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F-2.2
- Family Services Act
Detailled Table of Contents
Document at 3 July 2012
Family Services Act
1
Definitions
2
Repealed
3
Authority of Minister
4
Minister as legal representative and trustee
4.1
Delegation of trustee powers and duties to Public Trustee
5
Contracts with Crown in right of Canada
6
Consideration of wishes of child
7
Role of Minister in custody proceedings
7.1
Appointment of counsel
8
Court may order examination or evaluation
8.1
Parties to pay cost of examination or evaluation
9
Admissibility of evidence taken on previous proceeding
10
Confidential nature of proceedings
11
Confidentiality of information
11.1
Requirement to provide information
11.2
No provision of...
11.3
If a provision...
12
Offence to obstruct or interfere with Minister
13
Minister may prohibit contact with child
13.1
Consent or agreement of minor
14
Repealed
15
Repealed
I
PROVISION OFCOMMUNITY SOCIAL SERVICES
16
Contracts for provision of social services
17
Provision of social services
18
Contract with third party
19
Contract to purchase social services from government, agency or person
20
Authority of Minister respecting social services
21
Resources provided only by contract
22
Investigation of community social services agency
22.1
Deemed payment under Social Welfare Act
II
COMMUNITY PLACEMENT RESOURCES
23
Definitions
24
Authority of Minister respecting community placement resources
25
Minister may enter into contracts
26
Approval of Minister required
27
Investigation of community placement resources
28
Powers of court on conviction of operator
29
Repealed
29.1
Deemed payment under Social Welfare Act
III
PROTECTION SERVICES
29.2
Voluntary protection services
30
Duty to report child abuse
30.1
Release of information
31
Security or development of child endangered
31.1
Plan for care of a child
32
Protective care of child
33
Where a child...
34
Neglected or abused adult
35
Investigation with respect to neglected or abused adult
35.1
Disclosure of information by professional person
36
Removal and detention of offending person
36.1
Consideration of wishes of neglected or abused adult
37
Authority of Minister with respect to neglected or abused adult
37.1
Protective care of person
37.2
Application for order where adult is discharged from psychiatric facility
37.3
An application made...
38
Application to court
39
Powers of court
40
Order for hospitalization
41
Right to appeal from order or decision
42
Appeal procedure and powers of court
IV
CHILDREN IN CARE
43
Definitions
44
Custody and guardianship agreements
45
Responsibilities of Minister for child in care
46
Foster parent agreements
47
Agreements with other government, person or agency
48
Custody agreement between parent and Minister
49
Termination of guardianship agreement
50
Repealed
51
Application where security or development of child endangered
51.01
Adjournment to permit mediation, family group conference
51.1
Application by parent for review of protective care
52
Procedure before hearing of application
53
Powers and responsibilities of court
54
Supervisory order
55
Custody order
56
Guardianship order
57
Order authorizing placement in place of safety
58
Protective intervention order
59
Appeal from order or decision
60
Review, variance or termination of order
61
Application to court to vary or terminate order or guardianship agreement
62
Order of extra-provincial court for transfer
63
Repealed
V
ADOPTION
64
Adoption to be made only under this Part
65
Adoption of child and adult
66
Any adult may adopt child
67
Application for adoption
68
Disclosure of information about prospective adopting parents
69
Only Minister or parent may place child for adoption
70
Placement for adoption
70.1
Placement agreement
71
Best interests of child
72
Agreement for financial or other assistance
73
Notice of private placement of child required
74
Assessment of adoption placement by Minister
74.1
Notice to adoption authority outside the Province
75
Adoption order
76
Adoption consent
77
Revocation of consent
78
Waiver of consent
79
Procedure on adoption application
80
Evidence and witnesses
81
Time for disposition of application
82
Disposition of application
83
Adoption order
84
Change in birth register
85
Effects of adoption order
86
Effect of subsequent adoption order
87
Domicile or residence requirements
88
Recognition of order in other jurisdiction
89
Appeal
90
Setting aside of adoption order
90.01
Openness agreement
90.1
For the purposes...
