Mandating child life services

Child's views may be considered 2(3) In any court proceeding under this Act, a judge or master 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. Child 12 years of age to be advised 2(2) In any proceeding under this Act, a child 12 years of age or more is entitled to be advised of the proceedings and of their possible implications for the child and shall be given an opportunity to make his or her views and preferences known to a judge or master making a decision in the proceedings. Oath of staff 8.1(19) Every person employed under, or acting as a delegate of, the children's advocate shall, before beginning to perform his or her duties, take an oath before the children's advocate to not divulge, except as provided in this Act, any information received by him or her under this Act. Oath of office 8.1(18) Before beginning to perform his or her duties, the children's advocate shall take an oath before the Speaker of the Assembly or the Clerk of the Assembly to faithfully and impartially perform the duties of office and to not, except as provided in this Act, divulge any information received by him or her under this Act. 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. 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. 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. 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.

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Best interests 2(1) The best interests of the child shall be the paramount consideration of the director, an authority, the children's advocate, an agency and a court in all proceedings under this Act affecting a child, other than proceedings to determine whether a child is in need of protection, and in determining best interests the child's safety and security shall be the primary considerations.

In that case, (a) as of the date specified in the resolution, the agency is no longer mandated to provide those services; (b) the authority shall ensure the transfer to another agency of all responsibilities, obligations and duties towards any child who is a ward of the agency or under apprehension by the agency or for whom the agency had undertaken to provide care and treatment; and (c) despite The Corporations Act or the provisions of the agency's articles of incorporation or by-laws, the assets and liabilities of the agency shall be assumed by the authority, unless there is an agreement between the authority and the agency to the contrary.

Withdrawing mandate from an agency 6.5(1) An authority may, by resolution, withdraw from an agency its mandate to provide child and family services to persons for whom the authority is responsible to provide services. Effective date of order 6.6(3) The rates fixed under subsection (1) or (2) shall be effective on such date as may be fixed by the order of the minister which date may be retroactive. 6.6(4) Where a rate for a service under this Act has not been fixed by the minister or where emergency services are provided, the minister shall determine what is the reasonable amount to be paid.

Employees under children's advocate 8.1(17) The Civil Service Act applies to persons employed under the children's advocate.

Privileges and perquisites of office 8.1(16) The children's advocate is entitled to the privileges and perquisites of office, including holidays, vacations, sick leave and severance pay, of a member of the civil service who is not covered by a collective agreement.

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