Current Uniform Acts

Inter-Jurisdictional Child Welfare Orders Act 1989

April 1989

Definitions

1 In this Act,

"child welfare order or agreement" means

(a) an order of a court whereby a child welfare authority is granted permanent or temporary custody or guardianship of a child, or

(b) an agreement whereby a child welfare authority is given permanent or temporary custody or guardianship of a child;

"Director" means (jurisdictions should set out the appropriate title of the person under their child welfare legislation).

Delegation

2(1) The Director may, with respect to a child who is the subject of an (**order or agreement), delegate to a proper authority in another province of territory of Canada any power or duty conferred or imposed on the Director under the (**order or agreement), but the custody of or guardianship for the child, as the case may be, remains vested in the Director.

(2) Where a proper authority in another province or territory of Canada delegates a power or duty conferred or imposed on it under a child welfare order or agreement made in that province or territory, the Director may, to the extent that the power or duty is consistent with (the Child Welfare Act*), exercise that power or duty, but the custody of or guardianship for the child, as the case may be, remains vested in the proper authority.

(*jurisdictions should insert the name of the appropriate Act or Acts that deal with child welfare orders and agreements)

(**Jurisdictions should make reference to the appropriate name of the order or agreement made pursuant to their child welfare legislation)