91
Records and documents confidential
92
Request for information
93
Repealed
94
Offences
95
Offences
95.1
Advertisement prohibited
VI
PARENTAGE OF CHILDREN
96
Parent and child relationship
97
Construction of instrument, Act or regulation
98
Jurisdiction of The Court of Queen’s Bench of New Brunswick
99
Civil nature of proceedings
100
Declaratory orders of parentage
101
Discharge or variance of order
102
Appeal
103
Presumptions of paternity
104
Written acknowledgement of parentage as evidence
105
Statutory declaration affirming natural father by a man and the mother
106
Statutory declaration affirming natural father by a man
107
Statement respecting order or judgment to Registrar General of Vital Statistics
108
Certified copy as evidence
109
Limitation on construction
110
Leave to obtain blood and other tests as evidence
VII
SUPPORT OBLIGATIONS, CUSTODYAND ACCESS
111
Definitions
112
Support obligations of spouse, father and persons who have lived together
113
Support obligation of parent
114
Support obligation of person with respect to parent
115
Application for support of dependant
115.1
Priority of order for child support or order for the support of a child at or over the age of majority
116
Orders of court
117
Effect of action for divorce and termination of marriage
118
Discharge, variance, suspension of support order
119
Order restraining disposition or wasting of assets
120
Admissibility of evidence of means and assets
121
Repealed
121.1
Repealed
122
Order to provide address of proposed respondent
122.1
Provincial information banks
122.2
Repealed
122.3
Repealed
122.4
Repealed
122.5
Repealed
123
Repealed
123.1
Repealed
123.2
Repealed
123.3
Repealed
123.4
Repealed
124
The Court may...
125
Repealed
126
Repealed
126.1
Repealed
127
Joint and several liability of spouses for necessaries
128
Restraining order for spouse living separate and apart
129
Custody and access
130
Jurisdiction of court
130.1
Special jurisdiction
130.2
Order of extra-provincial tribunal
130.3
Order to supersede extra-provincial order – material change
130.4
Order to supersede extra-provincial order – serious harm
130.5
Obtaining extra-provincial evidence
130.6
Procedure on receiving extra-provincial request
130.7
Additional powers of punishment
130.8
Certified copy as evidence, judicial notice of law and decision
131
Order respecting conciliation services
131.1
Parties to pay cost of conciliation services
132
Ancillary terms of custody order
132.1
Order to apprehend child
132.2
Order to prevent removing child from Province
133
Appeals
134
Agreement filed with court
135
Enforcement of order
136
Repealed
137
Transitional provision
VIII
MISCELLANEOUS
138
Offences and penalties
139
Presumption respecting age of child
140
Certificate of Minister as evidence
141
Report, certificate or other document signed by Minister as evidence
141.1
Computation of time under the Act
142
Service of documents
142.01
Levy
142.1
Reimbursement for costs of social services
142.2
Authorization for payment of lawyer’s fees in relation to a claim under section 142.1
143
Regulations
ADOPTION ACT
144
Consequential amendments
CHILDREN OF UNMARRIED PARENTS ACT
145
Consequential amendments
CHILD WELFARE ACT
146
Consequential amendments
COMPENSATION FOR VICTIMSOF CRIME ACT
147
Consequential amendments
DAY CARE ACT
148
Consequential amendments
DESERTED WIVES AND CHILDRENMAINTENANCE ACT
149
Consequential amendments
DEVOLUTION OF ESTATES ACT
150
Consequential amendments
EVIDENCE ACT
151
Consequential amendments
EXTRA-PROVINCIAL CUSTODY ORDERSENFORCEMENT ACT
152
Consequential amendments
FATAL ACCIDENTS ACT
153
Consequential amendments
HOSPITAL SCHOOLS ACT
154
Consequential amendments
INTERPRETATION ACT
155
Consequential amendments
LEGITIMATION ACT
156
Consequential amendments
MARRIAGE ACT
157
Consequential amendments
MENTALLY RETARDED CHILDREN ACT
158
Consequential amendments
PARENTS’ MAINTENANCE ACT
159
Consequential amendments
SCHOOLS ACT
160
Consequential amendments
SPECIAL CARE HOMES ACT
161
Consequential amendments
WORKMEN’S COMPENSATION ACT
162
Consequential amendments
MIRAMICHI AUXILIARY HOME ACT
163
Consequential amendments
164
Commencement
SCHEDULE A