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Family Law Rules – Rule 33: Child Protection

Angela Princewill

November 21, 2015

RULE 33:  CHILD PROTECTION

TIMETABLE

  1. (1) Every child protection case, including a status review application, is governed by the following timetable:
Step in the case Maximum time for completion, from start of case
First hearing, if child has been apprehended 5 days
Service and filing of answers and plans of care 30 days
Temporary care and custody hearing 35 days
Settlement conference 80 days
Hearing 120 days
  1. Reg. 91/03, s. 7 (1).

CASE MANAGEMENT JUDGE

(2) Wherever possible, at the start of the case a judge shall be assigned to manage it and monitor its progress.  O. Reg. 114/99, r. 33 (2).

COURT MAY LENGTHEN TIMES ONLY IN BEST INTERESTS OF CHILD

(3) The court may lengthen a time shown in the timetable only if the best interests of the child require it.  O. Reg. 114/99, r. 33 (3).

PARTIES MAY NOT LENGTHEN TIMES

(4) The parties may not lengthen a time shown in the timetable by consent under subrule 3 (6).  O. Reg. 114/99, r. 33 (4).

PLAN OF CARE OR SUPERVISION TO BE SERVED

(5) A party who wants the court to consider a plan of care or supervision shall serve it on the other parties and file it not later than seven days before a conference, even if that is sooner than the timetable would require.  O. Reg. 114/99, r. 33 (5); O. Reg. 76/06, s. 9.

TEMPORARY CARE AND CUSTODY HEARING — AFFIDAVIT EVIDENCE

(6) The evidence at a temporary care and custody hearing shall be given by affidavit, unless the court orders otherwise.  O. Reg. 114/99, r. 33 (6).

STATUS REVIEW

(6.1) A status review application under clause 64 (2) (a) or (b) of the Child and Family Services Act shall be served at least 30 days before the date the order for society supervision or society wardship expires.  O. Reg. 91/03, s. 7 (2).

FORMS FOR CHILD PROTECTION CASES

(7) In a child protection case,

(a) an information for a warrant to apprehend a child shall be in Form 33;

(b) a warrant to apprehend a child shall be in Form 33A;

(c) an applicant’s plan of care for a child shall be,

(i) if the applicant is a children’s aid society, in Form 33B, and

(ii) if the applicant is not a children’s aid society, in Form 33B.1;

(c.1) a respondent’s answer and plan of care for a child shall be,

(i) if the respondent is not a children’s aid society, in Form 33B.1,

(ii) if the respondent is a children’s aid society, in Form 10 and Form 33B;

(d) an agreed statement of facts in a child protection case shall be in Form 33C; and

(e) an agreed statement of facts in a status review application shall be in Form 33D.  O. Reg. 114/99, r. 33 (7); O. Reg. 91/03, s. 7 (3).

FORMS FOR SECURE TREATMENT CASES

(8) In an application under Part VI (secure treatment) of the Child and Family Services Act, a consent signed by the child shall be in Form 33E and a consent signed by any other person shall be in Form 33F.  O. Reg. 114/99, r. 33 (8).

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