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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES Published by Quickscribe Services Ltd.

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B.C. Reg. 533/95

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES B.C. Reg. 533/95 [includes B.C. Reg. 332/2002 amendments (effective Dec. 9, 2002)]

Contents

1.

Introduction Definitions

RULE 1 – Making Applications 1. Initiating a presentation hearing 1.1 Applications for consent order 2. Applications for other orders 3. Applications to change or cancel an order 4. Application may be made orally 5. Where a presentation hearing must be initiated 6. Where an application must be filed 7. Hearings by telephone 8. Some applications may be granted without a hearing 9. How to apply for an order without a hearing RULE 2 – Case Conferences and Mini−hearings 1. Case conference must be directed 2. Case conference may be directed 3. Disclosure must be reviewed 4. Case conference notice 5. What happens at a case conference 6. Mini−hearing notice 7. What happens at a mini−hearing 8. Privacy at case conferences 9. Conducting case conferences RULE 3 – Witnesses 1. How to subpoena a witness 2. Travelling expenses 3. What a witness served with a subpoena must do 4. Subpoena may be cancelled 5. If a witness does not obey a subpoena 6. How long a warrant for arrest of witness is in force 7. After a witness is arrested 8. What the judge may do when the witness appears

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B.C. Reg. 533/95 9.

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

Conditions of release

RULE 4 – Hearings 1. How evidence is given 2. If someone does not appear 3. Aboriginal representatives 4. Advance notice of experts’ evidence required 5. Experts’ reports must be given in advance 6. Director not an expert 7. Experts’ qualifications 8. Proof of signature not required 9. Experts may be called for cross−examination 10. Cost of calling other party’s expert RULE 5 – Affivavits 1. What form to use 2. Exhibits 3. Permission to use defective affidavit 4. Affidavit must be filed and served RULE 6 – Service and Proving Service 1. Service requirements 2. Unfiled copy may be served 3. When service is not required 4. How documents may be served 5. Party must give address 6. Person may give address 7. Party must notify of change of address 8. Service on children 9. Service on children under 12 10. Permission to use other service methods 11. Proving service 11.1 Judge may require copy of served document 12. Oral proof of service RULE 7 – Orders 1. Effective date of order 2. Who prepares the order 3. Form of the order 4. Approving the order 5. Settling the order 6. Delivering the order to the registry 7. Notice of order 8. Correcting an order RULE 8 – General Page 3 of 32

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

1. Judge may adjourn hearing 2. Judge may shorten or extend time limits 3. Repealed 4. Judges’ permission necessary for adjournment 5. Spent 6. Changing or cancelling orders 7. Notice to others 8. Powers that any judge may exercise 9. Judge who starts a hearing must continue 10. If judge cannot finish the hearing 11. Judge may give directions 12. Judge may order transfer of file 13. Transfer of file by consent 14. Copy permissible in some circumstances 15. Who may search files 16. If a party does not comply with the rules 17. Faxed documents 18. Appendix A forms 19. User−generated forms APPENDIX A – Forms

[Provisions of the Court Rules Act, RSBC 1996, c. 80, relevant to the enactment of this regulation: sections 1 to 4]

Introduction The purpose of these rules is to promote the safety and well−being of children by allowing court decisions to be obtained fairly and efficiently, in matters arising under the Child, Family and Community Service Act. Definitions 1.

In these rules: (a) “Act” means the Child, Family and Community Service Act; (b) “clerk” means a member of the registry staff; (c) “court” means the Provincial Court except where the Act or these rules provide otherwise; (d) “party” includes, for the purposes of these rules and section 23 of the Act, anyone the court decides is a party and any of the following who has an address for service: (i) the director; (ii) each parent of the child; (iii) a designated representative of an Indian band or of an aboriginal community entitled to notice under section 38 (1) (c) or (d) of the Act; (iv) Page 4 of 32

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

(ADD) Dec 09/02

(e) (f)

a designated representative of the Nisga'a Lisims Government entitled to notice under section 38 (1) (c.1) of the Act; “registry” means a registry of the court; other words and expressions have the meaning given to them in the Act, unless the context indicates otherwise. [am. B.C. Reg. 332/2002.]

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 1 – Making Applications Initiating a presentation hearing 1.

(ADD) Feb 22/00

To initiate a presentation hearing, a director must complete and file with the court a Presentation Form (Form 1).

