Part 3 ― Child Protection
<A name=part3_division1>Division 1 ― Responding to Reports
<A name=section13>When protection is needed
13 (1) A child needs protection in the following circumstances:
(a) if the child has been, or is likely to be, physically harmed by the child's parent;
(b) if the child has been, or is likely to be, sexually abused or exploited by the child's parent;
(c) if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling or unable to protect the child;
(d) if the child has been, or is likely to be, physically harmed because of neglect by the child's parent;
(e) if the child is emotionally harmed by the parent's conduct;
(f) if the child is deprived of necessary health care;
(g) if the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment;
(h) if the child's parent is unable or unwilling to care for the child and has not made adequate provision for the child's care;
(i) if the child is or has been absent from home in circumstances that endanger the child's safety or well-being;
(j) if the child's parent is dead and adequate provision has not been made for the child's care;
(k) if the child has been abandoned and adequate provision has not been made for the child's care;
(l) if the child is in the care of a director or another person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no longer in force.
(1.1) For the purpose of subsection (1) (b) and (c) and section 14 (1) (a) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,
(a) encouraged or helped to engage in prostitution, or
(b) coerced or inveigled into engaging in prostitution.
(2) For the purpose of subsection (1) (e), a child is emotionally harmed if the child demonstrates severe
(a) anxiety,
(b) depression,
(c) withdrawal, or
(d) self-destructive or aggressive behaviour.
<A name=section14>Duty to report need for protection
14 (1) A person who has reason to believe that a child needs protection under section 13 must promptly report the matter to a director or a person designated by a director.
(2) Subsection (1) applies even if the information on which the belief is based
(a) is privileged, except as a result of a solicitor-client relationship, or
(b) is confidential and its disclosure is prohibited under another Act.
(3) A person who contravenes subsection (1) commits an offence.
(4) A person who knowingly reports to a director, or a person designated by a director, false information that a child needs protection commits an offence.
(5) No action for damages may be brought against a person for reporting information under this section unless the person knowingly reported false information.
(6) A person who commits an offence under this section is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.
(7) The limitation period governing the commencement of a proceeding under the
Offence Act does not apply to a proceeding relating to an offence under this section.
<A name=section15>If a young child breaks the law
15 (1) A police officer may take charge of a child and deliver him or her to a parent if the police officer considers that the child
(a) is under 12 years of age, and
(b) has acted in a manner prohibited by law or has failed or refused to act in a manner required by law.
(2) If the child has killed, assaulted or endangered another person, the police officer must report the circumstances to a director, and, in any other case, may report the circumstances to a director.
<A name=section16>Finding out if a child needs protection
16 (1) On receiving a report about a child under section 14, 15 or 27, a director must determine whether to refer the report to another director.
(1.1) If, under subsection (1), the director makes a determination to refer the report to another director,
(a) he or she must refer the report promptly, and
(b) the other director must assess the information in the report.
(1.2) If the director does not refer the report to another director, he or she must assess the information in the report.
(2) After the assessment, the director may
(a) offer support services and agreements to the child and family,
(b) refer the child and family to a community agency, or
(c) investigate the child's need for protection.
(3) The director must make all reasonable efforts to report the result of the investigation under subsection (2) (c) to
(a) the parent apparently entitled to custody of the child,
(b) the person who reported the information that led to the investigation, and
(c) any other person or community agency if the director determines this is necessary to ensure the child's safety or well-being.
(4) In addition, the director may report the result of the investigation to the child if he or she is capable of understanding the information.
(5) Subsections (3) and (4) do not apply
(a) if reporting the result of the investigation would, in the opinion of the director, cause physical or emotional harm to any person or endanger the child's safety, or
(b) if a criminal investigation into the matter is under way or contemplated.
<A name=section17>If director is denied access to child
17 (1) On application by a director, the court may make an order under this section if
(a) there are reasonable grounds to believe a child needs protection,
(b) a person refuses
(i) to give a director access to the child, or
(ii) to provide a director with all the information known to the person that may assist the director in locating the child, and
(c) access to the child is necessary to determine if the child needs protection.
