HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(a) by repealing the definitions of "aboriginal child" and "aboriginal community" and substituting the following:

"Indigenous child" means a child

(a) who is a First Nation child,

(b) who is a Nisga'a child,

(c) who is a Treaty First Nation child,

(d) who is under 12 years of age and has a biological parent who

(i) is of Indigenous ancestry, including Métis and Inuit, and

(ii) considers himself or herself to be Indigenous, or

(e) who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers himself or herself to be Indigenous; ,

(b) in the definition of "designated representative" by striking out "to the Nisga'a Lisims Government, a treaty first nation, an Indian band or aboriginal community" and substituting "to a First Nation, the Nisga'a Lisims Government, a Treaty First Nation or another Indigenous community",

(c) by adding the following definitions:

"First Nation" means any of the following:

(a) a band as defined in the Indian Act (Canada);

(b) an Indigenous legal entity prescribed by regulation;

"First Nation child" means a child who is a member or is entitled to be a member of a First Nation;

"First Nation land" means an area of land within which a First Nation has law-making authority; ,

(d) by repealing the definition of "Indian band", and

(e) by repealing the definition of "treaty first nation" and substituting the following:

"Treaty First Nation", in relation to a Treaty First Nation child, means the Treaty First Nation of which the child is a Treaty First Nation child; .

2 Section 2 is amended

(a) by adding the following paragraph:

(b.1) Indigenous families and Indigenous communities share responsibility for the upbringing and well-being of Indigenous children; , and

(b) by repealing paragraph (f) and substituting the following:

(f) Indigenous children are entitled to

(i) learn about and practise their Indigenous traditions, customs and languages, and

(ii) belong to their Indigenous communities; .

3 Section 3 is amended

(a) in paragraph (b) by striking out "aboriginal" in both places and substituting "Indigenous", and

(b) by adding the following paragraph:

(c.1) the impact of residential schools on Indigenous children, families and communities should be considered in the planning and delivery of services to Indigenous children and families; .

4 Section 4 (2) is repealed and the following substituted:

(2) If the child is an Indigenous child, in addition to the relevant factors that must be considered under subsection (1), the following factors must be considered in determining the child's best interests:

(a) the importance of the child being able to learn about and practise the child's Indigenous traditions, customs and language;

(b) the importance of the child belonging to the child's Indigenous community.

5 The heading to Part 2 is repealed and the following substituted:

Part 2 – Voluntary Services or Support for Families .

6 Section 5 (1) is repealed and the following substituted:

(1) A director may make a written agreement with the parent of a child for the provision of services or support to assist the family to care for the child.

(1.1) If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

(a) if the child is a First Nation child, the First Nation;

(b) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village;

(c) if the child is a Treaty First Nation child, the Treaty First Nation;

(d) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

(1.2) If, under subsection (1.1), a party is included in an agreement,

(a) the agreement must include

(i) a description of the party's role in the agreement, and

(ii) conditions on the use, disclosure and security of information provided under the agreement to the party, and

(b) a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

7 Section 6 is amended

(a) by adding the following subsections:

(2.1) If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

(a) if the child is a First Nation child, the First Nation;

(b) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village;

(c) if the child is a Treaty First Nation child, the Treaty First Nation;

(d) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

(2.2) If, under subsection (2.1), a party is included in an agreement, a withdrawal from the agreement by the party does not have the effect of terminating the agreement. , and

(b) in subsection (5) by adding the following paragraph:

(d) if, under subsection (2.1), a party is included in an agreement,

(i) a description of the party's role in the agreement, and

(ii) conditions on the use, disclosure and security of information provided under the agreement to the party.

8 Section 7 is amended by adding the following subsections:

(2.1) If a director makes an agreement under subsection (1) respecting an Indigenous child, the following may be included as a party to the agreement:

(a) if the child is a First Nation child, the First Nation;

(b) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village;

(c) if the child is a Treaty First Nation child, the Treaty First Nation;

(d) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

(2.2) If, under subsection (2.1), a party is included in an agreement, a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

9 Section 8 is amended

(a) in subsection (2) by striking out "person's care." and substituting "care of the person referred to in subsection (1).", and

(b) by adding the following subsections:

(3) If a director makes an agreement under subsection (1), the following may be included as a party to the agreement:

(a) the child's parent;

(b) in the case of the child being an Indigenous child,

(i) if the child is a First Nation child, the First Nation,

(ii) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village,

(iii) if the child is a Treaty First Nation child, the Treaty First Nation, or

(iv) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community.

