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	Child, Youth and Family Services Act, 2017		(Children’s, young persons’ rights to respectful services)
	S.O. 2017, CHAPTER 14
	SCHEDULE 1
	Consolidation Period: From June 3, 2021 to the e-Laws currency date.
	Last amendment: 2021, c. 21, Sched. 3.
	CONTENTS
	Preamble
	PART I
	PURPOSES AND INTERPRETATION
	Purposes
	1.		<ref name="CYFSA">, Reports and information to prescribed entities
			57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.
	Paramount purpose and other purposes		Information available to the public
			58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner.
	Interpretation		Program Supervisor Inspections
			Inspection by program supervisor without a warrant
			59 (1) For the purpose of determining compliance with this Act, the regulations and the directives issued under this Act, a program supervisor may, at any reasonable time and without a warrant or notice, enter the following premises in order to conduct an inspection:
	2.		1. Premises where a service is provided under this Act.
	Interpretation		2. Premises where a lead agency’s function referred to in subsection 30 (5) is performed.
	PART II		3. Business premises of a service provider.
	CHILDREN’S AND YOUNG PERSONS’ RIGHTS
	Rights of Children and Young Persons Receiving Services		4. Business premises of a lead agency.
	3.		Limitation, dwelling
			(2) The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier.
	Rights of children, young persons receiving services		Identification
			(3) A program supervisor conducting an inspection shall, upon request, produce proper identification.
	4.		Application of other provisions
			(4) Sections 276 (powers on inspection) and 279 (admissibility of certain documents) apply with necessary modifications with respect to an inspection conducted under this section.
	Corporal punishment prohibited		Inspection by program supervisor with a warrant
			60 (1) A program supervisor may, without notice, apply to a justice for a warrant under this section.
	5.		Issuance of warrant
			(2) A justice may issue a warrant authorizing a program supervisor named in the warrant to enter the premises specified in the warrant and to exercise any of the powers mentioned in subsection 276 (1), if the justice is satisfied on information under oath or affirmation,
	Detention restricted		(a) that the premises is a premises described in subsection 59 (1);
	6.		(b) in the case of a premises that is not used as a dwelling,
	Physical restraint restricted		(i) that the program supervisor has been prevented from exercising a right of entry to the premises under section 59 or a power under subsection 276 (1), or
	7.		(ii) that there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises under section 58 or a power under subsection 276 (1); and
	Mechanical restraints restricted		(c) in the case of a premises that is used as a dwelling,
	Rights of Children in Care		(i) that,
	8.		(A) the program supervisor believes on reasonable grounds that a service being provided, or the manner of providing it, is causing harm or is likely to cause harm to a person’s health, safety or well-being as a result of non-compliance with this Act, the regulations or the directives issued under this Act, and
	Right to be heard in respect of decisions		(B) it is necessary for the program supervisor to exercise the powers mentioned in subsection 276 (1) in order to inspect the service or the manner of providing it, or
	9.		(ii) that a ground exists that is prescribed for the purposes of this subclause.
	Right to be informed re residential placement admission		Expert help
			(3) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the program supervisor in the execution of the warrant.
	10.		Expiry of warrant
			(4) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued.
	Rights of communication, etc.		Extension of time
			(5) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the program supervisor named in the warrant.
	11.		Use of force
			(6) A program supervisor named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a peace officer for assistance in executing the warrant.
	Conditions and limitations on visitors		Time of execution
			(7) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise.
	12.		Other matters
			(8) Subsections 276 (2) to (7) and section 279 apply with necessary modifications with respect to the exercise of powers referred to in subsection (2) under a warrant issued under this section.
	Personal liberties		Definition
			(9) In this section,
	13.		“justice” means a provincial judge or a justice of the peace.
	Plan of care		Inspection report
			61 (1) After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to,
	14.		(a) a Director;
	Parental consent, etc.		(b) the service provider or lead agency; and
	Service Providers’ Duties in respect of Children’s and Young Persons’ Rights		(c) any other prescribed person.
	15.		All non-compliance to be documented
			(2) If a program supervisor finds that a service provider or lead agency has not complied with a requirement of this Act, the regulations or a directive issued under this Act, the program supervisor shall document the non-compliance in the inspection report.
	Children’s, young persons’ rights to respectful services		Review by Residential Placement Advisory Committee
			Definitions
			62 In sections 63 to 66,
	16.		“advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“comité consultatif”)
	French language services		“institution” means,
	Alternative Dispute Resolution		(a) a children’s residence, other than a maternity home, operated by the Minister or under the authority of a licence issued under Part IX (Residential Licensing) in which residential care can be provided to 10 or more children at a time, or
	17.		(b) a building, group of buildings or part of a building, designated by a Director, in which residential care can be provided to 10 or more children at a time; (“foyer”)
	Resolution of issues by prescribed method of alternative dispute resolution		“residential placement” does not include,
	Complaints and Reviews		(a) a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice),
	18.		(b) commitment to a secure treatment program under Part VII (Extraordinary Measures), or
	Complaints procedure		(c) a placement with a person who is neither a service provider nor a foster parent; (“placement en établissement”)
	19.		“special need” means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. (“besoin particulier”)
	Further review		Residential placement advisory committees
			63 (1) The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee.
	20.		Composition
			(2) Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include,
	Minister to advise persons affected of any decision		(a) persons engaged in providing services;
	Consent and Voluntary Services		(b) other persons who have demonstrated an informed concern for the welfare of children;
	21.		(c) one representative of the Ministry; and
	Consents and agreements		(d) if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community.
	22.		Payments to members, hiring of staff
			(3) The Minister may pay allowances and reasonable travelling expenses to the members of an advisory committee, and may authorize an advisory committee to hire support staff.
	Consent to service		Duties of advisory committee
			(4) An advisory committee has a duty to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential care and alternatives to residential care, to conduct reviews under section 64 and to name persons for the purpose of subsection 75 (11) (contact with child under temporary care agreement), and has such further duties as are prescribed.
	23.		Reports to Minister
			(5) An advisory committee shall make a report of its activities to the Minister annually and at any other time requested by the Minister.
	Counselling service: child 12 or older		Review by advisory committee
			Mandatory review
			64 (1) An advisory committee shall review,
	PART III		(a) every residential placement in an institution of a child who resides within the advisory committee’s jurisdiction, if the residential placement is intended to last or actually lasts 90 days or more,
	FUNDING AND ACCOUNTABILITY
	24.		(i) as soon as possible, but no later than 45 days after the day on which the child is placed in the institution,
	Definition		(ii) unless the residential placement is reviewed under subclause (i), within 12 months of the establishment of the advisory committee or within such longer period as the Minister allows, and
	Funding of Services and Lead Agencies		(iii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i) or (ii);
	25.		(b) every residential placement of a child who objects to the residential placement and resides within the advisory committee’s jurisdiction,
	Provision of services directly or by others		(i) within the week immediately following the day that is 14 days after the child is placed, and
	26.		(ii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i); and
	Services to persons older than 18		(c) an existing or proposed residential placement of a child that the Minister refers to the advisory committee, within 30 days of the referral.
	27.		Discretionary review
			(2) An advisory committee may at any time review or re-review, on a person’s request or on its own initiative, an existing or proposed residential placement of a child who resides within the advisory committee’s jurisdiction.
	Minister’s advisory committee		Review to be informal, etc.
			(3) An advisory committee shall conduct a review under this section in an informal manner and in the absence of the public, and in the course of the review may,
	28.		(a) interview the child, members of the child’s family and any representatives of the child and family;
	Security for payment of funds		(b) interview persons engaged in providing services and other persons who may have an interest in the matter or may have information that would assist the advisory committee;
	29.		(c) examine documents and reports that are presented to the committee; and
	Conditions on transfer of assets		(d) examine records relating to the child and members of the child’s family that are disclosed to the committee.
	30.		Service providers to assist advisory committee
			(4) At an advisory committee’s request, a service provider shall assist and co-operate with the advisory committee in its conduct of a review.
	Lead agencies		Matters to be considered
			(5) In conducting a review, an advisory committee shall,
	31.		(a) consider whether the child has a special need;
	Placements must comply with Act and regulations, etc.		(b) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity;
	Directives and Compliance Orders (Lead Agencies and Service Providers)		(c) consider what programs are available for the child in the residential placement or proposed residential placement, and whether a program available to the child is likely to benefit the child;
	32.		(d) consider whether the residential placement or proposed residential placement is appropriate for the child in the circumstances;
	Directives by Minister		(e) if it considers that a less restrictive alternative to the residential placement would be more appropriate for the child in the circumstances, specify that alternative;
	33.		(f) consider the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity; and
	Compliance order		(g) in the case of a First Nations, Inuk or Métis child, also consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community.
	Children’s Aid Societies		Advisory committee’s recommendations
			Persons to be advised
			65 (1) An advisory committee that conducts a review shall advise the following persons of its recommendations as soon as the review has been completed:
	34.		1. The service provider.
	Children’s aid society		2. Any representative of the child.
	35.		3. The child’s parent or, where the child is in a society’s lawful custody, the society.
	Functions		4. The child, in language suitable to the child’s understanding.
