BILL 49
An Act to Amend the
Family Services Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
preamble of the Family Services Act, chapter F- 2.2 of the Acts of
New Brunswick, 1980, is amended by adding after the sixth paragraph
the following:
WHEREAS the best interests and safety of
the child must always prevail when there is a conflict between risk
to the child and the preservation of the family unit; and
2 Subsection
30(10) of the Act is amended by adding “a person who provides mediation
services pursuant to section 31.1” after “a
guidance counsellor,”.
3 The
Act is amended by adding after section 31 the following:
Plan for care of a child
31.1(1) Where the Minister has determined, after completing an investigation,
that the security or development of a child is in danger, the Minister
may establish a plan for the care of the child to ensure that his
or her security and development are adequately protected, and may
subsequently replace or amend the plan at any time as circumstances
require.
31.1(2) The Minister shall consider using the
collaborative approach of mediation or a family group conference in
establishing, replacing or amending a plan referred to in subsection
(1).
31.1(3) If the Minister and the parent of the
child agree, they may establish, replace or amend a plan referred
to in subsection (1) by means of mediation or a family group conference.
31.1(4) Any issue with respect to a plan for the care of a child may
be dealt with during a mediation or family group conference, except
the determination of the Minister that the security or development
of the child is in danger and the factors that led the Minister to
that determination.
31.1(5) Except as provided under section 30 and subsection (6), all information obtained and discussions that
occur during a mediation or family group conference held pursuant
to this section are confidential and shall not be disclosed.
31.1(6) Information that is contained in a signed written agreement between
the Minister and any other party to a mediation or family group conference
may be disclosed in accordance with this Act or any other applicable
law.
31.1(7) Except as provided under section 30, no person may be compelled to give
evidence in any court in any proceeding of a judicial nature or in
any investigative process concerning any information that comes to
the knowledge of the person as a participant in a mediation or family
group conference for establishing, replacing or amending a plan for
the care of a child pursuant to this section.
4 The
Act is amended by adding after section 51 the following:
Adjournment to permit mediation,
family group conference
51.01(1) Notwithstanding that the Minister has applied for an order regarding
a child under paragraph 51(1)(c)
or subsection 51(2), the court may
adjourn the hearing if the parent of the child in respect of whom
the application is made and the Minister request the court to grant
an adjournment to permit the parties to enter into mediation or engage
in a family group conference for the purpose of establishing, replacing
or amending a plan for the care of the child pursuant to section 31.1.
51.01(2) Any adjournment granted under subsection (1) shall not set the
date for the hearing of the application more than 90 days after the
date of the first appearance of the Minister in court in respect of
the application.
51.01(3) Any time limit that would otherwise be applicable under this
Part to the disposition of an application under section 51 ceases to operate from the day an adjournment
is granted under this section to the day before the hearing is to
recommence, inclusive.
51.01(4) If an agreement between the Minister and the parent is reached
respecting the establishment, replacement or amendment of a plan for
the care of a child during an adjournment granted under this section,
the Minister shall advise the court and may withdraw the application.
5 Section
131 of the Act is amended by striking out “In any custody proceeding,
whether or not brought under this Part,” and substituting “In any custody proceeding
brought under this Part”.
6 Section 143 of the Act is amended by adding
after paragraph (d) the following:
(d.1) defining “mediation”
and “family group conference” for the purposes of section 31.1;
(d.2) respecting mediation and family
group conferences for the purposes of section 31.1;
7 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.