Applications for consent order 1.1 To apply for an order under section 60 of the Act, other than an order to dispense with a required consent, a person must complete and file with the court an Application for a Consent Order (Form 12), unless a judge permits otherwise. [en. B.C.Reg. 75/2000.]

(AM) Feb 22/00

Applications for other orders 2. To apply for an order, other than an order made at a presentation hearing or as mentioned in subrule (1.1) of this Rule, a person must complete and file with the court an Application for an Order (Form 2), unless a judge permits otherwise. [am. B.C. Regs. 173/98; 75/2000.]

Applications to change or cancel an order 3. To apply for an order changing or cancelling another order, a person must complete and file with the court an Application to Change or Cancel an Order (Form 3), unless a judge permits otherwise. Application may be made orally 4.

At a hearing or a case conference, a judge may permit an application to be made orally in court, without the filing of a form.

Where a presentation hearing must be initiated 5. A Presentation Form must be filed (a)

in the registry closest to the child’s habitual residence, or

(b)

in the registry closest to where the child was removed or taken into care

unless a judge permits otherwise.

(AM) Feb 22/00

Where an application must be filed 6. An application in Form 2, Form 3 or Form 12 must be filed (a) (b)

in the registry where the file is located, unless Rule 8 (12) or (13) applies, or if there is no file, then as required by subrule (5), as if the application were a Presentation Form. [am. B.C.Reg. 75/2000.]

Hearings by telephone

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B.C. Reg. 533/95 7.

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES A judge may conduct a hearing or part of a hearing by telephone in appropriate circumstances.

Some applications may be granted without a hearing 8. A judge may make the following orders without a hearing: (a)

an order under Rule 6 (10), permitting the use of another service method;

(b)

an order under Rule 8 (2), shortening or extending a time period;

(c)

a consent order or an order dispensing with consent, under section 60 of the Act; an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.

(d)

(AM) Feb 22/00

How to apply for an order without a hearing 9. To apply for an order to be made under subrule (8), a person must file (a) (b)

an affidavit setting out the facts on which the application is based, and the application form. (See Rule 1 (1.1), (2) and (3)) [am. B.C.Reg. 75/2000.]

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RULE 2 – Case Conferences and Mini−hearings Case conference must be directed 1.

If at the commencement of a protection hearing under section 40 of the Act (a)

a consent order is not made, and

(b)

the judge determines that the matter cannot be heard that day,

the judge must direct the parties and their lawyers to attend a case conference. Case conference may be directed 2.

A judge may at any other time direct the parties and their lawyers to attend a case conference (a) if a party requests it, or (b)

if the judge considers that it may promote a fair and efficient resolution of the issues.

Disclosure must be reviewed 3.

When a judge directs a case conference under subrule (1), the judge must review the extent of disclosure made and requested under section 64 of the Act and may make any order for disclosure consistent with the Act.

Case conference notice 4.

When a case conference is directed, the director must notify the other parties of the date, time and place of the conference, unless the conference was directed when the parties or their lawyers were present.

What happens at a case conference 5. At a case conference, a judge may do one or more of the following: (a) facilitate the resolution of any issues in dispute; (b) mediate any issues in dispute, other than the issue of whether the child needs protection; (AM) (c) with the consent of the parties, refer any issue, other than the issue of Feb whether a child needs protection, to mediation or other alternative dispute 22/00 resolution mechanism under section 22 of the Act; (d) decide any issues that do not require evidence or that can by decided on the basis of facts agreed to by the parties; (e) make any order in the terms the parties agree to, subject to section 60 of the Act; (f) review the adequacy of disclosure by the parties, including responses to requests for disclosure under section 64 of the Act; (g) order that a party provide to another party, within a set time, a summary of the intended evidence of a potential witness; (h) order a party to allow another party to inspect and copy specific documents or records to the extent permitted by the Act; Page 8 of 32

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES (i) (j) (k)

(l) (m) (n)

(o) (p) (q)

order that those applications that cannot be made at the case conference be brought within a set time; order that a statement of agreed facts be filed within a set time; give directions about any evidence that will be required, how it will be received and the procedure that will be followed, if a hearing is necessary or a mini−hearing is directed; order a party to produce anything as evidence at a hearing; direct that any further case conference be held before the same judge; with the consent of the parties, direct the parties to attend a mini−hearing if (i) the matter can be resolved on the basis of limited evidence and submissions, and (ii) a mini−hearing can be held earlier than the matter could be set for a full hearing; without hearing witnesses, give a non−binding opinion on the probable outcome of a hearing; set a date for a hearing or mini−hearing; make any other order or give any direction for the fair and efficient resolution of the issues. [am. B.C. Reg. 75/2000.]

