of the determination under clause (a), the reasons for the determination, and, if applicable, the results of any professional status review or disciplinary proceedings. S.M. 1989-90, c. 3, s. 5 ; S.M. 1997, c. 48, s. 7 ; S.M. 2023, c. 26, s. 28 . Offences 18.3 Where a person, (a) through an act or omission of the person, causes a child to be a child in need of protection as provided in section 17; (b) fails to report information as required under section 18; (c) discloses the identity of an informant in contravention of subsection 18.1(2); or (d) dismisses, suspends, demotes, disciplines, harasses, interferes with or otherwise disadvantages an informant in contravention of subsection 18.1(3); the person is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000. or imprisonment for a term of not more than 24 months, or both. S.M. 1989-90, c. 3, s. 5 ; S.M. 2005, c. 3, s. 2 ; S.M. 2008, c. 9, s. 6 . Referral and investigation 18.4(1) On receiving information that a child might be in need of protection, an agency must determine whether to (a) investigate the matter itself; (b) refer the matter for investigation to an applicable Indigenous service provider; or (c) subject to the regulations, investigate the matter in collaboration with an applicable Indigenous service provider. Agency investigation 18.4(1.0.1) When the agency investigates a matter under clause (1)⁠(a), it must investigate immediately and where, upon investigation, it concludes that the child is in need of protection, it must take such further steps as are required by this Act or are prescribed by regulation or as the agency considers necessary for the child's protection. Police to provide information 18.4(1.1) An agency may request from a peace officer, and the peace officer shall provide, any information in the officer's possession or control that the agency reasonably believes is relevant to an investigation under subsection (1). Report of conclusion 18.4(2) Subject to subsection (3), where an agency concludes, after an investigation under subsection (1), that a child is in need of protection, the agency shall report its conclusion (a) to the parent or guardian of the child; (b) where there is no parent or guardian of the child, a person having full-time custody or charge of the child; (b.1) where an Indigenous service provider is providing child and family services to the child, to that service provider; (c) to the person, if any, who is identified by the investigation as the person who caused the child to be in need of protection; (d) in the case of a person under clause (c) whose employment (i) involves the care, custody, control or charge of children, or (ii) permits unsupervised access to children, to the employer or the manager or supervisor at the place of employment; (e) where the child attends school, to the principal of the school or the superintendent of the school division in which the school is located; (f) to the child where, in the opinion of the agency, the child is capable of understanding the information and disclosure to the child is in the best interests of the child; and (g) to the person who reported the information that gave rise to the investigation, except where disclosure is not in the best interests of the child. Report of conclusion where child not in need of protection 18.4(2.1) Subject to subsection (3), where an agency concludes, after an investigation under subsection (1), that a child is not in need of protection, the agency shall report its conclusion (a) to the parent or guardian of the child; (b) where there is no parent or guardian of the child, a person having full-time custody or charge of the child; (b.1) where an Indigenous service provider is providing child and family services to the child, to that service provider; (c) to the person, if any, who is identified by the investigation as the person who was alleged to have caused the child to be in need of protection; (d) to the child where, in the opinion of the agency, the child is capable of understanding the information and disclosure to the child is in the best interests of the child; and (e) to the person who reported the information that gave rise to the investigation, except where disclosure is not in the best interests of the child. Restrictions on disclosure 18.4(3) An agency shall not report its conclusion under subsection (2) or (2.1) where a criminal investigation into the matter is pending and the peace officer in charge of the investigation requests the agency not to report its conclusion because it would jeopardize the investigation. Peace officer to report charges 18.4(4) Where a peace officer lays an information charging a person with an offence under the Criminal Code or under this Act and (a) the offence (i) is based on an alleged act or omission by the accused person in relation to a child, or (ii) is in relation to child sexual abuse and exploitation material; and (b) the employment of the accused person (i) involves the care, custody, control or charge of children, or (ii) permits unsupervised access to children; the peace officer shall immediately advise the employer, or, if the identity of the employer is not known or the employer cannot be promptly reached, the manager or supervisor at the place of employment, that the accused person has been charged. S.M. 1989-90, c. 3, s. 6 ; S.M. 1997, c. 48, s. 8 ; S.M. 2008, c. 9, s. 7 ; S.M. 2024, c. 36, s. 17 ; S.M. 2026, c. 37, s. 9 . Reference to child abuse committee 18.5 Where an agency receives information that causes it to believe that a child is or might be abused, the agency shall, in addition to carrying out its duties under subsection 18.4(1), refer the matter to its child abuse committee established under subsection 19(1). S.M. 1997, c. 48, s. 9 . Director to investigate 18.6 Where an agency receives information that a child was or might have been abused by a person who provides work for or services to the agency or to a child care facility or other place where a child has been placed by the agency, the agency shall, in addition to carrying out its duties under subsection 18.4(1) and section 18.5, immediately report the matter to the director and the director shall investigate the matter and take such further steps as are required by this Act, prescribed by regulation, or as the director considers necessary. S.M. 1997, c. 48, s. 9 . Action by reporting entity re child sexual abuse and exploitation material report 18.7(1) If, after reviewing a report made under subsection 18(1.0.1), the reporting entity reasonably believes that the representation, material or recording is or might be child sexual abuse and exploitation material, it shall take action to protect a child by reporting the matter to a child and family services agency or a law enforcement agency, or to both as necessary, and take any further action as may be set out in the regulations. Annual report by reporting entity 18.7(2) A reporting entity must prepare an annual report with respect to its activities and actions taken under this Part, and the minister must table a copy of it in the Legislative Assembly within 15 days after receiving it, if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins. S.M. 2008, c. 9, s. 8 ; S.M. 2026, c. 37, s. 9 . Agency child abuse committees 19(1) Each agency shall, in accordance with the regulations, establish a child abuse committee to review cases of suspected abuse of a child and to advise the agency concerning what actions, if any, may in its opinion be required to protect the child or other children. Joint committee 19(2) Agencies may, with the approval of the director, establish a joint committee and that committee shall be the child abuse committee for all the participating agencies. Actions on referral to committee 19(3) Where a child abuse committee suspects a person of having abused a child, the committee shall, in the prescribed manner, give to the person who is suspected an opportunity to provide information to it and shall (a) form an opinion whether the person abused the child; (b) form an opinion whether the name of the person should be entered in the registry; and (c) report its opinions and, where it has formed the opinion that the person has abused the child, the circumstances of the abuse to the agency. Review process 19(3.1) Subject to any procedural requirements in the regulations, the proceedings of a committee acting under subsection (3) shall be conducted in an informal manner and no opinion or report of a committee shall be invalidated because of any lack of formality. Notice of intent to register 19(3.2) On receipt of a report under clause (3)⁠(c) that the committee is of the opinion that a person has abused a child and that the person's name should be entered in the registry, the agency shall give notice in the prescribed manner of the opinions and circumstances reported to it, of its intention to submit the name of the person for entry in the registry, and of the right to object under subsection (3.3), to the following persons: (a) the person who the committee believes has abused the child, where the person is 12 years of age or older; (b) the parent or guardian of the person who the committee believes has abused the child, where the person has not reached the age of majority; (c) the parent or guardian of the child; (d) the child, where the child is 12 years of age or older; and (e) the director. Objection to entry in registry 19(3.3) A person who is the subject of a report referred to in subsection (3.2) may, within 60 days of the giving of notice to the person under subsection (3.2), object to the entry of the person's name in the registry by (a) filing with the Court of King's Bench of Manitoba (Family Division) a notice of application for a hearing together with a true copy of the notice given under subsection (3.2); and (b) serving a true copy of the notice of application on the agency. Report to director where no objection 19(3.4) Where no notice of application is received by the agency before the expiration of the 60-day period referred to in subsection (3.3), the agency shall report the name of the person and the circumstances of the abuse to the director for entry in the registry. Hearing 19(3.5) Where a notice of application is filed and served in accordance with subsection (3.3), the court shall consider the matter by way of a hearing in accordance with subsection (3.6). Rules for hearing 19(3.6) At a hearing, (a) the agency has the burden of proof on the balance of probabilities; (b) all parties may be represented by counsel and shall, subject to clauses (c) and (d), be given full opportunity to present evidence and to examine and cross-examine witnesses; (c) the court is not bound by the rules of evidence in relation to the evidence of a child who the agency alleges was abused by the applicant and may receive the child's evidence through hearsay, by way of a recording, a written statement, or in any other form or manner that it considers advisable; and (d) a child who the agency alleges was abused by the applicant shall not be compelled to testify, regardless of whether the child is an adult at the time of the hearing. Decision of court 19(3.7) The court shall determine whether the person has abused a child and record the reasons for its decision, and its decision is final and not subject to appeal. 19(3.8) and (3.9) [Repealed] S.M. 2024, c. 36, s. 18 . Report to director re abuser 19(4) An agency shall report to the director for entry in the registry maintained under section 19.1 the name of a person who has abused a child and the circumstances surrounding the abuse where (a) the agency has information that the person, in a court in Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child;