	36.		5. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2, 3 and 4 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Governance matters		Child to be advised of right to review by Board of residential placement
			(2) An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66.
	37.		Report to Minister
			(3) An advisory committee that conducts a review shall, within 30 days of completing the review, make a report of its findings and recommendations to the Minister.
	No personal liability		Recommendation for less restrictive service
			(4) Where an advisory committee considers that the provision of a less restrictive service to a child would be more appropriate for the child than the residential placement, the advisory committee shall recommend in its report under subsection (3) that the less restrictive service be provided to the child.
	38.		Review by Board
			Child may request review
			66 (1) A child who is in a residential placement to which the child objects may apply to the Board for a determination of where the child should remain or be placed, if the residential placement has been reviewed by an advisory committee under section 64 and,
	Appointment of local director		(a) the child is dissatisfied with the advisory committee’s recommendations; or
	39.		(b) the advisory committee’s recommendations are not followed.
	Designation of places of safety		Board to conduct review
			(2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing.
	Funding and Accountability Agreements		Notice to child of hearing
			(3) The Board shall advise the child whether it intends to hold a hearing or not within 10 days of receiving the child’s application.
	40.		Parties
			(4) The parties to a hearing under this section are,
	Funding		(a) the child;
	41.		(b) the child’s parent or, where the child is in a society’s lawful custody, the society;
	Accountability agreement		(c) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a) and (b) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and
	Directives and Compliance Orders (Societies)		(d) any other persons that the Board specifies.
	42.		Time for determination
			(5) The Board shall complete its review and make a determination within 30 days of receiving a child’s application, unless,
	Directives by Minister		(a) the Board holds a hearing with respect to the application; and
	43.		(b) the parties consent to a longer period for the Board’s determination.
	Compliance order		Board’s order
			(6) After conducting a review under subsection (2), the Board may,
	Minister’s Powers		(a) order that the child be transferred to another residential placement, if the Board is satisfied that the other residential placement is available;
	44.		(b) order that the child be discharged from the residential placement; or
	Powers of Minister		(c) confirm the existing residential placement.
	45.		Offences
			Offences
	Appointments to board, etc.		67 (1) A person or entity is guilty of an offence if the person or entity,
	46.		(a) contravenes section 56 (reports and information);
	Appointment of supervisor		(b) contravenes section 57 (reports and information to prescribed entities);
	Restructuring		(c) contravenes section 58 (information available to public);
	47.		(d) knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations.
	Amalgamation by societies		Penalty
			(2) A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000.
	48.		Offence — obstruction of program supervisor
			(3) A person is guilty of an offence if the person hinders, obstructs or interferes with a program supervisor conducting an inspection under this Part, or otherwise impedes a program supervisor in exercising the powers or performing the duties of a program supervisor under this Part.
	Restructuring by Minister’s order		Penalty
			(4) A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000.
	49.		Limitation
			(5) A proceeding in respect of an offence under subsection (1) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director or program supervisor.
	Appointment of supervisor for restructuring		Directors, officers and employees
			(6) If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence.
	50.		PART IV
			FIRST NATIONS, INUIT AND MÉTIS CHILD AND FAMILY SERVICES
			Regulations listing First Nations, Inuit and Métis communities
			68 (1) The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act.
	Conflict with Corporations Act, etc.		More than one community
			(2) A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community.
	50.		Consent of representatives
			(3) Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.
	Conflict with society’s articles or by-laws		Agreements with bands and First Nations, Inuit or Métis communities
			69 The Minister may, for the provision of services,
	51.		(a) make agreements with bands and First Nations, Inuit or Métis communities and with any other parties whom the bands or communities choose to involve; and
	Transfer of property held for charitable purpose		(b) provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.
	52.		Designation of child and family service authority
			70 (1) A band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority.
	No compensation		Agreements, etc.
			(2) Where a band or First Nations, Inuit or Métis community has designated a First Nations, Inuit or Métis child and family service authority, the Minister,
	Appointments and Delegations		(a) shall, at the band’s or community’s request, enter into negotiations for the provision of services by the child and family service authority;
	53.		(b) may enter into agreements with the child and family service authority and, if the band or community agrees, any other person, for the provision of services; and
	Directors and program supervisors		(c) may designate the child and family service authority, with its consent, as a society under subsection 34 (1).
	54.		Subsidy for customary care
			71 If a band or First Nations, Inuit or Métis community declares that a First Nations, Inuk or Métis child is being cared for under customary care, a society or entity may grant a subsidy to the person caring for the child.
	Duties of Director with respect to societies		Consultation with bands and First Nations, Inuit or Métis communities
			72 A society, person or entity that provides services or exercises powers under this Act with respect to First Nations, Inuit or Métis children or young persons shall regularly consult with their bands and First Nations, Inuit or Métis communities about the provision of the services or the exercise of the powers and about matters affecting the children or young persons, including,
	55.		(a) bringing children to a place of safety and the placement of children in residential care;
	Delegation by Minister		(b) the provision of family support services;
	Reports and Information		(c) the preparation of plans for the care of children;
	56.		(d) status reviews under Part V (Child Protection);
	Reports and information to Minister		(e) temporary care agreements under Part V (Child Protection);
	57.		(f) society agreements with 16 and 17 year olds under Part V (Child Protection);
	Reports and information to prescribed entities		(g) adoption placements;
	58.		(h) the establishment of emergency houses; and
	Information available to the public		(i) any other matter that is prescribed.
	Program Supervisor Inspections		Consultation in specified cases
			73 A society, person or entity that proposes to provide a prescribed service to a First Nations, Inuk or Métis child or young person, or to exercise a prescribed power under this Act in relation to such a child or young person, shall consult with a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities in accordance with the regulations.
	59.		PART V
			CHILD PROTECTION
			Interpretation
			Interpretation
			Definitions
			74 (1) In this Part,
	Inspection by program supervisor without a warrant		“child protection worker” means a Director, a local director or a person who meets the prescribed requirements and who is authorized by a Director or local director for the purposes of section 81 (commencing child protection proceedings) and for other prescribed purposes; (“préposé à la protection de l’enfance”)
	60.		“extra-provincial child protection order” means a temporary or final order made by a court of another province or a territory of Canada, or of a prescribed jurisdiction outside Canada if it meets prescribed conditions, pursuant to child welfare legislation of that province, territory or other jurisdiction, placing a child into the care and custody of a child welfare authority or other person named in the order; (“ordonnance extraprovinciale de protection d’un enfant”)
	Inspection by program supervisor with a warrant		“parent”, when used in reference to a child, means each of the following persons, but does not include a foster parent:
	61.		1. A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act.
	Inspection report		2. In the case of a child conceived through sexual intercourse, an individual described in one of paragraphs 1 to 5 of subsection 7 (2) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that the sperm used to conceive the child did not come from the individual.
	Review by Residential Placement Advisory Committee		3. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.
	62.		4. In the case of an adopted child, a parent of the child as provided for under section 217 or 218.
	Definitions		5. An individual who has lawful custody of the child.
	63.		6. An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support.
	Residential placement advisory committees		7. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.
	64.		8. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (“parent”)
	Review by advisory committee		“place of safety” means a foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director or local director under section 39, but does not include a place of temporary detention, of open custody or of secure custody; (“lieu sûr”) 2017, c. 14, Sched. 1, s. 74 (1).
	65.		Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, section 74 of the Act is amended by adding the following subsection: (See: 2021, c. 21, Sched. 3, s. 1 (1))
	Advisory committee’s recommendations		Child sex trafficking
	66.		(1.1) A child is subjected to child sex trafficking for the purposes of this Part where another person does any of the following for the purposes of sexually exploiting the child:
	Review by Board		1. Recruits, transports, transfers, receives, holds, conceals or harbours the child.
	Offences		2. Exercises control, direction or influence over the movements of the child. 2021, c. 21, Sched. 3, s. 1 (1).
