Child and Family Services Regulations, C-7.2 Reg 1
This segment sets rules for child and family services procedures, including foster parent approval, notices, forms, disclosure of information, and agency agreement requirements.
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This segment sets rules for child and family services procedures, including foster parent approval, notices, forms, disclosure of information, and agency agreement requirements. This segment provides standard court and ministry forms for child protection matters, including notices of apprehension, applications and notices for protection hearings, interim and protection orders, service affidavits, and voluntary committal.
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Provisions of Child and Family Services Regulations, C-7.2 Reg 1
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Child and Family Services Regulations, C-7.2 Reg 1 — segment 1
AI-assisted research summary: This segment sets rules for child and family services procedures, including foster parent approval, notices, forms, disclosure of information, and agency agreement requirements.
1 CHILD AND FAMILY SERVICES C-7.2 REG 1 The Child and Family Services Regulations being Chapter C-7.2 Reg 1 (effective December 1, 1990) as amended by Saskatchewan Regulations 78/94, 31/2017, 69/2023 and 43/2024. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 C-7.2 REG 1 CHILD AND FAMILY SERVICES Table of Contents 1 Title 17.4 Aboriginal child welfare agreements – termination by minister 2 Interpretation 17.5 Aboriginal child welfare agreements – 3 Material required for approval termination by agency 4 Terms and conditions for certain agreement 17.6 Dissolution of agency 4.1 Agreements re section 10 of the Act 17.7 Delivery of notices 5 Form of notice that child is in need of protection 17.8 Delivery of notices – disruption of postal services 6 Form of application, protective intervention order, etc. 18 Coming into force 7 Form of notice of apprehension Appendix 8 Protection hearings Form A Noticce of Child in Need of Protection 9 Form of notice of withdrawal of hearing Form B Application for Protective Intervention Order 10 Form for interim order Form C Notice For Protective Intervention Order 11 Form of order Form D Notice For Protective Intervention Order 12 Forms of proof of service Form E Protective Intervention Order 13 Application for protection hearing Form F Notice of Apprehension 14 Repealed Form G Application For A Protection Hearing 15 Application for Protective Intervention Order Form H Notice of Protection Hearing/Notice of Pretrial 16 Repealed Notice of Adjournment 17 Form for voluntary committal Form I Notice of Application To Vary or Terminate An Order 17.01 Disclosure re subsection 74(4) of the Act Pursuant To Section 39 of The Child 17.02 Disclosure of deceased individual’s information and Family Services Act 17.1 Disclosure of information without written consent Form J Withdrawal of Application For A Protection Hearing 17.2 Information sharing agreements Form K Interim Order Pursuant To Section 35 of The Child 17.21 Reciprocal arrangements and Family Services Act 17.22 Access to information re section 74.1 of the Act Form L Order Pursuant To Section 37 of The Child And 17.23 Disclosure of and access to information in Family Services Act the custody and control of agency Form M Order Pursuant To Section 39 of The Child And 17.24 Review of decision re access Family Services Act 17.25 Decision final Form N Affidavit of Personal Service 17.3 Aboriginal child welfare agreements – required provisions Form O Affidavit of Service By Registered or Certified Mail Form P Voluntary Committal 3 CHILD AND FAMILY SERVICES C-7.2 REG 1 CHAPTER C-7.2 REG 1 The Child and Family Services Act Title 1 These regulations may be cited as The Child and Family Services Regulations. Interpretation 2(1) In these regulations: (a) “Act” means The Child and Family Services Act; (b) “case worker” means an employee of the ministry whose duties are or include the direction, management and co-ordination of the provision of family services to a child and his or her parent; (c) “clerk” means: (i) with respect to the Provincial Court of Saskatchewan, the clerk of the Provincial Court; (ii) with respect to the Court of King’s Bench (Family Law Division), the registrar; (d) “foster home” means the home of a person who has been approved by the director to provide foster care services for a child in the home; (e) “foster parent” means a person whom a director has approved to provide foster care services; (f) “government institution” means a government institution as defined in The Freedom of Information and Protection of Privacy Act; (g) “local authority” means a local authority as defined in The Local Authority Freedom of Information and Protection of Privacy Act. (1.1) In the Act and these regulations, “care provider” means a person who has primary responsibility for providing the day-to-day care of a child, including under an agreement with the minister, but does not include: (a) the minister; or (b) the child’s parent, guardian or foster parent. (2) For the purpose of subsection 17(4) of the Act, “within 48 hours of being apprehended” with respect to a child means two days after the apprehension of the child excluding the day on which the child was apprehended and any day on which the offices of the ministry are closed. (3) A reference in these regulations to a form is a reference to the form as it is set out in the Appendix. 2 Nov 90 cC-7.2 Reg 1 s2; 25 Nov 1994 SR 78/1994 s3; 7 Apr 2017 SR 31/2017 s3; 7 Jne 2024 SR 43/2024 s3. 4 C-7.2 REG 1 CHILD AND FAMILY SERVICES Material required for approval 3 The director may approve a person as a foster parent where: (a) a study conducted by a case worker assessing the suitability of the person and the person’s home has been supplied to the director; (b) the person has supplied to the director: (i) a medical report completed by a person licensed pursuant to The Medical Profession Act, 1981 to practise pursuant to that Act certifying that there are no health or physical conditions that would inhibit the person’s ability to care for children; and (ii) the names of personal references, and the director is satisfied with the information provided by the references; and (c) the person has completed the required foster care training. 2 Nov 90 cC-7.2 Reg 1 s3; 7 Jne 2024 SR 43/2024 s4. Terms and conditions for certain agreement 4 An agreement entered into between the director and a foster parent may contain terms and conditions that: (a) the director shall: (i) provide the foster parent with: (A) information, including policies, procedures and guidelines, which in the opinion of the director is required for the foster parent to undertake his or her duties; and (B) support, consultation and training which, in the opinion of the director, is required by the foster parent; (ii) participate with the foster parent in an annual evaluation of the foster parent and the foster home; (iii) have the right to limit the number of children placed in the foster home; (iv) specify the responsibilities of the foster parent with respect to the care of a child or involvement of the child’s family as identified in the case plan; and (v) specify the classification of the foster parent. (b) the foster parent shall: (i) provide an environment that in the opinion of a case worker is in the best interests of the child; (ii) maintain adequate information, including but not limited to a record of the child’s progress and a record for the child of events in the child’s life; 5 CHILD AND FAMILY SERVICES C-7.2 REG 1 (iii) provide a report on the child’s progress at the request of a case worker and in a form directed by the case worker; (iv) be available and make the child available on reasonable notice for visits and interviews that in the opinion of a case worker are in the best interests of the child; (v) notify the case worker: (A) immediately of a serious incident involving the child; (B) of a plan to have the child cared for on a regular or extended basis by a person other than the foster parent or to have a child other than a child placed by the ministry cared for in the foster home on a regular or extended basis; and (C) of a change in the circumstances of the foster parent or the foster home which may affect the ability of the foster parent to care for the child; (vi) provide a case worker with reasonable notice when requesting the removal of a child from the foster home; (vii) ensure that the child’s clothing and personal belongings accompany the child when he or she leaves the foster home; (viii) have the right to refuse the placement of a child in the foster home; and (ix) complete any training required by the director. 