(4) If, under subsection (3), a party is included in an agreement,

(a) the agreement must include

(i) a description of the party's role in the agreement, and

(ii) in the case of a party referred to in subsection (1) (b), conditions on the use, disclosure and security of information provided under the agreement to the party, and

(b) a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

10 Section 12.2 is amended by adding the following subsections:

(2.1) If a director makes an agreement under subsection (1) respecting a youth who is an Indigenous child, the following may be included as a party to the agreement:

(a) if the youth is a First Nation child, the First Nation;

(b) if the youth is a Nisga'a child, the Nisga'a Nation or the youth's Nisga'a Village;

(c) if the youth is a Treaty First Nation child, the Treaty First Nation;

(d) if the youth is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the youth's Indigenous community.

(2.2) If, under subsection (2.1), a party is included in an agreement,

(a) the agreement must include

(i) a description of the party's role in the agreement, and

(ii) conditions on the use, disclosure and security of information provided under the agreement to the party, and

(b) a withdrawal from the agreement by the party does not have the effect of terminating the agreement.

11 Section 16 is amended

(a) by repealing subsections (1), (1.1) and (1.2) and substituting the following:

(1) On receiving a report about a child under section 14, 15 or 27, a director must determine whether to refer the report

(a) to another director, or

(b) if the child is an Indigenous child who

(i) is a First Nation child and resides on the First Nation land of the First Nation, to that First Nation,

(ii) is a Nisga'a child and resides on Nisga'a Lands, to the Nisga'a Nation, or

(iii) is a Treaty First Nation child and resides on the treaty lands of the Treaty First Nation, to that Treaty First Nation.

(1.1) The director must not make a determination to refer the report as set out in subsection (1) (b) unless the First Nation, Nisga'a Nation or Treaty First Nation

(a) is prescribed by regulation under section 103 (2) (d.1), and

(b) has made an agreement with the director under section 92.1 (1).

(1.2) If the director makes a determination to refer the report as set out in subsection (1),

(a) the director must refer the report promptly,

(b) in the case of a referral to another director, the other director must assess the information in the report, and

(c) in the case of a referral to a First Nation, the Nisga'a Nation or a Treaty First Nation, the director must

(i) refer the report in accordance with the agreement made under section 92.1 (1), and

(ii) inform the person who made the report that the director has referred the report to the First Nation, Nisga'a Nation or Treaty First Nation, as applicable.

(1.3) If the director refers the report as set out in subsection (1) (b), the director ceases to have the obligation to assess the information in the report.

(1.4) If the director makes a determination under subsection (1) not to refer the report, the director must assess the information in the report. ,

(b) in subsection (2) by striking out "(1.1) (b) or (1.2)," and substituting "(1.2) (b) or (1.4),",

(c) by repealing subsection (2) (b) and substituting the following:

(b) refer the child and family to one or more of the following:

(i) a community agency;

(ii) if the child is a First Nation child, the First Nation;

(iii) if the child is a Nisga'a child, the Nisga'a Nation;

(iv) if the child is a Treaty First Nation child, the Treaty First Nation;

(v) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, the child's Indigenous community, ,

(d) in subsection (2) by striking out "or" at the end of paragraph (b.1) (ii) (B), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) refer the report, in the case of an Indigenous child who

(i) is a First Nation child and resides on the First Nation land of the First Nation, to that First Nation,

(ii) is a Nisga'a child and resides on Nisga'a Lands, to the Nisga'a Nation, or

(iii) is a Treaty First Nation child and resides on the treaty lands of the Treaty First Nation, to that Treaty First Nation. ,

(e) by adding the following subsections:

(2.1) The director must not refer the report as set out in subsection (2) (d) unless the First Nation, Nisga'a Nation or Treaty First Nation

(a) is prescribed by regulation under section 103 (2) (d.1),

(b) has made an agreement with the director under section 92.1 (1), and

(c) provides written confirmation to the director that the First Nation, Nisga'a Nation or Treaty First Nation will, with respect to the report, conduct an assessment as set out in subsection (2) (b.1) of this section or investigate as set out in subsection (2) (c) of this section.

