Acts and Regulations

F-2.2 - Family Services Act

Full text
Protective care of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
32Repealed: 2023, c.36, s.13
1995, c.43, s.3; 1997, c.2, s.6; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Protective care of child
32(1)The Minister shall place a child under protective care in any of the following circumstances if the Minister has reasonable and probable grounds to believe that the security or development of the child can not be protected adequately other than by placing the child under protective care:
(a) the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made;
(b) the child is abandoned, deserted or lost;
(c) the child is a runaway, as defined in subsection 31(6);
(d) the parent of the child requests the emergency placement of the child; or
(e) the security or development of the child is otherwise seriously and substantially in danger for any reason.
32(1.2)Where the Minister places a child under protective care under subsection (1), the Minister shall comply with subsection 51(1).
32(2)Where the Minister places a child under protective care he shall make adequate provision for his care, and he may
(a) remove the child from the home and place the child in another home or in such other location as in the Minister’s opinion is suitable;
(b) arrange for medical examination and treatment of the child without the consent of any person;
(c) return the child to the care of the parent
(i) pending a court determination, or
(ii) if there is no longer any need for protective care; or
(d) leave the child in his own home and may provide social services when the provision of social services is adequate to ensure his proper care.
32(3)Where the Minister determines to leave the child in his home pursuant to paragraph (2)(d) and the social service provided includes the services of a homemaker, the direction of the Minister to any person to provide homemaking services in the home is sufficient authority to that person to
(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 activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; and
(d) exercise reasonable control and discipline over the child;
and if the person acts in good faith and with reasonable care in the circumstances no liability attaches to that person with respect to any injury or damage arising out of the presence of that person in the home.
1995, c.43, s.3; 1997, c.2, s.6; 2016, c.37, s.66; 2019, c.2, s.54
Protective care of child
32(1)The Minister of Families and Children shall place a child under protective care in any of the following circumstances if the Minister has reasonable and probable grounds to believe that the security or development of the child can not be protected adequately other than by placing the child under protective care:
(a) the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made;
(b) the child is abandoned, deserted or lost;
(c) the child is a runaway, as defined in subsection 31(6);
(d) the parent of the child requests the emergency placement of the child; or
(e) the security or development of the child is otherwise seriously and substantially in danger for any reason.
32(1.2)Where the Minister places a child under protective care under subsection (1), the Minister shall comply with subsection 51(1).
32(2)Where the Minister places a child under protective care he shall make adequate provision for his care, and he may
(a) remove the child from the home and place the child in another home or in such other location as in the Minister’s opinion is suitable;
(b) arrange for medical examination and treatment of the child without the consent of any person;
(c) return the child to the care of the parent
(i) pending a court determination, or
(ii) if there is no longer any need for protective care; or
(d) leave the child in his own home and may provide social services when the provision of social services is adequate to ensure his proper care.
32(3)Where the Minister determines to leave the child in his home pursuant to paragraph (2)(d) and the social service provided includes the services of a homemaker, the direction of the Minister to any person to provide homemaking services in the home is sufficient authority to that person to
(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 activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; and
(d) exercise reasonable control and discipline over the child;
and if the person acts in good faith and with reasonable care in the circumstances no liability attaches to that person with respect to any injury or damage arising out of the presence of that person in the home.
1995, c.43, s.3; 1997, c.2, s.6; 2016, c.37, s.66
Protective care of child
32(1)The Minister shall place a child under protective care in any of the following circumstances if the Minister has reasonable and probable grounds to believe that the security or development of the child can not be protected adequately other than by placing the child under protective care:
(a) the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made;
(b) the child is abandoned, deserted or lost;
(c) the child is a runaway, as defined in subsection 31(6);
(d) the parent of the child requests the emergency placement of the child; or
(e) the security or development of the child is otherwise seriously and substantially in danger for any reason.
32(1.2)Where the Minister places a child under protective care under subsection (1), the Minister shall comply with subsection 51(1).
32(2)Where the Minister places a child under protective care he shall make adequate provision for his care, and he may
(a) remove the child from the home and place the child in another home or in such other location as in the Minister’s opinion is suitable;
(b) arrange for medical examination and treatment of the child without the consent of any person;
(c) return the child to the care of the parent
(i) pending a court determination, or
(ii) if there is no longer any need for protective care; or
(d) leave the child in his own home and may provide social services when the provision of social services is adequate to ensure his proper care.
32(3)Where the Minister determines to leave the child in his home pursuant to paragraph (2)(d) and the social service provided includes the services of a homemaker, the direction of the Minister to any person to provide homemaking services in the home is sufficient authority to that person to
(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 activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; and
(d) exercise reasonable control and discipline over the child;
and if the person acts in good faith and with reasonable care in the circumstances no liability attaches to that person with respect to any injury or damage arising out of the presence of that person in the home.
1995, c.43, s.3; 1997, c.2, s.6
Protective care of child
32(1)The Minister shall place a child under protective care in any of the following circumstances if the Minister has reasonable and probable grounds to believe that the security or development of the child can not be protected adequately other than by placing the child under protective care:
(a) the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made;
(b) the child is abandoned, deserted or lost;
(c) the child is a runaway, as defined in subsection 31(6);
(d) the parent of the child requests the emergency placement of the child; or
(e) the security or development of the child is otherwise seriously and substantially in danger for any reason.
32(1.2)Where the Minister places a child under protective care under subsection (1), the Minister shall comply with subsection 51(1).
32(2)Where the Minister places a child under protective care he shall make adequate provision for his care, and he may
(a) remove the child from the home and place the child in another home or in such other location as in the Minister’s opinion is suitable;
(b) arrange for medical examination and treatment of the child without the consent of any person;
(c) return the child to the care of the parent
(i) pending a court determination, or
(ii) if there is no longer any need for protective care; or
(d) leave the child in his own home and may provide social services when the provision of social services is adequate to ensure his proper care.
32(3)Where the Minister determines to leave the child in his home pursuant to paragraph (2)(d) and the social service provided includes the services of a homemaker, the direction of the Minister to any person to provide homemaking services in the home is sufficient authority to that person to
(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 activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; and
(d) exercise reasonable control and discipline over the child;
and if the person acts in good faith and with reasonable care in the circumstances no liability attaches to that person with respect to any injury or damage arising out of the presence of that person in the home.
1995, c.43, s.3; 1997, c.2, s.6