2 Nov 90 cC-7.2 Reg 1 s4; 7 Apr 2017 SR 31/2017 s4; 7 Jne 2024 SR 43/2024 s5. Agreements re section 10 of the Act 4.1(1) Subject to subsection (2) and the terms of the agreement, for the purposes of subsection 10(6) of the Act, an agreement with a child aged 16 or 17 years entered into or renewed pursuant to section 10 of the Act remains in effect until the last day of the month in which that child turns 18. (2) Subject to subsection (3), the director may extend an agreement mentioned in subsection (1) beyond the day mentioned in that subsection if, on the last day of the month in which the child turns 18, the director is satisfied that: (a) either: (i) there is no parent willing to assume the responsibility for that individual; or (ii) the individual cannot be re-established with the individual’s family; (b) the individual is actively engaged in an educational or vocational program or on a temporary leave from that program in order to attend a treatment program approved by the director; (c) the individual is living independently; and 6 C-7.2 REG 1 CHILD AND FAMILY SERVICES (d) the individual is at risk of not having the resources to complete the educational or vocational program or the treatment program mentioned in clause (b) if the residential services, financial assistance or both provided pursuant to section 10 of the Act are not continued. (3) An agreement that is extended pursuant to subsection (2): (a) remains in effect until: (i) the last day of the month in which the school year of the educational or vocational program in which the individual is enrolled concludes; or (ii) either of the parties terminates the agreement; and (b) is not to be extended beyond the day mentioned in subclause (a)(i). 7 Jne 2024 SR 43/2024 s6. Form of notice that child is in need of protection 5 A notice that a child is in need of protection pursuant to clause 14(1)(a) of the Act is to be substantially in Form A. 2 Nov 90 cC-7.2 Reg 1 s5. Form of application, protective intervention order, etc. 6(1) An application made pursuant to section 16 of the Act is to be made substantially in Form B. (2) Where: (a) an officer makes an application pursuant to section 16 of the Act, notice shall be given substantially in Form C; or (b) a parent or person named in a protective intervention order makes an application pursuant to section 16 of the Act, notice shall be given substantially in Form D. (3) A notice in Form D shall be served on the director at least three business days prior to the hearing of the application. (4) An order made pursuant to section 16 of the Act is to be substantially in Form E. (5) The clerk shall supply a copy of a protective intervention order on the person against whom the order is directed and on each parent who was present at the hearing of the application for the order. 2 Nov 90 cC-7.2 Reg 1 s6; 7 Jne 2024 SR 43/2024 s7. Form of notice of apprehension 7 Where an officer notifies a parent in writing of the apprehension of a child of the parent pursuant to section 19 of the Act, the notice is to be substantially in Form F. 2 Nov 90 cC-7.2 Reg 1 s7. 7 CHILD AND FAMILY SERVICES C-7.2 REG 1 Protection hearings 8(1) An application for a protection hearing pursuant to subsection 14(4), 15(3), 38(2) or 39(1) or clause 17(4)(b) of the Act is to be substantially in Form G. (2) A notice of a protection hearing held pursuant to subsection 14(4), 15(3) or 38(2) or clause 17(4)(b) of the Act is to be substantially in Form H. (3) A notice of an application to vary or terminate an order made pursuant to section 39 of the Act is to be substantially in Form I. (4) A notice in Form I shall be served on the director. 2 Nov 90 cC-7.2 Reg 1 s8; 7 Jne 2024 SR 43/2024 s8. Form of notice of withdrawal of hearing 9(1) Where an officer withdraws an application for a protection hearing pursuant to section 25 of the Act, the officer shall provide the clerk with a notice substantially in Form J. (2) Where an officer provides a notice pursuant to subsection (1), the clerk may accept a faxed copy of the notice for filing. (3) Where a notice is filed pursuant to subsection (2), the original notice shall be mailed to the court not later than three business days after the date the notice is signed by the officer. (4) The faxed copy of the notice is deemed to have the same effect as if the original notice had been filed with the court. 2 Nov 90 cC-7.2 Reg 1 s9; 7 Apr 2017 SR 31/2017 s5. Form for interim order 10(1) Where an interim order pursuant to section 35: (a) involves the custody of a child; or (b) imposes terms and conditions; the interim order shall be substantially in Form K. (2) A copy of the order shall be supplied by the clerk to each parent who is present. 2 Nov 90 cC-7.2 Reg 1 s10. Form of order 11(1) An order made pursuant to section 37 of the Act is to be substantially in Form L. (2) An order made pursuant to section 39 of the Act is to be substantially in Form M. 2 Nov 90 cC-7.2 Reg 1 s11; 7 Jne 2024 SR 43/2024 s9. 8 C-7.2 REG 1 CHILD AND FAMILY SERVICES Forms of proof of service 12 Where a notice required pursuant to the Act or these regulations is served: (a) personally, service of the notice may be proved by an affidavit substantially in Form N; (b) by registered or certified mail, service of the notice may be proved by an affidavit substantially in Form O. 2 Nov 90 cC-7.2 Reg 1 s12; 7 Jne 2024 SR 43/2024 s10. Application for protection hearing 13(1) Where: (a) an officer makes an application for a protection hearing pursuant to subsection 14(4) or clause 17(4)(b) of the Act; and (b) the application cannot be filed within the time period specified in subsection 14(4) or clause 17(4)(b) of the Act, as the case may be, because the court does not sit within that time period in the locality where the officer carries out his or her duties with the ministry; the clerk may accept a faxed copy of the application for filing. (2) An officer may make an application for a protection hearing pursuant to subsection 15(3) of the Act by filing with the clerk a faxed copy of the application. (3) Where an application is filed pursuant to subsection (1) or (2), the original application shall be filed with the court prior to or at the protection hearing. (4) The fax copy of the application is deemed to have the same effect as if the original application had been filed with the court. 2 Nov 90 cC-7.2 Reg 1 s13; 7 Apr 2017 SR 31/2017 s6; 7 Jne 2024 SR 43/2024 s11. 14 Repealed. 7 Jne 2024 SR 43/2024 s12. Application for Protective Intervention Order 15(1) An officer may make an application for a protective intervention order pursuant to section 16 of the Act by filing with a clerk a faxed copy of the application. (2) Where an application is filed pursuant to subsection (1), the original application shall be filed with the court prior to or at the hearing of the application for a protective intervention order. (3) The fax copy of the application is deemed to have the same effect as if the original application had been filed with the court. 