(2.2) If the director refers the report as set out in subsection (2) (d), the director must

(a) refer the report in accordance with the agreement made under section 92.1 (1), and

(b) inform the person who made the report that the director has referred the report to the First Nation, Nisga'a Nation or Treaty First Nation, as applicable.

(2.3) If the director refers the report as set out in subsection (2) (d), the director ceases, with respect to the report, to have the obligation to commence, continue or conclude an assessment as set out in subsection (2) (b.1) or an investigation as set out in subsection (2) (c), as applicable.

(2.4) If a director makes an agreement under section 92.1 (2) (a) (ii) or (iii) with a First Nation, the Nisga'a Nation, a Treaty First Nation or a legal entity representing another Indigenous community, the director must, with respect to an Indigenous child of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community, conduct an assessment under subsection (2) (b.1) of this section or investigate under subsection (2) (c) of this section in accordance with the agreement. , and

(f) in subsection (3) by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) if the director conducts the assessment or investigates as set out in subsection (2.4) of this section, the First Nation, Nisga'a Nation, Treaty First Nation or legal entity representing the Indigenous community who is a party to the agreement made under section 92.1 (2) (a) (ii) or (iii), and .

12 Section 28 is amended by adding the following subsection:

(2.2) If a person referred to in subsection (2) (a) or (c) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

13 Section 29 is amended by adding the following subsection:

(2.1) If a person referred to in subsection (2) (a) or (b) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

14 Section 32 (1) is amended by adding the following paragraph:

(a.1) the director withdraws from a presentation hearing under section 33.01 (1), .

15 Section 33 is amended

(a) in subsections (1) and (1.1) by striking out "Before a presentation hearing relating" and substituting "Before a presentation hearing, or before the conclusion of a presentation hearing, relating", and

(b) in subsection (3) by striking out ", within 7 days after the child's removal," and substituting "promptly".

16 The following section is added to Division 3 of Part 3:

Withdrawing before an order is made at the
presentation hearing if agreement protects

33.01  (1) Before a presentation hearing, or before the conclusion of a presentation hearing, relating to the removal of a child under section 30, 36 or 42, the director may withdraw from the hearing if

(a) the child is an Indigenous child and the parent apparently entitled to custody makes an agreement, that the director considers adequate to protect the child, with,

(i) if the child is a First Nation child, the First Nation,

(ii) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village,

(iii) if the child is a Treaty First Nation child, the Treaty First Nation, or

(iv) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community,

(b) the parent apparently entitled to custody is not a resident of British Columbia and the director makes an agreement, that the director considers adequate to protect the child, with the government or child welfare agency of the jurisdiction where the parent apparently entitled to custody resides, or

(c) the director makes an agreement under section 8 respecting the child.

(2) A director who withdraws from a hearing under subsection (1) must promptly

(a) present to the court a written report on the director's reasons for removing the child and for considering that an agreement referred to in subsection (1) is adequate to protect the child, and

(b) provide a copy of the report to the child's parent and any person informed under section 34 (3), 36 (2.1) or 42.1 (3) of the presentation hearing.

(3) If a director withdraws from a hearing under subsection (1), any interim order, supervision order, temporary custody order or order under section 97 (5) that is in effect when the director withdraws is cancelled.

(4) If an order under section 97 (5) is cancelled under subsection (3) of this section, any arrears owing in respect of that order are not cancelled.

17 Section 33.1 is amended

(a) in subsection (4) (c) by striking out "aboriginal" wherever it appears and substituting "Indigenous",

(b) in subsection (4) (c) and (e) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation", and

(c) by adding the following subsection:

(6) If a person referred to in subsection (2) (b) or (4) (a) or (c) to (e) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

18 Section 34 is amended

(a) by repealing subsection (2) and substituting the following:

(2) Subsection (1) does not apply if the director has withdrawn under section 33 or 33.01 from the presentation hearing.

(4) If a person referred to in subsection (3) (b) or (d) to (f) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing. ,

(b) in subsection (3) (d) by striking out "aboriginal" wherever it appears and substituting "Indigenous", and

(c) in subsection (3) (d) and (f) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation".