	67.		Child in need of protection
			(2) A child is in need of protection where,
	Offences		(a) the child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person’s,
	PART IV		(i) failure to adequately care for, provide for, supervise or protect the child, or
	FIRST NATIONS, INUIT AND MÉTIS CHILD AND FAMILY SERVICES
	68.		(ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
	Regulations listing First Nations, Inuit and Métis communities		(b) there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,
	69.		(i) failure to adequately care for, provide for, supervise or protect the child, or
	Agreements with bands and First Nations, Inuit or Métis communities		(ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
	70.		(c) the child has been sexually abused or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual abuse or sexual exploitation and fails to protect the child;
	Designation of child and family service authority		(d) there is a risk that the child is likely to be sexually abused or sexually exploited as described in clause (c);
	71.		Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 74 (2) of the Act is amended by adding the following clauses: (See: 2021, c. 21, Sched. 3, s. 1 (2))
	Subsidy for customary care		(d.1) the child has been sexually exploited as a result of being subjected to child sex trafficking;
	72.		(d.2) there is a risk that the child is likely to be sexually exploited as a result of being subjected to child sex trafficking;
	Consultation with bands and First Nations, Inuit or Métis communities		(e) the child requires treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996 and the parent is a substitute decision-maker for the child, the parent refuses or is unavailable or unable to consent to the treatment on the child’s behalf;
	73.		(f) the child has suffered emotional harm, demonstrated by serious,
	Consultation in specified cases		(i) anxiety,
	PART V		(ii) depression,
	CHILD PROTECTION
	Interpretation		(iii) withdrawal,
	74.		(iv) self-destructive or aggressive behaviour, or
	Interpretation		(v) delayed development,
	Voluntary Agreements		and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;
	75.		(g) the child has suffered emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the harm;
	Temporary care agreement		(h) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;
	76.		(i) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and that the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment to prevent the harm;
	Notice of termination of agreement		(j) the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide treatment or access to treatment, or where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the condition;
	77.		(k) the child’s parent has died or is unavailable to exercise the rights of custody over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody;
	Society agreements with 16 and 17 year olds		(l) the child is younger than 12 and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment;
	Removal to Offer Voluntary Services		(m) the child is younger than 12 and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately;
	77.1		(n) the child’s parent is unable to care for the child and the child is brought before the court with the parent’s consent and, where the child is 12 or older, with the child’s consent, for the matter to be dealt with under this Part; or
	Removal to offer services, children 16 or 17		(o) the child is 16 or 17 and a prescribed circumstance or condition exists. 2017, c. 14, Sched. 1, s. 74 (2); 2020, c. 25, Sched. 1, s. 26 (1).
	Legal Representation		Best interests of child
			(3) Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall,
	78.		(a) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained;
	Legal representation of child		(b) in the case of a First Nations, Inuk or Métis child, consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community, in addition to the considerations under clauses (a) and (c); and
	Parties and Notice		(c) consider any other circumstance of the case that the person considers relevant, including,
	79.		(i) the child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs,
	Parties		(ii) the child’s physical, mental and emotional level of development,
	Customary Care		(iii) the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression,
	80.		(iv) the child’s cultural and linguistic heritage,
	Customary care		(v) the importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family,
	Commencing Child Protection Proceedings		(vi) the child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community,
	81.		(vii) the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity,
	Warrants, orders, etc.		(viii) the merits of a plan for the child’s care proposed by a society, including a proposal that the child be placed for adoption or adopted, compared with the merits of the child remaining with or returning to a parent,
	82.		(ix) the effects on the child of delay in the disposition of the case,
	Exception, 16 and 17 year olds brought to place of safety with consent		(x) the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent, and
	Special Cases of Bringing Children to a Place of Safety		(xi) the degree of risk, if any, that justified the finding that the child is in need of protection. 2017, c. 14, Sched. 1, s. 74 (3).
	83.		Place of safety
			(4) For the purposes of the definition of “place of safety” in subsection (1), a person’s home is a place of safety for a child if,
	Bringing children who are removed from or leave care to place of safety		(a) the person is a relative of the child or a member of the child’s extended family or community; and
	84.		(b) a society or, in the case of a First Nations, Inuk or Métis child, a society or a child and family service authority, has conducted an assessment of the person’s home in accordance with the prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child. 2017, c. 14, Sched. 1, s. 74 (4).
	Bringing child younger than 12 home or to place of safety		Definition, child and family service authority
			(5) In subsection (4),
	85.		“child and family service authority” means a First Nations, Inuit or Métis child and family service authority designated under section 70. 2017, c. 14, Sched. 1, s. 74 (5).
	Children who withdraw from parent’s care		Section Amendments with date in force (d/m/y)
	86.		Voluntary Agreements
			Temporary care agreement
			75 (1) A person who is temporarily unable to care adequately for a child in the person’s custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child.
	Authority to enter, etc.		Older child to be party to agreement
			(2) No temporary care agreement shall be made in respect of a child who is 12 or older unless the child is a party to the agreement.
	Hearings and Orders		Exception: developmental disability
			(3) Subsection (2) does not apply where it has been determined on the basis of an assessment not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability.
	87.		Duty of society
			(4) A society shall not make a temporary care agreement unless the society,
	Rules re hearings		(a) has determined that an appropriate residential placement that is likely to benefit the child is available; and
	88.		(b) is satisfied that no course of action less disruptive to the child, such as care in the child’s own home, is able to adequately protect the child.
	Time in place of safety limited		Term of agreement limited
			(5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed 12 months.
	89.		Time limit
			(6) No temporary care agreement shall be made or extended so as to result in a child being in a society’s care and custody, for a period exceeding,
	Time in place of safety limited, 16 or 17 year old		(a) 12 months, if the child is younger than 6 on the day the agreement is entered into or extended; or
	90.		(b) 24 months, if the child is 6 or older on the day the agreement is entered into or extended.
	Child protection hearing		Calculating time in care
			(7) The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (6):
	91.		1. An interim society care order made under paragraph 2 of subsection 101 (1).
	Territorial jurisdiction		2. A temporary care agreement under subsection (1) of this section.
	92.		3. A temporary order made under clause 94 (2) (d).
	Power of court		Previous periods to be counted
			(8) The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (7) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody.
	93.		Authority to consent to medical treatment may be transferred
			(9) A temporary care agreement may provide that, where the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society is entitled to act in the place of a parent in providing consent to treatment on the child’s behalf.
	Evidence		Contents of temporary care agreement
			(10) A temporary care agreement shall include the following:
	94.		1. A statement by all the parties to the agreement that the child’s care and custody are transferred to the society.
	Adjournments		2. A statement by all the parties to the agreement that the child’s placement is voluntary.
	95.		3. A statement, by the person referred to in subsection (1), that the person is temporarily unable to care for the child adequately and has discussed with the society alternatives to residential placement of the child.
	Use of prescribed methods of alternative dispute resolution		4. An undertaking by the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care.
	96.		5. If it is not possible for the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care, the person’s designation of another person who is willing to do so.
	Delay: court to fix date		6. The name of the individual who is the primary contact between the society and the person referred to in subsection (1).
	97.		7. Such other provisions as are prescribed.
	Reasons, etc.		Designation by advisory committee
			(11) Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 of subsection (10) or designate another person under paragraph 5 of subsection (10), a residential placement advisory committee established under subsection 63 (1) that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care.
	Assessments		Variation of agreement
			(12) The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it.
	98.		Agreement expires at 18
			(13) No temporary care agreement shall continue beyond the 18th birthday of the person who is its subject.
	Order for assessment		Notice of termination of agreement
			76 (1) A party to a temporary care agreement may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.
	99.		When notice takes effect
			(2) Where notice is given under subsection (1), the agreement terminates on the expiry of five days, or such longer period not exceeding 21 days as the agreement specifies, after the day on which every other party has actually received the notice.
	Consent order: special requirements		Society response to notice of termination
			(3) Where notice of a wish to terminate a temporary care agreement is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2),
	100.		(a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;
	Society’s plan for child		(b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part  to determine whether the child would be in need of protection in that case; or
	101.		(c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).
	Order where child in need of protection		Expiry of agreement
			(4) Where a temporary care agreement expires or is about to expire and is not extended, the society shall, before the agreement expires or as soon as practicable thereafter, but in any event within 21 days after the agreement expires,
	102.		(a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;
	Custody order		(b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part to determine whether the child would be in need of protection in that case; or
	103.		(c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).
	Proceedings under Children’s Law Reform Act		Society agreements with 16 and 17 year olds
			77 (1) The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where,
	Access		(a) the society has jurisdiction where the child resides;
	104.		(b) the society has determined that the child is or may be in need of protection;
	Access order		(c) the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and
	105.		(d) the child wants to enter into the agreement.
	Access: where child removed from person in charge		Term of agreement
			(2) The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months.
	106.		Previous or current involvement with society not a bar to agreement
			(3) A child may enter into an agreement under this section regardless of any previous or current involvement with a society, and without regard to any time during which the child has been in a society’s care pursuant to an agreement made under section 75 (1) or pursuant to an order made under clause 94 (2) (d) or paragraph 2 or 3 of subsection 101 (1).
	Review of access order made concurrently with custody order		Notice of termination of agreement
			(4) A party to an agreement made under this section may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.
	107.		Agreement expires at 18
			(5) No agreement made under this section shall continue beyond the 18th birthday of the person who is its subject.
	Restriction on access order		Current agreements and orders must be terminated first
			(6) Despite subsection (3), an agreement may not come into force under this section until any temporary care agreement under section 75 or order for the care or supervision of a child under this Part is terminated.
	Payment Orders		Representation by Children’s Lawyer
			(7) The Children’s Lawyer may provide legal representation to the child entering into an agreement under this section if, in the opinion of the Children’s Lawyer, such legal representation is appropriate.