2 Nov 90 cC-7.2 Reg 1 s15; 7 Apr 2017 SR 31/2017 s8. 16 Repealed. 7 Jne 2024 SR 43/2024 s13. 9 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form for voluntary committal 17 A voluntary committal pursuant to section 46 of the Act is to be substantially in Form P. 2 Nov 90 cC-7.2 Reg 1 s17; 7 Jne 2024 SR 43/2024 s14. Disclosure re subsection 74(4) of the Act 17.01(1) For the purposes of subsection 74(4) of the Act, the minister, a director or an officer may disclose or communicate information mentioned in subsection 74(2) of the Act relating to a child to the child to whom the information relates. (2) For the purposes of clause 74(4)(a) of the Act, the minister, a director or an officer may disclose or communicate information mentioned in subsection 74(2) of the Act relating to a child to the guardian, parent, care provider or foster parent of the child. 7 Jne 2024 SR 43/2024 s15. Disclosure of deceased individual’s information 17.02(1) In this section, “spouse” means the legally married spouse of a person or a person with whom that person has cohabited as spouses continuously for a period of not less than 2 years. (2) For the purposes of clause 74(5)(b) of the Act, prescribed individuals include: (a) a parent of the deceased individual; (b) a child of the deceased individual; (c) a sibling of the deceased individual; and (d) the spouse of the deceased individual. (3) A person mentioned in clause 74(5)(a) or (b) of the Act who is requesting the disclosure or communication of information relating to a deceased individual must prove to the satisfaction of the minister, director or officer: (a) the person’s identity and relationship to the deceased individual; and (b) that the individual who is the subject of the request is deceased. 7 Jne 2024 SR 43/2024 s15. Disclosure of information without written consent 17.1(1) In this section: (a) “high impact serious occurrence” means, with respect to a child, an illness, injury, condition or event that: (i) results in the death of the child; (ii) may result in the death of the child, as determined by a duly qualified medical practitioner; or 10 C-7.2 REG 1 CHILD AND FAMILY SERVICES (iii) necessitates major medical treatment of the child and may result in serious or long-term impairment of the child’s health, as determined by a duly qualified medical practitioner; and includes sexual assault that results in serious injury or requires major medical treatment; (b) “medium impact serious occurrence” means, with respect to a child, an illness, injury, condition or event that: (i) is considered temporary, treatable and not life threatening; (ii) requires unscheduled and unforeseen medical treatment or admission to hospital; (iii) is not likely to result in long-term impairment of the child’s health; and (iv) is atypical and not reasonably expected to occur, given the child’s age and development and community standards. (2) In this section and section 17.22, “in care or receiving services pursuant to the Act” includes any of the following circumstances: (a) with respect to a child: (i) being cared for by the child’s parent and the child, the parent or both the child and parent are being provided family services pursuant to section 5 of the Act; (ii) in the custody of a peace officer or an officer pursuant to section 7 of the Act; (iii) in the custody of an officer pursuant to subclause 8(1)(b)(ii) of the Act; (iv) being provided residential services under an agreement pursuant to section 9 of the Act; (v) being provided residential services, financial assistance or both under an agreement pursuant to section 10 of the Act; (vi) in the care of an officer pursuant to section 17 of the Act or pursuant to section 18 of the Act, as that section existed on the day before the day on which The Child and Family Services Amendment Act, 2023 came into force; (vii) in the custody of the minister pursuant to clause 37(1)(c) or subsection 37(3) of the Act; (viii) in the custody of a person having a sufficient interest in the child pursuant to clause 37(1)(b) of the Act; (ix) committed to the minister pursuant to subsection 37(2) of the Act; (x) voluntarily committed to the minister pursuant to section 46 of the Act; (xi) any other circumstances in which the child is or was offered or provided care or services provided by the ministry consistent with the purposes of the Act; and 11 CHILD AND FAMILY SERVICES C-7.2 REG 1 (b) with respect to an individual who is 18 years of age or older, the provision of residential services, financial services or both pursuant to section 10 of the Act or the extension of support pursuant to section 56 of the Act. (3) For the purpose of subsection 74(8) of the Act, information mentioned in subsection 74(2) of the Act may be disclosed, without the written consent of the person to whom the information relates: (a) if the disclosure is necessary to ensure the immediate safety of a person other than a child and to enable the provision of service by one or more of the following: (i) medical professionals; (ii) a police service or regional police service as defined in The Police Act, 1990; (iii) the Royal Canadian Mounted Police; (iv) a trustee as defined in The Health Information Protection Act; (v) a First Nation; (vi) an Indigenous governing body; (b) to a band or other legal entity for the purposes of an agreement entered into pursuant to section 61 of the Act; (c) to the Public Guardian and Trustee of Saskatchewan: (i) to perform the duties and exercise the powers in accordance with: (A) subsection 52(3) of the Act; and (B) The Public Guardian and Trustee Act; or (ii) for the purposes of appointing a lawyer pursuant to subsection 6.3(3) or (4) of The Public Guardian and Trustee Act to represent a child in a protection hearing; (d) to a lawyer mentioned in subclause (c)(ii); (e) to the Chief Coroner of Saskatchewan appointed pursuant to The Coroners Act, 1999: (i) in the case of a child who was in care or receiving services pursuant to the Act at the time of the child’s death or within 12 months before the child’s death; or (ii) at the request of the Chief Coroner, if: (A) more than 12 months have passed since the date of death of the child; and (B) the child was in care or receiving services pursuant to the Act at the time of the child’s death or within 12 months before that death; 12 C-7.2 REG 1 CHILD AND FAMILY SERVICES (f) to the Advocate for Children and Youth within the meaning of The Advocate for Children and Youth Act: (i) for the purposes of assisting the Advocate in fulfilling the Advocate’s duties with respect to a matter being investigated pursuant to section 26 of that Act; (ii) in response to a request made by the Advocate pursuant to section 35 of that Act; (iii) for the purposes of reviewing a high impact serious occurrence with respect to a child who is in care or receiving services pursuant to the Act at the time of the occurrence or within 12 months before the occurrence; or (iv) at the discretion of the minister, for the purposes of reviewing a medium impact serious occurrence with respect to a child at the time of the occurrence; (g) to the Saskatchewan Health Authority or the Ministry of Health for the purpose of reviewing the death of a child who was in care or receiving services pursuant to the Act at the time of the child’s death or within 12 months before the child’s death; (h) to the Ministry of Corrections, Policing and Public Safety for the purposes of reviewing the death of a child who was in care or receiving services pursuant to the Act at the time of the child’s death or within 12 months before the child’s death; and (i) to a person appointed by the minister pursuant to section 17.24 for the purposes of conducting a review of a decision of the minister to refuse, in whole or in part, to grant an individual access to the individual’s record in