19 Section 35 (1) (b) is amended by striking out "aboriginal child" and substituting "Indigenous child" and by striking out "to preserve the child's aboriginal identity" and substituting "to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community".

20 Section 36 is amended

(a) in subsection (2.1) (e) by striking out "aboriginal" wherever it appears and substituting "Indigenous",

(b) in subsection (2.1) (e) and (g) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation", and

(c) by adding the following subsection:

(2.3) If a person referred to in subsection (2.1) (b), (c) or (e) to (g) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing.

21 Section 38 (1) is amended

(a) by repealing paragraphs (c) and (d) and substituting the following:

(c) if the child is a First Nation child, on a designated representative of the First Nation;

(d) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, on a designated representative of another Indigenous community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent who at the time of the child's removal was apparently entitled to custody, if the child is under 12 years of age; , and

(b) in paragraph (c.2) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation".

22 Section 39 is amended

(a) in subsection (1) (c) by striking out "aboriginal child" and substituting "Indigenous child" and by striking out "Indian band or aboriginal community" and substituting "First Nation or other Indigenous community",

(b) in subsection (1) (c) and (d.1) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation",

(c) in subsections (2) (a) and (3) (a) by striking out "42.2, 44, 46" and substituting "42.1, 42.2, 44, 44.1, 46", and

(d) by repealing subsections (2) (b) and (3) (b) and substituting the following:

(b) if the person appears at the commencement of the hearing, to be a party at that hearing.

23 Section 42.1 is amended

(a) by adding the following subsection:

(4.1) If a person referred to in subsection (3) (a), (c) or (d) appears at the commencement of the presentation hearing, that person is entitled to be a party at the hearing. , and

(b) in subsection (5) (b) by striking out "aboriginal child" and substituting "Indigenous child" and by striking out "to preserve the child's aboriginal identity" and substituting "to support the child to learn about and practise the child's Indigenous traditions, customs and language and to belong to the child's Indigenous community".

24 Section 44 is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(d) if the application is for an extension of a temporary custody order, the persons listed in section 38 (1) (b) to (d) who are not already entitled to notice under paragraph (b) of this subsection. , and

(b) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (d) appears at the commencement of the hearing, that person is entitled to

(a) be a party at the hearing, and

(b) notice of a hearing under section 44.1, 46 or 57 (1) (b) relating to the child.

25 Section 44.1 is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:

(e) the persons listed in section 38 (1) (b) to (d) who are not already entitled to notice under paragraph (b) of this subsection. , and

(b) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (e) appears at the commencement of the hearing, that person is entitled to

(a) be a party at the hearing, and

(b) notice of a hearing under section 46 or 57 (1) (b) relating to the child.

26 Section 46 is amended

(a) in subsection (2) by adding the following paragraph:

(e) any person listed in section 38 (1) (b) to (d) who is not already entitled to notice under paragraph (b) or (d) of this subsection. , and

(b) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (d) or (e) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

27 Section 48 is amended

(a) by adding the following subsection:

(1.1) At any time after the presentation hearing, the director may withdraw from a proceeding if

(a) the child is an Indigenous child and the parent apparently entitled to custody makes an agreement, that the director considers adequate to protect the child, with,

(i) if the child is a First Nation child, the First Nation,

(ii) if the child is a Nisga'a child, the Nisga'a Nation or the child's Nisga'a Village,

(iii) if the child is a Treaty First Nation child, the Treaty First Nation, or

(iv) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the legal entity representing the child's Indigenous community,

(b) the parent apparently entitled to custody is not a resident of British Columbia and the director makes an agreement, that the director considers adequate to protect the child, with the government or child welfare agency of the jurisdiction where the parent apparently entitled to custody resides, or

(c) the director makes an agreement under section 8 respecting the child. ,

(b) by repealing subsection (2) and substituting the following:

(2) A director who withdraws from a proceeding must present to the court a written report on the director's reasons, as applicable, for

(a) returning the child under subsection (1), or

(b) considering that an agreement referred to in subsection (1.1) is adequate to protect the child. ,

(c) in subsection (3) by striking out "proceeding, the" and substituting "proceeding under subsection (1) or (1.1), the", and

(d) by adding the following subsections:

(4) If a director withdraws from a proceeding under subsection (1.1), any interim order, supervision order, temporary custody order or order under section 97 (5) that is in effect when the director withdraws is cancelled.