	108.		Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section before the heading “Legal Representation”: (See: 2021, c. 21, Sched. 3, s. 2)
	Order for payment by parent		Removal to Offer Voluntary Services
			Removal to offer services, children 16 or 17
	Interim and Extended Society Care		77.1 (1) A child protection worker or a peace officer may bring a child who is 16 or 17 to another location for up to 12 hours for the purpose of offering services and supports to the child, including the possibility of entering into an agreement under section 77, if the child protection worker or the peace officer has reasonable and probable grounds to believe that the child is in need of protection within the meaning of clause 74 (2) (d.1) and that,
	109.		(a) the child has suffered physical harm inflicted by a person involved in subjecting the child to child sex trafficking or received threats of physical harm by such a person;
	Placement of children		(b) the child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being provided with alcohol or such controlled substances by another person in order to facilitate the sexual exploitation of the child;
	110.		(c) the child has a disorder of emotional processes, thought or cognition, a developmental disability or a brain injury and the disorder, disability or injury significantly impairs the child’s capacity to make reasoned judgements regarding the circumstances surrounding their sexual exploitation;
	Child in interim society care		(d) the child does not have access to housing other than as provided by a person involved in subjecting the child to child sex trafficking;
	111.		(e) the child’s finances are being controlled by a person involved in subjecting the child to child sex trafficking or such a person is threatening to control their finances;
	Child in extended society care		(f) the child’s personal effects or identification documents are under the control of a person involved in subjecting the child to child sex trafficking;
	112.		(g) the child does not have Canadian citizenship and information about their immigration status is being used by another person in order to coerce the child into being sexually exploited; or
	Society’s obligation to pursue family relationship for child in extended society care		(h) the child is otherwise unable to exercise mature and independent judgement regarding the circumstances of their sexual exploitation because the child is being coerced, manipulated or unduly influenced by a person involved in subjecting the child to child sex trafficking. 2021, c. 21, Sched. 3, s. 2.
	Review		Police assistance
	113.		(2) A child protection worker acting under this section may call for the assistance of a peace officer. 2021, c. 21, Sched. 3, s. 2.
	Status review		Use of mechanical restraints prohibited
	114.		(3) A child protection worker or a peace officer shall not use or permit the use of mechanical restraints on a child when acting under this section. 2021, c. 21, Sched. 3, s. 2.
	Court may vary, etc.		Section Amendments with date in force (d/m/y)
	115.		Legal Representation
			Legal representation of child
			78 (1) A child may have legal representation at any stage in a proceeding under this Part.
	Status review for children in, or formerly in, extended society care		Court to consider issue
			(2) Where a child does not have legal representation in a proceeding under this Part, the court,
	116.		(a) shall, as soon as practicable after the commencement of the proceeding; and
	Court order		(b) may, at any later stage in the proceeding,
	117.		determine whether legal representation is desirable to protect the child’s interests.
	Director’s annual review of children in extended society care		Direction for legal representation
			(3) Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child.
	118.		Criteria
			(4) Where,
	Investigation by judge		(a) the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be placed in interim or extended society care under paragraph 2 or 3 of subsection 101 (1);
	119.		(b) the child is in the society’s care and,
	Complaint to society		(i) no parent appears before the court, or
	120.		(ii) it is alleged that the child is in need of protection within the meaning of clause 74 (2) (a), (c), (f), (g) or (j); or
	Complaint to Board		(c) the child is not permitted to be present at the hearing,
	Appeals		legal representation is deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, that the child’s interests are otherwise adequately protected.
	121.		Where parent a minor
			(5) Where a child’s parent is younger than 18, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise.
	Appeal		Parties and Notice
			Parties
			79 (1) The following are parties to a proceeding under this Part:
	Expiry of Orders		1. The applicant.
	122.		2. The society having jurisdiction in the matter.
	Time limit		3. The child’s parent.
	123.		4. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2 and 3 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Expiry of orders		Director to be added
			(2) At any stage in a proceeding under this Part, the court shall add a Director as a party on the Director’s motion.
	Continued Care and Support		Right to participate
			(3) Any person, including a foster parent, who has cared for the child continuously during the six months immediately before the hearing,
	124.		(a) is entitled to the same notice of the proceeding as a party;
	Continued care and support		(b) may be present at the hearing;
	Duty to Report		(c) may be represented by a lawyer; and
	125.		(d) may make submissions to the court,
	Duty to report child in need of protection		but shall take no further part in the hearing without leave of the court.
	126.		Child 12 or older
			(4) A child 12 or older who is the subject of a proceeding under this Part is entitled to receive notice of the proceeding and to be present at the hearing, unless the court is satisfied that being present at the hearing would cause the child emotional harm and orders that the child not receive notice of the proceeding and not be permitted to be present at the hearing.
	Society to assess and verify report of child in need of protection		Child younger than 12
			(5) A child younger than 12 who is the subject of a proceeding under this Part is not entitled to receive notice of the proceeding or to be present at the hearing unless the court is satisfied that the child,
	127.		(a) is capable of understanding the hearing; and
	Society to report abuse of child in its care and custody		(b) will not suffer emotional harm by being present at the hearing,
	128.		and orders that the child receive notice of the proceeding and be permitted to be present at the hearing.
	Duty to report child’s death		Child’s participation
			(6) A child who is the applicant under subsection 113 (4) or 115 (4) (status review), receives notice of a proceeding under this Part or has legal representation in a proceeding is entitled to participate in the proceeding and to appeal under section 121 as if the child were a party.
	Review Teams		Dispensing with notice
			(7) Where the court is satisfied that the time required for notice to a person might endanger the child’s health or safety, the court may dispense with notice to that person.
	129.		Customary Care
			Customary care
			80 A society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child,
	Review team		(a) is in need of protection;
	Court-Ordered Access to Records		(b) cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order; and
	130.		(c) is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community.
	Production of records		Commencing Child Protection Proceedings
			Warrants, orders, etc.
			Application
			81 (1) A society may apply to the court to determine whether a child is in need of protection.
	131.		Warrant to bring child to place of safety
			(2) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that,
	Warrant for access to record		(a) the child is younger than 16;
	132.		(b) the child is in need of protection; and
	Telewarrant		(c) a less restrictive course of action is not available or will not protect the child adequately.
	Child Abuse Register		When warrant may not be refused
			(3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7).
	133.		Order to produce child or bring child to place of safety
			(4) Where the court is satisfied, on a person’s application upon notice to a society, that there are reasonable and probable grounds to believe that,
	Register		(a) a child is in need of protection, the matter has been reported to the society, the society has not made an application under subsection (1), and no child protection worker has sought a warrant under subsection (2) or brought the child to a place of safety under subsection (7); and
	134.		(b) the child cannot be protected adequately otherwise than by being brought before the court,
	Hearing re registered person		the court may order,
	Powers of Director		(c) that the person having charge of the child produce the child before the court at the time and place named in the order for a hearing under subsection 90 (1) to determine whether the child is in need of protection; or
	135.		(d) where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety.
	Director’s power to transfer		Child’s name, location not required
			(5) It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located.
	Offences, Restraining Orders, Recovery on Child’s Behalf and Injunctions		Authority to enter, etc.
			(6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.
	136.		Bring child to place of safety without warrant
			(7) A child protection worker who believes on reasonable and probable grounds that,
	Abuse, failure to provide for reasonable care, etc.		(a) a child is in need of protection;
	137.		(b) the child is younger than 16; and
	Restraining order		(c) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 90 (1) or obtain a warrant under subsection (2),
	138.		may without a warrant bring the child to a place of safety.
	Legal claim for recovery because of abuse		Police assistance
			(8) A child protection worker acting under this section may call for the assistance of a peace officer.
	139.		Consent to examine child
			(9) A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required.
	Prohibition		Right of entry, etc.
			(10) A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.
	140.		Regulations re power of entry
			(11) A child protection worker authorized to enter premises under subsection (6) or (10) shall exercise the power of entry in accordance with the regulations.
	Offences re interfering, etc. with child in society supervision or care		Peace officer has powers of child protection worker
			(12) Subsections (2), (6), (7), (10) and (11) apply to a peace officer as if the peace officer were a child protection worker.
	141.		Protection from personal liability
			(13) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty.
	Offences re false information, obstruction, etc.		Exception, 16 and 17 year olds brought to place of safety with consent
			82 (1) A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents.
	142.		Temporary or final supervision order
			(2) In this section,
	Other offences		“temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a).
	142.1		Special Cases of Bringing Children to a Place of Safety
			Bringing children who are removed from or leave care to place of safety
			With warrant
			83 (1) A justice of the peace may issue a warrant authorizing a peace officer or a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or a child protection worker’s sworn information that,
	Offences, procedure		(a) the child is actually or apparently younger than 16, and,
	143.		(i) has left or been removed from a society’s lawful care and custody without its consent, or
	Injunction		(ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and
	PART VI		(b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. 2017, c. 14, Sched. 1, s. 83 (1); 2019, c. 15, Sched. 5, s. 1.
	YOUTH JUSTICE
	144.		When warrant may not be refused
			(2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). 2017, c. 14, Sched. 1, s. 83 (2).
	Definitions		No need to specify premises
			(3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. 2017, c. 14, Sched. 1, s. 83 (3).
	Programs and Officers		Without warrant
			(4) A peace officer or child protection worker may without a warrant bring the child to a place of safety if the peace officer or child protection worker believes on reasonable and probable grounds that,
	145.		(a) the child is actually or apparently younger than 16, and,
	Programs		(i) has left or been removed from a society’s lawful care and custody without its consent, or
	146.		(ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and
	Appointments by Minister		(b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1). 2017, c. 14, Sched. 1, s. 83 (4).
