Obtaining A Summary of Your CFS File

If You were adopted from Canada , you have one!!  here is how to get it !!

Meaning of access

76(1) A person who is given access to a record or an excerpted summary of a record under this section has, subject to subsection (19), the right

(a) to examine the record or summary; or

(b) to obtain a copy of the record or summary.

Access with consent of subject

76(2) For purposes of this section, where a person is entitled to be given access to a record by virtue of the consent of another person who is the subject of the record, the agency which has custody or control of the record or the director may

(a) prior to giving access to the person, require a written acknowledgement or other evidence of informed consent from the subject of the record; and

(b) comply with the requirement to give access by giving access directly to the subject of the record rather than the person entitled to access.

Records are confidential

76(3) Subject to this section, a record made under this Act is confidential and no person shall disclose or communicate information from the record in any form to any person except

(a) where giving evidence in court; or

(b) by order of a court; or

(c) to the director or an agency; or

(d) to a person employed, retained or consulted by the director or an agency; or

(d.1) to the children’s advocate; or

(d.2) where the disclosure is by the children’s advocate under section 8.10; or

(e) by the director or an agency to another agency including entities out of the province which perform substantially the same functions as an agency where reasonably required by that agency or entity

(i) to provide service to the person who is the subject of the record, or

(ii) to protect a child; or

(f) to a student placed with the director or an agency by contract or agreement with an educational institution; or

(g) where a disclosure or communication is required for purposes of this Act; or

(h) by the director or an agency for the purpose of providing to the person who is the subject of the record, services under Part 2 of The Vulnerable Persons Living with a Mental Disability Act, or for the purpose of an application for the appointment of a substitute decision maker under Part 4 of that Act.

Right of access

76(4) An adult is entitled to be given access to

(a) his or her own record; and

(b) the record of a child who is in the adult’s legal care.

Exceptions

76(5) Subsection (4) does not apply to

(a) any part of a record which was made prior to the day this section comes into force and which discloses information provided by another person about the subject of the record, unless the other person consents to access being given; and

(b) a record which relates to services provided under Part III;

(c) repealed, S.M. 1997, c. 47, s. 131.

Excerpted summary

76(6) Where the director or an agency refuses to give access to part of a record under clause (5)(a), the director or agency shall, upon the written request of an adult person who would otherwise be entitled to be given access to that part of the record under subsection (4), provide the person with an excerpted summary of the information provided by the other person.

Preparation of summary

76(7) Where an excerpted summary is provided under subsection (6), it shall be prepared by the person who provided the information, if that person is available and willing to do so, but otherwise it shall be prepared as directed by the director or agency.

Restricted access

76(8) The director or an agency may refuse to give a person access to any part of a record referred to in subsection (4) where

(a) there are reasonable grounds to believe that disclosure of that part might result in physical or serious psychological harm to another person; or

(b) that part contains information which was provided by any person not employed by the director or an agency or appointed under this Act; or

(c) that part discloses the identity of a person who is not employed by the director or an agency or appointed under this Act, and who has supplied information in confidence to the director or an agency for any purpose related to the administration or enforcement of this Act or the regulations;

and the director or agency shall notify the person in writing of the reasons for refusing access to that part of the record.

Information filed by person given access

76(9) A person given access to a record under subsection (4) is entitled to submit to the director or agency

(a) a written objection respecting any error or omission of fact which the person alleges is contained in the record; and

(b) a written objection to, or explanation or interpretation of, any opinion which has been expressed by another person about any person referred to in subsection (4) and which is contained in the record.

Information becomes part of record

76(10) As of the date of its submission, any objection, explanation or interpretation submitted under subsection (9) becomes part of the record and shall not be destroyed, altered or removed therefrom.

Correction of factual error

76(11) Where the director or agency is satisfied that a record referred to in subsection (9) contains an error or omission of fact, the director or agency shall cause the record to be corrected.