(5) If an order under section 97 (5) is cancelled under subsection (4) of this section, any arrears owing in respect of that order are not cancelled.

28 Section 49 is amended

(a) by repealing subsection (2) (c) and (d) and substituting the following:

(c) if the child is a First Nation child, on a designated representative of the First Nation;

(d) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, on a designated representative of another Indigenous community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age; ,

(b) in subsection (2) (c.2) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation", and

(c) by repealing subsection (3) and substituting the following:

(3) If a person referred to in subsection (2) (b) to (d.2) appears at the commencement of the continuing custody hearing, that person is entitled

(a) to be a party at the hearing, and

(b) to notice of a hearing under section 42.2, 54, 56 or 57 and, if the person appears at the commencement of the hearing, to be a party at that hearing.

29 Section 50 (4) is repealed and the following substituted:

(4) The director must send a copy of the continuing custody order to the following:

(a) the Public Guardian and Trustee;

(b) if the child is a First Nation child, the designated representative of the First Nation;

(c) if the child is a Nisga'a child, the designated representative of the Nisga'a Lisims Government;

(d) if the child is a Treaty First Nation child, the designated representative of the Treaty First Nation;

(e) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, the designated representative of another Indigenous community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age.

30 The following section is added:

Planning for Indigenous child after continuing custody order

50.01  A director, in respect of planning for the needs of an Indigenous child in the continuing custody of the director, must,

(a) if the director makes an agreement under section 92.1 (2) (a) (v), conduct the planning in accordance with the agreement, or

(b) if there is no agreement as referred to in paragraph (a), make reasonable efforts to involve, at least on an annual basis, the following:

(i) if the child is a First Nation child, the designated representative of the First Nation;

(ii) if the child is a Nisga'a child, the designated representative of the Nisga'a Lisims Government;

(iii) if the child is a Treaty First Nation child, the designated representative of the Treaty First Nation;

(iv) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child, the designated representative of another Indigenous community that has been identified by

(A) the child, if 12 years of age or over, or

(B) the parent, if the child is under 12 years of age.

31 Section 54 is amended

(a) in subsection (2) by adding the following paragraph:

(f) any person listed in section 49 (2) (b) to (d) who is not already entitled to notice under paragraph (b) or (e) of this subsection. , and

(b) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (d) to (f) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

32 Section 54.01 is amended

(a) by repealing subsection (3) (c) and (f) and substituting the following:

(c) if the child is a First Nation child, a designated representative of the First Nation;

(f) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age; ,

(b) in subsection (3) (e) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation", and

(c) by repealing subsection (4) and substituting the following:

(4) If a person referred to in subsection (3) (b) to (h) appears at the commencement of the hearing, that person is entitled

(a) to be a party at the hearing, and

(b) to notice of a hearing under section 42.2 or 57 and, if the person appears at the commencement of the hearing, to be a party at that hearing.

33 Section 54.1 is amended

(a) by repealing subsection (2) (c) and (e) and substituting the following:

(c) if the child is a First Nation child, a designated representative of the First Nation;

(e) if the child is not a First Nation child, a Nisga'a child nor a Treaty First Nation child but is an Indigenous child, a designated representative of another Indigenous community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age; ,

(b) in subsection (2) (d.1) by striking out "treaty first nation" wherever it appears and substituting "Treaty First Nation", and

(c) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (a) or (c) to (e) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

34 Section 55 is amended by adding the following subsection:

(3.1) If a person referred to in subsection (3) (b) and (c) (i) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

35 Section 56 is amended by adding the following subsection:

(2.1) If a person referred to in subsection (2) (b) or (c) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

36 Section 57 is amended

(a) in subsection (2) (d) by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) if the application is for a change to a temporary custody order, the persons listed in section 38 (1) (b) to (d) who are not already entitled to notice under subparagraph (ii) of this paragraph. , and

(b) by adding the following subsection:

(2.1) If a person referred to in subsection (2) (b) or (d) (i) or (iii) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

37 Sections 57.01 and 57.1 are amended by adding the following subsection:

(2.1) If a person referred to in subsection (2) (b) to (d) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

38 Section 59 is amended by adding the following subsection:

(2.1) If a person referred to in subsection (2) (a) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

39 Section 60 (1) (e) is amended by striking out "aboriginal child" and substituting "Indigenous child".

40 Section 70 is amended by adding the following subsection:

(1.1) In addition to the rights set out in subsection (1), Indigenous children have the right to

(a) receive guidance, encouragement and support to learn about and practise their Indigenous traditions, customs and languages, and

(b) belong to their Indigenous communities.