	147.		Section Amendments with date in force (d/m/y)
	Reports and information		Bringing child younger than 12 home or to place of safety
			84 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so,
	Temporary Detention		(a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or
	148.		(b) where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person.
	Open and secure temporary detention		Notice to parent, etc.
			(2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person.
	Custody		Where child not returned to parent, etc., within 12 hours
			(3) Where a child brought to a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (7) and not under subsection (1).
	149.		Children who withdraw from parent’s care
			Warrant to bring child to a place of safety
			85 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that,
	Detention under Provincial Offences Act		(a) the child is younger than 16;
	150.		(b) the child has withdrawn from the person’s care and control without the person’s consent; and
	Young persons in open custody		(c) the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety.
	Custody Review Board		Child to be returned or brought to a place of safety
			(2) A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety.
	151.		Notice to person with care, custody or control
			(3) The person in charge of a place of safety to which a child is brought under subsection (2) shall make reasonable efforts to notify the person with care and control of the child that the child is in the place of safety so that the child may be returned to that person.
	Custody Review Board
	152.
	Application to Board
	Apprehension of Young Persons who are Absent from Custody without Permission
	153.
	Apprehension		as otherwise provided under subsection 79 (4) or (5);
	Inspections and Investigations
	154.
	Inspections and investigations
	Searches
	155.
	Permissible searches
	Mechanical Restraints
	156.
	Mechanical restraints
	PART VII
	EXTRAORDINARY MEASURES
	157.
	Definitions
	Secure Treatment Programs
	158.
	Secure treatment programs
	159.
	Locking up permitted
	160.
	Mechanical restraints permitted
	Commitment to Secure Treatment
	161.
	Application for order for child’s commitment
	162.
	Oral evidence
	163.
	Assessment
	164.
	Commitment to secure treatment: criteria
	165.
	Period of commitment
	166.
	Reasons, plans, etc.
	Extension of Period of Commitment
	167.
	Extension
	Release by Administrator
	168.
	Release
	Review of Commitment
	169.
	Review of commitment
	170.
	ss. 167 (3-6), 168, 169 apply
	Emergency Admission
	171.
	Emergency admission
	Police Assistance
	172.
	Powers of peace officers, period of commitment
	Secure De-escalation
	173.
	Director’s approval
	174.
	Secure de-escalation
	175.
	Review of use of secure de-escalation
	Psychotropic Drugs
	176.
	Consent required for use of psychotropic drugs
	Professional Advisory Board
	177.
	Professional Advisory Board
	178.
	Request for review
	PART VIII
	ADOPTION AND ADOPTION LICENSING
	Interpretation
	179.
	Interpretation
	Consent to Adoption
	180.
	Consents
	181.
	Dispensing with consent
	182.
	Late withdrawal of consent
	Placement for Adoption
	183.
	Only societies and licensees may place children, etc.
	184.
	Limitation on placement by society
	185.
	Adoption planning
	186.
	First Nations, Inuk or Métis child
	187.
	First Nations, Inuk or Métis child, openness, etc.
	188.
	Child from inside Canada: proposed placement
	189.
	Child from outside Canada: homestudy
	190.
	Child from outside Canada: review of proposed placement
	191.
	Access orders terminate
	Decision to Refuse to Place Child or to Remove Child after Placement
	192.
	Decision of society or licensee
	193.
	Notice to Director
	Openness Orders
	194.
	No access order in effect
	195.
	Access order in effect
	196.
	Access order in effect
	197.
	Openness order — band and First Nations, Inuit or Métis community
	198.
	Application to vary or terminate openness order before adoption
	Adoption Orders
	199.
	Orders for adoption
	200.
	Where applicant a minor
	201.
	Where order not to be made
	202.
	Director’s statement
	203.
	Place of hearing
	204.
	Rules re applications
	205.
	Power of court
	206.
	Change of name
	207.
	Varying or terminating openness orders after adoption
	208.
	Appeal of order to vary or terminate openness order
	209.
	Application of s. 204
	210.
	Child may participate
	211.
	Legal representation of child
	Openness Agreements
	212.
	Who may enter into openness agreement
	Interim Orders
	213.
	Interim order
	214.
	Successive adoption orders
	Appeals
	215.
	Appeals
	Effect of Adoption Order
	216.
	Order final
	217.
	Status of adopted child
	218.
	Effect of foreign adoption
	219.
	No order for access by birth parent, etc.
	Maintenance of Relationships
	220.
	Maintenance of relationships
	Records, Confidentiality and Disclosure
	221.
	Parent to be informed on request
	222.
	Court papers
	223.
	Designation of custodians of information
	224.
	Disclosure to designated custodian
	225.
	Disclosure to others
	226.
	Scope of application
	Confidentiality of Adoption Records
	227.
	Confidentiality of adoption information
	Injunction
	228.
	Injunction
	Licensing — Requirement for Licence; Issuance and Renewal
	229.
	Licences
	230.
	Conditions of licence
	Licensing — Refusal and Revocation
	231.
	Grounds for refusal
	232.
	Grounds for revocation, refusal to renew
	Licensing — Hearing by Tribunal
	233.
	Hearings arising out of s. 231 or 232
	234.
	Review of conditions by Tribunal
	235.
	Continuation of licence pending renewal
	236.
	Suspension of licence
	237.
	Application of other provisions
	Licensing — Delivery of Licence and Records
	238.
	Licence and record to be delivered
	Licensing — Injunctions
	239.
	Injunction
	Offences
	240.
	No payments for adoption
	241.
	Offences
	242.
	Offences — licensing
	PART IX
	RESIDENTIAL LICENSING
	243.
	Definitions
	Protective Measures
	244.
	Licence required
	245.
	Prohibition — past offence
	246.
	Prohibition — holding out as licensed
	247.
	Placements must comply with Act and regulations, etc.
	248.
	Duty to keep licence
	249.
	Duty to provide licence and other information
	250.
	Report certain matters to a Director
	251.
	Director may exempt
	252.
	Directives by Minister
	253.
	Publication of information by Minister
	Licences
	254.
	Issuance and renewal of licence
	255.
	Conditions of licence
	256.
	Term of licence
	257.
	Continuation of licence pending renewal
	258.
	Class of licence
	259.
	Maximum number of children
	260.
	Appeals of class or maximum number
	261.
	Refusals and revocations
	262.
	Proposal to revoke or refuse to renew
	263.
	Notice of proposal
	264.
	Suspension
	Hearings by Tribunal
	265.
	Hearings by Tribunal
	266.
	Rules for proceedings
	Appeals
	267.
	Appeal from Tribunal
	Amount Charged by Licensee
	268.
	Amount
	Licensee Ceasing to Operate, etc.
	269.
	Licence and records to be delivered
	270.
	Notice to placing agency or other person; removal of children
	Occupation by Minister and Injunctions
	271.
	Order for Minister’s occupation
	272.
	Injunction
	Residential Licensing Inspections
	273.
	Appointment of inspectors
	274.
	Purpose of inspection
	275.
	Inspections without warrant
	276.
	Powers on inspection
	277.
	Warrant
	278.
	Inspection report
	279.
	Admissibility of certain documents
	Offences
	280.
	Offences
	PART X
	PERSONAL INFORMATION
	Definitions
	281.
	Definitions
	282.
	Confidentiality provisions prevail
	Minister’s Powers to Collect, Use and Disclose Personal Information
	283.
	Collection, use and disclosure of personal information by the Minister
	284.
	Information requested by Minister
	Collection, Use and Disclosure of Personal Information by Service Providers
	285.
	Application of Part
	286.
	Collection, use and disclosure of personal information — requirement for consent
	287.
	Collection, use and disclosure of information other than personal information
	288.
	Indirect collection of personal information
	289.
	Direct collection without consent
	290.
	Notice to individual re use or disclosure of information
	291.
	Permitted use
	292.
	Disclosure without consent
	293.
	Disclosure for planning and managing services, etc.
	294.
	Records of mental disorders
	Consent
	295.
	Elements of consent for collection, use and disclosure of personal information
	296.
	Withdrawal of consent
	297.
	Conditional consent
	298.
	Presumption of consent’s validity
	Capacity and Substitute Decision-Making
	299.
	Presumption of capacity
	300.
	Differing capacity
	301.
	Substitute decision-maker
	302.
	Factors to consider for consent
	303.
	Additional authority of substitute decision-maker
	304.
	Determination of incapacity
	305.
	Appointment of representative
	Integrity and Protection of Personal Information
	306.
	Steps to ensure accuracy, etc. of personal information
	307.
	Steps to ensure collection of personal information is authorized
	308.
	Steps to ensure security of personal information
	309.
	Handling of records
	310.
	Disclosure to successor
	311.
	Written public statement by service provider
	Individual’s Access to Personal Information
	312.
	Individual’s right of access
	313.
	Request for access
	314.
	Response of service provider
	Corrections to Records
	315.
	Correction to record
	Complaints, Reviews and Inspections
	316.
	Complaint to Commissioner
	317.
	Response of Commissioner
	318.
	Commissioner’s self-initiated review
	319.
	Conduct of Commissioner’s review
	320.
	Inspection powers
	321.
	Powers of Commissioner
	322.
	Appeal of order
	323.
	Enforcement of order
	324.
	Further order of Commissioner
	325.
