Definitions

1  In this regulation:

"aboriginal child" means an aboriginal child as defined in the Child, Family and Community Service Act;

"Act" means the Children's Commission Act¹;

"advocate" means the Child, Youth and Family Advocate appointed under the Child, Youth and Family Advocacy Act²;

"caregiver" means a caregiver as defined in the Child, Family and Community Service Act;

"designated representative" means a designated representative as defined in the Child, Family and Community Service Act;

 Designated services

2  (1)  A service or program provided by the Ministry for Children and Families for a child in care, a child in the charge of the director or a child in the director's care under the Child, Family and Community Service Act or the Family Relations Act is designated for the purpose of section 4 (1) (b) of the Act.

(2)  A service or program provided by the Ministry for Children and Families for a child is designated for the purposes of section 4 (1) (d) and (f) (ii) of the Act.

[en. B.C. Reg. 370/97.]

 Prescribed ministries or agencies

3  The Ministry for Children and Families is prescribed for the purposes of section 4 (1) (d) and (e) of the Act.

 Multi-disciplinary team of advisors

4  (1)  The Children's Commissioner may establish a multi-disciplinary team of advisors

(a) to advise the children's Commissioner and each deputy commissioner on the following matters:

(i)  the development of the process for the review of children's deaths and critical injuries;

(ii)  the conduct of investigations, including the identification of issues to be followed up on by investigators in individual investigations;

(iii)  the content of reports and the formulation of recommendations presented by the Children's Commissioner on each death and critical injury, and

(b) to participate in the identification, tracking and description of systemic and cross-jurisdictional issues identified in death and critical injury reviews carried out by the commission.

(2)  The Children's Commissioner may appoint the members of the multi-disciplinary team for the term and in the manner the Children's Commissioner considers appropriate.

 Disclosure to multi-disciplinary team of advisors

5  The commission may disclose to a member of the multi-disciplinary team of advisors any information the Children's Commissioner determines may be required to enable the multi-disciplinary team to carry out its powers, duties and functions under the Act and this regulation.

 Criteria for appointment to roster of panel members

6  To be eligible for appointment to the roster of panel members, a person must demonstrate an understanding of

(a) key aspects of British Columbia's child, youth, family and community service system, including governing legislation, policy and service delivery mechanisms,

(b) the essential elements of conducting a fair and objective review,

(c) alternate dispute resolution processes,

(d) child and youth development and the special circumstances, rights including those under section 70 of the Child, Family and Community Service Act, and service needs of children in care or otherwise served by the child service system of government,

(e) the characteristics of British Columbia's diverse cultural, racial, linguistic and religious communities and the unique issues that affect aboriginal children, their families and communities, and

(f) effective communication with children, including children who have special service needs.

 Conflict of interest

7  A member appointed to the roster of panel members by the minister, is not eligible to be designated under section 14 of the Act as a panel member to review a complaint if the member's participation in the panel would give rise to a reasonable perception, which a reasonably well informed person could properly have, that the member's ability to conduct the review of that complaint may be affected by his or her private interest.

 Notice of refusal or deferral of complaints

8  If, in accordance with section 11 of the Act, the commission decides to refuse to accept a complaint or to defer a complaint, the commission must notify the following of the refusal or deferral of the complaint:

(a) the complainant;

(b) the director caring for the child;

(c) the child, if he or she is 12 years of age or more and is not the complainant.

 Notice to others of the commission's acceptance of a complaint

9  After the acceptance of a complaint, the commission may give notice of a review to any of the following in addition to the persons referred to in section 12 of the Act:

(a) the child, even though the child is under 12 years of age, if, in the commission's opinion, the child has a sufficient level of understanding;

(b) the caregiver;

(c) a designated representative of an Indian band or aboriginal community who is or was entitled under Part 3 of the Child, Family and Community Service Act to notice of a hearing relating to the child;

(d) the advocate;

(e) any other person the commission considers appropriate.

 Who is a party to the review proceeding?