(2) In an order under this section, the court may do one or more of the following:
(a) authorize the director, a police officer or a person specified in the order to, by force if necessary, enter the premises or vehicle or board the vessel specified in the order and to search for the child;
(b) require a person to disclose all the information known to the person that may assist the director in locating the child;
(c) require a person to allow the director or another person to interview or to visually examine the child, or to do both;
(d) authorize the director to take the child away from the premises, vehicle or vessel for an interview or medical examination;
(e) authorize a medical practitioner or other health care provider to examine the child.
(3) The court may attach any terms or conditions to an order under this section.
(4) If the child is taken away from the premises, vehicle or vessel for an interview or medical examination, the director must return the child to the parent when the interview or medical examination is completed unless the director proceeds under section 30.
(5) At the request of a director, a police officer must assist in enforcing an order made under subsection (2).
<A name=section18>If location of child is not disclosed
18 (1) If a person does not comply with an order under section 17 (2) (b) or (c), the court may issue a warrant for the person's arrest to bring him or her before the court to explain why the order should not be enforced.
(2) Unless the court is satisfied when the person appears before the court that he or she is for valid reasons unable to comply with the order, the court may order that the person be imprisoned for the shorter of the following periods:
(a) until the person complies with the order;
(b) 30 days.
<A name=section19>Orders for access or warrants may be obtained by telephone
19 (1) A director may apply to a judge of the court in person, by telephone or by any other means of telecommunication for an order under section 17 or 63 or a warrant under section 28 (3.3) or 98 (4.3).
(2) If a judge of the court is not available,
(a) a director may apply in person, by telephone or by any other means of telecommunication to a justice of the peace, designated for the purpose by the chief judge of the court, for an order under section 17 or 63 or a warrant under section 28 (3.3) or 98 (4.3), and
(b) the justice may make the order or issue the warrant.
<A name=part3_division2>Division 2 ― Cooperative Planning and Dispute Resolution
<A name=section20>Family conference
20 (1) The purpose of a family conference is to enable and assist the family to develop a plan of care that will
(a) protect the child from harm,
(b) serve the best interests of the child,
(c) take into account the wishes, needs and role of the family, and
(d) take into account the child's culture and community.
(2) If a director concludes after an investigation that a child needs protection, the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.
(3) Subsection (2) applies whether or not the child has been removed.
(4) If the offer is accepted, the family conference coordinator may, after talking to the parent or other family member, convene a family conference.
<A name=section21>Plan of care
21 (1) The plan of care developed by means of a family conference must include the director's consent and may include provision for services to support and assist the family and to make the family safe for the child.
(2) The plan of care may include provision for one or more of the following:
(a) the child to reside in the home of a relative or other person;
(b) a person, including a parent, to reside outside the child's home;
(c) the director to have access to the child.
(3) If the child is 12 years of age or over, the director must before agreeing to the plan of care
(a) explain the plan of care to the child, and
(b) take the child's views into account.
(4) A plan of care may only be made for a specified period of up to 6 months, but may be extended for one or more periods,
(a) with the agreement of the director and the persons who developed the plan of care, and
(b) if the total period of all consecutive plans of care with all directors relating to the same child, including all extensions, is not more than 18 months.
<A name=section22>Mediation or other alternative dispute resolution mechanisms
22 If a director and any person are unable to resolve an issue relating to the child or a plan of care, the director and the person may agree to mediation or other alternative dispute resolution mechanisms as a means of resolving the issue.
<A name=section23>Effect of family conference, mediation or other alternative dispute resolution mechanisms on court proceeding
23 (1) On application the court may adjourn a proceeding under this Part one or more times, for a total period of up to 3 months, so that a family conference, mediation or other alternative dispute resolution mechanism can proceed.
(2) If the proceeding is adjourned, any time limit applicable to the proceeding is suspended.
(3) If, as a result of a family conference, mediation or other alternative dispute resolution mechanism, a written agreement is made after a proceeding is commenced to determine if the child needs protection, the director may file the agreement with the court.