	Damages for breach of privacy
	326.
	General powers of Commissioner
	327.
	Delegation by Commissioner
	328.
	Limitations re personal information
	329.
	Immunity
	Prohibitions, Immunity and Offences
	330.
	Non-retaliation
	331.
	Immunity
	332.
	Offences
	PART XI
	MISCELLANEOUS MATTERS
	333.
	Child and Family Services Review Board
	334.
	Police record checks
	335.
	Society may request police record checks from police, etc.
	336.
	Review of Act
	337.
	Review to address rights of children and young persons
	338.
	Review to address First Nations, Inuit and Métis issues
	PART XII
	REGULATIONS
	339.
	General
	340.
	Regulations: Part II (Children’s and Young Persons’ Rights)
	341.
	Regulations: Part III (Funding and Accountability)
	342.
	Regulations: Part IV (First Nations, Inuit and Métis Child and Family Services)
	343.
	Regulations: Part V (Child Protection)
	344.
	Regulations: Part VI (Youth Justice)
	345.
	Regulations: Part VII (Extraordinary Measures)
	346.
	Regulations: Part VIII (Adoption and Adoption Licensing)
	347.
	Regulations: Part IX (Residential Licensing)
	348.
	Regulations: Part X (Personal Information)
	349.
	Regulations: Part XI (Miscellaneous Matters)
	Preamble
	The Government of Ontario acknowledges that children are individuals with rights to be respected and voices to be heard.
	The Government of Ontario is committed to the following principles:
	Services provided to children and families should be child-centred.
	Children and families have better outcomes when services build on their strengths.  Prevention services, early intervention services and community support services build on a family’s strengths and are invaluable in reducing the need for more disruptive services and interventions.
	Services provided to children and families should respect their diversity and the principle of inclusion, consistent with the Human Rights Code and the Canadian Charter of Rights and Freedoms.
	Systemic racism and the barriers it creates for children and families receiving services must continue to be addressed. All children should have the opportunity to meet their full potential.  Awareness of systemic biases and racism and the need to address these barriers should inform the delivery of all services for children and families.
	Services to children and families should, wherever possible, help maintain connections to their communities.
	In furtherance of these principles, the Government of Ontario acknowledges that the aim of the Child, Youth and Family Services Act, 2017 is to be consistent with and build upon the principles expressed in the United Nations Convention on the Rights of the Child.
	With respect to First Nations, Inuit and Métis children, the Government of Ontario acknowledges the following:
	The Province of Ontario has unique and evolving relationships with First Nations, Inuit and Métis peoples.
	First Nations, Inuit and Métis peoples are constitutionally recognized peoples in Canada, with their own laws, and distinct cultural, political and historical ties to the Province of Ontario.
	Where a First Nations, Inuk or Métis child is otherwise eligible to receive a service under this Act, an inter-jurisdictional or intra-jurisdictional dispute should not prevent the timely provision of that service, in accordance with Jordan’s Principle.
	The United Nations Declaration on the Rights of Indigenous Peoples recognizes the importance of belonging to a community or nation, in accordance with the traditions and customs of the community or nation concerned.
	Further, the Government of Ontario believes the following:
	First Nations, Inuit and Métis children should be happy, healthy, resilient, grounded in their cultures and languages and thriving as individuals and as members of their families, communities and nations.
	Honouring the connection between First Nations, Inuit and Métis children and their distinct political and cultural communities is essential to helping them thrive and fostering their well-being.
	For these reasons, the Government of Ontario is committed, in the spirit of reconciliation, to working with First Nations, Inuit and Métis peoples to help ensure that wherever possible, they care for their children in accordance with their distinct cultures, heritages and traditions.
	PART I
	PURPOSES AND INTERPRETATION
	Purposes
	Paramount purpose and other purposes
	Paramount purpose
	1 (1) The paramount purpose of this Act is to promote the best interests, protection and well-being of children.
	Other purposes
	(2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well-being of children, are to recognize the following:
	1. While parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent.
	2. The least disruptive course of action that is available and is appropriate in a particular case to help a child, including the provision of prevention services, early intervention services and community support services, should be considered.
	3. Services to children and young persons should be provided in a manner that,
	i. respects a child’s or young person’s need for continuity of care and for stable relationships within a family and cultural environment,
	ii. takes into account physical, emotional, spiritual, mental and developmental needs and differences among children and young persons,
	iii. takes into account a child’s or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression,
	iv. takes into account a child’s or young person’s cultural and linguistic needs,
	v. provides early assessment, planning and decision-making to achieve permanent plans for children and young persons in accordance with their best interests, and
	vi. includes the participation of a child or young person, the child’s or young person’s parents and relatives and the members of the child’s or young person’s extended family and community, where appropriate.
	4. Services to children and young persons and their families should be provided in a manner that respects regional differences, wherever possible.
	5. Services to children and young persons and their families should be provided in a manner that builds on the strengths of the families, wherever possible.
	6. First Nations, Inuit and Métis peoples should be entitled to provide, wherever possible, their own child and family services, and all services to First Nations, Inuit and Métis children and young persons and their families should be provided in a manner that recognizes their cultures, heritages, traditions, connection to their communities, and the concept of the extended family.
	7. Appropriate sharing of information, including personal information, in order to plan for and provide services is essential for creating successful outcomes for children and families.
	Interpretation
	Interpretation
	Definitions
	2 (1) In this Act,
	“agency” means a corporation; (“agence”)
	“band” has the same meaning as in the Indian Act (Canada); (“bande”)
	“Board” means the Child and Family Services Review Board continued under section 333; (“Commission”)
	“child” means a person younger than 18; (“enfant”)
	“child in care” means a child or young person who is receiving residential care from a service provider and includes,
	(a) a child who is in the care of a foster parent, and
	(b) a young person who is,
	(i) detained in a place of temporary detention under the Youth Criminal Justice Act (Canada),
	(ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or
	(iii) held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “enfant qui reçoit des soins”)
	“court” means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; (“tribunal”)
	“creed” includes religion; (“croyance”)
	“customary care” means the care and supervision of a First Nations, Inuk or Métis child by a person who is not the child’s parent, according to the custom of the child’s band or First Nations, Inuit or Métis community; (“soins conformes aux traditions”)
	“Director” means a Director appointed under subsection 53 (1); (“directeur”)
	“extended family” means persons to whom a child is related, including through a spousal relationship or adoption and, in the case of a First Nations, Inuk or Métis child, includes any member of,
	(a) a band of which the child is a member,
	(b) a band with which the child identifies,
	(c) a First Nations, Inuit or Métis community of which the child is a member, and
	(d) a First Nations, Inuit or Métis community with which the child identifies; (“famille élargie”)
	“First Nations, Inuit or Métis community” means a community listed by the Minister in a regulation made under section 68; (“communauté inuite, métisse ou de Premières Nations”)
	“foster care” means the provision of residential care to a child, by and in the home of a person who,
	(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and
	(b) is not the child’s parent or a person with whom the child has been placed for adoption under Part VIII (Adoption and Adoption Licensing),
	and “foster home” and “foster parent” have corresponding meanings; (“soins fournis par une famille d’accueil”, “famille d’accueil”, “parent de famille d’accueil”)
	“licence” means a licence issued under Part VIII (Adoption and Adoption Licensing) or Part IX (Residential Licensing); a reference to a licence in Part VIII is to a licence issued under that Part and a reference to a licence in Part IX is to a licence issued under that Part; (“permis”)
	“licensee” means the holder of a licence; (“titulaire de permis”)
	“local director” means a local director appointed under section 38; (“directeur local”)
	“mechanical restraints” means a device, material or equipment that reduces the ability of a person to move freely, and includes handcuffs, flex cuffs, leg irons, restraining belts, belly chains and linking chains; (“contentions mécaniques”)
	“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)
	“Ministry” means the ministry of the Minister; (“ministère”)
	“old Act” means the Child and Family Services Act; (“ancienne loi”)
	“order” includes a refusal to make an order; (“arrêté, ordre et ordonnance”)
	“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)
	“physical restraint” means a holding technique to restrict a person’s ability to move freely but, for greater certainty, does not include,
	(a) restricting movement, physical redirection or physical prompting, if the restriction, redirection or prompting is brief, gentle and part of a behaviour teaching program, or
	(b) the use of helmets, protective mitts or other equipment to prevent a person from physically injuring or further physically injuring themself; (“contention physique”)
	“place of open custody” means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu ouvert”)
	“place of open temporary detention” means a place of temporary detention in which the Minister has established an open detention program; (“lieu de détention provisoire en milieu ouvert”)
	“place of secure custody” means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu fermé”)
	“place of secure temporary detention” means a place of temporary detention in which the Minister has established a secure detention program; (“lieu de détention provisoire en milieu fermé”)
	“place of temporary detention” means a place or facility designated as a place of temporary detention under the Youth Criminal Justice Act (Canada); (“lieu de détention provisoire”)
	“prescribed” means prescribed by regulations; (“prescrit”)
	“program supervisor” means a program supervisor appointed under subsection 53 (2); (“superviseur de programme”)
	“provincial director” means,
	(a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or the Lieutenant Governor in Council’s delegate to perform any of the duties or functions of a provincial director under the Youth Criminal Justice Act (Canada), or
	(b) a person appointed under clause 146 (1) (a); (“directeur provincial”)
	“record” means a record of information in any form or in any medium, whether in written, printed, photographic or electronic form or otherwise, but does not include a computer program or other mechanism that can produce a record; (“dossier”)
	“regulations” means the regulations made under this Act; (“règlements”)
	“relative” means, with respect to a child, a person who is the child’s grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption; (“membre de la parenté”)
	“residential care” means boarding, lodging and associated supervisory, sheltered or group care provided for a child away from the home of the child’s parent, other than boarding, lodging or associated care for a child who has been placed in the lawful care and custody of a relative or member of the child’s extended family or the child’s community; (“soins en établissement”)
	“residential placement” means a place where residential care is provided; (“placement en établissement”, “placé dans un établissement”)
	“service” includes,
	(a) a service for a child with a developmental or physical disability or the child’s family,
	(b) a mental health service for a child or the child’s family,
	(c) a service related to residential care for a child,
	(d) a service for a child who is or may be in need of protection or the child’s family,
	(e) a service related to adoption for a child, the child’s family or others,
	(f) counselling for a child or the child’s family,
	(g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,
	(h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or
	(i) a prescribed service; (“service”)
	“service provider” means,
	(a) the Minister,
	(b) a licensee,
	(c) a person or entity, including a society, that provides a service funded under this Act, or
	(d) a prescribed person or entity,
	but does not include a foster parent; (“fournisseur de services”)
	“society” means an agency designated as a children’s aid society under subsection 34 (1); (“société”)
	“treatment” has the same meaning as in subsection 2 (1) of the Health Care Consent Act, 1996; (“traitement”)
	“Tribunal” means the Licence Appeal Tribunal; (‘‘Tribunal”)
	“young person” means,
	(a) a person who is or, in the absence of evidence to the contrary, appears to be 12 or older but younger than 18 and who is charged with or found guilty of an offence under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or
	(b) if the context requires, any person who is charged under the Youth Criminal Justice Act (Canada) with having committed an offence while they were a young person or who is found guilty of an offence under the Youth Criminal Justice Act (Canada). (“adolescent”)
	Interpretation, “parent”
	(2) Unless this Act provides otherwise, a reference in this Act to a parent of a child is deemed to be a reference to,
	(a) the person who has lawful custody of the child; or
	(b) if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires.