Mini−hearing notice 6.

If a judge directs the parties to attend a mini−hearing, a clerk must notify them of the date, time and place, unless the date was set when the parties or their lawyers were present.

What happens at a mini−hearing 7.

At a mini−hearing, the parties will attend before a judge who may (a)

hear submissions and evidence as directed at the case conference, and

(b)

make any order that could be made after a full hearing.

Privacy at case conferences 8.

The following persons may attend case conferences: (a)

the parties and their lawyers;

(b)

any other person the judge allows.

Conducting case conferences 9.

The chief judge may direct (a) (b)

that case conferences be conducted in identified court registries by telephone, and that case conferences set at one place be conducted at another place.

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 3 – Witnesses How to subpoena a witness 1.

To require a witness to attend court, a party must (a)

complete a subpoena (Form 4), and

(b)

serve a copy of the subpoena on the witness personally at least 2 days before the date the witness is required to appear. (See Rule 8 (2))

Travelling expenses 2.

At the time the subpoena is served, the party subpoenaing the witness must offer the witness reasonable estimated travelling expenses.

What a witness served with a subpoena must do 3. A person who is served with a subpoena must (a) (b)

appear in court on the date and at the time and place stated on the subpoena, and bring to court any records and other things required by the subpoena.

Subpoena may be cancelled 4.

A person who is served with a subpoena may apply under Rule 1 (2) to a judge, who may cancel the subpoena if (a) the person is not needed as a witness, (b) (c)

it would be a hardship for the person to appear in court as required by the subpoena, or in the case of a child witness, the judge considers that it would not be in the child’s best interests to require the child to testify.

If a witness does not obey a subpoena 5. A judge may issue a warrant (Form 5) for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that (a) the subpoena was served on the witness, (b)

reasonable travelling expenses were offered to the witness, and

(c)

justice requires the presence of the witness.

How long a warrant for arrest of witness is in force 6. A warrant remains in force until (a) (b)

the witness named in the warrant appears in court either voluntarily or under the warrant, or a judge cancels the warrant. Page 10 of 32

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After a witness is arrested 7.

A witness who is arrested under a warrant must be brought before a judge or justice of the peace as soon as practicable.

What the judge may do when the witness appears 8. If the witness’s evidence is still required, the judge may (a)

(b)

release the witness on giving the witness a release (Form 6) requiring the witness to appear in court on the date and at the time and place stated in the release, or order a sheriff or peace officer to detain the witness in custody until his or her presence is no longer required.

Conditions of release 9.

A judge may make the release of a witness under subrule (8) (a) subject to any conditions respecting reporting or residency or entering into a recognizance that the judge considers necessary to make sure the witness attends.

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 4 – Hearings How evidence is given 1.

At a hearing, evidence may be given orally on oath or affirmation or, if the judge allows, (a) by affidavit, subject to Rule 5, (b)

by statements of facts agreed to by the parties, or

(c)

as permitted under section 68 (2) (b) of the Act.

If someone does not appear 2.

(SUB) Dec 09/02

If a person who is served with an application does not appear in court on the date and at the time and place set for the hearing, the judge may hear the application and make the order applied for if the judge thinks it is fair to do so in the absence of that person.

Aboriginal representatives 3. Subrule (2) applies also if a designated representative of an Indian band, an aboriginal community or the Nisga'a Lisims Government is served with an application and a representative of that band, that community or the Nisga'a Lisims Government does not appear in court on the date and at the time and place set for the hearing. [am. B.C. Reg. 332/2002.]

Advance notice of experts’ evidence required 4. A party may call an expert to give evidence of the expert’s opinion only if (a) (b)

the party provides a written summary of the expert’s evidence to all other parties at least 30 days before the expert is called to give evidence, or a judge grants permission.

Experts’ reports must be given in advance 5. Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, if (a) the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or (b) a judge grants permission. Director not an expert 6.

A director, or a delegate of a director, is not an expert for the purposes of notice under subrule (4) or (5).

Experts’ qualifications

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B.C. Reg. 533/95 7.