41 Section 71 is amended

(a) in subsection (3) by striking out "aboriginal child" and substituting "Indigenous child",

(b) in subsection (3) (a) by striking out "aboriginal cultural community;" and substituting "Indigenous community;", and

(c) in subsection (3) (b) by striking out "aboriginal family" and substituting "Indigenous family".

42 Section 75 (a) is repealed and the following substituted:

(a) an agreement made under section 5, 6, 7, 8, 12.2 or 92.1, if the agreement includes conditions on the use, disclosure and security of information provided under the agreement,

(a.1) section 24 or 79 of this Act, or .

43 Section 79 is amended by adding the following paragraphs:

(a.2) intended to facilitate or support, with respect to an Indigenous child,

(i) the child learning and practising the child's Indigenous traditions, customs or language, or

(ii) the child belonging to the child's Indigenous community,

(a.3) made to a First Nation, the Nisga'a Nation, a Treaty First Nation or another Indigenous community in accordance with an agreement made under section 92.1, .

44 Section 90 is amended

(a) in paragraph (a) by striking out "an Indian band" and substituting "a First Nation" and by striking out "an aboriginal community;" and substituting "another Indigenous community;", and

(b) in paragraph (a.2) by striking out "treaty first nation" and substituting "Treaty First Nation".

45 The following section is added:

Director may make agreements respecting Indigenous children

92.1  (1) If a First Nation, the Nisga'a Nation or a Treaty First Nation is prescribed by regulation under section 103 (2) (d.1), a director may make an agreement with the First Nation, Nisga'a Nation or Treaty First Nation respecting the referral of child protection reports under section 16 (1) (b) or (2) (d) in respect of the Indigenous children of the First Nation, Nisga'a Nation or Treaty First Nation.

(2) A director may make an agreement with a First Nation, the Nisga'a Nation, a Treaty First Nation or a legal entity representing another Indigenous community for one or more of the following purposes:

(a) to involve the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community in one or more of the following:

(i) the development of plans of independence for youth who are Indigenous children of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community;

(ii) assessments under section 16 (2) (b.1) respecting the Indigenous families of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community;

(iii) investigations under section 16 (2) (c) respecting the Indigenous children of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community;

(iv) the development of plans of care for the Indigenous children of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community;

(v) planning for the needs of the Indigenous children of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community who are in the continuing custody of the director;

(vi) placement decisions under section 71 respecting the Indigenous children of the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community;

(b) for the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community to provide preventive or support services to their children and families;

(c) for any other purpose as prescribed by regulation.

(3) Subject to any regulations made under section 103 (2) (q.2), an agreement made under this section with a First Nation, the Nisga'a Nation, a Treaty First Nation or another Indigenous community must include conditions on the use, disclosure and security of information provided under the agreement to the First Nation, Nisga'a Nation, Treaty First Nation or Indigenous community.

(4) Subject to any regulations made under section 103 (2) (q.2), if a director makes an agreement under this section, the agreement applies to all directors.

(5) Subsections (3) and (4) do not apply to an agreement, or a part of an agreement, made under subsection (2) (b).

46 Section 93 (1) (g) is amended

(a) by repealing subparagraph (iii), and

(b) by striking out "and" at the end of subparagraph (v), by adding ", and" at the end of subparagraph (vi) and by adding the following subparagraph:

(vii) with a person who is an employer of one or more persons to whom a director has delegated under section 92 any or all of the director's powers, duties or functions; .