(a.1) the agency has information that the person is, or is likely to be, present in Manitoba and the person, in a court outside Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child; or (b) the person has been found by a court in a proceeding under this Act to have abused a child; (c) [repealed] S.M. 1997, c. 48, s. 10 . Where report under subsection (4) not required 19(5) No report is required under subsection (4) where a report concerning the person and circumstances has been made to the director under subsection (6) or (7). Reporting by court 19(6) Where a person, in a court in Manitoba, is found guilty of, or pleads guilty to, an offence involving abuse of a child, or is found in a proceeding under this Act to have abused a child, the court shall report the name of the person, the circumstances of the abuse and, if applicable, the particulars of the offence and any sentence imposed to the director for entry in the registry. Reporting by peace officer re offence 19(7) If a peace officer, in the course of conducting an investigation or carrying out other duties, obtains information that a person present, or likely to be present, in Manitoba, was found guilty of, or pleaded guilty to, an offence involving abuse of a child (a) in a court outside Manitoba; or (b) in a court in Manitoba prior to the coming into force of this subsection; the peace officer shall report to the director the name of the person and the details of the offence for entry in the registry maintained under section 19.1. Excluded offences 19(8) For the purpose of this section, "offence involving abuse of a child" does not include an offence excluded from the application of this section by regulation. S.M. 1987-88, c. 68, s. 1 ; S.M. 1989-90, c. 3, s. 7 to 9; S.M. 1996, c. 4, s. 4 ; S.M. 1997, c. 48, s. 10 ; S.M. 2024, c. 36, s. 18 . Child abuse registry 19.1(1) The director shall establish and maintain a child abuse registry in which the director shall enter the information that is required to be entered pursuant to this Act. Entry in registry 19.1(2) On receipt of a report under subsection 19(3.4), (4), (6) or (7), the director shall enter the name and circumstances in the registry. S.M. 1987-88, c. 68, s. 1 ; S.M. 1989-90, c. 90, s. 3 ; S.M. 1996, c. 4, s. 5 ; S.M. 1997, c. 48, s. 11 . 19.2 [Repealed] S.M. 1987-88, c. 68, s. 1 ; S.M. 1997, c. 48, s. 12 . Information confidential 19.3(1) All names and information on the child abuse registry are confidential and the director shall allow access to it only in accordance with this section and section 76. Access by agencies 19.3(2) Subject to subsections (3.2) to (3.4), an agency, on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the agency (a) in investigating whether a child is in need of protection; (b) in assessing any person who provides work for or services to the agency, whether as an employee, foster parent, homemaker, parent aide, volunteer, student trainee or in any other way, or any person who applies or proposes to provide work for or services to the agency; or (c) in assessing an adoptive applicant. Access by adoption agency 19.3(2.1) Subject to subsections (3.2) to (3.4), an adoption agency licensed under The Adoption Act , on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the adoption agency (a) in assessing an adoptive applicant; or (b) in assessing any person who provides work or services to the adoption agency, whether as an employee, volunteer, student trainee or in any other way, or any person who applies or proposes to provide such work or services to the adoption agency. Access by peace officers 19.3(3) Subject to subsections (3.2) to (3.4), a peace officer, on application to the director, shall be given access to the registry where the director is satisfied that the access is reasonably required to assist the peace officer in carrying out the officer's duties. Access by employers and others 19.3(3.1) On application by an employer or other person, the director shall disclose to the applicant whether the name of a person is entered in the registry if the director is satisfied that the information is reasonably required to assist the applicant in assessing the person whose work, whether paid or unpaid, (a) involves or may involve the care, custody, control or charge of a child; or (b) permits or may permit access to a child. Manner of giving access to registry 19.3(3.2) Subject to subsection (3.3), an application for access to the registry must be submitted to the director whenever a search of the registry is required. If the application is approved, the director must conduct the search and report the results to the applicant. Ongoing access to registry 19.3(3.3) On application and subject to any terms and conditions the director considers advisable, the director may give an agency direct ongoing access to the registry for one or both of the following purposes: (a) conducting its own searches under clause (2)⁠(a) (child protection investigations); (b) conducting its own searches under clause (2)⁠(b), when access is urgently required to assess a person who provides work for or services to the agency on a temporary and urgent basis, such as by providing a place of safety or other emergency placement. Searches by director still required 19.3(3.4) For greater certainty, an agency that has been given direct ongoing access to the registry for a purpose set out in subsection (3.3) must continue to apply to the director each time it requires a search of the registry for another purpose. Director to provide information re register 19.3(4) The director shall provide to any person who applies any information contained on the registry respecting that person other than information that may identify a person who made a report under subsection 18(1.1). Objection to information 19.3(5) Subsections 76(9), (10) and (11) apply with such modifications as the circumstances require to a person who has been given information under subsection (4). S.M. 1987-88, c. 68, s. 1 ; S.M. 1990-91, c. 12, s. 2 ; S.M. 1997, c. 47, s. 131 ; S.M. 1997, c. 48, s. 13 ; S.M. 2022, c. 30, s. 4 . Removal of identifying information re abused 19.4(1) The director shall delete from the registry all identifying information relating to a child who is listed as an abused child upon that child attaining 18 years of age. Removal of identifying information re abuser 19.4(2) Subject to subsection 19.2(8), the director shall remove from the registry all identifying information relating to a person who is listed as an abuser on the later of the day on which (a) 10 years have elapsed since the last entry relating to the person; or (b) the child who was abused attains 18 years of age. S.M. 1987-88, c. 68, s. 1 . 19.5 [Repealed] S.M. 1987-88, c. 68, s. 1 ; S.M. 1989-90, c. 90, s. 3 ; S.M. 1997, c. 48, s. 15 . Application for order not to contact child 20(1) An agency or Indigenous service provider may apply for an order under this section if the agency or Indigenous service provider has reasonable grounds to believe that contact between a child and a person causes or is likely to cause the child to need protection. Notice of application 20(2) At least two days before the date set for hearing the application, the agency or Indigenous service provider must give notice of the time, date and place of the hearing to the following: (a) the person against whom the order is sought; (b) the parents or guardian of the child; (c) the child if the child is 12 years of age or older; (d) if the child is Indigenous, the agency or Indigenous service provider serving the child's Indigenous group, community or people; (e) any other person that the court directs. Party to the hearing 20(3) If a person entitled to notice under subsection (2) appears at the commencement of the hearing, that person is entitled to be a party at the hearing. Judge may issue order 20(4) Upon completion of the hearing, a judge may make an order under this section if satisfied that there are reasonable grounds to believe that contact between a child and a person causes or is likely to cause the child to need protection. Content of order 20(5) A judge may make an order that does one or more of the following: (a) prohibit the person for a period of up to 12 months from contacting or interfering with or trying to contact or interfere with the child or from entering any premises the child attends or boarding any conveyance that transports the child; (b) prohibit the person for a period of up to 12 months from residing with the child or from entering any premises or conveyance where the child resides, including any premises or conveyance that the person owns or has a right to occupy; (c) if the judge is of the opinion that the person may not comply with an order under clause (a) or (b), order the person to (i) enter into a recognizance without sureties or with sureties in an amount the judge thinks necessary and reasonable, (ii) report to the court or to a person named by the court for the period of time and at the times and places the court thinks necessary and reasonable, or (iii) produce to the court or to a person named by the court, any documents as the court thinks fit. The order may include any terms necessary to implement an order under clause (a), (b) or (c). Variation 20(6) Before an order expires, the agency or the Indigenous service provider or the person against whom the order was made may apply to the court and the court may do one or more of the following: (a) vary the order; (b) terminate the order; (c) shorten the period of the order; (d) extend the period of the order for one period of up to six months. Assistance of peace officer 20(7) At the request of an agency or Indigenous service provider, a peace officer must assist in enforcing an order under this section. Interim order 20(8) The court may make an interim order with respect to an application under this section, and the provisions of this section apply, with necessary changes, to the interim order. Order may be made at any time 20(9) An order under this section may be made at any time, including before, at or after a protection hearing under subsection 27(1) or other hearing. Offence 20(10) Any person who violates the provisions of an order made under this section is guilty of an offence and is liable on conviction to a fine of not more than $50,000 or imprisonment for a term of not more than 24 months, or both. S.M. 2005, c. 3, s. 3 ; S.M. 2022, c. 43, Sch. B, s. 3 ; S.M. 2023, c. 26, s. 29 . Apprehension of a child in need of protection 21(1) Any of the following persons who on reasonable and probable grounds believes that a child is in need of protection may apprehend the child without a warrant and take the child to a place of safety where the child may be examined and provided with temporary care and be dealt with in accordance with the provisions of this Part: (a) the director; (b) a representative of an agency; (c) a representative of an Indigenous service provider; (d) a peace officer. Entry without warrant in certain cases 21(2) Any of the persons listed in subsection (1) who on reasonable and probable grounds believes (a) that a child is in immediate danger; or (b) that a child who is unable to look after and care for themselves has been left without any responsible person to care for them; may, without warrant and by force if necessary, enter any premises to investigate the matter and if the child appears to be in need of protection shall (c) apprehend the child and take the child to a place of safety; or (d) take such other steps as are necessary to protect the child. Warrant to search for child 21(3) On application, a judge, associate judge or justice of the peace who is satisfied that there are reasonable and probable grounds for believing there is a child who is in need of protection, may issue a warrant authorizing an agency or a peace officer (a) to enter, by force if necessary, a building or other place specified in the warrant and search for the child; and (b) if the child appears to be in need of protection, (i) to apprehend the child and to take the child to a place of safety, or (ii) to take such other steps as are necessary to protect the child. Child need not be named 21(4) It is not necessary in the application or the warrant to describe a child by name. Assistance of peace officer 21(5) The director or a representative of an agency or Indigenous service provider who needs assistance in apprehending a child may seek the assistance of a peace officer and the peace officer shall provide the assistance. Consistency with child's best interests and section 21.1 21(6) A child must be apprehended under this section only if doing so is consistent with the best interests of the child and section 21.1 (apprehension of Indigenous child living with family). S.M. 2005, c. 8, s. 11 ; S.M. 2022, c. 30, s. 5 ; S.M. 2023, c. 26, s. 30 ; S.M. 2023, c. 34, s. 50 . Apprehension of Indigenous child living with family 21.1 Unless immediate apprehension is consistent with the best interests of the child, before apprehending an Indigenous child who resides with one of the child's parents or another adult member of the child's family, as defined in subsection 2.7(6), the director or agency must demonstrate that the director or agency made reasonable efforts to have the child continue to reside with that parent or family member. S.M. 2023, c. 26, s. 31 . Child in care may be apprehended 22(1) The fact that a child is under the care of an agency or in a treatment centre, hospital or day care facility or the fact that an agency has placed a homemaker or parent aide in the home in which the child has been left does not prevent (a) a person authorized to do so from apprehending the child as provided in this Part; or (b) a judge from finding