	Member of child’s or young person’s community
	(3) For the purposes of this Act, the following persons are members of a child’s or young person’s community:
	1. A person who has ethnic, cultural or creedal ties in common with the child or young person or with a parent, sibling or relative of the child or young person.
	2. A person who has a beneficial and meaningful relationship with the child or young person or with a parent, sibling or relative of the child or young person.
	Interpretation, child’s or young person’s bands and First Nations, Inuit or Métis communities
	(4) In this Act, a reference to a child’s or young person’s bands and First Nations, Inuit or Métis communities includes all of the following:
	1. Any band of which the child or young person is a member.
	2. Any band with which the child or young person identifies.
	3. Any First Nations, Inuit or Métis community of which the child or young person is a member.
	4. Any First Nations, Inuit or Métis community with which the child or young person identifies.
	PART II
	CHILDREN’S AND YOUNG PERSONS’ RIGHTS
	Rights of Children and Young Persons Receiving Services
	Rights of children, young persons receiving services
	3 Every child and young person receiving services under this Act has the following rights:
	1. To express their own views freely and safely about matters that affect them.
	2. To be engaged through an honest and respectful dialogue about how and why decisions affecting them are made and to have their views given due weight, in accordance with their age and maturity.
	3. To be consulted on the nature of the services provided or to be provided to them, to participate in decisions about the services provided or to be provided to them and to be advised of the decisions made in respect of those services.
	4. To raise concerns or recommend changes with respect to the services provided or to be provided to them without interference or fear of coercion, discrimination or reprisal and to receive a response to their concerns or recommended changes.
	5. To be informed, in language suitable to their understanding, of their rights under this Part.
	6. Repealed: 2018, c. 17, Sched. 34, s. 6 (1).
	2017, c. 14, Sched. 1, s. 3; 2018, c. 17, Sched. 34, s. 6 (1).
	Section Amendments with date in force (d/m/y)
	Corporal punishment prohibited
	4 No service provider or foster parent shall inflict corporal punishment on a child or young person or permit corporal punishment to be inflicted on a child or young person in the course of the provision of a service to the child or young person.
	Detention restricted
	5 No service provider or foster parent shall detain a child or young person or permit a child or young person to be detained in locked premises in the course of the provision of a service to the child or young person, except as Part VI (Youth Justice) and Part VII (Extraordinary Measures) authorize.
	Physical restraint restricted
	6 No service provider or foster parent shall use or permit the use of physical restraint on a child or young person for whom the service provider or foster parent is providing services, except as the regulations authorize.
	Mechanical restraints restricted
	7 No service provider or foster parent shall use or permit the use of mechanical restraints on a child or young person for whom the service provider or foster parent is providing services, except as Part VI (Youth Justice), Part VII (Extraordinary Measures) and the regulations authorize.
	Rights of Children in Care
	Right to be heard in respect of decisions
	8 (1) For greater certainty, the rights under section 3 of a child in care apply to decisions affecting them, including decisions with respect to,
	(a) the child’s or young person’s treatment, education or training or work programs;
	(b) the child’s or young person’s creed, community identity and cultural identity; and
	(c) the child’s or young person’s placement in or discharge from a residential placement or transfer to another residential placement.
	Views to be given due weight
	(2) The child’s or young person’s views with respect to the decisions described in subsection (1) shall be given due weight, in accordance with the child’s or young person’s age and maturity as required by paragraph 2 of section 3.
	Right to be informed re residential placement admission
	9 Upon admission to a residential placement, and at regular intervals thereafter, or, where intervals are prescribed, at the prescribed intervals thereafter, a child in care has a right to be informed, in language suitable to their understanding, of,
	(a) their rights under this Part;
	(b) the complaints procedures established under subsection 18 (1) and the further review available under section 19;
	(c) the review procedures available for children under sections 64, 65 and 66;
	(d) the review procedures available under section 152, in the case of a young person described in clause (b) of the definition of “child in care” in subsection 2 (1);
	(e) their responsibilities while in the placement; and
	(f) the rules governing day-to-day operation of the residential care, including disciplinary procedures.
	Rights of communication, etc.
	10 (1) A child in care has a right,
	(a) to speak in private with, visit and receive visits from members of their family or extended family regularly, subject to subsection (2);
	(b) without unreasonable delay, to speak in private with and receive visits from,
	(i) their lawyer,
	(ii) another person representing the child or young person,
	(iii) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, and
	(iv) a member of the Legislative Assembly of Ontario or of the Parliament of Canada; and
	(c) to send and receive written communications that are not read, examined or censored by another person, subject to subsections (3) and (4).  2017, c. 14, Sched. 1, s. 10 (1); 2018, c. 17, Sched. 34, s. 6 (2).
	When child is in extended society care
	(2) A child in care who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) is not entitled as of right to speak with, visit or receive visits from a member of their family or extended family, except under an order for access made under Part V (Child Protection) or an openness order or openness agreement made under Part VIII (Adoption and Adoption Licensing).
	Opening, etc., of written communications to child in care
	(3) Subject to subsection (4), written communications to a child in care,
	(a) may be opened by the service provider or a member of the service provider’s staff in the child’s or young person’s presence and may be inspected for articles prohibited by the service provider;
	(b) subject to clause (c), may be examined or read by the service provider or a member of the service provider’s staff in the child’s or young person’s presence, where the service provider believes on reasonable grounds that the contents of the written communication may cause the child or young person physical or emotional harm;
	(c) shall not be examined or read by the service provider or a member of the service provider’s staff if it is to or from a person described in subclause (1) (b) (i), (ii), (iii) or (iv); and
	(d) shall not be censored or withheld from the child or young person, except that articles prohibited by the service provider may be removed from the written communication and withheld from the child or young person.
	Opening, etc., of young person’s written communications
	(4) Written communications to and from a young person who is detained in a place of temporary detention or held in a place of secure custody or of open custody,
	(a) may be opened by the service provider or a member of the service provider’s staff in the young person’s presence and may be inspected for articles prohibited by the service provider;
	(b) may be examined or read by the service provider or a member of the service provider’s staff and may be withheld from the recipient in whole or in part where the service provider or the member of their staff believes on reasonable grounds that the contents of the written communications,
	(i) may be prejudicial to the best interests of the young person, the public safety or the safety or security of the place of detention or custody, or
	(ii) may contain communications that are prohibited under the Youth Criminal Justice Act (Canada) or by court order;
	(c) shall not be examined or read under clause (b) if it is to or from the young person’s lawyer; and
	(d) shall not be opened and inspected under clause (a) or examined or read under clause (b) if it is to or from a person described in subclause (1) (b) (ii), (iii) or (iv).
	Definition
	(5) In this section,
	“written communications” includes mail and electronic communication in any form.