accordance with section 74.1 of the Act. 7 Jne 2024 SR 43/2024 s16. Information sharing agreements 17.2(1) In this section: “common or integrated service” means a program or activity designed to benefit the health, safety, welfare or social well-being of an individual that is delivered by a government institution and one or more of the following: (a) another government institution; (a.1) an Indigenous governing body; (b) a local authority; (c) a trustee as defined in The Health Information Protection Act; (d) a First Nation; (e) a police service or regional police service as defined in The Police Act, 1990; 13 CHILD AND FAMILY SERVICES C-7.2 REG 1 (f) the Royal Canadian Mounted Police; (g) a non-profit organization that provides a service of the type to be included in the common or integrated service; (h) any other agency or organization that the minister determines is appropriate; “information sharing agreement” means an agreement that governs the collection, use and disclosure of information mentioned in subsection 74(2) of the Act by the parties involved in the provision of a common or integrated service and that meets the requirements of subsection (2). (2) An information sharing agreement must contain the following: (a) a description of the common or integrated service to be provided; (b) a description of the purposes or expected outcomes of the common or integrated service; (c) provisions setting out the obligations of a party respecting the security and safeguarding of information mentioned in subsection 74(2) of the Act received by that party; (d) provisions that prohibit the subsequent use and disclosure of the information mentioned in subsection 74(2) of the Act for purposes not related to the common or integrated service except: (i) with the consent of the person to whom the information relates; or (ii) if required or authorized by law; (e) provisions for the withdrawal of a party and, in the case of a withdrawal, provisions that: (i) prohibit any further use or disclosure of the information mentioned in subsection 74(2) of the Act received by that party except: (A) with the consent of the person to whom the information relates; or (B) if required or authorized by law; and (ii) specify the ongoing obligations of that party to secure and safeguard that information; (f) provisions for the termination of the information sharing agreement and, in the case of a termination, provisions that: (i) prohibit any further use or disclosure of the information mentioned in subsection 74(2) of the Act received by the parties except: (A) with the consent of the person to whom the information relates; or (B) if required or authorized by law; and (ii) specify the ongoing obligations of the parties to secure and safeguard that information; (g) any other provisions that the minister considers necessary. 14 C-7.2 REG 1 CHILD AND FAMILY SERVICES (3) Information mentioned in subsection 74(2) of the Act may be disclosed to a party to an information sharing agreement entered into for the purpose of providing a common or integrated service: (a) if that information is disclosed in accordance with the agreement for any or all of the following purposes: (i) determining the eligibility of an individual to receive the common or integrated service; (ii) assessing and planning the common or integrated service and delivering that service to an individual or that individual’s family; or (b) if consent to the disclosure was obtained pursuant to any other Act or regulation that does not require the consent to be in writing. (4) If the Royal Canadian Mounted Police participates in providing a common or integrated service, the requirements of subsection (3) are met if the Royal Canadian Mounted Police enters into a single arrangement in writing with a government institution that is involved in the provision of the common or integrated service, under which the Royal Canadian Mounted Police signifies that it will comply with the terms governing the collection, use and disclosure of information mentioned in subsection 74(2) of the Act contained in the information sharing agreement applicable to the common or integrated service in which the Royal Canadian Mounted Police participates. (5) Consent to the use and disclosure of information mentioned in subsection 74(2) of the Act for the purposes of receiving a common or integrated service is not required to be in writing if: (a) the individual providing consent is informed of the anticipated uses and disclosures of the individual’s information; and (b) the person who obtained the consent records the following information and signs the record: (i) the date on which consent was obtained; (ii) the manner by which consent was obtained, whether the consent was obtained in person, by way of telephone or otherwise; (iii) the anticipated uses and disclosures of the information the individual consented to; (iv) any restrictions on the consent that was provided. 7 Apr 2017 SR 31/2017 s10; 7 Jne 2024 SR 43/2024 s17. Reciprocal arrangements 17.21 An Indigenous governing body is an appropriate authority with which the minister may enter into an arrangement pursuant to subsection 60(1) of the Act. 4 Aug 2023 SR 69/2023 s2. 15 CHILD AND FAMILY SERVICES C-7.2 REG 1 Access to information re section 74.1 of the Act 17.22(1) For the purposes of subsection 74.1(1) of the Act: (a) the right to access applies to any individual who, as a child: (i) was in care or receiving services pursuant to the Act; or (ii) was the subject of any record that came into existence through anything done pursuant to The Family Services Act, not including Part III, or The Child Welfare Act, not including Part II, and over which the ministry has custody and control; and (b) the right of access applies to the individual’s own information within the meaning of section 74(2) of the Act. (2) A request made pursuant to subsection 74.1(2) of the Act must specify the record requested with sufficient particularity as to time, place and event to enable an employee of the ministry familiar with the subject-matter to identify the record. (3) On receipt of a request made pursuant to subsection (2), the minister shall consider the request and give written notice to the individual making the request of the decision with respect to the release or otherwise of the record requested. (4) If an individual is unable to prove the individual’s identity to the satisfaction of the ministry in accordance with subsection 74.1(3) of the Act, the ministry shall refuse to confirm or deny the existence of a record. (5) An individual may provide written consent for another individual to act on the subject individual’s behalf with respect to the making of a request for and the receipt of the information mentioned in subsection (2). (6) For the purposes of subsection 74.1(4) of the Act, the minister may release any records as authorized by that section in any form that the minister considers appropriate. (7) In addition to the circumstances set out in subsection 74.1(5) of the Act, the minister may refuse access to an individual’s record: (a) with respect to information in that record that pertains to a protection investigation; or (b) if care or services described in clause 17.1(2)(a) are being provided to the individual and the release of information could negatively impact the ministry’s ability to ensure a child’s safety. 7 Jne 2024 SR 43/2024 s18. Disclosure of and access to information in the custody and control of agency 17.23 Sections 17.01, 17.02, 17.1 and 17.22 apply, with any necessary modification, to the disclosure of and access to information mentioned in subsection 74(2) of the Act that is in the custody and control of an agency. 7 Jne 2024 SR 43/2024 s18. 