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES A statement of qualifications in an expert’s report is proof that the expert has those qualifications unless there is evidence to the contrary.

Proof of signature not required 8.

A report stating the opinions of an expert may be introduced without proof of the expert’s signature.

Experts may be called for cross−examination 9. A party receiving another party’s expert report may serve on the other party, at least 14 days before the hearing date, a notice requiring the expert to attend the hearing for cross−examination. (See Rule 8 (2)) Cost of calling other party’s expert 10.

If a judge determines that calling another party’s expert was unnecessary, the judge may order the party who required the expert to attend to pay the expert’s expenses.

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 5 – Affivavits What form to use 1.

Where an affidavit is permitted under these rules, it must be in Form 7.

Exhibits 2.

Any exhibits referred to in an affidavit must be identified and attached to the affidavit.

Permission to use defective affidavit 3.

With the permission of the judge, an affidavit may be used in evidence even though it does not comply in form with this Rule.

Affidavit must be filed and served 4.

Evidence may be given by affidavit at a hearing only if, at least 2 days before the date of the hearing, (a) copies of the affidavit are filed in the registry, and (b)

a copy of the affidavit is served on everyone who is entitled to notice of the hearing. (See Rule 8 (2))

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 6 – Service and Proving Service Service requirements 1.

Unless the Act or these rules provide otherwise, an application must be served at least 2 days before the date set for the hearing (a) on the other parties, and (b)

if an order is sought against some other person, on that person. (See Rule 8 (2))

Unfiled copy may be served 2.

A copy of an application or other document served need not be a filed copy.

When service is not required 3. Service of an application is not required if (a) the application is for permission to use another service method, (b) the application is for access to a child under section 17 (1) of the Act, (ADD) (b.1) the application is for a warrant issued under section 28 (3.3) or 98 (4.3), or Feb 22/00

(c)

a judge so orders. [am. B.C.Reg. 75/2000.]

How documents may be served 4. Documents required by the Act or these rules to be served may be served as follows: (a) on an individual (i) by leaving a copy with him or her, (ii) if the individual is a party, by registered mail or facsimile transmission to the last address for service given under subrule (5), (6) or (7), or (iii) if the individual is a party who has a lawyer of record, by leaving a copy at, or by facsimile transmission to, that lawyer’s office; (SUB) (b) on a designated representative of an Indian band, an aboriginal community Dec or the Nisga'a Lisims Government by facsimile transmission to the 09/02 facsimile number for service provided by the Indian band, aboriginal community or the Nisga'a Lisims Government, or by leaving a copy with that representative; (c) on a society incorporated under the Society Act (i) by registered mail to the address for service on file with the Registrar of Companies, or (ii) by leaving a copy at that address or with a director or officer of the society; (d) on a company incorporated under the Company Act (i) by registered mail to the registered office of the company, or (ii) by leaving a copy of it at the address or with a director or officer of the company, or with a receptionist or a person at the company’s place of business who appears to manage the company’s business Page 15 of 32

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES (e)

(f)

there; on an unincorporated association (i) by registered mail to the registered office of the association, or (ii) by leaving a copy with an officer of the association; on a director (i) by leaving a copy with or facsimile transmission to the director’s lawyer of record, or (ii) by leaving a copy at, or by facsimile transmission to, the district office of the Ministry for Children and Families with conduct of the case. [am. B.C. Reg. 332/2002.]

Party must give address 5.

(AM) Feb 22/00

A party must give an address for service either (a)

on the face of a document filed by the party, or

(b)

by filing a notice of address for service (Form 8).

Person may give address 6. A person entitled to notice under section 38 (1) (b), (c), (d) or (d.1) of the Act may file a notice of address for service (Form 8). [am. B.C.Reg. 75/2000.]

Party must notify of change of address 7. If a party’s address for service changes, the party must promptly notify the other parties of the new address either (a) on the face of a document filed by the party, or (b)

by filing a new notice of address for service (Form 8).

Service on children 8.

Any document may be served on a child who is 12 years of age or older by leaving a copy of it with him or her, unless a judge orders otherwise.

Service on children under 12 9.

A document may be served on a child who is under 12 years of age, but only if a judge so orders.

Permission to use other service methods 10. If a document cannot be served as provided in these rules or if the person to be served is temporarily outside the Province, a party may apply to a judge who may (a) permit another method of service to be used, and (b)

direct how service is to be proved.