47 Section 98 is amended by adding the following subsection:

(6.01) If a person referred to in subsection (6) (a) or (c) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

48 Section 103 (2) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) prescribing First Nations for the purposes of the definition of "First Nation";

(a.1) prescribing the functions of family conference coordinators;

(d.1) prescribing First Nations, the Nisga'a Nation or Treaty First Nations for the purposes of referring reports under section 16 (1) (b) or (2) (d);

(q.1) prescribing purposes in respect of which a director may make an agreement under section 92.1 (2) (c);

(q.2) exempting an agreement made under section 92.1 (2) (c) from the requirements set out in section 92.1 (3) or (4); ,

(b) in paragraph (f) by striking out "aboriginal organizations" and substituting "Indigenous organizations", and

(c) in paragraph (g) by striking out "treaty first nation, Indian bands and aboriginal communities" and substituting "Treaty First Nation, First Nations and other Indigenous communities".

49 Section 107 (6) is amended by striking out "aboriginal child" and substituting "Indigenous child".

Commencement

50  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Child, Family and Community Service Act, section 1] repeals, adds and amends definitions.

SECTION 2: [Child, Family and Community Service Act, section 2] adds a guiding principle and repeals and replaces a guiding principle.

SECTION 3: [Child, Family and Community Service Act, section 3]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• adds a service delivery principle.

SECTION 4: [Child, Family and Community Service Act, section 4] adds factors to the determination of an Indigenous child's best interests.

SECTION 5: [Child, Family and Community Service Act, heading to Part 2] clarifies that services or support provided under this Part are voluntary.

SECTION 6: [Child, Family and Community Service Act, section 5]

• authorizes support to be provided under an agreement made under section 5 of the Act;
• authorizes specified Indigenous entities to be included as parties to an agreement made under that section and, if included, sets out requirements respecting the agreement and the effect of withdrawing from the agreement.

SECTION 7: [Child, Family and Community Service Act, section 6] authorizes specified Indigenous entities to be included as parties to an agreement made under section 6 of the Act and, if included, sets out requirements respecting the agreement and the effect of withdrawing from the agreement.

SECTION 8: [Child, Family and Community Service Act, section 7] authorizes specified Indigenous entities to be included as parties to an agreement made under section 7 of the Act and, if included, applies requirements respecting the agreement, as added by this Bill to section 6 of the Act, and sets out the effect of withdrawing from the agreement.

SECTION 9: [Child, Family and Community Service Act, section 8]

• clarifies whose care the child is in;
• authorizes parents and specified Indigenous entities to be included as parties to an agreement made under section 8 of the Act and, if included, sets out requirements respecting the agreement and the effect of withdrawing from the agreement.

SECTION 10: [Child, Family and Community Service Act, section 12.2] authorizes specified Indigenous entities to be included as parties to an agreement made under section 12.2 of the Act and, if included, sets out requirements respecting the agreement and the effect of withdrawing from the agreement.

SECTION 11: [Child, Family and Community Service Act, section 16]

• authorizes a director to refer child protection reports to specified Indigenous entities in the various circumstances and subject to the requirements and time frames set out;
• authorizes a director to refer an Indigenous child and family directly to specified Indigenous entities;
• requires a director to conduct assessments and investigations respecting Indigenous children in accordance with agreements with Indigenous entities and requires the director to report the results of these assessments and investigations to the Indigenous entities.

SECTION 12: [Child, Family and Community Service Act, section 28] entitles a person to be a party at the hearing as set out.

SECTION 13: [Child, Family and Community Service Act, section 29] entitles a person to be a party at the hearing as set out.

SECTION 14: [Child, Family and Community Service Act, section 32] adds a circumstance regarding how long a director has care of a child.

SECTION 15: [Child, Family and Community Service Act, section 33]

• clarifies the timing of when a director may return a child to a parent;
• amends the time frame within which a director must take action with respect to court reports.

SECTION 16: [Child, Family and Community Service Act, section 33.01] authorizes a director to withdraw from a hearing as set out.

SECTION 17: [Child, Family and Community Service Act, section 33.1]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• entitles a person to be a party at the hearing as set out.

SECTION 18: [Child, Family and Community Service Act, section 34]

• disapplies the requirement for the director to attend court if the director withdraws from the hearing;
• entitles a person to be a party at the hearing as set out;
• is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 19: [Child, Family and Community Service Act, section 35] is consequential to the amendments made by this Bill to the definitions and sections 2 and 4 of the Act.

SECTION 20: [Child, Family and Community Service Act, section 36]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• entitles a person to be a party at the hearing as set out.

