New brunswick dating laws

In considering any application brought under this Act, the court, upon notice to the parties, may allow to be read into the record as evidence, or, upon notice of the nature of the evidence, may take into consideration without reading into the record, any evidence taken on any previous proceeding, if that evidence is informative in any way as to the psychical, psychological, social or physical development of the child, his parent or any other person living with the child or in such a close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, and if it is relevant to any matter under consideration by the court.

No person shall, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child who is or has been the subject of the proceeding or the name of the parent of any child in relation to such proceeding, or in any other way identify the child or his or her parent.

new brunswick dating laws-1new brunswick dating laws-25new brunswick dating laws-61

WHEREAS children have basic rights and fundamental freedoms no less than those of adults; a right to special safeguards and assistance in the preservation of those rights and freedoms and in the application of the principles stated in the WHEREAS children are entitled, in every instance where they have rights or freedoms which may be affected by this Act, to be informed as to what those rights and freedoms are, where they are capable of understanding; and WHEREAS it is recognized that the basic rights and fundamental freedoms of children and their families include a right to the least invasion of privacy and interference with freedom that is compatible with their own interests and those of their families and of society; and WHEREAS it is accepted that parents have responsibility for the care and supervision of their children and that children should only be removed from parental supervision in accordance with the provisions of this Act; and WHEREAS it is recognized that social services provided to children should respect and preserve a child’s need for continuity of care within their kinship network, that a child’s best interests should be included in the assessment, planning and decision-making process surrounding the permanent plans for the child and that any procedural delay should be avoided as much as possible; and WHEREAS it is acknowledged that when it is necessary to remove children from the care and supervision of their parents they should be provided for, as nearly as possible, as if they were under the care and protection of wise and conscientious parents; and WHEREAS it is recognized that the rights of children, families and individuals must be guaranteed by the rule of law and that the Province’s intervention into the affairs of individuals and families so as to protect and affirm these rights must be governed by the rule of law:the love, affection and ties that exist between the child and each person to whom the child’s custody is entrusted, each person to whom access to the child is granted and, where appropriate, each sibling of the child and, where appropriate, each grandparent of the child;the need to provide a secure environment that would permit the child to become a useful and productive member of society through the achievement of his full potential according to his individual capacity; andwhen used in reference to the relationship between an adopted person and the person adopting or the relationship between a person and his birth mother or birth father, a person who has attained the age of majority; means one who, because of physical or mental impairment, including congenital or genetic abnormality, suffers absence or reduction of functional competence which substantially limits his ability to carry out normal daily activities; or under a court order, and includes a person having comparable status and authority under the laws of another province or state, but does not include a person appointed solely as a guardian of the estate of the child; ora natural parent or adopting parent whose rights with respect to the guardianship of the child have been terminated by a guardianship agreement or a guardianship order under Part IV or who has been deprived of the status of guardian under subsection 3(1) of the or he has filed, with the mother, a statutory declaration under section 105, or he has been named the father of the child in a declaratory order made under Part VI or he is a parent within the meaning of paragraph ( means to transfer the care of a child, whether in law or in fact, from one person to another, and includes any act of solicitation or negotiation that, on any reasonable view of the circumstances, can be construed as contributing to the transfer of the care of the child, whether in law or in fact, from one person to another; and “placing” and “placement” have corresponding meanings; includes financial support, personnel, equipment, facilities and any other departmental resources which the Minister may make available to a community social service agency or a community placement resource;may, in writing, approve any community social service agency that meets the standards and criteria prescribed by regulation, and such additional standards and criteria as the Minister considers fit, for the purposes of paragraph (may enter into contracts with persons, whether within or outside the Province, or with a representative of the Crown in right of Canada or of any other province, or with a representative of the government of any state, to carry out his responsibilities under this Act;), the Minister authorizes a person to exercise any authority, power, duty or function of the Minister, the word “Minister”, when used with respect to that authority, power, duty or function includes the person so shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, and the provisions of subsections 22(1) to (5) apply with such changes as are necessary.

Where the owner or person in charge of a community social service agency being evaluated pursuant to subsection (2.1) fails or refuses to comply with a directive given by the Minister pursuant to subsection 22(4) or does anything referred to in subsection 22(5), the Minister may revoke the approval given under paragraph (1)() to exercise any authority, power, duty or function conferred upon the Minister shall not be liable to any person for any injury, loss or damage caused to any person or property by reason of the exercise of any power, authority, duty or function under this Act, or for any other cause, if such authority, power, duty or function is exercised in good faith and without negligence.

With the approval of the Lieutenant-Governor in Council, the Minister may enter into contracts with the Crown in right of Canada respecting the payment by Canada of any portion of the aggregate cost to the Province of providing social services, including financial support to children or adults under this Act.

In the exercise of any authority under this Act given to any person to make a decision that affects a child, the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him, shall be given consideration in determining his interests and concerns, and the interests and concerns of the child shall be given consideration as distinct interests and concerns, separate from those of any other person.

Where the wishes of a child have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him, the Minister shall make every effort to identify the child’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.

In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard either on his own behalf or through his parent or another responsible spokesman.In any proceeding under this Act the court may waive any requirement that the child appear before the court where it is of the opinion that it would be in the best interests of the child to do so and the court is satisfied that the interests and concerns of the child with respect to the matter before the court will not be thereby the Minister is not a party to the proceeding, advise the Minister of the proceeding, in which case the Minister may intervene in the proceeding and may take whatever steps he considers necessary to ensure that the interests and concerns of the child are properly represented separate from those of any other person, including the appointment of counsel or a responsible spokesman to assist in the representation of the interests and concerns of the child, andwhere the Minister is a party to the proceeding and the court is of the opinion that the interests and concerns of the child should be represented by counsel or by a responsible spokesman, advise the Attorney-General that in his opinion counsel or a responsible spokesman should be made available to assist in the representation of the child’s interests and concerns.whether the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him or her, have been given consideration in determining his or her interests and concerns; In any proceeding under this Act that affects a child, the court may, where it determines that it would be in the best interests of the child to do so, require that the child, a parent or any other person living with the child or in such a close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, undergo a psychiatric, psychological, social, physical or any other examination or evaluation specified by the court, prior to or during the hearing, and in the event of the refusal or failure by any person to participate in an examination or evaluation, or to consent to the examination or evaluation of a child under his care, the court may draw such inferences as appear to the court to be warranted under the circumstances.Where the court orders an examination or evaluation under section 8, the parties to the proceeding shall pay for the cost of the examination or evaluation in equal portions, unless the court directs that one party pay the cost in total or that the parties pay the cost in unequal portions as specified by the court.All information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.The Minister shall not permit the release of confidential information to any person without the written consent of the person from whom the information was obtained and the person to whom the information relates.Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relatesto review the circumstances surrounding the death of a child under the age of majority who was in the care of the Minister under Part IV or who was known to the child protection system in the 12 months before the child’s death, andto make recommendations to the Minister as a result of that review to enable the Minister to improve the manner in which the Minister exercises his or her powers, duties, authority or functions under this Act and the regulations under this Act in relation to children who are in the care of the Minister under Part IV or who are known to the child protection system,to an officer or employee of a public body or a custodian who is a health care provider, if the information is necessary for the delivery of an integrated service, program or activity, as defined in the ) shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

Tags: , ,