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B.C. Reg. 533/95 (AM) May 22/98

11.

PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES Service of a document may be proved by filing the following at the registry: (a) (b) (c) (d)

for personal service of a document, a certificate of service (Form 9); for service by registered mail, a certificate of service (Form 9), with the original acknowledgment of receipt card; for personal service on a lawyer, a copy of the document signed by the lawyer or an articled student or by a partner or employee of the firm; for service by facsimile transmission, a Certificate of Service (Form 9) with a transmission report generated by the sending machine. [am. B.C.Reg. 173/98.]

Judge may require copy of served document (ADD) 11.1 A judge may require that a copy of the served document be attached to the May Certificate of Service (Form 9). 22/98 [en. B.C. Reg. 173/98.]

Oral proof of service 12.

Instead of requiring proof of service under subrule (11), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document.

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

RULE 7 – Orders Effective date of order 1.

An order takes effect on the day it was made by a judge unless the judge orders otherwise.

Who prepares the order 2.

The director’s lawyer prepares the order as soon as practicable, unless the judge orders otherwise.

Form of the order 3.

Orders must be prepared in Form 10.

Approving the order 4.

An order must be signed as approved by the lawyer for each party who was represented, unless the judge orders otherwise.

Settling the order 5.

A party may apply to a judge to settle the terms of an order when there is a dispute about the terms. (See Rule 1 (2))

Delivering the order to the registry 6.

After an order is signed as approved in accordance with subrule (4), it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp.

Notice of order 7.

After an order is signed by the judge and filed with the court, a clerk must provide a copy (a) to the lawyer for each party who was represented, and (b)

to every other party on request

unless the judge orders otherwise. Correcting an order 8.

Any judge may correct, at any time, a clerical mistake in an order or a mistake arising from an accidental slip or omission.

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RULE 8 – General Judge may adjourn hearing 1.

Whether or not the parties consent, a judge may adjourn a hearing to a specific date.

Judge may shorten or extend time limits 2. A judge may shorten a period of time for doing anything required under these rules or may extend the period even though it has expired. Repealed 3.

Repealed. [subrule (5)]

Judges’ permission necessary for adjournment 4. Effective June 3, 1996, a hearing may be adjourned only with the permission of a judge. Spent 5.

Spent.

Changing or cancelling orders 6.

A judge may change or cancel an order made in the absence of a party who received notice of a hearing if (a) that party applies within a reasonable time, (b)

the party had a good reason for failing to attend when the order was made,

(c)

there is a good reason for changing or cancelling the order, and

(d)

the change or cancellation would be in the best interests of the child.

Notice to others 7.

At any time during a hearing, a judge may order that a person, whether or not a party, be given notice of the hearing.

Powers that any judge may exercise 8. Any judge may do any of the following without being seized of a matter: (SUB) (a) receive the reports and information presented to the court at a presentation May hearing; 22/98 (b) adjourn a hearing before evidence is heard; (c) make orders or give directions on procedural matters; Page 19 of 32

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES (d)

hold a case conference or mini−hearing under Rule 2. [am. B.C.Reg. 173/98.]

Judge who starts a hearing must continue 9. Subject to subrule (8), a judge who has heard any evidence at a hearing must finish the hearing unless the judge dies or is otherwise unable to act. If judge cannot finish the hearing 10.

If a judge who has begun to hear evidence dies or is otherwise unable to act, another judge will hear the case and that judge may (a) start the hearing again and re−hear all the evidence, or (b)

with the consent of the parties, continue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary.

Judge may give directions 11.

A judge may give a direction on any procedural matter that is not provided for in the Act or these rules.

Judge may order transfer of file 12.

A judge may order a file transferred to another registry, for the purposes of one application or for all purposes, after considering (a) the balance of convenience, (b)

any special circumstances that exist, and

(c)

the best interests of the child.

Transfer of file by consent 13.

If the parties agree, a clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if the parties (a) complete a written and signed consent to the transfer, and (b)

file the consent in the registry where the file is located.

Copy permissible in some circumstances 14. With the judge’s permission, a copy of a document may be used in court instead of the original. Who may search files 15.

Only the following are entitled to search a registry file respecting a matter under the Act: (a) a party; (b)

a party’s lawyer;

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES (c)

a person authorized by a party, by a party’s lawyer or by a judge.