the child to be in need of protection. Child remaining in hospital as a patient 22(2) Where a child is a patient in a hospital, the person who apprehended the child under this Part may, if so advised by a duly qualified medical practitioner, leave the child in the hospital; and for the duration of the hospitalization the hospital shall be deemed to be a place of safety. Notification of agency 23(1) Where a child is apprehended under this Part by a person other than a representative of the agency having jurisdiction in the area where the child was apprehended, the person apprehending shall forthwith notify that agency and provide all particulars with respect to the child. Exception 23(2) Subsection (1) does not apply to a representative of an Indigenous service provider who apprehends an Indigenous child under an Indigenous law. S.M. 2024, c. 36, s. 19 . Parents to be notified of apprehension 24 Where a child has been apprehended and brought to a place of safety, an agency shall make reasonable efforts to notify the parents or guardian of the apprehension of the child. Care while under apprehension 25(1) Where a child has been apprehended, an agency (a) is responsible for the child's care, maintenance, education and well-being; (b) may authorize a medical examination of the child where the consent of a parent or guardian would otherwise be required; and (c) may authorize the provision of medical or dental treatment for the child if (i) the treatment is recommended by a duly qualified medical practitioner or dentist, (ii) the consent of a parent or guardian of the child would otherwise be required, and (iii) no parent or guardian of the child is available to consent to the treatment. Child's consent required if 16 or over 25(2) Notwithstanding clause (1)⁠(b) or (c), if the child is 16 years of age or older, an agency shall not authorize a medical examination under clause (1)⁠(b) or medical or dental treatment under clause (1)⁠(c) without the consent of the child. Application to court to authorize examination or treatment 25(3) An agency may apply to court for an order (a) authorizing a medical examination of an apprehended child where the child is 16 years of age or older and refuses to consent to the examination; or (b) authorizing medical or dental treatment for an apprehended child where (i) the parents or guardians of the child refuse to consent to the treatment, or (ii) the child is 16 years of age or older and refuses to consent to the treatment. Notice of application 25(4) The agency shall notify the parents or guardians of the child and the child, if the child is 16 years of age or older, of the time and place at which an application under subsection (3) is to be heard, and shall do so not less than two days before the time fixed for the hearing. Abridging notice 25(5) Notwithstanding subsection (4), the court may authorize the giving of a shorter period of notice. If court documents not filed before hearing 25(6) A judge may hear an application referred to in subsection (3) even though the agency has not filed documents initiating the application in the court if (a) the judge is satisfied that the life or health of the child would be seriously and imminently endangered by waiting for the necessary court documents to be filed before the application is heard; and (b) the agency undertakes to file the necessary documents in the court within 24 hours after the hearing. Evidence received by telephone 25(7) Where an application is made under subsection (3), the judge may receive evidence from a person by telephone or other means of telecommunication if the judge is satisfied that the life or health of the child would be seriously and imminently endangered by waiting to receive the person's evidence in person. Court order authorizing examination or treatment 25(8) Subject to subsection (9), upon completion of a hearing, the court may authorize a medical examination or any medical or dental treatment that the court considers to be in the best interests of the child. Child's consent to order required if 16 or older 25(9) The court shall not make an order under subsection (8) with respect to a child who is 16 years of age or older without the child's consent unless the court is satisfied that the child is unable (a) to understand the information that is relevant to making a decision to consent or not consent to the medical examination or the medical or dental treatment; or (b) to appreciate the reasonably foreseeable consequences of making a decision to consent or not consent to the medical examination or the medical or dental treatment. Protection from liability 25(10) If a child is examined or treated under this section, no liability attaches to the agency, the hospital or other facility where the examination or treatment is provided, or the person examining or treating the child by reason only that a parent or guardian of the child, or the child, did not consent to the examination or treatment. S.M. 1995, c. 23, s. 2 . Leaving child pending protection hearing 26(1) The director, a representative of an agency or a peace officer who on reasonable and probable grounds believes that a child is in need of protection, may leave the child with or return the child to the person in whose charge the child is and notify that person that an application respecting the child will be made to court pursuant to the provisions of this Part. Agency to be notified 26(2) A person who proceeds under subsection (1) shall forthwith notify the agency having jurisdiction where the child is and provide all particulars with respect to the child. Deemed apprehension 26(3) Notwithstanding the fact that the child has been left with or returned to the person in whose charge the child was under subsection (1) the child shall solely for the purposes of a hearing under subsection 27(1) be deemed to be under apprehension. Application to court for protection hearing 27(1) The agency shall, within 4 juridical days after the day of apprehension or within such further period as a judge, associate judge or justice of the peace on application may allow, make an application for a hearing to determine whether the child is in need of protection. Access pending protection hearing 27(2) The agency shall at the time of making the application under subsection (1) state at what times, if any, and on what conditions it will allow access by the parents or guardian to the child pending the hearing. Hearing re access by parents or guardian 27(3) Where the parents or guardian do not consent to the access provided by the agency, they may make application to court for a hearing to determine what access provisions are appropriate in the circumstances. Burden of proof 27(4) The agency shall bear the burden of proof at the hearing under subsection (3) that any limitation of access is reasonable. Variation of order 27(5) Either party may make an application for a variation of an order under subsection (3) at any time on the grounds that there has been a change in circumstances since the order was granted justifying a change in access or that the access permitted has been shown to be in practice contrary to the best interests of the child. S.M. 2005, c. 8, s. 11 ; S.M. 2023, c. 34, s. 50 . Transfer of proceedings to another court 28(1) A judge or associate judge who on application made prior to a hearing under this Part is satisfied that it is appropriate may transfer any proceedings under this Part to a court in another jurisdiction. Substitution of another agency or Indigenous service provider 28(2) On application made before a hearing under this Part by the agency that apprehended the child, a judge or associate judge may order that another agency or an Indigenous service provider be substituted as a party if the apprehending agency files that other agency's or the service provider's consent. S.M. 2005, c. 42, s. 3 ; S.M. 2023, c. 34, s. 50 ; S.M. 2024, c. 36, s. 20 . Date when application returnable 29(1) An application under subsection 27(1) shall be returnable within seven juridical days of being filed, or, where there is no sitting of the court in which the application was filed in that period, on the date of the next sitting of the court, or within such further period as a judge, associate judge or justice of the peace may, on application, allow. Adjournment 29(2) Upon application, a judge, associate judge or justice of the peace may adjourn the hearing from time to time as may be required. S.M. 1997, c. 48, s. 16 ; S.M. 2005, c. 8, s. 11 ; S.M. 2023, c. 34, s. 50 . Notice of hearing 30(1) The agency shall give two clear days notice of the date the application under subsection 27(1) is returnable or is set for hearing, together with particulars of the grounds that are alleged to justify a finding that the child is in need of protection, to (a) the parents; (b) the guardians; (c) the child where the child is 12 years of age or more; (d) the person in whose home the child was living at the time of apprehension or immediately prior to placement in hospital or other place of safety; and (e) if the child is Indigenous, the agency or Indigenous service provider serving the child's Indigenous group, community or people; and no further notice is required to be given by the agency thereafter. Notice regarding filing of financial information 30(1.1) A notice to a parent or guardian under subsection (1) shall also notify the parent or guardian of the requirements of subsection (1.2). Filing and service of financial information 30(1.2) A parent or guardian who is given notice under subsection (1) shall, within 10 days of the giving of notice to the parent or guardian, file with the court and serve on the agency the financial information prescribed by the regulations, and, on application without notice, a judge or associate judge may order the parent or guardian to file and serve such information. Penalty for not filing financial information 30(1.3) Where a parent or guardian fails to comply with subsection (1.2), a judge may, in addition to or in substitution for any other order, on application by the agency order that the parent or guardian pay to the agency an amount not exceeding $5,000. and any such order may be enforced as a judgment of the court. Reduction in time of notice and waiver of notice 30(2) Notwithstanding subsection (1), a person entitled to receive notice under that subsection may agree (a) to a reduction in the number of days within which notice shall be given; or (b) to a complete waiver of notice at any time up to and including the hearing of the application notwithstanding that the hearing may be in progress. Service of notice 30(3) Unless a judge or associate judge on application directs some other manner of effecting service, notice under subsection (1) shall be (a) by personal service in the case of an individual; and (b) in the case of the agency or Indigenous service provider serving the child's Indigenous group, community or people, either by delivery to an officer of that agency or Indigenous service provider or by registered mail addressed to the head office of that agency or Indigenous service provider. Judge may dispense with service of notice 30(4) Where under subsection (1) an agency is required to serve a notice of hearing upon an individual, a judge or associate judge may abridge the time for or dispense with service of notice or may direct a manner of effecting substitutional service on that individual. S.M. 1997, c. 48, s. 17 ; S.M. 2023, c. 26, s. 32 ; S.M. 2023, c. 34, s. 50 . Application to intervene 31(1) Prior to the commencement of a hearing under subsection 27(1) and upon giving two clear days notice to the persons entitled to notice under subsection 30(1) any person may apply to court to intervene in the proceedings. Order 31(2) Upon being satisfied that the person applying under subsection (1) (a) has or has had a significant relationship with the child; and (b) can make a significant contribution to the hearing which will be in the child's best interests; a judge or associate judge may order that the person intervene in the proceedings upon the terms and conditions and with the rights and privileges the judge or associate judge determines. S.M. 1997, c. 48, s. 18 ; S.M. 2023, c. 34, s. 50 . 