16 C-7.2 REG 1 CHILD AND FAMILY SERVICES Review of decision re access 17.24(1) If the minister refuses, in whole or in part, to grant an individual access to the individual’s record in accordance with section 74.1 of the Act, the individual may request a review. (2) A request for a review is to be submitted in writing to the minister within one year after the date on which the decision in relation to which the review is requested was taken or made. (3) The minister may extend the period mentioned in subsection (2) if, in the minister’s opinion, it is appropriate to do so. (4) The minister may appoint a person to conduct a review of the decision in relation to which the review is requested and to advise the minister and make recommendations. (5) If the minister acts pursuant to subsection (4), the minister shall give notice in any manner that the minister considers appropriate to the individual making the request for the review. (6) The minister or the person appointed pursuant to subsection (4), as the case may be, shall allow the individual requesting the review an opportunity to make representations and, for that purpose, the individual may engage the assistance of counsel. (7) Subject to subsection (8), the individual or the individual’s counsel mentioned in subsection (6) shall make the representations mentioned in that subsection: (a) to the minister within 30 days after the minister receives the request for review; or (b) if the minister appoints a person pursuant to subsection (4), to that person within 30 days after the minister gives notice with respect to that appointment pursuant to subsection (5). (8) The minister or the person appointed pursuant to subsection (4), as the case may be, may extend the period mentioned in subsection (7), if in the opinion of the minister or the person appointed pursuant to subsection (4), it is appropriate to do so. (9) If the minister conducts a review pursuant to this section, the minister may confirm or vary the decision in relation to which the review was requested. (10) If a person is appointed to conduct a review pursuant to subsection (4), on completing the review, that person shall prepare a written report, including a summary of any representations made by the individual who requested the review, and provide that report to the minister. (11) On receipt of any written report pursuant to subsection (10), the minister: (a) shall review the report; and (b) may confirm or vary the decision in relation to which the review was requested. (12) The minister shall provide a copy of the minister’s decision mentioned in subsection (9) or clause (11)(b), with written reasons, to the individual who made the request for review. 7 Jne 2024 SR 43/2024 s18. 17 CHILD AND FAMILY SERVICES C-7.2 REG 1 Decision final 17.25 Every decision of the minister made pursuant to section 17.24 is final and not open to question or review in any court, and no decision of the minister shall be restrained by injunction, prohibition, mandamus, quo warranto, certiorari or other process or proceeding in any court or be removable by application for judicial review or otherwise into any court on any grounds. 7 Jne 2024 SR 43/2024 s18. Aboriginal child welfare agreements – required provisions 17.3 For the purposes of subsection 62.1(1) of the Act, any agreement mentioned in section 61 of the Act must include provisions respecting the following: (a) the maintenance of confidentiality and the treatment of all documents, information and records by the agency while the agreement is in effect; (b) the maintenance of confidentiality and the treatment of all documents, information and records by the agency if the agency is dissolved or the agreement is terminated by either party; (b.1) the procedures, including appropriate safeguards, respecting the disclosure of and access to information mentioned in subsection 74(2) of the Act that is in the custody and control of an agency; (c) requiring the agency to immediately notify the ministry if the agency or any of its employees has reason to suspect that confidential information has been compromised or disclosed in a manner inconsistent with the Act or these regulations; (d) the access by the ministry and its employees, on the termination of the agreement by either party, to all documents, information and records considered relevant by the ministry that are in the care and control of the agency. 7 Apr 2017 SR 31/2017 s10; 7 Jne 2024 SR 43/2024 s19. Aboriginal child welfare agreements – termination by minister 17.4(1) For the purposes of subsection 62.1(2) of the Act, any agreement entered into pursuant to section 61 of the Act may be immediately terminated by the minister in writing if: (a) the agency becomes bankrupt or insolvent within the meaning of The Bankruptcy and Insolvency Act (Canada) or takes the benefits of any law relating to bankrupt or insolvent debtors; (b) a receiving order is made against the agency or the agency makes an assignment for the general benefits of its creditors; (c) an order is made for the winding-up or a resolution passed for the dissolution of the agency; (d) a receiver or liquidator of the agency’s business or property is appointed; 18 C-7.2 REG 1 CHILD AND FAMILY SERVICES (e) the Government of Canada gives written notice to the agency’s business or the Government of Saskatchewan that the Parliament of Canada has not appropriated sufficient fiscal resources to fund the agency to provide the services for which the Government of Canada is responsible to pay and the agency is responsible to provide; (f) the Government of Canada terminates its funding agreement with the agency; or (g) the Government of Canada appoints a third party financial manager pursuant to the funding agreement with the agency. (2) For the purposes of subsection 62.1(2) of the Act, the minister may terminate any agreement entered into pursuant to section 61 of the Act by providing 60 days’ notice in writing to an agency if: (a) the agency at any time neglects, fails or refuses to perform any of its obligations under the agreement; (b) the minister has served on the agency a notice of default that includes a description of the issues and concerns; and (c) the agency fails to remedy the issues and concerns to the satisfaction of the minister within 30 days after the date of the notice of default. 7 Apr 2017 SR 31/2017 s10. Aboriginal child welfare agreements – termination by agency 17.5 For the purposes of subsection 62.1(2) of the Act, an agency may terminate any agreement entered into pursuant to section 61 of the Act by providing 90 days’ notice in writing to the minister. 7 Apr 2017 SR 31/2017 s10. Dissolution of agency 17.6(1) An agency that intends to dissolve shall provide 90 days’ notice of dissolution in writing to the minister. (2) The agency must, immediately after providing the notice mentioned in subsection (1), provide the ministry access to all documents, information and records considered relevant by the ministry that are in the care and control of the agency. 7 Apr 2017 SR 31/2017 s10; 7 Jne 2024 SR 43/2024 s20. Delivery of notices 17.7(1) A notice mentioned in section 17.4, 17.5 or 17.6 must be: (a) delivered to the other party at an address the receiving party has given to the delivering party for the purposes of exchanging information related to the agreement entered into pursuant to section 61 of the Act; or 19 CHILD AND FAMILY SERVICES C-7.2 REG 1 (b) sent by pre-paid registered or certified mail to the other party at an address the receiving party has given to the delivering party for the purposes of exchanging information related to the agreement entered into pursuant to section 61 of the Act. (2) A notice: (a) delivered in accordance with clause (1)(a) is deemed to have been received when delivered to the other party; or (b) sent in accordance with clause (1)(b) is deemed to have been received on the seventh business day after the date of mailing. 