Form 47 "Consent to Disclosure of Child Protection Records" - Nunavut, Canada

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CONSENT TO DISCLOSURE OF CHILD PROTECTION RECORDS
(FORM 47)
The parties to this application for disclosure of child protection records, and the Director
of Child and Family Services, agree to an Order as follows:
1.
The Director shall provide to counsel for the parties in this application, for use in
the custody/access proceedings currently before the Court, copies of the Director’s
records with respect to either party and the child(ren)_____________ for the period
from ______________ to ______________ subject to the following terms:
a.
The records or documents shall be used only for the purposes of these custody
and access proceedings, and shall otherwise remain in the care and control of counsel
for the parties, and not be further disseminated or copied. Either party to the
proceeding may review the records in the presence of his or her counsel; however, the
records shall not be copied or otherwise provided to the parties.
b.
No party to whom such disclosure is made shall in any way make public any
information that would have the effect of identifying a child, child’s parent, foster parent
or any other member of a child’s family that are or were involved in child protection
proceedings or any individual who may have provided information to a child protection
worker.
c.
Sections 72 and 73 of The Child and Family Services Act, as amended, shall apply
to the parties in these proceedings with respect to any documents or records provided.
d.
The Director shall be permitted to redact and not release any solicitor/client
privileged material; third party confidential informant information, or any information
which may reasonably be expected to interfere with an ongoing investigation. Where
the Director does redact information, the Director shall identify the basis for the
redaction.
e.
The Director shall be permitted in its discretion to redact names and other personal
information of any individuals referred to in said records who are not involved in this
proceeding, and shall be authorized to redact the names, addresses and telephone
numbers, as well as identifying information for any service provider such as a foster
parent, subject to further Order on further motion at the instance of either party. Where
the Director does redact information, the Director shall identify the basis for the
redaction.
f.
The Director shall not release the records relating to the adoption of any party or
any child of a party, other than the fact of relinquishment by a party of a child for
adoption;
CONSENT TO DISCLOSURE OF CHILD PROTECTION RECORDS
(FORM 47)
The parties to this application for disclosure of child protection records, and the Director
of Child and Family Services, agree to an Order as follows:
1.
The Director shall provide to counsel for the parties in this application, for use in
the custody/access proceedings currently before the Court, copies of the Director’s
records with respect to either party and the child(ren)_____________ for the period
from ______________ to ______________ subject to the following terms:
a.
The records or documents shall be used only for the purposes of these custody
and access proceedings, and shall otherwise remain in the care and control of counsel
for the parties, and not be further disseminated or copied. Either party to the
proceeding may review the records in the presence of his or her counsel; however, the
records shall not be copied or otherwise provided to the parties.
b.
No party to whom such disclosure is made shall in any way make public any
information that would have the effect of identifying a child, child’s parent, foster parent
or any other member of a child’s family that are or were involved in child protection
proceedings or any individual who may have provided information to a child protection
worker.
c.
Sections 72 and 73 of The Child and Family Services Act, as amended, shall apply
to the parties in these proceedings with respect to any documents or records provided.
d.
The Director shall be permitted to redact and not release any solicitor/client
privileged material; third party confidential informant information, or any information
which may reasonably be expected to interfere with an ongoing investigation. Where
the Director does redact information, the Director shall identify the basis for the
redaction.
e.
The Director shall be permitted in its discretion to redact names and other personal
information of any individuals referred to in said records who are not involved in this
proceeding, and shall be authorized to redact the names, addresses and telephone
numbers, as well as identifying information for any service provider such as a foster
parent, subject to further Order on further motion at the instance of either party. Where
the Director does redact information, the Director shall identify the basis for the
redaction.
f.
The Director shall not release the records relating to the adoption of any party or
any child of a party, other than the fact of relinquishment by a party of a child for
adoption;
g.
The Director shall release any documents prepared by third parties, including
medical, psychological or other professional reports, unless such disclosure is restricted
or prohibited by other related legislation, such as mental health legislation, or if the
information has been provided to the Director on terms which prohibit the Director from
sharing this information If the Director has in his or her possession or control records
with such disclosure restrictions, the Director shall advise the parties, who may then
move for disclosure of those records on notice to the third parties that prepared the
records.
h.
If the Director’s records or any portion of the Director’s records are filed with the
Court, counsel shall ensure that steps are taken to seal the records or otherwise have
the confidentiality of the records protected.
DATED and signed by counsel for Director and the Parties:
Director, Child & Family Services
Parties:
____________________________
_____________________________
(Print Name & Signature)
(Print Name & Signature)
_____________________________
(Print Name & Signature)
_____________________________
(Print Name & Signature)
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