32(1) [Repealed] S.M. 1997, c. 48, s. 19 . Order for further particulars 32(2) A person who is not satisfied with the particulars provided under subsection 30(1) may apply to court for an order that the agency provide further particulars. King's Bench rules re discovery not to apply 32(3) The rules of the Court of King's Bench regarding examination for discovery and examination of documents do not apply to a hearing under this Part. S.M. 1997, c. 48, s. 19 . Presence of child under 12 not required 33(1) In proceedings under this Part, the presence of a child less than 12 years of age is not required unless a judge or associate judge on application so orders. Presence of child 12 or over required 33(2) In proceedings under this Part, the presence of a child 12 years of age or older is required unless a judge or associate judge (a) is satisfied that independent legal counsel has explained the child's rights in the proceeding to the child and is able to advise the court respecting the child's views and preferences; or (b) on application, orders that the child not be present. S.M. 2023, c. 26, s. 33 ; S.M. 2023, c. 34, s. 50 . Right to counsel 34(1) Subject to subsections (1.1) and (2), a judge or an associate judge shall, before the commencement of a hearing under section 27, advise any person who was given notice of the hearing under section 30 and who is present at the hearing that the person has the right to be represented by legal counsel. Legal counsel for parent who is a child 34(1.1) Where a parent of a child who is the subject of a hearing under section 27 is a child and is 12 years of age or older, the parent has the right to retain and instruct legal counsel in respect of the hearing without having a litigation guardian appointed for the parent. Counsel for child 34(2) In the case of the child who is the subject of the hearing, a judge or associate judge may order that legal counsel be appointed to represent the interests of the child and, if the child is 12 years of age or older, may order that the child have the right to instruct the legal counsel. Factors affecting need for counsel for child 34(3) In making an order under subsection (2), the judge or associate judge shall consider all relevant matters including, (a) any difference in the view of the child and the views of the other parties to the hearing; (b) any difference in the interests of the child and the interests of the other parties to the hearing; (c) the nature of the hearing, including the seriousness and complexity of the issues and whether the agency is requesting that the child be removed from the home; (d) the capacity of the child to express their views to the court; (e) the views of the child regarding separate representation, where such views can reasonably be ascertained; and (f) the presence of parents or guardians at the hearing. S.M. 1992, c. 29, s. 24 ; S.M. 1993, c. 48, s. 4 ; S.M. 2023, c. 26, s. 34 ; S.M. 2023, c. 34, s. 50 . Cross-examination of parents 35 Notwithstanding any other provision of this or any other Act, an agency may, by serving notice of its intention to do so 14 days before a hearing under this Part, or such shorter period as the court may allow, call the parent or guardian or both of the child who is the subject of an application under this Part as a witness and any person so called shall be treated as a hostile witness. Proceedings informal 36 Proceedings under this Part may be as informal as a judge or associate judge may allow and no order under this Part shall be set aside because of any lack of formality at the hearing or for any other technical reason not affecting the merits of the case. S.M. 2023, c. 34, s. 50 . Power of court 37(1) A judge or associate judge may for the purposes of a hearing under this Part (a) compel on the judge's or associate judge's own motion the attendance of any person and require that person to give evidence under oath and to produce such documents and things as may be required; (b) accept evidence by affidavit; (c) accept as evidence a report completed by a duly qualified medical practitioner, dentist, psychologist or registered social worker as evidence without proof of the signature or authority of the person signing it. Court may direct investigation 37(2) In a proceeding under this Part, and upon being satisfied that it is necessary in order to determine the best interests of the child, a judge or associate judge may direct an investigation into any matter by a person who has had no previous connection with the parties to the proceeding or to whom each party consents. Refusal to co-operate 37(3) Where the court directs an investigation pursuant to subsection (2) and a party refuses to co-operate with the investigator, the investigator shall so report to the court which may draw any inference therefrom it considers appropriate. S.M. 2023, c. 26, s. 35 ; S.M. 2023, c. 34, s. 50 ; S.M. 2024, c. 9, s. 43 . Orders of the judge 38(1) Upon the completion of a hearing under this Part, a judge who finds that a child is in need of protection shall order (a) that the child be returned to the parents or guardian under the supervision of an agency and subject to the conditions and for the period the judge considers necessary; or (b) that the child be placed with a person other than an agency that the judge considers best able to care for the child, with or without transfer of guardianship to that person, and subject to the conditions and for any period, including until the child reaches the age of majority, that the judge considers necessary; or (c) that the agency be appointed the temporary guardian of a child for a period not exceeding 24 months; or (d) and (e) [repealed] S.M. 2023, c. 26, s. 36 ; (f) that the agency be appointed the permanent guardian of the child. Consent orders 38(2) Where all persons who have received notice under subsection 30(1) consent, a judge or associate judge may, without receiving further evidence, make an order respecting the child under subsection (1), and a person who was served but does not appear or with respect to whom an order was made dispensing with service is deemed to consent. Child support orders 38(3) Where an order is made under clause (1)⁠(b) or (c) with respect to a child, the judge at the time of making the order, or any judge at a subsequent time, shall order the parent or guardian to pay to the agency such maintenance for the child by way of lump sum, periodic payments, or both, as is appropriate. Factors in making order 38(3.1) Subsection 15(3.4) applies with such modifications as the circumstances require to an order under subsection (3). Maintenance effective from provision of services 38(3.2) An order under subsection (3) may be made effective from the date of the apprehension of the child. Variation of order 38(4) Upon application made by any person who is affected by an order made under subsection (3) and upon sufficient cause being shown, a judge may alter, vary, or discharge the order. Effective date of order 38(5) An order made under this section is effective from the date of pronouncement. Right to enter home 38(6) Where a judge or associate judge makes an order under clause (1)⁠(a) or (b) any representative of the agency under whose supervision the child is placed has the right to enter the home where the child is to provide guidance and counselling and to ascertain that the child is being properly cared for and maintained and any person who obstructs the representative in so doing is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000. or imprisonment for a term of not more than 24 months, or both. Further apprehension of child 38(7) Where an agency that is authorized pursuant to subsection (1) to exercise supervision over a child finds that the child is not being properly cared for and maintained or that the child is in need of protection, and if doing so is consistent with the best interests of the child, the child may be apprehended notwithstanding the order made under subsection (1). Distribution of order 38(8) A copy of an order made under subsection (1) or (2) shall be mailed or delivered by the court to (a) the director; (b) the agency; (c) the parents and guardian unless they were served substitutionally or service was dispensed with; (d) the child where the child is 12 years of age or older; (e) the agency or Indigenous service provider serving the child's Indigenous group, community or people, if applicable; and (f) any person granted status under section 31. S.M. 1997, c. 48, s. 20 ; S.M. 2005, c. 3, s. 4 ; S.M. 2023, c. 26, s. 36 ; S.M. 2023, c. 34, s. 50 ; S.M. 2026, c. 37, s. 9 . Joint orders prohibited 38.1 No court shall make an order under which the director or an agency is appointed the guardian of a child jointly with any other person. S.M. 1997, c. 48, s. 20 . Access by parents 39(1) Where a judge or associate judge makes an order under clause 38(1)⁠(b) or (c), the parents or guardian shall have reasonable access to the child. Application to determine access during temporary order 39(2) Where the parents or guardian and the agency are unable to agree as to what constitutes reasonable access to the child, either party may make an application to the judge or associate judge who made the order for an order determining what provisions as to access are appropriate in the circumstances and the agency shall bear the burden of proof that any limitation of access is reasonable. Access by parents during permanent order 39(3) Subject to subsection (4), where a judge makes an order under clause 38(1)⁠(f) the agency shall have complete discretion as to the access, if any, which the parents or guardian shall have to the child. Application to determine access where permanent order 39(4) Where the parents or guardian are dissatisfied as to the access, if any, which the agency is willing to grant them under subsection (3) they may make an application to the judge who made the order for an order determining what provisions as to access, if any, are appropriate. Variation of order under subsec. (2) or (4) 39(5) Either party may make a further application to the judge or associate judge who made the order under subsection (2) or (4) for a variation of the order on the grounds that there has been a change in circumstances or that the access permitted has been contrary to the best interests of the child. No application where child placed for adoption 39(6) No application shall be made under subsection (4) or (5) where the child has been placed for adoption under The Adoption Act . Where judge unable to act 39(7) Where the judge or associate judge who made the order is unable for any reason to hear an application under subsection (2), (4) or (5) any judge of the same court may hear the application. S.M. 1997, c. 47, s. 131 ; S.M. 2023, c. 26, s. 37 ; S.M. 2023, c. 34, s. 50 ; S.M. 2026, c. 37, s. 9 . Further hearings 40(1) Notwithstanding an order under clause 38(1)⁠(a), (b) or (c), any judge may, at any time the order is in force and upon application by the agency, parent or guardian of the child or person with whom the child was placed under clause 38(1)⁠(b), hold further hearings to determine whether the child would be in need of protection if returned to the parents or guardian. Former order deemed to be continued 40(2) Where the date fixed for the hearing of an application under subsection (1) falls on or after the expiry date of the former order, the former order shall be deemed to continue until the application is either withdrawn or is disposed of. Further orders 40(3) Upon the conclusion of the hearing, the judge, (a) if satisfied that the child would not be in need of protection, shall order that the child be returned to the parents or guardians; (b) if satisfied that the child would be in need of protection, shall extend the previous order or make any of the other orders under section 38. Consent orders 40(3.1) Where all persons who have received notice of an application under subsection (1) consent, a judge or associate judge may, without receiving further evidence, make an order respecting the child under subsection (3), and a person who was served but does not appear or with respect to whom an order was made dispensing with service is deemed to consent. Provisions of Part apply 40(4) The provisions of this Part apply with the necessary changes to a hearing under this section. S.M. 1997, c. 48, s. 21 ; S.M. 2023, c. 26, s. 38 ; S.M. 2023, c. 34, s. 50 . Extension of temporary guardianship 41 A judge or associate judge may extend an order of temporary guardianship for a period not exceeding 24 months. An order of temporary guardianship may be extended one or more times. S.M. 2023, c. 26, s. 39 ; S.M. 2024, c. 36, s. 21 . Child in care of the agency appearing 42 The judge or associate judge making an order of guardianship must appoint as guardian either (a) the agency appearing at the hearing; or (b) another agency or an Indigenous service provider if the agency appearing files that other agency's or the service provider's consent. S.M. 2023, c. 34, s. 50 ; S.M. 2024, c. 36, s. 22 . Appeal from order of associate judge 43(1) An order of an associate judge under this Part may be appealed to a judge of the Court of King's Bench of Manitoba (Family Division) within 21 days from the date on which the associate judge signed the order appealed against or within such further time as a judge of that court may allow. Notice of appeal from associate judge 43(2) A true copy of a notice of appeal filed under subsection (1) shall be served personally or by registered mail or by such other means as a judge may direct within 10 days from the date of filing thereof upon (a) all parties affected thereby; and (b) the director. Hearing de novo 43(3) An appeal under subsection (1) shall be a hearing de novo. S.M. 1987-88, c. 34, s. 2 ; S.M. 1997, c. 48, s. 22 ; S.M. 2023, c. 34, s. 50 . Appeal from order of a judge 44(1) An order of a judge under this Part may be appealed to the Court of Appeal within 21 days from the date on which the judge signed the order appealed against. Extension of time for appeal 44(2) The time for appeal under subsection (1) may be extended by a judge of the Court of Appeal sitting in chambers if good cause is shown for the delay and if the child has not been placed for adoption. Filing and service of notice of appeal 44(3) Within 10 days from the date of the filing of the notice of appeal a true copy thereof shall be served personally or by registered mail or by such other means as the court may direct, upon (a) all parties affected thereby; and (b) the director. Status of child during appeal 44(4) Where a judge has found that a child is not in need of protection or made an order under clause 38(1)⁠(a) or (b) the agency shall release the child from its care and control in accordance with the terms of the order within 14 days of the date on which the judge pronounced the order, unless within that period it obtains from a judge of the Court of Appeal in chambers an order that the child remain in the care and control of the agency pending the disposition of the appeal. Effect of order of permanent guardianship 45(1) An order of permanent guardianship operates as an absolute termination of parental rights and obligations and the agency may, following the expiration of the allowable period of appeal under section 44, place the child for adoption in accordance with The Adoption Act . Termination of permanent guardianship on application 45(2) The agency having permanent guardianship of a child may apply to court for an order that the guardianship be terminated. Application by parents to terminate permanent guardianship 45(3) The parents of a child with respect to whom an order of permanent guardianship has been made may apply to court for an order that the guardianship be terminated if (a) the child has not been placed for adoption; and (b) one year has elapsed since the expiry of the parents' right to appeal from the guardianship order or, if an appeal was taken, since the appeal was finally disposed of. Order 45(4) A judge hearing the application under subsection (2) or (3) may (a) terminate the permanent order and return the child to the parents; or (b) terminate the permanent order and make an order under clause 38(1)⁠(a), (b) or (c); or (c) dismiss the application. Consent orders 45(4.1) A judge or associate judge may, without receiving further evidence, make an order under subsection (4) where (a) the agency that has permanent guardianship of the child consents; and (b) the parents of the child consent. Deemed consent 45(4.2) For the purpose of clause (4.1)⁠(b), a person is deemed to consent if (a) the person was served but does not appear at the hearing; or (b) an order was made dispensing with service on the person. No application for another year 45(5) Where the judge dismisses the application, the parents may not bring another application under subsection (3) until 1 year has elapsed from the dismissal. S.M. 1997, c. 47, s. 131 ; S.M. 1997, c. 48, s. 23 ; S.M. 2012, c. 40, s. 6 ; S.M. 2023, c. 26, s. 40 ; S.M. 2023, c. 34, s. 50 . Family member assuming care 46 Where prior to apprehension a member of the child's family had in fact assumed care and control of the child, that member has the same rights as a guardian under this Part. 47 [Repealed] S.M. 1989-90, c. 3, s. 10 . PART IV CHILDREN IN CARE Authority of the guardian 48 Where the director or an agency is the guardian of a child under this Act unless the guardianship is limited by the court, the director or agency shall (a) have the care and control of the child; (b) be responsible for the maintenance and education of the child; (c) act for and on behalf of the child; and (d) appear in any court and prosecute or defend any action or proceeding in which the child's status is or may be affected. 49(1) [Repealed] S.M. 2022, c. 30, s. 6 . Transfer of guardianship or supervision by director 49(2) The director may transfer (a) guardianship of a child from the agency having guardianship of the child to another agency; (b) an order of supervision of a child from the agency having supervision of the child to another agency. Agency may be regional office 49(2.1) For greater certainty, the agency to or from which guardianship or an order of supervision is transferred under this section may be a regional office. Consequences of transfer 49(3) Where a transfer is made under subsection (2), the agency to whose guardianship or supervision the child is transferred shall from the date of the transfer be deemed to be for all purposes the agency named in an order respecting the child. S.M. 2022, c. 30, s. 6 . Termination of guardianship 50(1) The guardianship of the director or an agency terminates when a ward marries or attains the age of majority. 50(2) [Repealed] S.M. 2026, c. 29, s. 4 . S.M. 1997, c. 48, s. 24 ; S.M. 2026, c. 29, s. 4 . Support after age of majority 50.1 For the purpose of assisting a young adult with the transition to independence, the director, or an agency with the written approval of the director, may continue to provide care and maintenance to the young adult if one of the following applied on the day immediately before the young adult's 18th birthday: (a) the young adult was receiving care under a kinship care agreement; (b) the young adult was receiving care under a customary care agreement; (c) the young adult was receiving care under a voluntary care agreement; (d) the young adult was receiving care under a voluntary surrender of guardianship agreement; (e) an agency was the young adult's temporary guardian; (f) an agency was the young adult's permanent guardian. S.M. 2026, c. 29, s. 5 . Removal of child 51(1) An agency may at any time remove a child in its care from the person with whom the child was placed, if the agency considers that it is in the child's best interests to do so. 51(2) [Repealed] S.M. 2023, c. 26, s. 41 . Foster parents may request review 51(3) When an agency decides to remove a child from a foster home under subsection (1) and the foster parents object in accordance with the regulations, the executive director of the agency shall review the matter in accordance with the regulations. Reconsideration by the authority 51(4) If the foster parents are not satisfied with the executive director's decision, they may ask the appropriate authority to reconsider the matter. The authority must do so in the manner and within the time period set out in the regulations and must (a) confirm the agency's decision; or (b) require the agency to return the child to the foster home or, if the child has not yet been removed, allow the child to remain in the home. 51(5) and (6) [Repealed] S.M. 2023, c. 26, s. 41 . Regulations 51(7) After engaging in consultation with authorities and other interested persons, the minister may make regulations respecting the procedure for determining reviews under subsection (3) and reconsiderations under subsection (4) and respecting any other matter that the minister considers necessary or advisable for the purpose of this section. Authority may recommend regulations 51(8) An authority may make recommendations to the minister about regulations and amendments to regulations under subsection (7). S.M. 2002, c. 35, s. 33 ; S.M. 2023, c. 26, s. 41 . 52 [Repealed] S.M. 1992, c. 28, s. 5 ; S.M. 2005, c. 3, s. 5 ; S.M. 2017, c. 8, s. 44 ; S.M. 2022, c. 43, Sch. B, s. 4 .

Apprehending a child who leaves placement 53(1) If a child — without the express permission of the agency, Indigenous service provider or person in charge of premises where the child is lawfully placed — leaves the premises or any other place where the child is permitted to be, a peace officer or other person may (with or without a warrant) apprehend the child and return them without delay to the premises where the child was lawfully placed or to an agency or Indigenous service provider. Warrant for apprehension 53(2) Upon application by a peace officer or an agency or Indigenous service provider, a judge, associate judge or justice of the peace, who is satisfied that a child has left any premises where the child is lawfully placed, may issue a warrant for the apprehension of the child so that the child may be returned to the premises where the child is lawfully placed or to such other premises as the agency or Indigenous service provider may designate. S.M. 2005, c. 8, s. 11 ; S.M. 2023, c. 34, s. 50 ; S.M. 2024, c. 36, s. 23 . Review by director 54 The director shall, during each 12 month period in care, review the placement, care and treatment of and the permanency plans for every child in the care of agencies. PART V 55 to 74 [Repealed] S.M. 1986-87, c. 19, s. 8 ; S.M. 1987-88, c. 34, s. 3 to 11; S.M. 1989-90, c. 90, s. 3 ; S.M. 1990-91, c. 12, s. 2 ; S.M. 1992, c. 28, s. 6 ; S.M. 1995, c. 22, s. 9 ; S.M. 1997, c. 47, s. 131 . PART VI CONFIDENTIALITY Proceedings open to media 75(1) All proceedings under Parts II and III, other than a proceeding under The Provincial Offences Act , shall be closed to the general public but shall be open to representatives of the press, radio and television unless the court, on application, is satisfied that the presence of such representatives would be manifestly harmful to any person involved in the proceedings. Proceedings open to public and media 75(1.1) With respect to a proceeding under The Provincial Offences Act pertaining to an offence under this Act, upon the application of a person who is involved in the proceeding or a portion of the proceeding, a court, where it is satisfied that conducting the proceeding or the portion in public would be harmful or injurious to the personal well-being of a person and that conducting the proceeding or portion in private would not be contrary to the public interest in the administration of justice, may, by order, direct (a) that the proceeding or the portion be closed to the public and conducted in private; and (b) that news reporters in attendance at the closed proceeding or portion not publish or broadcast evidence that is produced at or testimony that is given in the closed proceeding or portion. Reporting not to identify persons involved 75(2) No press, radio or television report of a proceeding under Part II or III shall disclose the name of any person involved in the proceedings as a party or a witness or disclose any information likely to identify any such person. Offence and penalty 75(3) A person violating subsection (2) commits an offence punishable on summary conviction and is liable, if an individual, to imprisonment for 2 years or to a fine of $5,000 or both and, if a corporation, to a fine of $50,000. Offence by an officer, etc. of corporation 75(4) Where a corporation is guilty of an offence under this section, any officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in, the commission of the offence, is party to and is also guilty of the offence and is liable to the penalties set out in subsection (3). S.M. 1989-90, c. 3, s. 11 and 12; S.M. 1997, c. 48, s. 25 ; S.M. 2013, c. 47, Sch. A, s. 121 ; S.M. 2021, c. 4, s. 6 . Meaning of access 76(1) A person who is given access to a record or an excerpted summary of a record under this section has, subject to subsection (19), the right (a) to examine the record or summary; or (b) to obtain a copy of the record or summary. Access with consent of subject 76(2) For purposes of this section, where a person is entitled to be given access to a record by virtue of the consent of another person who is the subject of the record, the agency which has custody or control of the record or the director may (a) prior to giving access to the person, require a written acknowledgement or other evidence of informed consent from the subject of the record; and (b) comply with the requirement to give access by giving access directly to the subject of the record rather than the person entitled to access. Records are confidential 76(3) Subject to this section, a record made under this Act is confidential