7 Apr 2017 SR 31/2017 s10. Delivery of notices – disruption of postal services 17.8 In the event of a disruption to regular postal mail service, any notice mentioned in section 17.4, 17.5 or 17.6 must be delivered in accordance with clause 17.7(1)(a). 7 Apr 2017 SR 31/2017 s10. Coming into force 18(1) Subject to subsection (2), these regulations come into force on the day on which The Child and Family Services Act comes into force. (2) If these regulations are filed with the Registrar of Regulations after The Child and Family Services Act comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 2 Nov 90 cC-7.2 Reg 1 s18. 20 C-7.2 REG 1 CHILD AND FAMILY SERVICES APPENDIX Form A [Section 5] NOTICE OF CHILD IN NEED OF PROTECTION To: ____________________________________________________________________________ I, __________________________________________, an officer pursuant to The Child and (officer) Family Services Act state that: 1. I am of the opinion that: _______________________________________________________________________________ (Name and birth date of child) _______________________________________________________________________________ _______________________________________________________________________________ is in need of protection pursuant to section 11 of The Child and Family Services Act because: ______________________________________________________________________________ (briefly describe reasons) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 2. Where you acknowledge the need for family services and agree to the provision of services, the director may enter into an agreement with you for the provision of family services. 3. If an agreement for family services is not entered within 30 days from the date of this notice, an application will be made to a court pursuant to The Child and Family Services Act for a protection hearing to be held or the matter shall be referred for mediation. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ___________________________________________ Officer Office Address: ________________________________________________________________ Office Telephone Number: ______________________________________________________ 21 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form B [Subsection 6(1)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ APPLICATION FOR PROTECTIVE INTERVENTION ORDER Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ - and - ____________________________________________________________________________ (Name of parent or person) ____________________________________________________________________________ I, ____________________________________________________________________________ : an officer within the meaning of The Child and Family Services Act; or a person named in the protective intervention order; apply to the court pursuant to The Child and Family Services Act to set a date, time and place: for a protective intervention order; (application may only be made by an officer) to make changes in or additions to the terms and conditions contained in the order dated ____________________________________________________________ ; to decrease the period for which the order dated ________________ is to remain in force; to terminate the order dated __________________________________________; or to extend the order dated ________________________________________________ (application may only be made by an officer). Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ___________________________________________ Signature Address: __________________________________ Telephone Number: ________________________ ******************************************************************************* 22 C-7.2 REG 1 CHILD AND FAMILY SERVICES A hearing for a protective intervention order is set for: ____________________________ (year, month, day, time) at: ____________________________________________________________________________ (place) (street address) (city/town) ________________________________________ Clerk of the Court/Local Registrar Form C [Clause 6(2)(a)] (Ministry Use Only) In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ NOTICE FOR PROTECTIVE INTERVENTION ORDER Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ - and - ____________________________________________________________________________ (Name of parent or person) ____________________________________________________________________________ To: ____________________________________________________________________________ (parent or person) Take notice that a hearing: for a protective intervention order; to make changes in or additions to the terms and conditions contained in the order dated ____________________________________________________________ ; to decrease the period for which the order dated ___________________________ is to remain in force; to terminate the order dated __________________________________________; or to extend the order dated _______________________________________________ ; pursuant to The Child and Family Services Act will be held at: _______________________________________________________________________________ (place) (street address) (city/town) on: ____________________________________________________________________________ (year, month, day, time) 23 CHILD AND FAMILY SERVICES C-7.2 REG 1 Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Officer Officer’s Name: ________________________________________________________________ Office Address: _________________________________________________________________ Office Telephone Number: ______________________________________________________ Form D [Clause 6(2)(b)] (Parent or Person) In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ NOTICE FOR PROTECTIVE INTERVENTION ORDER Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ - and - ____________________________________________________________________________ (Name of parent or person) ____________________________________________________________________________ To: ____________________________________________________________________________ (Parties to Original Protective Intervention Order) Take notice that an application: to make changes in or additions to the terms and conditions contained in the order dated ____________________________________________________________ ; to decrease the period for which the order dated ___________________________ is to remain in force; or to terminate the order dated ____________________________________________; will be held at: _______________________________________________________________________________ (place) (street address) (city/town) on: ____________________________________________________________________________ (year, month, day, time) Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ (Parent or person) 24 C-7.2 REG 1 CHILD AND FAMILY SERVICES Name: ________________________________________________________________________ Address: ______________________________________________________________________ Telephone Number: ____________________________________________________________ Service of this Notice accepted on: ____________________________________________________ (year, month, day) ____________________________________________________ Director Form E [Subsection 6(4)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ PROTECTIVE INTERVENTION ORDER Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ (Name of parent or person) - and - Before:
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Child and Family Services Regulations, C-7.2 Reg 1 — segment 2
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Child and Family Services Regulations, C-7.2 Reg 1 — segment 2
AI-assisted research summary: This segment provides standard court and ministry forms for child protection matters, including notices of apprehension, applications and notices for protection hearings, interim and protection orders, service affidavits, and voluntary committal.
