65.1 (1) This section applies where a child is a Crown ward or is the subject of an order for society supervision under clause 65.2 (1) (a) or a custody order under clause 65.2 (1) (b).  2006, c. 5, s. 24. Society to seek status review (2) The society that has or had care, custody or supervision of the child, (a) may apply to the court at any time, subject to subsection (9), for a review of the child’s status; (b) shall apply to the court for a review of the child’s status before the order expires if the order is for society supervision, unless the expiry is by reason of subsection 71 (1); and (c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child, (i) from the care of a person with whom the child was placed under an order for society supervision described in clause 65.2 (1) (a), or (ii) from the custody of a person who had custody of the child under a custody order described in clause 65.2 (1) (b).  2006, c. 5, s. 24. Application of cl. (2) (a) and (c) (3) Clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district, (a) in which the parent or other person with whom the child is placed resides, if the child is the subject of an order for society supervision under clause 65.2 (1) (a); or (b) in which the person who has custody resides, if the child is the subject of a custody order under clause 65.2 (1) (b).  2006, c. 5, s. 24. Others may seek status review (4) An application for review of a child’s status under this section may be made on notice to the society by, (a) the child, if the child is at least 12 years of age; (b) a parent of the child; (c) the person with whom the child was placed under an order for society supervision described in 65.2 (1) (a); (d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b); (e) a foster parent, if the child has lived continuously with the foster parent for at least two years immediately before the application; or (f) a representative chosen by the child’s band or native community, if the child is an Indian or native person.  2006, c. 5, s. 24. When leave to apply required (5) Despite clause (4) (b), a parent of a child shall not make an application under subsection (4) without leave of the court if the child has, immediately before the application, received continuous care for at least two years from the same foster parent or from the same person under a custody order.  2006, c. 5, s. 24. Notice (6) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to, (a) the child, except as otherwise provided under subsection 39 (4) or (5); (b) the child’s parent, if the child is under 16 years of age; (c) the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 65.2 (1) (a); (d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b); (e) any foster parent who has cared for the child continuously during the six months immediately before the application; and (f) a representative chosen by the child’s band or native community, if the child is an Indian or native person.  2006, c. 5, s. 24. Six-month period (7) No application shall be made under subsection (4) within six months after the latest of, (a) the day the order was made under subsection 57 (1) or 65.2 (1), whichever is applicable; (b) the day the last application by a person under subsection (4) was disposed of; or (c) the day any appeal from an order referred to in clause (a) or a disposition referred to in clause (b) was finally disposed of or abandoned.  2006, c. 5, s. 24. Exception (8) Subsection (7) does not apply if, (a) the child is the subject of, (i) an order for society supervision described in clause 65.2 (1) (a), (ii) an order for custody described in clause 65.2 (1) (b), or (iii) an order for Crown wardship under subsection 57 (1) or clause 65.2 (1) (c) and an order for access under section 58; and (b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.  2006, c. 5, s. 24. No review if child placed for adoption (9) No person or society shall make an application under this section with respect to a Crown ward who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VII, if the Crown ward still resides in the person’s home.  2006, c. 5, s. 24. Interim care and custody (10) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.  2006, c. 5, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 24 - 30/11/2006