and no person shall disclose or communicate information from the record in any form to any person except (a) where giving evidence in court; or (b) by order of a court; or (c) to the director or an agency; or (d) to a person employed, retained or consulted by the director or an agency; or (d.1) to the Advocate; or (d.2) where the disclosure is by the Advocate under The Advocate for Children and Youth Act ; or (d.3) where the disclosure or communication is required for the purpose of planning for or providing care, supports or services under a family support, kinship care, customary care or voluntary care agreement; or (e) by the director or an agency to another agency including entities out of the province which perform substantially the same functions as an agency where reasonably required by that agency or entity (i) to provide service to the person who is the subject of the record, or (ii) to protect a child; or (f) to a student placed with the director or an agency by contract or agreement with an educational institution; or (g) where a disclosure or communication is required for purposes of this Act; or (g.1) where a disclosure is authorized under Part 1 of The Protecting and Supporting Children (Information Sharing) Act , as long as the disclosure is not explicitly prohibited by another section of this Act; or (h) by the director or an agency for the purpose of providing to the person who is the subject of the record, services under Part 2 of The Adults Living with an Intellectual Disability Act , or for the purpose of an application for the appointment of a substitute decision maker under Part 4 of that Act. Disclosing information to plan or provide services 76(3.1) Subject to subsections (3.2), (3.3), and (12) to (17.1), the director, an authority or an agency may disclose, for the purpose of providing or planning for the provision of services under this Act, information from records made or obtained under this Act. No disclosure if contrary to child's best interest 76(3.2) A disclosure under subsection (3.1) is not permitted if it is contrary to the best interests of a child. Permitted disclosure under subsection (3.1) 76(3.3) A permitted disclosure of information under subsection (3.1) may (a) be made to any person or entity; and (b) include personal information or personal health information. Right of access 76(4) An adult is entitled to be given access to (a) their own record; and (b) the record of a child who is in the adult's legal care. Exceptions 76(5) Subsection (4) does not apply to (a) any part of a record which was made prior to the day this section comes into force and which discloses information provided by another person about the subject of the record, unless the other person consents to access being given; and (b) a record which relates to services provided under Part III; (c) [repealed] S.M. 1997, c. 47, s. 131 . Excerpted summary 76(6) Where the director or an agency refuses to give access to part of a record under clause (5)⁠(a), the director or agency shall, upon the written request of an adult person who would otherwise be entitled to be given access to that part of the record under subsection (4), provide the person with an excerpted summary of the information provided by the other person. Preparation of summary 76(7) Where an excerpted summary is provided under subsection (6), it shall be prepared by the person who provided the information, if that person is available and willing to do so, but otherwise it shall be prepared as directed by the director or agency. Restricted access 76(8) The director or an agency may refuse to give a person access to any part of a record referred to in subsection (4) where (a) there are reasonable grounds to believe that disclosure of that part might result in physical or serious psychological harm to another person; or (b) that part contains information which was provided by any person not employed by the director or an agency or appointed under this Act; or (c) that part discloses the identity of a person who is not employed by the director or an agency or appointed under this Act, and who has supplied information in confidence to the director or an agency for any purpose related to the administration or enforcement of this Act or the regulations; and the director or agency shall notify the person in writing of the reasons for refusing access to that part of the record. Information filed by person given access 76(9) A person given access to a record under subsection (4) is entitled to submit to the director or agency (a) a written objection respecting any error or omission of fact which the person alleges is contained in the record; and (b) a written objection to, or explanation or interpretation of, any opinion which has been expressed by another person about any person referred to in subsection (4) and which is contained in the record. Information becomes part of record 76(10) As of the date of its submission, any objection, explanation or interpretation submitted under subsection (9) becomes part of the record and shall not be destroyed, altered or removed therefrom. Correction of factual error 76(11) Where the director or agency is satisfied that a record referred to in subsection (9) contains an error or omission of fact, the director or agency shall cause the record to be corrected. Voluntary service records 76(12) Where the subject of a record is a person who has applied voluntarily to an agency for services under Part II and the agency has no reasonable grounds to believe that a child of that person, or a child who is under that person's guardianship or actual care and control, is in need of protection, the agency shall not disclose or communicate the contents of the record to any person outside the agency except (a) by order of a court; (b) in accordance with subsections (4) to (8); (c) subject to subsection (15), with the consent of the person who is the subject of the record, but only if the subject is an adult; or (d) to an Indigenous governing body or Indigenous service provider in accordance with Part VI.1. Transition to mandatory services 76(13) Where the agency referred to in subsection (12) subsequently believes on reasonable grounds that a child referred to in subsection (12) is in need of protection, the agency shall immediately give notice of that fact to the person who is the subject of the voluntary service record, and all information entered in the record after the date of the notice is subject to subsection (3). Closed records 76(14) Where a ward has reached the age of majority and the record of the wardship has been closed, the record shall be sealed in a separate file and stored in a safe depository, and information from the record shall not be disclosed to any person except (a) by order of a court; or (b) subject to subsection (8), to the subject of the record, but in the case of a record made before this section comes into force, the information shall be in the form of an excerpted summary; or (c) subject to subsection (15), with the consent of the person who is the subject of the record; or (d) in accordance with subsection (16); or (e) by the director in the course of carrying out searches of the post-adoption registry under The Adoption Act ; or (f) where disclosure is necessary for the safety, health or well-being of a person; or (g) where disclosure is necessary for the purpose of allowing a person to receive a benefit. Restricted access by other person 76(15) The right of access conferred by clauses (12)⁠(c) and (14)⁠(c) (a) does not apply to a record which was made prior to the day this section comes into force; and (b) is subject to subsection (8), with necessary modifications. Application to disclose record 76(16) Upon application by the director or an agency, the court may order that all or part of a record referred to in subsection (14) be opened or disclosed where there are reasonable grounds to believe that a child or sibling of the adult who is the subject of the record, or a child who is under that adult's actual care and control, is likely to suffer physical or serious psychological harm if the record is not opened or disclosed. Notice to adult 76(17) The director or an agency acting under subsection (16) shall give the adult 7 clear days notice of the hearing of the application unless a judge on application reduces the time of giving notice or dispenses with notice entirely on the grounds that a person mentioned in subsection (16) is in immediate danger. Disclosure to agencies, Indigenous service providers 76(17.1) For greater certainty, the director, an authority or an agency may disclose information from a closed record under clause (14)⁠(f) (disclosure necessary for safety, health or well-being) to another person or entity, including to an agency or an Indigenous service provider. An application to court under subsection (16) is not required. Access for research purposes 76(18) The director, or an agency with the director's written consent, may give a person access to all or part of a record for bona fide research or statistical purposes if the director or agency obtains from the person a written undertaking not to disclose the contents of the record or part thereof in any form which could reasonably be expected to identify any other person who is identified in the record, and (a) the other person consents to the giving of access; or (b) the director is satisfied that the research or statistical purpose cannot reasonably be achieved unless the record or part thereof is provided in a form which identifies the other person. Fees 76(19) A person who is given access to a record or an excerpted summary of a record under this section shall, prior to examining the record or summary or obtaining a copy thereof, pay to the agency which has custody or control of the record or to the director such fees as may be prescribed by regulation. Request for review 76(20) A person whose request for access to a record under this section has been refused in whole or in part, or who alleges that all or part of their record has been disclosed in contravention of this section or that there has been a failure to comply with subsection (9), may within 30 days of the refusal, or the alleged disclosure or failure to comply, request the director to review the matter and, subject to subsection (21), the decision of the director in the matter is final. Review from denial of access 76(21) A person who is denied access to all or part of a record by virtue of the director's decision under subsection (20) may apply for a further review or appeal of the matter in accordance with any law of general application in the province which provides a right of review or appeal to a court, or to any other person or agency outside the government and Crown agencies, on any question of access to records in the custody or under the control of government departments or Crown agencies. Retention, storage and destruction of records 76(22) Subject to subsection (14), an agency shall retain, store and destroy records made or obtained under this Act in accordance with the regulations. S.M. 1986-87, c. 19, s. 8 ; S.M. 1987-88, c. 34, s. 12 and 13; S.M. 1989-90, c. 3, s. 13 ; S.M. 1992, c. 28, s. 7 ; S.M. 1993, c. 29, s. 172 ; S.M. 1997, c. 47, s. 131 ; S.M. 1997, c. 48, s. 26 ; S.M. 2016, c. 17, s. 12 ; S.M. 2017, c. 8, s. 44 ; S.M. 2020, c. 21, s. 229 ; S.M. 2022, c. 30, s. 7 ; S.M. 2023, c. 19, s. 83 ; S.M. 2023, c. 26, s. 42 . PART VI.1 INDIGENOUS GOVERNING BODIES AND INDIGENOUS SERVICE PROVIDERS DIVISION 1 INTRODUCTORY PROVISIONS Definitions 76.1 The following definitions apply in this Part. "public body" has the same meaning as in The Freedom of Information and Protection of Privacy Act . (« organisme public ») "trustee" has the same meaning as in The Personal Health Information Act . (« dépositaire ») S.M. 2022, c. 30, s. 8 ; S.M. 2024, c. 36, s. 24 . Purposes 76.2 The purposes of this Part are (a) to facilitate collaboration with Indigenous governing bodies in the exercise of jurisdiction respecting child and family services; (b) to facilitate case management and the coordinated provision of services by agencies and Indigenous service providers; and (c) to ensure that an Indigenous service provider performing functions under an Indigenous law has the same access to information — namely, information contained in records made or obtained by the director or an agency or authority when providing services under this Act — as a person or entity that performs substantially the same functions under this Act or The Child and Family Services Authorities Act . S.M. 2022, c. 30, s. 8 . Director's powers and duties re mandated agencies 76.3 Despite section 18 of The Child and Family Services Authorities