SECTION 21: [Child, Family and Community Service Act, section 38] is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 22: [Child, Family and Community Service Act, section 39]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• entitles persons to notice of the hearing as set out;
• clarifies when a person must appear at a hearing, as set out, in order to be entitled to be a party at the hearing.

SECTION 23: [Child, Family and Community Service Act, section 42.1]

• entitles persons to be a party at the hearing as set out;
• is consequential to the amendments made by this Bill to the definitions and sections 2 and 4 of the Act.

SECTION 24: [Child, Family and Community Service Act, section 44]

• requires notice of the hearing to be served on persons as set out;
• sets out a person's entitlements if the person appears at the commencement of the hearing.

SECTION 25: [Child, Family and Community Service Act, section 44.1]

• requires notice of the hearing to be served on persons as set out;
• sets out a person's entitlements if the person appears at the commencement of the hearing.

SECTION 26: [Child, Family and Community Service Act, section 46]

• requires notice of the hearing to be served on persons as set out;
• entitles a person to be a party at the hearing as set out.

SECTION 27: [Child, Family and Community Service Act, section 48] authorizes a director to withdraw from a proceeding as set out and sets out the requirements respecting, and the effect of, a withdrawal.

SECTION 28: [Child, Family and Community Service Act, section 49]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• clarifies when a person must appear at a hearing, as set out, in order to be entitled to be a party at the hearing and, for consistency with other similar provisions in the Act, changes the wording from plural to singular.

SECTION 29: [Child, Family and Community Service Act, section 50] expands the persons to whom the director must provide copies of a continuing custody order.

SECTION 30: [Child, Family and Community Service Act, section 50.01] sets out requirements for a director in respect of planning for the needs of an Indigenous child in the director's continuing custody.

SECTION 31: [Child, Family and Community Service Act, section 54]

• requires notice of the hearing to be served on persons as set out;
• entitles a person to be a party at the hearing as set out.

SECTION 32: [Child, Family and Community Service Act, section 54.01]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• clarifies when a person must appear at a hearing, as set out, in order to be entitled to be a party at the hearing and, for consistency with other similar provisions in the Act, changes the wording from plural to singular.

SECTION 33: [Child, Family and Community Service Act, section 54.1]

• is consequential to the amendments made by this Bill to the definitions of the Act;
• entitles a person to be a party at the hearing as set out.

SECTION 34: [Child, Family and Community Service Act, section 55] entitles a person to be a party at the hearing as set out.

SECTION 35: [Child, Family and Community Service Act, section 56] entitles a person to be a party at the hearing as set out.

SECTION 36: [Child, Family and Community Service Act, section 57]

• requires notice of the hearing to be served on persons as set out;
• entitles a person to be a party at the hearing as set out.

SECTION 37: [Child, Family and Community Service Act, sections 57.01 and 57.1] entitles a person to be a party at the hearing as set out.

SECTION 38: [Child, Family and Community Service Act, section 59] entitles a person to be a party at the hearing as set out.

SECTION 39: [Child, Family and Community Service Act, section 60] is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 40: [Child, Family and Community Service Act, section 70] adds additional rights for Indigenous children in care.

SECTION 41: [Child, Family and Community Service Act, section 71] is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 42: [Child, Family and Community Service Act, section 75] authorizes a person to disclose information in the circumstances set out.

SECTION 43: [Child, Family and Community Service Act, section 79] adds additional circumstances regarding when a director may disclose information without consent.

SECTION 44: [Child, Family and Community Service Act, section 90] is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 45: [Child, Family and Community Service Act, section 92.1]

• authorizes a director to make agreements with prescribed Indigenous entities respecting referrals of child protection reports and with specified Indigenous entities for specified purposes;
• sets out requirements for the agreements, which requirements are subject to regulations;
• sets out an exception to the requirements for agreements with respect to service agreements.

SECTION 46: [Child, Family and Community Service Act, section 93] authorizes a director to make agreements with an employer of delegates of the director.

SECTION 47: [Child, Family and Community Service Act, section 98] entitles a person to be a party at the hearing as set out.

SECTION 48: [Child, Family and Community Service Act, section 103]

• authorizes the Lieutenant Governor in Council to make regulations as set out;
• is consequential to the amendments made by this Bill to the definitions of the Act.

SECTION 49: [Child, Family and Community Service Act, section 107] is consequential to the amendments made by this Bill to the definitions of the Act.