<A name=section24>Confidentiality of information
24 (1) A person must not disclose, or be compelled to disclose, information obtained in a family conference, mediation or other alternative dispute resolution mechanism, except
(a) with the consent of everyone who participated in the family conference or mediation,
(b) to the extent necessary to make or implement an agreement about the child,
(c) if the information is disclosed in an agreement filed under section 23, or
(d) if the disclosure is necessary for a child's safety or for the safety of a person other than a child, or is required under section 14.
(2) This section applies despite section 79 of this Act and despite any provision, other than section 44 (1) (b), (2), (2.1) and (3), of the
Freedom of Information and Protection of Privacy Act.
(3) Subsection (2) does not apply to personal information, as defined in the
Freedom of Information and Protection of Privacy Act, that has been in existence for at least 100 years or to other information that has been in existence for at least 50 years.
<A name=part3_division3>Division 3 ― How Children are Protected
<A name=section25>Unattended child
25 (1) If a child is found without adequate supervision when any premises or vehicle is entered or when a vessel is boarded under this Act, a director may do any of the following:
(a) take the child to a safe place and arrange for someone to look after the child for up to 72 hours;
(b) remain on the premises, in the vehicle or on the vessel;
(c) arrange for homemaker services to be provided for the shorter of the following periods:
(i) until other adequate supervision is available for the child;
(ii) 72 hours.
(2) If homemaker services are provided, the homemaker may enter the premises, vehicle or vessel where the child is and look after the child.
(3) The director must make all reasonable efforts to notify the child's parent of any steps taken by the director under subsection (1).
(4) The director may
(a) authorize a health care provider to examine the child, and
(b) consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.
(5) Subsection (4) does not affect a child's right under section 17 of the
Infants Act to consent to health care.
<A name=section26>Lost or runaway child
26 (1) A director may take charge of a child for a period of up to 72 hours if it appears to the director that the child is lost or has run away.
(2) On taking charge of the child, the director
(a) must make all reasonable efforts to locate a parent, guardian or other person responsible for the child, and
(b) may take the child to a safe place or arrange for someone to look after the child.
(3) If the person responsible for the child is located, the director may
(a) return the child or facilitate the child's return to that person, or
(b) place the child with another person at the request of the person responsible for the child and with the consent of the other person.
(4) Section 25 (4) and (5) applies to the child while in the charge of the director.
(5) If the person responsible for the child is not located by the end of the 72 hour period, the director no longer has charge of the child.
<A name=section27>Child in immediate danger
27 (1) A police officer may, without a court order, take charge of a child if the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger.
(2) A police officer may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of taking charge of a child under subsection (1) if
(a) the police officer has reasonable grounds to believe that the child's health or safety is in immediate danger, and
(b) a person denies the police officer access to the child or no one is available to provide access.
(3) On taking charge of the child, the police officer must immediately report the circumstances to a director and
(a) take the child to a director or to a person or place designated by a director, or
(b) with the approval of a director, return the child to the child's parent or take the child to a person designated by the parent.
(4) If the child is taken to a director or to a person or place designated by a director, the director may take charge of the child for up to 24 hours and must
(a) immediately make all reasonable efforts to notify the child's parent,
(b) investigate the circumstances, and
(c) look after the child while in the director's charge.
(5) The director must as soon as possible
(a) return the child to the parent, or
(b) place the child with a person at the request of the parent and with the consent of the other person,
unless the director proceeds under section 30.
(6) Section 25 (4) and (5) applies to the child while in the charge of the director.
<A name=section28>Child who needs to be protected from contact with someone
28 (1) If there are reasonable grounds to believe that contact between a child and another person would cause the child to need protection under section 13 (1) (a) to (e) or (i), a director may apply to the court for a protective intervention order.
(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the following:
(a) the person against whom the order is sought;
(b) the child, if 12 years of age or over;
(c) the person with care of the child.
(2.1) The director must, if practicable, inform each parent of the time, date and place of the hearing unless
(a) the parent has already been served under subsection (2), or
(b) informing the parent would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.