If a party does not comply with the rules 16. If a party does not comply with these rules, the judge may after considering the principles at section 2 of the Act (a) cancel a step taken or an order made or disregard a document filed in the course of the application, or (b) make any order or give any direction that the judge thinks is fair, including an order dismissing the application. Faxed documents 17.

Any document may be filed in a registry by facsimile transmission to that registry, but a judge may require that the original of a document be filed later.

Appendix A forms 18.

The forms in Appendix A are prescribed for the purposes of these rules.

User−generated forms 19.

Forms generated by the user must (a)

be in substantial compliance with the prescribed forms, and

(b)

show the applicable words of the prescribed form in regular type and the words supplied by the user in boldface type.

PRESENTATION FORM

Court File Number

FORM 1

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

This Information is filed on behalf of a director by: [Name] ........................................................................ [Address]........................................................................................................[City] ............................... B.C. [Postal Code] ................................ [Phone] ............................... [Fax]............................... The child remains in the parents' care and the director applies for supervision under s. 29.1 (The director has reasonable grounds to believe the child needs protection and a supervision order would be adequate to protect the child.)

The child was removed under the authority of the Child, Family &Community Service Act, under

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

s. 30 (a director has reasonable grounds to believe the child needs protection AND the child's health or safety is in immediate danger, OR no less disruptive available measure is adequate to protect the child) s. 36 (1) (a director has reason to believe that an order made under s. 33.2 (2), 35 (2) (b) or 36 (3) no longer protects the child or a person has not complied with a term or condition of the order and the director is required to remove the child) s. 42 (a director has reason to believe that an order made under s. 41 (1) (a) or (b), 41 (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) or an interim order made under section 42.1 no longer protects the child or a person has not complied with a term or condition of the order and the director is required to remove the child) The child

has or

has not been returned to the parent.

A hearing will take place on [Date] ...................................................... at [Time] .......... am pm at ..........................................................................................................................................[Court Location] The following are either attached to this form OR will be available at the presentation hearing: Form A OR Form F The child is aboriginal:

Yes

No

Previous proceedings involving this child or siblings:

Yes

No

Details [Signature] .................................................................... [Date] .......................................... Lawyer for the director is: [Name]......................................................... [en. B.C.Reg. 173/98; am. B.C.Reg. 75/2000.]

APPLICATION FOR AN ORDER

Court File Number

FORM 2

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

This Application is filed by: [Name] .......................................................................................................... [Address].................................................................................. [City] ................................................... B.C. [Postal Code] ................................ [Phone] ............................... [Fax]............................... Notice to: [Name(s)]....................................................................................................................................................... [Address(es) (include Tel. &Fax # if applicable)] The child is aboriginal:

Yes

No

I will apply to this court on [Date] ...................................................... at [Time] .......... am pm at ..........................................................................................................................................[Court Location] FOR: A temporary custody order (under A supervision order (under

s. 41 (1) (c),

s. 41 (1) (a),

A continuing custody order (under

s. 42.2 (4) (b) or

s. 41 (2.1), or

s. 41 (1) (d),

s. 49 (7) (b))

s. 42.2 (4) (a))

s. 42.2 (4) (d) or

s. 49 (4), (5) or (10))

An order permitting use of another service method, as set out below (Rule 6 (10)) Extension of a temporary order (section 44) A supervision order after expiry of a temporary custody order (section 46) An order for access to a child (section 55) An order that a child or parent undergo a medical or other examination (section 59) An order varying notice requirements (section 69) An order as set out below Details of the order requested and the section of the Act or Rule relied upon: [Signature of Applicant or Agent] ................................................................ [Dated] ................................. [Address for service if different from Applicant's] ......................................................................................... .......................................................................................................................................... British Columbia [am. B.C.Reg. 173/98.]

APPLICATION Court File Number TO CHANGE OR CANCEL AN ORDER FORM 3

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

This Application is filed by: [Name] ........................................................................................................... [Address].................................................................................................. [City] ................................... B.C. [Postal Code] ................................ [Phone] ............................... [Fax] ...............................

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Notice to: [Name(s)]...................................................................................................................................................... [Address(es) (include Tel. &Fax # if applicable)]

The child is aboriginal:

Yes

No

I will apply to this court on [Date] ...................................................... at [Time] .......... am pm at [Court Location] ......................................................................................................................................... FOR AN ORDER THAT: the attached order be cancelled; OR the attached order be changed to do the following:

Since the order was made, circumstances have changed significantly as follows: OR (if the application is under Rule 8 (6)) The reason for changing or cancelling the order is:

I make this application under

section 28

section 54

section 57

section 98

Rule 8 (6)

section ......