10  The following persons are parties to a review by a panel:

(a) the complainant;

(b) the director caring for the child;

(c) if the child is an aboriginal child, the designated representative of the Indian band or aboriginal community;

(d) any other person that the panel recognizes as a party.

 Who may make representations to a panel?

11  Any of the following may make representations to the panel in the manner specified by the panel under section 12 (1) (a):

(a) any person who is a party to the review;

(b) any other person who receives notice under section 9;

(c) any other person that the panel may permit, either at that person's request or on the panel's initiative.

 Panel may decide how the review will be conducted

12  (1)  the panel may determine how a review of a complaint will be conducted, including whether

(a) representations are to be made to the panel in person, in writing, by conference call or by any other means,

(b) to use or refer any aspect of the review to an alternate dispute resolution process,

(c) to adjourn the review until an alternate dispute resolution process is completed,

(d) to hold a conference to consider any matter that might expedite the review and the panel may make a direction for the purpose of expediting the review, or

(e) to terminate the review if the complaint is settled to the satisfaction of the Children's Commissioner.

(2)  Hearings before the panel may be as informal as the panel allows and the panel is not bound by the rules of evidence.

 Confidentiality

13  (1)  Unless the panel orders otherwise, hearings before the panel are not open to the public.

(2)  All documents and all submissions presented to the panel must be kept in confidence and must not be revealed to any persons, except the panel, the commission, the parties or their counsel unless otherwise directed by the panel or the commission.

 If the panel has more than one member

14  (1)  If a panel has more than one member, the decision of the majority of the panel is the panel's decision.

(2)  If there is no majority, the decision of the member chairing the panel is the panel's decision.

 Special provisions to hear from the child

15  (1)  In the course of a review the panel may hear directly from the child to whom the complaint relates.

(2)  If the panel believes that it is not in the child's interests to attend a hearing, the panel may interview the child in the absence of any or all of the parties at such time and place as the panel considers most appropriate to obtain the child's evidence.

(3)  If the panel interviews a child in the absence of a party to the review, the panel must provide to the party a written summary of the interview of the child.

(4)  In conducting an interview or in hearing directly from a child, the panel must take into account the child's level of development, culture and kinship relationships.

 Advocate may appear with child who gives evidence

16  (1)  If a panel wishes to hear directly from the child in accordance with section 15, it must notify the advocate of its intention to do so.

(2)  The advocate may appear with a child who gives evidence to a panel under section 15.

 Notice of panel's decision

17  (1)  The panel must provide to the parties to the review a copy of its decision, the reasons and any order or recommendation made on the review.

(2)  The commissioner must provide to the parties to the review a copy of any reasons received in response to the panel's recommendations, any modification of the panel's recommendations and any report made by the Children's Commissioner under section 17 (2) of the Act.

 Termination or dismissal of an investigation or review

18  After accepting a complaint, the commission may at any time terminate or dismiss the investigation or review of the complaint, if the commission determines that any of the following apply:

(a) the complaint should have been refused under section 11 of the Act;

(b) the complaint has been withdrawn or abandoned by the complainant;

(c) if the complainant is not the child, the child requests that the complaint be withdrawn;

(d) the law or existing administrative procedure provides or has already provided a remedy adequate in the circumstances of the complaint or the substantive issues relating to the complaint are already before a court;

(e) no apparent benefit or reasonable prospect of benefit to the child will be obtained by proceeding with the review.

 Notice of termination or dismissal

19  If the commission decides to terminate or dismiss an investigation or review, the commission must notify the following persons of its decision:

(a) the child to whom the complaint relates;

(b) the complainant;

(c) other parties to the review.

 Security and retention of personal information

20  The commission and the members of a panel must protect personal information obtained by them in the course of an investigation or review by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

 Transition for matters before the Child and Family Review Board

21  Complaints and other matters begun before the Child and Family Review Board before the Act comes into force under sections 83 to 88 of the Child, Family and Community Service Act must be completed by the commission as if those sections were still in force.