(3) If satisfied that there are reasonable grounds to believe that contact between the child and another person would cause the child to need protection under section 13 (1) (a) to (e) or (i), the court may, in the child's best interests, do one or more of the following:
(a) prohibit the other person for a period of up to 6 months from contacting or interfering with or trying to contact or interfere with the child or from entering any premises or vehicle or boarding any vessel the child attends;
(b) prohibit the other person for a period of up to 6 months from residing with the child or from entering any premises or vehicle, or boarding any vessel, where the child resides, including any premises, vehicle or vessel that the other person owns or has a right to occupy;
(c) if the court thinks the other person may not comply with an order under paragraph (a) or (b), order that person to
(i) enter into a recognizance, with or without sureties, in an amount the court thinks necessary and reasonable,
(ii) report to the court, or to a person named by the court, for the period of time and at the times and places the court thinks necessary and reasonable, or
(iii) produce to the court, or to a person named by the court, any documents the court thinks fit;
(d) include any terms necessary to implement an order under paragraph (a), (b) or (c).
(3.1) In a protective intervention order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the protective intervention order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the protective intervention order.
(3.2) An order under subsection (3.1) does not authorize entry into a dwelling for the purpose of arresting a person.
(3.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (3.4) and by force if necessary, to enter any dwelling specified in the warrant for the purpose of arresting a person against whom a protective intervention order has been made if there are reasonable grounds to believe that that person
(a) has contravened or is contravening the order, and
(b) is or will be present in the dwelling.
(3.4) A police officer may not enter a dwelling specified in a warrant under subsection (3.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.
(3.5) The court must include in a warrant issued under subsection (3.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.
(3.6) A person arrested under an order made under subsection (3.1) or a warrant issued under subsection (3.3) must
(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or
(b) be released under section 38 (3) of the
Offence Act, as though the person had been arrested under a warrant issued under that Act and the warrant had been endorsed under section 38 (2) of that Act.
(4) Before the protective intervention order expires, the director or the person against whom the order was made may apply to the court and the court may do one or more of the following:
(a) change the order;
(a.1) include an order under subsection (3.1);
(b) cancel the order;
(c) shorten the term of the order;
(d) extend the term of the order for one period of up to 6 months.
(5) At the request of a director, a police officer must assist in enforcing a protective intervention order.
(5.1) If a director has applied to a court for a protective intervention order under subsection (1) and the court has ordered an adjournment of the hearing, the court may make an interim order
(a) for the purposes described in subsection (3), and
(b) for the period from the adjournment of the hearing until the conclusion of the hearing.
(6) A protective intervention order may be made at any time, including before, at or after a presentation hearing or other hearing.
(7) In this section,
"court" means the Supreme Court or the Provincial Court.
<A name=section29>Child who needs necessary health care
29 (1) If a child or a parent of a child refuses to give consent to health care that, in the opinion of 2 medical practitioners, is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, a director may apply to the court for an order under this section.
(2) At least 2 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on
(a) each parent,
(b) the child, if capable of consenting to health care, and
(c) any other person the court directs.
(3) If satisfied that the health care is necessary to preserve the child's life or to prevent serious or permanent impairment of the child's health, the court may make an order
(a) authorizing the health care,
(b) prohibiting any person from obstructing the provision of the health care,
(c) requiring a parent or another person to deliver the child to the place where the health care will be provided, and
(d) including any other terms, including the duration of the order, that the court considers necessary.
(4) In this section,
"child" includes a child in care.
(5) This section does not limit a director's power to remove the child under section 30 or to take any other steps authorized by this Act to protect the child.
<A name=section29.1>If a supervision order is needed
29.1 (1) A director may apply to the court for an order that the director supervise a child's care if the director has reasonable grounds to believe that
(a) the child needs protection, and
(b) a supervision order would be adequate to protect the child.
(2) Notice of the time, date and place of the presentation hearing relating to an application under this section must be served in accordance with section 33.1 (1), (2) and (3).