[Signature of Applicant or Agent] ............................................................... [Dated] ...................................... [Address for service if different from Applicant's] ......................................................................................... .......................................................................................................................................... British Columbia [am. B.C.Reg. 75/2000.]

SUBPOENA

Court File Number

FORM 4

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

To: [Name] ........................................................................................................... [Address]............................................................................................ [City] .................... [Prov.] .................. [Postal Code] ................................ [Tel.] .............................. You have been subpoenaed as a witness by and must appear in court on [Date] ...................................................... at [Time] .......... am pm at [Court Location] .........................................................................................................................................

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

You must bring the following records and other things to court:

What happens if you do not attend? A judge may issue a warrant for your arrest. Can the subpoena be cancelled? If you believe that you are not needed as a witness or it would be a hardship for you to attend court, you may ask a judge to cancel the subpoena. The amount of $...................... is attached for use as travelling expenses to enable you to come to the court. [Signature of person issuing subpoena] ................................................................

WARRANT

Court File Number

FORM 5

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

WARRANT TO ARREST To all Peace Officers in British Columbia: This Court orders you to arrest ...................................................................................................................... and bring that person before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that: the person did not attend this Court at [Court Location] ......................................................................... on [Date] ...................................................... as required by a subpoena; OR the person did not comply with an order under section 17 to disclose the location of a child. WARRANT TO ENTER DWELLING AND ARREST To all Peace Officers in British Columbia: This Court authorizes you to enter the dwelling located at [Address] .................................................................................. [City] ...................................... and arrest ........................................................................ under the following terms (if any):

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provided that:

• immediately before the entry, you have reasonable grounds to believe that the person is present in the dwelling; and • the person is brought before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that there are reasonable grounds to believe that the person has contravened or is contravening a protective intervention order under section 28 of the Act, or a restraining order under section 98 of the Act and is or will be present in the dwelling. ................................................................................ [A Judge of the Provincial Court of British Columbia or Clerk on behalf of .................................................] Dated: ....................................... [en. B.C.Reg. 75/2000.]

RELEASE

Court File Number

FORM 6

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

[Name] .......................................................................................................................................................... [Address]................................................................................................... [City] ................................... B.C. [Postal Code] ................................ [Phone] .............................. I promise to attend the Provincial Court at: [Court Location] ........................................................................... on [Date] ...................................................... at: [Time] ..........

am

pm

I am released on these conditions, imposed under Rule 3 (9): My name, address and telephone number as shown on this Release are correct. I understand that if I do not attend court on the date and time shown, a judge may issue a warrant for my arrest. [Signature of person being released] ........................................................................... ................................................................................ [A Judge of the Provincial Court of British Columbia or A Justice of the Peace for British Columbia]

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

Date: the ....... day of ........................., 20....

AFFIDAVIT

Court File Number

FORM 7

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

I, [Name] ........................................................................................................... of [Address] ........................................................................................... [City] ................... [Prov.] ............... swear that: 1. I know or firmly believe the following facts to be true. Where these facts are based on information from others, I have stated the source of that information and I firmly believe that information to be true. 2.

I make this affidavit in relation to an application by

me or by [Name] .........................................

3. 4. 5. 6. Sworn before me on [Date] ................................................................ at ..................................................... British Columbia

[Signature] ........................................................

................................................................................ [A Commissioner for taking Affidavits for British Columbia] This affidavit is filed by: [Name] .................................................................................................. of [Address] ........................................................................................ [City] ................... [Prov.] ............... [Postal Code] ................................ [Phone] ............................... [Fax] ..............................

NOTICE OF ADDRESS FOR SERVICE

Court File Number

FORM 8

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

This is my address for service in this matter: [Address] ...................................................................................................................................................... [Postal Code] ...................... I will accept service of documents by facsimile transmission to this number: [Fax No.] ........................ [Signature of party] ........................................................................... [Address of party] ......................................................................................................................................... [Postal Code] ............................ [Phone] ............................ [Fax] ............................ Date: the ....... day of ........................., 20.... [Signature of witness] ....................................................... [Print name of witness] .......................................................