Voluntary service records

76(12) Where the subject of a record is a person who has applied voluntarily to an agency for services under Part II and the agency has no reasonable grounds to believe that a child of that person, or a child who is under that person’s guardianship or actual care and control, is in need of protection, the agency shall not disclose or communicate the contents of the record to any person outside the agency except

(a) by order of a court; or

(b) in accordance with subsections (4) to (8); or

(c) subject to subsection (15), with the consent of the person who is the subject of the record, but only if the subject is an adult.

Transition to mandatory services

76(13) Where the agency referred to in subsection (12) subsequently believes on reasonable grounds that a child referred to in subsection (12) is in need of protection, the agency shall immediately give notice of that fact to the person who is the subject of the voluntary service record, and all information entered in the record after the date of the notice is subject to subsection (3).

Closed records

76(14) Where a ward, or a child placed under an agreement referred to in section 14, has reached the age of majority and the record of the wardship or placement has been closed, the record shall be sealed in a separate file and stored in a safe depository, and information from the record shall not be disclosed to any person except

(a) by order of a court; or

(b) subject to subsection (8), to the subject of the record, but in the case of a record made before this section comes into force, the information shall be in the form of an excerpted summary; or

(c) subject to subsection (15), with the consent of the person who is the subject of the record; or

(d) in accordance with subsection (16); or

(e) by the director in the course of carrying out searches of the post-adoption registry under The Adoption Act; or

(f) where disclosure is necessary for the safety, health or well-being of a person; or

(g) where disclosure is necessary for the purpose of allowing a person to receive a benefit.

Restricted access by other person

76(15) The right of access conferred by clauses (12)(c) and (14)(c)

(a) does not apply to a record which was made prior to the day this section comes into force; and

(b) is subject to subsection (8), with necessary modifications.

Application to disclose record

76(16) Upon application by the director or an agency, the court may order that all or part of a record referred to in subsection (14) be opened or disclosed where there are reasonable grounds to believe that a child or sibling of the adult who is the subject of the record, or a child who is under that adult’s actual care and control, is likely to suffer physical or serious psychological harm if the record is not opened or disclosed.

Notice to adult

76(17) The director or an agency acting under subsection (16) shall give the adult 7 clear days notice of the hearing of the application unless a judge on application reduces the time of giving notice or dispenses with notice entirely on the grounds that a person mentioned in subsection (16) is in immediate danger.

Access for research purposes

76(18) The director, or an agency with the director’s written consent, may give a person access to all or part of a record for bona fide research or statistical purposes if the director or agency obtains from the person a written undertaking not to disclose the contents of the record or part thereof in any form which could reasonably be expected to identify any other person who is identified in the record, and

(a) the other person consents to the giving of access; or

(b) the director is satisfied that the research or statistical purpose cannot reasonably be achieved unless the record or part thereof is provided in a form which identifies the other person.

Fees

76(19) A person who is given access to a record or an excerpted summary of a record under this section shall, prior to examining the record or summary or obtaining a copy thereof, pay to the agency which has custody or control of the record or to the director such fees as may be prescribed by regulation.

Request for review

76(20) A person whose request for access to a record under this section has been refused in whole or in part, or who alleges that all or part of his or her record has been disclosed in contravention of this section or that there has been a failure to comply with subsection (9), may within 30 days of the refusal, or the alleged disclosure or failure to comply, request the director to review the matter and, subject to subsection (21), the decision of the director in the matter is final.

Review from denial of access

76(21) A person who is denied access to all or part of a record by virtue of the director’s decision under subsection (20) may apply for a further review or appeal of the matter in accordance with any law of general application in the province which provides a right of review or appeal to a court, or to any other person or agency outside the government and Crown agencies, on any question of access to records in the custody or under the control of government departments or Crown agencies.

Retention, storage and destruction of records

76(22) Subject to subsection (14), an agency shall retain, store and destroy records made under this Act in accordance with the regulations.

S.M. 1986-87, c. 19, s. 8; S.M. 1987-88, c. 34, s. 12 and 13; S.M. 1989-90, c. 3, s. 13; S.M. 1992, c. 28, s. 7; S.M. 1993, c. 29, s. 172; S.M. 1997, c. 47, s. 131; S.M. 1997, c. 48, s. 26.

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