<A name=section30>Removal of child
30 (1) A director may, without a court order, remove a child if the director has reasonable grounds to believe that the child needs protection and that
(a) the child's health or safety is in immediate danger, or
(b) no other less disruptive measure that is available is adequate to protect the child.
(2) A director may, without a court order and by force if necessary, enter any premises or vehicle or board any vessel for the purpose of removing a child under subsection (1) if
(a) the director has reasonable grounds to believe that the child is in the premises or vehicle or on the vessel, and
(b) a person denies the director access to the child or no one is available to allow access to the child.
(3) If requested by a director, a police officer must accompany and assist the director in exercising the authority given by this section.
(4) A director's authority or duty under this Act to remove a child applies whether or not
(a) a family conference, mediation or other alternative dispute resolution mechanism is scheduled or in progress,
(b) a date is set for hearing an application under section 29.1, or
(c) any other steps have been taken under this Act
with respect to the child.
<A name=section31>Parents to be notified of child's removal
31 (1) A director who removes a child must promptly make all reasonable efforts to notify each parent of the child's removal.
(2) The notice must if practicable be in writing and must include a statement of the reasons for removing the child.
<A name=section32>Care of child until an order is made at the presentation hearing
32 (1) If a child is removed under section 30, 36 or 42, the director has care of the child until
(a) the child is returned by the director under section 33 (1) or (1.1),
(b) the court makes an interim order about the child under section 35 (2), 36 (3) or 42.1 (6), or
(c) the child is returned by the court under section 35 (2) (c),
(d) [Repealed 1999-26-13.]
whichever happens first.
(2) While the child is in the director's care, the director may
(a) authorize a health care provider to examine the child, and
(b) consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.
(3) On consenting to health care for the child, the director must, if practicable, notify the parent who at the time of the child's removal was apparently entitled to custody.
(4) Subsection (2) does not affect a child's right under section 17 of the
Infants Act to consent to health care.
(5) While the child is in the director's care, the director may consent to the child's participation in routine school, social or recreational activities.
<A name=section33>Returning the child before the presentation hearing
33 (1) Before a presentation hearing relating to the removal of a child under section 30, the director may return the child to the parent apparently entitled to custody if
(a) the director makes an agreement with the parent that the director considers adequate to protect the child,
(b) the director considers that circumstances have changed so that the child no longer needs protection,
(c) the director receives information that causes the director to believe the child does not need protection, or
(d) a less disruptive means of protecting the child becomes available.
(1.1) Before a presentation hearing relating to the removal of a child under section 36 or 42, the director may return the child to the parent or other person who, at the time of the removal, was caring for the child under a director's supervision, if
(a) the director is satisfied that circumstances have changed so that the order in force at the time of the removal is adequate to protect the child, or
(b) the director is, as a result of new information received after the removal, satisfied that the order in force at the time of the removal is adequate to protect the child.
(2) When a child is returned, the director must inform the parent in writing whether the director intends to withdraw from a proceeding under this Part or to take further steps under this Part.
(3) If the director does not intend to take further steps under this Part, the director must, within 7 days after the child's removal,
(a) present to the court a written report on the director's reasons for removing and returning the child, and
(b) provide a copy of the report to the child's parent and any person notified of the presentation hearing.
(4) If a director returns a child under subsection (1.1) and withdraws from a hearing referred to in that subsection, the order that was in force when the child was removed continues to apply.
<A name=part3_division4>Division 4 ― Child Protection Hearings and Orders
<A name=section33.1>Timing and notice of presentation hearing about application for supervision order
33.1 (1) No later than 10 days after the date of applying under section 29.1 for a supervision order, the director must attend court for a presentation hearing unless the court is notified that the director does not intend to proceed with the application.
(2) At least 7 days before the date set for the presentation hearing, notice of the date, time and place of the hearing must be served on
(a) the child, if 12 years of age or over, and
(b) the person with care of the child.
(3) The notice must be in the form of a written report described in section 33.2 (1).