Justice ________________ of the Court of King’s Bench (Family Law Division) on the _________ day of __________________________________ , 20 ________ ; (or) Judge ___________________________ of the Provincial Court of Saskatchewan at _____________________________________________________, Saskatchewan, on the _____________ day of _________________________ , 20 ____________ . Having heard the evidence adduced, I order that: _______________________________________________________________________________ (describe order) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ________________________________________ Clerk of the Court/Local Registrar 25 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form F [Section 7] NOTICE OF APPREHENSION To: ____________________________________________________________________________ (parent) I, _______________________, an officer pursuant to The Child and Family Services Act (officer) state that: 1. The child __________________________________________________________________ (name and birth date of child) was apprehended on the ___________ day of _______________ , 20 _____________ . 2. There are reasonable grounds to believe that the child is in need of protection pursuant to section 11 of The Child and Family Services Act and is at risk of incurring serious harm because ______________________________________________ (briefly state reasons) ___________________________________________________________________________ __________________________________________________________________________ . 3. You are advised to consult a lawyer. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ___________________________________________ Signature Office Address: ________________________________________________________________ Office Telephone Number: ______________________________________________________ Form G [Subsection 8(1)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ APPLICATION FOR A PROTECTION HEARING Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ (Name of parents/band) ____________________________________________________________________________ (Date of apprehension) ____________________________________________________________________________ (Date and description of previous orders) 26 C-7.2 REG 1 CHILD AND FAMILY SERVICES I, ____________________________________________________________________________ : an officer within the meaning of The Child and Family Services Act; or a party to the original protection hearing; apply to the court for a protection hearing pursuant to: subsection 14(4) (no agreement for family services); subsection 15(3) (no agreement for family services after mediation); clause 17(4)(b) (child is apprehended); subsection 38(2) (extension of order dated _____________________________); or subsection 39(1) (variation of order dated _______________________________ ); (only a party to the original order may make an application pursuant to subsection 39(1) of the Act); of The Child and Family Services Act. _______________________________________________________________________________ (Reasons for application and applicable section of The Child and Family Services Act). _______________________________________________________________________________ _______________________________________________________________________________ Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ___________________________________________ Signature of party applying Address: ______________________________________________________________________ Telephone Number: ____________________________________________________________ ******************************************************************************* Received on ____________________________________________________________________ (year, month, day) A protection hearing is set for ___________________________________________________ (year, month, day, time) at: ____________________________________________________________________________ (place) (street address) (city/town) _____________________________________________ Clerk of the Court/Local Registrar 27 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form H [Subsection 8(2)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ NOTICE OF PROTECTION HEARING NOTICE OF PRETRIAL NOTICE OF ADJOURNMENT Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ To: ____________________________________________________________________________ (Name of parent or band being served) Take notice that an application for a protection hearing pursuant to: subsection 14(4) (no agreement for family services); subsection 15(3) (no agreement for family services after mediation); clause 17(4)(b) (child is apprehended); or subsection 38(2) (extension of order dated _______________________________ ); of The Child and Family Services Act will be held because _________________________ _______________________________________________________________________________ (reason child is in need of protection) The hearing will be held at: _______________________________________________________________________________ (place) (street address) (city/town) on: ___________________________________________________________________________ (year, month, day, time) Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Officer Officer’s Name: ________________________________________________________________ Office Address: _________________________________________________________________ Office Telephone Number: ______________________________________________________ 28 C-7.2 REG 1 CHILD AND FAMILY SERVICES EX-PARTE NOTICE: PLEASE BE ADVISED THAT THE PROTECTION HEARING MAY PROCEED WHETHER OR NOT YOU AND/OR YOUR LEGAL COUNSEL ARE PRESENT. RECOMMENDATION OF THE MINISTRY: _____________________________________ ******************************************************************************* I, ____________________________________________agree to waive the requirement of 3 business days’ notice of the protection hearing. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Signature Form I [Subsection 8(3)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ NOTICE OF APPLICATION TO VARY OR TERMINATE AN ORDER PURSUANT TO SECTION 39 OF THE CHILD AND FAMILY SERVICES ACT Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ To: ____________________________________________________________________________ (parties to original protection order) Take notice that an application for a hearing pursuant to section 39 of The Child and Family Services Act to vary or terminate the order dated _________________________ , will be held at: _______________________________________________________________________________ (place) (street address) (city/town) on: ___________________________________________________________________________ (year, month, day, time) as there has been a change in circumstances and it is in the best interests of the child to vary or terminate the order. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Signature of party applying ____________________________________________________ Print Name of Party Applying Address: ______________________________________________________________________ Telephone Number: ____________________________________________________________ ******************************************************************************* 29 CHILD AND FAMILY SERVICES C-7.2 REG 1 I, _________________ agree to waive the requirement of 15 days’ notice of the hearing. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ (Parents) ____________________________________________________ Director ******************************************************************************* I accept service of this notice. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Director Form J [Section 9] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ WITHDRAWAL OF APPLICATION FOR A PROTECTION HEARING Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I, __________________________________________, an officer pursuant to The Child and (officer) Family Services Act state that a protection hearing pursuant to The Child and Family Services Act is scheduled to be held on ___________________________________ . (year, month, day) 1. The parent(s) and director reached an agreement for the provision of family services. (OR) I am of the view that the child is no longer in need of protection pursuant to The Child and Family Services Act. 2. I withdraw the application for a protection hearing pursuant to section 25 of The Child and Family Services Act. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________________________ Officer 30 C-7.2 REG 1 CHILD AND FAMILY SERVICES Officer’s Name: ________________________________________________________________ Office Telephone Number: ______________________________________________________ Received on: ___________________________________________________________________ (year, month, day) ___________________________________________ Clerk of the Court/Local Registrar Form K [Section 10] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ INTERIM ORDER PURSUANT TO SECTION 35 OF THE CHILD AND FAMILY SERVICES ACT Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Before: Justice ______________ of the Court of King’s Bench (Family Law Division) on the ____________ day of _________________________ , 20 ____________ ; (or) Judge _________________________ of the Provincial Court of Saskatchewan at ____________________________________________________, Saskatchewan, on the ____________ day of ______________________________, 20 ________ . Having heard the evidence adduced, I make an Interim Order that the child: 1. remain with his/her parent(s): ________________________________________ (name) (OR) 1. return to his/her parent(s): ___________________________________________ (name) 2. remain with ___________ , a person having sufficient interest in the child; (OR) 1. be placed in the care of _____________________________________________ , (name) a person having sufficient interest in the child; or 31 CHILD AND FAMILY SERVICES C-7.2 REG 1 3. remain in the care of the minister; (OR) be placed in the care of the minister; on the following terms and conditions: ___________________________________________ _______________________________________________________________________________ And I order that the protection hearing commenced before me be adjourned to: _______________________________________________________________________________ (year, month, day, time) Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ________________________________________ Clerk of the Court/Local Registrar Form L [Subsection 11(1)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ ORDER PURSUANT TO SECTION 37 OF THE CHILD AND FAMILY SERVICES ACT Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Before: Justice ______________ of the Court of King’s Bench (Family Law Division) on the ____________ day of _________________________ , 20 ____________ ; (or) Judge _________________________ of the Provincial Court of Saskatchewan at ____________________________________________________, Saskatchewan, on the ____________ day of ______________________________, 20 ________ . Having heard the evidence adduced I find the child to be in need of protection: pursuant to clause 11(a) of The Child and Family Services Act as a result of action or omission by the child’s parent(s); the child has suffered or is likely to suffer physical harm; the child has suffered or is likely to suffer a serious impairment of mental or emotional functioning; 32 C-7.2 REG 1 CHILD AND FAMILY SERVICES the child has been or is likely to be exposed to harmful interaction for a sexual purpose, including conduct that may amount to an offence within the meaning of the Criminal Code; medical, surgical or other recognized remedial care or treatment that is considered essential by a duly qualified medical practitioner has not been or is not likely to be provided to the child; the child’s development is likely to be seriously impaired by failure to remedy a mental, emotional or developmental condition; or the child has been exposed to interpersonal violence or severe domestic disharmony that is likely to result in physical or emotional harm to the child; pursuant to clause 11(b) of The Child and Family Services Act as there is no adult person who is able and willing to provide for the child’s needs, and physical or emotional harm to the child has occurred or is likely to occur; or pursuant to clause 11(c) of The Child and Family Services Act as the child is less than 12 years of age and; (a) there are reasonable grounds to believe that: (i) the child has committed an act that, if the child were 12 years of age or more, would constitute an offence under the Criminal Code, the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada); and (ii) family services are necessary to prevent a recurrence; and (b) the child’s parent(s) is unable or unwilling to provide for the child’s needs. And I order that: _______________________________________________________________________________ (describe order) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ________________________________________ Clerk of the Court/Local Registrar 33 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form M [Subsection 11(2)] In the Court of King’s Bench (Family Law Division) Judicial Centre of ____________________________________ (or) The Provincial Court of Saskatchewan at ___________________________________________________ ORDER PURSUANT TO SECTION 39 OF THE CHILD AND FAMILY SERVICES ACT Re:____________________________________________________________________________ (Name and birth date of child) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Before: Justice ______________ of the Court of King’s Bench (Family Law Division) on the ____________ day of _________________________ , 20 ____________ ; (or) Judge _________________________ of the Provincial Court of Saskatchewan at ____________________________________________________, Saskatchewan. Having heard the evidence adduced that: (a) there has been a change in circumstances; and (b) it is in the best interests of the child to: vary the order dated ______________________________________________; or terminate the order dated ___________________________________________ ; and I order that: _______________________________________________________________________ (describe order) _______________________________________________________________________ _______________________________________________________________________ Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ________________________________________ Clerk of the Court/Local Registrar 34 C-7.2 REG 1 CHILD AND FAMILY SERVICES Form N [Clause 12(a)] AFFIDAVIT OF PERSONAL SERVICE Canada Province of Saskatchewan I, ______________________________________, of __________________________________, (Name) (city/town) Saskatchewan, ______________________________________________, make oath and say: (occupation) That on the ______________ day of _____________________________ , 20 ____________ , I personally served _____________________________________________________________ (name of person served) with a true copy of this Notice by giving the copy to and leaving it with _____________ at __________________________________________ in ________________, Saskatchewan (address) (city/town) SWORN before me at ____________________ , Saskatchewan, this ___________________day of ____________________, 20 _____________ . ______________________________ (Signature) _________________________________________ A Commissioner for Oaths in and for Saskatchewan or a Notary Public My commission expires __________________ . 35 CHILD AND FAMILY SERVICES C-7.2 REG 1 Form O [Clause 12(b)] AFFIDAVIT OF SERVICE BY REGISTERED OR CERTIFIED MAIL I, ___________________________________ , of ____________________________________, (name) (city/town) Saskatchewan, ______________________________________________, make oath and say: (occupation) 1. That I served __________________________________________________________, (name of person to be served) with a true copy of this Notice by mailing the same by: prepaid registered mail; or prepaid certified mail addressed as follows: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 2. true copy of this notice was mailed by: prepaid registered mail; (or) prepaid certified mail on ________________________________ . (year, month, day) 3. That the basis of my information and belief as to the postal address of the addressee is: SWORN before me at ____________________ , Saskatchewan, this ___________________day of ____________________, 20 _____________ . ______________________________ (Signature) _________________________________________ A Commissioner for Oaths in and for Saskatchewan or a Notary Public My commission expires __________________ . 36 C-7.2 REG 1 CHILD AND FAMILY SERVICES Form P [Section 17] VOLUNTARY COMMITTAL In the matter of The Child and Family Services Act and in the matter of the voluntary committal of __________________________________________________________________ . (child’s full name) I, _________________________________, of ________________________ , ______________ (name of parent) (city/town) (province) hereby certify that: 1. I am the parent, within the meaning of Part V of The Child and Family Services Act of ____________________ , born at _________________________, ___________ on (child’s name) (city/town) (province) ________________________ ______________________ ____________________ . (month) (day) (year) 2. Pursuant to subsection 46(1) of The Child and Family Services Act, I voluntarily commit _________________________________to the Minister of Social Services. (child’s name) 3. I am aware that I may seek advice from an independent third party before making this voluntary committal. Dated at ______________, Saskatchewan this ____ day of _______________ , 20 ____. (city/town) ____________________________________ ______________________________________ (witness) (parent) ____________________________________ ______________________________________ (witness) Director for _________________________ Region 7 Jne 2024 SR 43/2024 s21. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024
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