Act , (a) an authority does not assume the powers and duties of the director under this Part with respect to the agencies it has mandated; and (b) the powers and duties of the director under this Part do not cease with respect to those agencies. S.M. 2022, c. 30, s. 8 . DIVISION 2 SHARING INFORMATION Disclosing information to Indigenous child and family services 76.4 Subject to this Division, the director, an authority or an agency may disclose information from records made or obtained when providing services under this Act (a) to an Indigenous governing body that requires the information to make, implement or plan for the implementation of provisions respecting child and family services in an Indigenous law; or (b) to an Indigenous governing body, Indigenous service provider or any other person or entity for the purpose of (i) administering the federal Act, or (ii) administering provisions respecting child and family services in an Indigenous law. S.M. 2022, c. 30, s. 8 . Access to electronic information system 76.5(1) The director may enter into an arrangement with an Indigenous service provider to give it access to an electronic information system that (a) contains information from records made or obtained by the director, an agency or an Indigenous service provider when providing child and family services under this Act or an Indigenous law; and (b) is maintained or supported by the director for the purpose of facilitating case management and the coordinated provision of services. Arrangement may allow entry of information 76.5(2) The arrangement may allow the Indigenous service provider to enter information into the system from records made or obtained when providing child and family services under an Indigenous law. Arrangement may include terms and conditions 76.5(3) The arrangement may include any terms and conditions that the director considers appropriate. S.M. 2022, c. 30, s. 8 . Public bodies and trustees may disclose information 76.6 A public body or a trustee may disclose information to an Indigenous service provider that requests the information for the purpose of ensuring the safety, health or well-being of a child. S.M. 2022, c. 30, s. 8 . Personal information and personal health information may be included 76.7 Disclosures under this Division, including those made by providing access to an electronic information system under section 76.5, may include personal information and personal health information. S.M. 2022, c. 30, s. 8 . Adoption records remain confidential 76.8 Nothing in this Part affects the application of subsection 103(1) of The Adoption Act . Information in records referred to in that subsection may be accessed or disclosed only in accordance with that Act. S.M. 2022, c. 30, s. 8 . Director may direct disclosure 76.9(1) The director may issue a written directive to one or more agencies or authorities (a) requiring them to disclose information under section 76.4; or (b) imposing terms or conditions on their disclosure of information under section 76.4. Authority may direct disclosure 76.9(2) An authority may issue a written directive to one or more agencies that it has mandated (a) requiring them to disclose information under section 76.4; or (b) imposing terms or conditions on their disclosure of information under section 76.4. Compliance required 76.9(3) An agency or authority to which a directive is issued under subsection (1) or (2) must comply with it. Directive prevails 76.9(4) If there is a conflict or an inconsistency between a directive issued by the director and a directive issued by an authority, the directive issued by the director prevails to the extent of the conflict or inconsistency. S.M. 2022, c. 30, s. 8 . Disclosure required under coordination agreement 76.10 If a coordination agreement, as defined in the federal Act, requires an authority or an agency to disclose information in a record made or obtained when providing services under this Act, it must do so in accordance with the agreement. S.M. 2022, c. 30, s. 8 . Further use or disclosure by Indigenous governing body or Indigenous service provider 76.11 The following rules apply when an Indigenous governing body or Indigenous service provider further uses or discloses information that is disclosed to it under this Division or subsection 76(17.1): (a) the Indigenous governing body or Indigenous service provider must comply with the prohibitions in subsection 18.1(2) on disclosing the identity of an informant; (b) subsections 76(3) to (13) and (18) to (22) do not apply to the information, or to records containing the information that are made or obtained by the Indigenous governing body or Indigenous service provider; (c) subsections 76(14) to (17.1) continue to apply to closed records that are obtained or accessed by the Indigenous governing body or Indigenous service provider and to information from closed records that is disclosed to the Indigenous governing body or Indigenous service provider. S.M. 2022, c. 30, s. 8 . Information disclosed by Indigenous service provider to director, authority or agency 76.12(1) Despite section 76, information is confidential and must not be disclosed except in accordance with this section if (a) it is contained in an electronic information system referred to in section 76.5 or in another record made or obtained by the director, an authority or an agency when providing services under this Act; (b) it was entered into the information system, or otherwise disclosed to the director, authority or agency, by an Indigenous service provider; and (c) it was made or obtained by the Indigenous service provider when providing child and family services under an Indigenous law. Circumstances when disclosure permitted 76.12(2) Information described in subsection (1) may be disclosed only (a) when required to administer this Act, the federal Act or an Indigenous law; (b) when reasonably required to provide or to plan for the provision of child and family services to the person the information is about or who is the subject of the record containing the information; (c) when reasonably required to protect a child; (d) when required in order to give evidence in court; (e) by order of a court; or (f) for research purposes in accordance with subsection (3). Disclosure for research purposes 76.12(3) The director, or an agency with the director's written authorization, may disclose information described in subsection (1) to a person for research purposes if (a) the Indigenous service provider that disclosed the information has authorized the disclosure by the director or agency; and (b) the director or agency obtains from the person a written undertaking not to disclose any personal information or personal health information that is included in the information disclosed to the person under this section. Further disclosure by Indigenous service provider 76.12(4) For greater certainty, this section does not restrict further disclosures of the information by the Indigenous service provider that entered it into the electronic information system or otherwise disclosed it to the director, authority or agency. S.M. 2022, c. 30, s. 8 . Application of section 85 76.13 For the purpose of section 85 (proceedings prohibited), (a) giving access to a record under this Act includes (i) the disclosure of information under subsection 76(17.1) or section 76.4, 76.10 or 76.12, and (ii) providing access to an electronic information system under section 76.5; and (b) consequences that flow from such access include the further use or disclosure of the information by an Indigenous governing body or Indigenous service provider. S.M. 2022, c. 30, s. 8 . DIVISION 3 ACCESSING AND REPORTING NAMES FOR ENTRY IN THE CHILD ABUSE REGISTRY Access to child abuse registry 76.14(1) Subject to subsections (2) to (4) and despite subsection 19.3(1), an Indigenous service provider, on application to the director, must be given access to the child abuse registry established under section 19.1 if the director is satisfied that the access is reasonably required to assist the service provider (a) in determining whether a child is in need of protection; (b) in assessing any person who provides work for or services to the Indigenous service provider, or who applies or proposes to provide work for or services to the service provider; or (c) in assessing an adoptive applicant. Manner of giving access to registry 76.14(2) Subject to subsection (3), an application for access to the registry must be submitted to the director whenever a search of the registry is required. If the application is approved, the director must conduct the search and report the results to the applicant. Ongoing access to registry 76.14(3) On application and subject to any terms and conditions the director considers advisable, the director may give an Indigenous service provider direct ongoing access to the registry for one or both of the following purposes: (a) conducting its own searches under clause (1)⁠(a) (child protection investigations); (b) conducting its own searches under clause (1)⁠(b), when access is urgently required to assess a person who provides work for or services to the Indigenous service provider on a temporary and urgent basis, such as by providing an emergency placement. Searches by director still required 76.14(4) For greater certainty, an Indigenous service provider that has been given direct ongoing access to the registry for a purpose set out in subsection (3) must continue to apply to the director each time it requires a search of the registry for another purpose. Access restricted 76.14(5) An Indigenous service provider may be given access to the registry only in accordance with this section and not under Division 2. Disclosure by Indigenous service provider 76.14(6) Despite subsection 19.3(1) and section 76, an Indigenous service provider may disclose information given to it under this section but only for the purpose of protecting a child. Disclosure without consent 76.14(7) An Indigenous service provider may disclose information under subsection (6) to any person or entity without the consent of any person. S.M. 2022, c. 30, s. 8 . Definition of "abuse" 76.15 Despite any definition of "abuse" adopted by an Indigenous service provider or under an Indigenous law, the definition of "abuse" in subsection 1(1) applies in sections 76.16 to 76.18. S.M. 2022, c. 30, s. 8 . Report of name for entry in registry 76.16(1) Subject to subsection (2) and section 76.17, an Indigenous service provider who determines that a person has abused a child may report the person's name and the circumstances of the abuse to the director for entry in the registry established under section 19.1. Notice of intent to register 76.16(2) Before making the report, the Indigenous service provider must give written notice of the following to the persons referred to in subsection (3): (a) the service provider's determination; (b) the service provider's intention to report the name of the person to the director for entry in the registry; (c) the circumstances the service provider intends to report to the director; (d) the right to object under section 76.17. Persons to be given notice 76.16(3) The notice must be given to the following persons: (a) the person whose name is intended to be reported, if the person is 12 years of age or older; (b) the person's parent or guardian, or the person's care provider as defined in the federal Act, if the person has not reached the age of majority; (c) the child, if the child is at least 12 years old, and the child's parent or guardian or the child's care provider as defined in the federal Act; (d) the director. S.M. 2022, c. 30, s. 8 . Objection to entry in registry 76.17(1) A person who is the subject of an intended report under section 76.16 may object to the entry of the person's name in the registry. Applicable procedure 76.17(2) Subsections 19(3.3) to (3.7) apply with necessary changes to an objection, subject to the following: (a) clause 19(3.3)⁠(b) is to be read as follows: (b) serving a true copy of the notice of application on the Indigenous service provider and the director. (b) in subsection 19(3.4) and clauses 19(3.6)⁠(c) and (d), references to the "agency" are to be read as references to the "Indigenous service provider"; (c) subsection 19(3.6) is to be read as having clause (a) replaced with the following: (a) the parties to the proceeding are the person who is the subject of an intended report under section 76.16 ("the applicant") and the Indigenous service provider that intends to make the report; (a.1) the Indigenous service provider has the burden of proof on the balance of probabilities; Reporting decision 76.17(3) The Indigenous service provider must report the decision