(4) In addition, the director must, if practicable, inform the following of the date, time and place of the presentation hearing:
(a) each parent, if not already served under subsection (2);
(b) the Public Guardian and Trustee, if the parent entitled to custody of the child is under 19 years of age;
(c) the applicable aboriginal organization prescribed in the regulations for the purposes of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;
(d) the Nisga'a Lisims Government, if the child is a Nisga'a child, and
(e) the treaty first nation, if the child is a treaty first nation child.
(5) The director need not inform a person under subsection (4) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.
<A name=section33.2>Presentation hearing about application for supervision order
33.2 (1) At a presentation hearing relating to an application under section 29.1 for a supervision order, the director must present to the court a written report that includes
(a) the grounds for making the application, and
(b) an interim plan of care for the child, including the director's recommendations about the terms and conditions to be included in the supervision order.
(2) If satisfied that there are reasonable grounds to support the director's concerns regarding the child, the court must make at the conclusion of the presentation hearing an interim order that the director supervise the child's care.
<A name=section33.3>Nature of presentation hearing
33.3 A presentation hearing is a summary hearing and must be concluded as soon as possible.
<A name=section34>Duty to attend and inform others of presentation hearing
34 (1) No later than 7 days after the day a child is removed under section 30, the director must attend the court for a presentation hearing.
(2) Subsection (1) does not apply if the director has returned the child under section 33 and withdrawn from the presentation hearing.
(3) The director must, if practicable, inform the following of the time, date and place of the hearing:
(a) the child, if 12 years of age or over;
(b) each parent;
(c) the Public Guardian and Trustee, if the parent apparently entitled to custody of the child is under 19 years of age;
(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;
(e) the Nisga'a Lisims Government, if the child is a Nisga'a child, and
(f) the treaty first nation, if the child is a treaty first nation child.
<A name=section35>Presentation hearing and orders
35 (1) At a presentation hearing relating to the removal of a child under section 30, the director must present to the court a written report that includes
(a) the circumstances that caused the director to remove the child,
(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity, and
(c) information about any less disruptive measures considered by the director before removing the child.
(2) At the conclusion of the hearing, the court must make
(a) an interim order that the child be in the custody of the director,
(b) an interim order that the child be returned to or remain with the parent apparently entitled to custody, under the supervision of the director,
(c) an order that the child be returned to or remain with the parent apparently entitled to custody, or
(d) an interim order that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision.
(3) and (4) [Repealed 1997-46-9 (b).]
<A name=section36>If an interim supervision order no longer protects the child
36 (1) A director must, without any further court order, remove a child who is the subject of an interim order under section 33.2 (2), 35 (2) (b) or (d) or subsection (3) of this section if either or both of the following apply:
(a) the director has reasonable grounds to believe that the order no longer protects the child;
(b) the director has reasonable grounds to believe that a person has not complied with a term or condition of the order and a director is required by that order to remove the child if the person does not comply with that term or condition.
(2) The following provisions apply for the purposes of this section:
(a) section 30 (2) and (3) (entry powers and power to require assistance of police officer);
(b) section 34 (1) and (2) (duty to attend presentation hearing);
(c) [Repealed 1999-26-14.]
(2.1) The director must, if practicable, inform the following of the time, date and place of the presentation hearing relating to the child's removal under subsection (1):
(a) the child, if 12 years of age or over;
(b) each parent;
(c) any person made a party under section 39 (4);
(d) the Public Guardian and Trustee, if the parent apparently entitled to custody is under 19 years of age;
(e) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child;
(f) the Nisga'a Lisims Government, if the child is a Nisga'a child;
(g) the treaty first nation, if the child is a treaty first nation child.
(2.2) The director need not inform a person under subsection (2.1) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.
(3) At the conclusion of the presentation hearing relating to the child's removal under subsection (1), the court must, as follows:
(a) if the court is not satisfied that the child was removed in accordance with this section, make an interim order
(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under a director's supervision, and
(ii) that the order in force at the time of the removal continue to apply, or
(b) if the court is satisfied that the child was removed in accordance with this section, make an interim order
(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under a director's supervision and that the child be under the director's supervision, or
(ii) that the child be in the custody of the director.