CERTIFICATE OF SERVICE

Court File Number

FORM 9

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

I certify that I, [Name] ................................................................................................................................... of [Address].......................................................................................... [City] .......................... [Prov.] ........... served [Name of person served] ......................................................................................... on [Date] .................................................... at [Address] ................................................................................................................................................... with a copy of: (List each document served.) by leaving the copy with him or her personally; by mailing the copy to him or her by registered mail. Attached and marked as an exhibit to this certificate is: the original acknowledgment of receipt card, marked Exhibit ".........."; or

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

the unopened envelope returned by Canada Post, marked Exhibit "..........". by sending the copy by facsimile transmission. Attached and marked as Exhibit ".........." to this certificate is a transmission report generated by the sending machine, confirming transmission to [Number] ...................... which is the facsimile number of [Name] ........................................................... [Signature] ................................................... Date: the ....... day of ........................., 20.... [am. B.C.Reg. 173/98.]

ORDER

Court File Number

FORM 10

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

BEFORE THE HONOURABLE JUDGE

[Date(s) of Birth (mo/day/yr)]

) ..............day, the .......... day ) of .................................., 20.... )

After a hearing at [Court Location] ........................................... on the ........ day of .............................., 20... where ..................................................................................................................... appeared as Lawyer for ...................................................................................................................................................................... THIS COURT ORDERS:

By the Court ................................................. [A Judge of the Court]

WRITTEN CONSENT

Court File Number

FORM 11

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

I, [Name] ................................................................................................................................... of [Address] ....................................................................................... [City] ..........................[Prov.] ............ consent to the making of a Consent Order under section 60 with reference to section ............... . Details of the consent order including any terms or conditions:

I am: the director. the child, 12 years of age and older. the child(ren)'s parent. a person who has custody of the child(ren) under section 41 (1) (b) of the Act. the designated representative of an Indian band, an aboriginal community or the Nisga'a Lisims Government. a party appointed under section 39 (4) of the Act.

I have been advised by the Director to consult with independent legal counsel before signing this consent. I understand the nature and the consequences of this consent. My consent to the order is voluntary. [Signature] ............................................... Dated: ..................................... [Witness Signature] .................................. [Witness Name] ............................ Dated: ..................................... [en. B.C.Reg. 75/2000; am. B.C. Reg. 332/2002.]

APPLICATION FOR A CONSENT ORDER

Court File Number

FORM 12

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): [Name(s)]

[Date(s) of Birth (mo/day/yr)]

This Application is filed by: [Name] .................................................................................................... [Address].......................................................................... [City] ......................., B.C. [Postal Code] .............. [Phone] (.....)......................... [Fax] (......)..................... I will apply to this court for a Consent Order made under section 60 of the Act with reference to section ...... . [Details of the order requested including any terms or conditions] ................................................................ All consents

have been obtained

have NOT been obtained and I will apply for the Consent Order

on [Date] ................................. [Time] ..................... at [Court Location] ..................................................

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PROVINCIAL COURT (CHILD, FAMILY AND COMMUNITY SERVICE ACT) RULES

or at the same time, date and place as that on which I will apply to dispense with a required consent (indicated on a Form 2). All written consents are

attached or

will be available at the hearing

Notice to person(s) whose consent has not been obtained: [Name(s)] ........................................................................................................ [Address(es) (include Tel. &Fax # if applicable)] ............................................................... [Tel.] ..................... [Fax] .................... [en. B.C.Reg. 75/2000.]

OBJECTION TO A CONSENT ORDER

Court File Number

FORM 13

Court Location

In the Provincial Court of British Columbia Under the Child, Family and Community Service Act This objection must be filed at the Court Location indicated above within ten days of receiving notice of the Application for Consent Order I, [Name] ................................................................................................................................... [Address] .......................................................................... [City] .......................... [Prov.]................... [Postal Code] ............ [Phone] (.....)......................... [Fax] (......)..................... object to the making of a Consent Order applied for in the above Form 12.

[Signature] ...................................................... [Date] ................................ I am: the child(ren)'s parent. the person who has custody of the child(ren) under the Act. the designated representative of an Indian band, an aboriginal community or the Nisga'a Lisims Government. a party appointed under section 39 (4) of the Act. [en. B.C.Reg. 75/2000; am. B.C. Reg. 332/2002.]

[Provisions of the Court Rules Act, RSBC 1996, c. 80, relevant to the enactment of this regulation: sections 1 Page 31 of 32

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