of the court in respect of an objection to the director. S.M. 2022, c. 30, s. 8 . Entry in registry 76.18 On receiving a report from the Indigenous service provider that no application has been filed in respect of an objection within the 60-day period that applies under subsection 19(3.3) as changed by subsection 76.17(2) or that the person was found in court under subsection 19(3.7) to have abused a child, the director must enter the name of the person and the circumstances of the abuse in the registry. S.M. 2022, c. 30, s. 8 . DIVISION 4 TRANSFER OF GUARDIANSHIP OR SUPERVISION Transfer of guardianship or supervision by director 76.19(1) The director may transfer (a) guardianship of a child from the agency having guardianship of the child to an Indigenous service provider that is assuming care of the child; and (b) an order of supervision of a child from the agency having supervision of the child to an Indigenous service provider. Agency may be regional office 76.19(2) For greater certainty, the agency from which guardianship or an order of supervision is transferred under this section may be a regional office. Consent required 76.19(3) The director must obtain the written consent of the Indigenous service provider before making a transfer under this section. Consequences of transfer 76.19(4) From the date that a transfer under this section is made by the director, the Indigenous service provider is deemed to be for all purposes the guardian named in the surrender of guardianship, or the guardian or supervisor named in the order, as the case may be. S.M. 2022, c. 30, s. 8 . Application to terminate permanent guardianship 76.20(1) An Indigenous service provider having permanent guardianship of a child may apply to court for an order terminating the guardianship. Order 76.20(2) A judge hearing the application may, by order, (a) terminate the permanent guardianship and return the child to the parents; (b) terminate the permanent guardianship and make an order under Indigenous law; or (c) dismiss the application. Consent order 76.20(3) When the parents and the Indigenous service provider consent, a judge or associate judge may make an order under this section without receiving further evidence, and a person who was served but does not appear at the hearing, or with respect to whom an order was made dispensing with service, is deemed to consent. S.M. 2024, c. 36, s. 25 . DIVISION 5 TERMINATION OF SUPERVISION OR GUARDIANSHIP BY DIRECTOR Termination of supervision or guardianship by director 76.21(1) In accordance with this section, the director may terminate (a) an order of supervision; or (b) the guardianship of a child held by an agency. When director may terminate 76.21(2) The director may terminate an order of supervision or the guardianship of a child if (a) an Indigenous law applies to the child; (b) the Indigenous service provider that provides child and family services under the Indigenous law seeks termination of the order of supervision or the guardianship; and (c) the director and the Indigenous service provider specify, in writing, the date on which the order of supervision or the guardianship is to terminate. Effect of termination 76.21(3) On the date specified under clause (2)⁠(c), (a) in the case of an order of supervision, the order of supervision is terminated; (b) in the case of a guardianship, the agency ceases to be the guardian of the child and any order of guardianship under subsection 38(1) is terminated; and (c) subject to the Indigenous law applicable to the child, any parental rights and obligations that had been terminated under this Act are revived. Director to give notice 76.21(4) Subject to subsection (5), when an order of supervision or the guardianship of a child is terminated under this section, the director must ensure that the following parties are notified of the termination: (a) the agency that is named in the order of supervision or that has guardianship of the child; (b) if an order of supervision or guardianship made under subsection 38(1) is terminated, the court; (c) the parents of the child; (d) if the child is 12 years of age or older, the child. Parents deceased or cannot be located 76.21(5) If the parents of the child are deceased or cannot be located, the director must inform the Indigenous service provider that notice was not given to the parents and indicate the reason why. S.M. 2026, c. 29, s. 6 . PART VII 77 to 81 [Repealed] S.M. 1997, c. 48, s. 27 and 28; S.M. 2006, c. 30, s. 2 to 4; S.M. 2022, c. 15, Sch. A, s. 106 ; S.M. 2023, c. 26, s. 43 and 44. PART VIII GENERAL Foreign orders 82(1) Where by an order made by a court of competent jurisdiction in any other province or territory of Canada or in any other state or country, lawful parental rights and responsibilities in respect of a child have been legally vested in any person, organization, province, state, country or legal representative thereof, the order so made shall for all purposes in Manitoba have the same force and effect as if made under this Act. Effect of foreign documents 82(2) Any statement, consent, declaration or similar document made in writing by the person, organization, province, state, country or legal representative thereof in whom or in which lawful parental rights and responsibilities have been legally vested by an order referred to in subsection (1) shall for all purposes in Manitoba have the same force and effect as if made under this Act. Immigrant children 83 The minister, director or an agency may enter into an agreement with the Government of Canada or a minister or person authorized for the purpose by the Government of Canada to provide for the placing of children who have been brought into the province from another country for the purpose of settlement. Sale of child — offence 84 Any person who gives or receives or agrees to give or to receive any payment or reward either directly or indirectly in consideration for (a) the purported sale of a child for any purpose; or (b) procuring or assisting in procuring the purported sale of a child for any purpose; is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000. or imprisonment for a term of not more than 24 months, or both. S.M. 2005, c. 3, s. 6 . Proceedings prohibited 85 No proceeding lies against the director, any person employed by the director or an agency, any person appointed under this Act, or the government, for (a) the giving of access in good faith to any record under this Act; or (b) any consequences which flow from such access; or (c) the failure to give any notice required under this Act with respect to access to records, if reasonable care was taken to give the required notice. Regulations 86 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders, not inconsistent with any other provision of this Act, (a) prescribing forms for the purposes of this Act; (a.1) respecting notices under subsection 2.9(1), including the form and manner in which a notice is given; (a.2) defining "significant measure" for the purpose of subsection 2.9(1); (a.3) further defining "child and family services" for the purpose of this Act; (b) providing for or respecting the classification, establishment, designation, regulation, registration and licensing of child care facilities including, without limitation, (i) respecting the conditions to be met and maintained to obtain, retain, or renew a licence, (ii) respecting the suspension and cancellation of licences, and (iii) respecting the keeping of records, the inspection of facilities and records, and the information, documents or reports that child care facilities or classes of child care facilities are required to submit to the director, and the frequency of such submissions; (c) prescribing the conditions under which day care for children may be provided; (d) prescribing functions of, duties of, or actions to be taken by the director; (e) prescribing fees under this Act; (f) prescribing standards for the operation of treatment centres; (g) establishing guidelines for determining the amount of maintenance to be paid for a child by a parent or guardian of the child under an agreement under this Act; (g.1) prescribing financial information to be provided or filed by a parent or guardian under a provision of this Act; (h) prescribing the action to be taken by the director or an agency upon notification of a child being in need of protection; (i) prescribing procedures for the maintenance and operation of registries established pursuant to this Act; (j) [repealed] S.M. 1997, c. 47, s. 131 ; (k) establishing agencies; (k.1) respecting the qualifications to be met by persons who provide services to or for agencies; (k.2) respecting reporting critical incidents under Part I.2, including the contents of reports, the time periods for reporting, and the form and manner of reporting; (k.3) respecting the supports and services that may be provided under family support, kinship care, customary care and voluntary care agreements; (k.4) respecting safety standards and other requirements for kinship care homes and customary care homes and authorizing an agency to waive or vary those requirements and prescribing conditions for doing so; (k.5) respecting safety standards and other requirements for kinship caregivers, customary caregivers and other persons who provide supports and services under kinship care agreements and customary care agreements, and authorizing an agency to waive or vary those requirements and prescribing conditions for doing so; (k.6) respecting the form and content of an agreement made under Part II; (l) [repealed] S.M. 1997, c. 47, s. 131 ; (m) respecting the services to children and families pursuant to section 10; (m.1) respecting requests and statements under section 15.1, including information that must be included in a statement and the form a statement must take; (n) [repealed] S.M. 1997, c. 48, s. 29 ; (o) respecting access to information contained in the files of the director, an agency or a reporting entity; (o.1) respecting the retention, storage and destruction of records in the custody or control of an agency or a reporting entity; (p) prescribing provisions to be contained in the by-laws of an agency; (q) prescribing placement procedures with respect to children; (r) respecting the establishment of child abuse committees by agencies and prescribing their procedures; (r.1) prescribing the procedures of an agency under subsection 19(3.2); (s) [repealed] S.M. 1997, c. 48, s. 29 ; (t) respecting procedures applicable to reporting information under section 18 and to actions by the director, an agency or a reporting entity upon receipt of such information; (t.1) respecting collaborative investigations under clause 18.4(1)⁠(c), including establishing criteria as to when such an investigation may be undertaken, requiring a prior written agreement between the parties, and related matters; (u) [repealed] S.M. 1998, c. 6, s. 12 ; (v) prescribing offences excluded from the application of section 19; (w) designating one or more organizations, agencies or persons as reporting entities for the purpose of receiving reports of child sexual abuse and exploitation material under subsection 18(1.0.1); (x) respecting arrangements to access an electronic information system under section 76.5; (y) respecting reports to the director under section 76.16, including the form and contents of the reports and the manner in which they are made. S.M. 1987-88, c. 68, s. 2 and 3; S.M. 1989-90, c. 3, s. 14 ; S.M. 1989-90, c. 90, s. 3 ; S.M. 1992, c. 28, s. 8 ; S.M. 1996, c. 4, s. 6 ; S.M. 1997, c. 47, s. 131 ; S.M. 1997, c. 48, s. 29 ; S.M. 1998, c. 6, s. 12 ; S.M. 2008, c. 9, s. 9 ; S.M. 2014, c. 33, s. 4 ; S.M. 2022, c. 30, s. 9 ; S.M. 2023, c. 26, s. 45 ; S.M. 2024, c. 36, s. 26 ; S.M. 2026, c. 37, s. 9 . Conflict with The Freedom of Information and Protection of Privacy Act 86.1 If a provision of this Act is inconsistent or in conflict with a provision of The Freedom of Information and Protection of Privacy Act , the provision of this Act prevails. S.M. 1997, c. 50, s. 88 . Repeal 87(1) The Child Welfare Act , being chapter 30 of the Statutes of Manitoba, 1974 (chapter C80 of the Continuing Consolidation of the Statutes of Manitoba ), is repealed. 87(2) [Repealed] S.M. 2024, c. 36, s. 27 . S.M. 2024, c. 36, s. 27 . 88 [Repealed] S.M. 2024, c. 36, s. 28 . Reference in Continuing Consolidation 89 This Act may be referred to as chapter C80 of the Continuing Consolidation of the Statutes of Manitoba . Commencement of Act 90 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1985-86, c. 8, came into force by proclamation on March 1, 1986, except for subsections 74(2) and 76(1), (2), and (4) to (22), which came into force by proclamation on April 1, 1986.