<A name=section37>Arranging a subsequent hearing
37 (1) At the conclusion of a presentation hearing under section 33.2, 35 or 36 (2), the court must set the earliest possible date for a hearing to determine if the child needs protection, or confirm any date previously set for the protection hearing, unless the court has made
(a) no order under section 33.2 (2),
(b) an order under section 35 (2) (c), or
(c) a consent order under section 60.
(2) The date set under subsection (1) for commencing the hearing must not be more than 45 days after the conclusion of the presentation hearing, and the hearing must be concluded as soon as possible.
<A name=section38>Notice of protection hearing
38 (1) At least 10 days before the date set for a protection hearing, notice of the time, date and place of the hearing must be served as follows:
(a) on the child, if 12 years of age or over;
(b) on each parent;
(c) if the child is registered or entitled to be registered as a member of an Indian band, on a designated representative of the band;
(c.1) if the child is a Nisga'a child, on a designated representative of the Nisga'a Lisims Government;
(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation;
(d) if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, on a designated representative of an aboriginal 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;
(d.1) on any party to the proceeding in which the court made the existing order about the child;
(d.2) on a person who has an interim order for custody of the child under section 35 (2) (d);
(e) on any other person the court considers appropriate.
(2) The notice must specify the orders the director intends to request and include a copy of any plan of care the director intends to present to the court, unless the parent and any other person entitled to notice agree to wait until a later date for that information.
<A name=section39>Parties to proceeding
39 (1) If the following persons appear at the commencement of the protection hearing, they are entitled to be parties at the hearing:
(a) each parent of the child;
(b) the director;
(c) if the child is an aboriginal child, other than a Nisga'a child or a treaty first nation child, the designated representative of the Indian band or aboriginal community who was served with notice of the hearing;
(d) if the child is a Nisga'a child, the designated representative of the Nisga'a Lisims Government who was served with notice of the hearing;
(d.1) if the child is a treaty first nation child, the designated representative of the treaty first nation who was served with notice of the hearing;
(e) a person who has an interim order for custody of the child under section 35 (2) (d).
(2) If a person referred to in subsection (1) (a), (b), (c), (d) or (d.1) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled
(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and
(b) to be a party at the hearing if the person appears.
(3) If the court orders under section 41 (1) (b) that the child be placed in the custody of a person other than the parent or a director, that person is entitled
(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and
(b) to be a party at the hearing if the person appears.
(4) The court may order that a person be a party at any hearing.
<A name=section40>Protection hearing
40 (1) At the protection hearing the court must determine whether the child needs protection.
(2) If the court finds that the child does not need protection, it must
(a) if the child was removed, order the director to return the child as soon as possible to the parent apparently entitled to custody unless the child has already been returned, and
(b) terminate any interim order made under sections 33.2 (2), 35 (2) and 36 (3).
(3) If the court finds that the child needs protection, it
(a) must consider the plan of care presented by the director, and
(b) may hear any more evidence the court considers necessary to help it determine which order should be made under section 41.
<A name=section41>Orders made at protection hearing
41 (1) Subject to subsection (2.1), if the court finds that the child needs protection, it must make one of the following orders in the child's best interests:
(a) that the child be returned to or remain in the custody of the parent apparently entitled to custody and be under the director's supervision for a specified period of up to 6 months;
(b) that the child be placed in the custody of a person other than a parent with the consent of the other person and under the director's supervision, for a specified period in accordance with section 43;
(c) that the child remain or be placed in the custody of the director for a specified period in accordance with section 43;
(d) that the child be placed in the continuing custody of the director.
(1.1) When an order is made under subsection (1) (b) or (c), the court may order that on the expiry of the order under subsection (1) (b) or (c) the child
(a) be returned to the parent, and
(b) be under the director's supervision for a specified period of up to 6 months.
(2) The court must not order under subsection (1) (d) that the child be placed in the continuing custody of the director unless
(a) the identity or location of a parent of the child has not been
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