	Section Amendments with date in force (d/m/y)
	Conditions and limitations on visitors
	11 (1) A service provider may impose such conditions and limitations on persons who are visiting a young person in a place of temporary detention, of open custody or of secure custody as are necessary to ensure the safety of staff or young persons in the facility.
	Suspending visits in emergencies
	(2) Where a service provider has reasonable grounds to believe there are emergency circumstances within a facility that is a place of temporary detention, of open custody or of secure custody or within the community that may pose a risk to staff or young persons in the facility, the service provider may suspend visits until there are reasonable grounds to believe the emergency has been resolved and there is no longer a risk to staff or young persons in the facility.
	Limited exception
	(3) Despite subsection (2), the service provider may not suspend visits from,
	(a) Repealed: 2018, c. 17, Sched. 34, s. 6 (3).
	(b) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff; or
	(c) a member of the Legislative Assembly of Ontario or of the Parliament of Canada,
	unless the provincial director determines that suspension is necessary to ensure public safety or the safety of staff or young persons in the facility. 2017, c. 14, Sched. 1, s. 11 (3); 2018, c. 17, Sched. 34, s. 6 (3).
	Section Amendments with date in force (d/m/y)
	Personal liberties
	12 A child in care has a right,
	(a) to have reasonable privacy and possession of their own personal property, subject to section 155; and
	(b) to receive instruction and participate in activities of their choice related to their creed, community identity and cultural identity, subject to section 14.
	Plan of care
	13 (1) A child in care has a right to a plan of care designed to meet their particular needs, which shall be prepared within 30 days of the child’s or young person’s admission to the residential placement.
	Rights to care
	(2) A child in care has a right,
	(a) to participate in the development of their individual plan of care and in any changes made to it;
	(b) to have access to food that is of good quality and appropriate for the child or young person, including meals that are well balanced;
	(c) to be provided with clothing that is of good quality and appropriate for the child or young person, given their size and activities and prevailing weather conditions;
	(d) to receive medical and dental care, subject to section 14, at regular intervals and whenever required, in a community setting whenever possible;
	(e) to receive an education that corresponds to their aptitudes and abilities, in a community setting whenever possible; and
	(f) to participate in recreational, athletic and creative activities that are appropriate for their aptitudes and interests, in a community setting whenever possible.
	Parental consent, etc.
	14 Subject to subsection 94 (7) and sections 110 and 111 (custody during adjournment, interim and extended society care), the parent of a child in care retains any right that the parent may have,
	(a) to direct the child’s or young person’s education and upbringing, in accordance with the child’s or young person’s creed, community identity and cultural identity; and
	(b) to consent to treatment on behalf of an incapable child or young person, if the parent is the child’s or young person’s substitute decision-maker in accordance with section 20 of the Health Care Consent Act, 1996.
	Service Providers’ Duties in respect of Children’s and Young Persons’ Rights
	Children’s, young persons’ rights to respectful services
	15 (1) Service providers shall respect the rights of children and young persons as set out in this Act.
	Children, young persons to be heard and represented
	(2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.
	Exception
	(3) Subsection (2) does not apply to a child or young person or parent of a child or young person if there is good cause for not giving that person an opportunity to be heard or represented as described in that subsection.
	Criteria and safeguards re decisions
	(4) Service providers shall ensure that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to appropriate procedural safeguards.
	(5) Repealed: 2018, c. 17, Sched. 34, s. 6 (4).
	Section Amendments with date in force (d/m/y)
	French language services
	16 Service providers shall, where appropriate, make services to children and young persons and their families available in the French language.
	Alternative Dispute Resolution
	Resolution of issues by prescribed method of alternative dispute resolution
	17 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care.
	First Nations, Inuk or Métis child
	(2) If the issue referred to in subsection (1) relates to a First Nations, Inuk or Métis child, the society shall consult with a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities to determine whether an alternative dispute resolution process established by the bands and communities or another prescribed alternative dispute resolution process could assist in resolving the issue.
	Children’s Lawyer
	(3) If a society or a person, including a child, who is receiving child welfare services proposes that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if, in the opinion of the Children’s Lawyer, such legal representation is appropriate.
	Notice to band, community
	(4) If a society makes or receives a proposal that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken under subsection (3) in a matter involving a First Nations, Inuk or Métis child, the society shall give notice of the proposal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Complaints and Reviews
	Complaints procedure
	18 (1) A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall establish a written procedure, in accordance with the regulations, for hearing and dealing with,
	(a) complaints regarding alleged violations of the rights under this Part of children in care; and
	(b) complaints by children in care or other persons affected by conditions or limitations imposed on visitors under subsection 11 (1) or suspensions of visits under subsection 11 (2).
	(2) Repealed: 2018, c. 17, Sched. 34, s. 6 (5).
	Review of complaint
	(3) A service provider shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under clause (1) (a) or (b), on the complaint of,
	(a) a child in care or a group of children in care;
	(b) the parent of a child in care who makes a complaint;
	(c) another person representing the child in care who makes a complaint; or
	(d) a person affected by a condition or limitation imposed on visitors under subsection 11 (1) or a suspension of visits under subsection 11 (2),
	and shall seek to resolve the complaint.
	Response to complainants
	(4) Upon completion of its review under subsection (3), the service provider shall inform each person who made the complaint, whether as an individual or as part of a group, of the results of the review.
	Section Amendments with date in force (d/m/y)
	Further review
	19 (1) Where a person referred to in subsection 18 (3) makes a complaint, whether as an individual or as part of a group, and is not satisfied with the results of the review conducted under that subsection and requests in writing that the Minister appoint a person to conduct a further review of the complaint, the Minister shall appoint a person who is not employed by the service provider to do so.
	Same
	(2) A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may do so by holding a hearing.
	Procedure
	(3) The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2).
	Powers of appointed person
	(4) A person appointed under subsection (1) has, for the purposes of the review, all the powers of a program supervisor appointed under subsection 53 (2).
	Review and report within 30 days
	(5) A person appointed under subsection (1) shall, within 30 days after the day of the appointment, complete the review, set out in a report the person’s findings and recommendations, including the reasons for not holding a hearing if none was held, and provide copies of the report to,
	(a) each person who made the complaint, whether as an individual or as part of a group;
	(b) the service provider; and
	(c) the Minister.
	Minister to advise persons affected of any decision
	20 (1) Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 19 (5), the Minister shall advise the service provider and each person who made the complaint, whether as an individual or as part of a group, of the decision.
	Remedies preserved
	(2) The Minister’s decision referred to in subsection (1) does not affect any other remedy that may be available.
	Consent and Voluntary Services
	Consents and agreements
	21 (1) In this section,
	“capacity” means the capacity to understand and appreciate the nature of a consent or agreement and the consequences of giving, withholding or withdrawing the consent or making, not making or terminating the agreement; (“jouit de toutes ses facultés mentales”)
	“nearest relative”, when used in reference to a person who is younger than 16, means the person with lawful custody of the person, and when used in reference to a person who is 16 or older, means the person who would be authorized to give or refuse consent to a treatment on the person’s behalf under the Health Care Consent Act, 1996 if the person were incapable with respect to the treatment under that Act. (“membre de la parenté le plus proche”)
	Elements of valid consent or agreement, etc.
	(2) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is valid if, at the time the consent is given or withdrawn or the agreement is made or terminated, the person,
	(a) has capacity;
	(b) is reasonably informed as to the nature and consequences of the consent or agreement, and of alternatives to it;
	(c) gives or withdraws the consent or executes the agreement or notice of termination voluntarily, without coercion or undue influence; and
	(d) has had a reasonable opportunity to obtain independent advice.
	Where person lacks capacity
	(3) A person’s nearest relative may give or withdraw a consent or participate in or terminate an agreement on the person’s behalf if it has been determined on the basis of an assessment, not more than one year before the nearest relative acts on the person’s behalf, that the person does not have capacity.
	Exceptions: ss. 180, 74 (2) (n)
	(4) Subsection (3) does not apply to a consent under section 180 (consents to adoption) or to a parent’s consent referred to in clause 74 (2) (n) (child in need of protection).
	Consent, etc., of minor
	(5) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is younger than 18.
	Exception: Part X
	(6) This section does not apply in respect of the collection, use or disclosure of personal information under Part X (Personal Information).
	Consent to service
	Consent to service: person 16 or older
	22 (1) Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person.
	Consent to residential care: child younger than 16 or in society’s care
	(2) A service provider may provide residential care to a child,
	(a) if the child is younger than 16, with the consent of the child’s parent; and
	(b) if the child is in a society’s lawful custody, with the society’s consent,
	except where this Act provides otherwise.
	Exception — Part VI
	(3) Subsections (1) and (2) do not apply where a service is provided to a young person under Part VI (Youth Justice).
	Discharge from residential placement
	(4) A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) may only be discharged from the placement,
	(a) with the consent that would be required for a new residential placement;
	(b) where the placement is made under the authority of an agreement made under subsection 75 (1) (temporary care agreements), in accordance with section 76 (notice of termination); or
	(c) where the placement is made under the authority of an agreement made under subsection 77 (1) (agreements with 16 and 17 year olds), in accordance with subsection 77 (4) (notice of termination).
	Transfer to another placement
	(5) A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) shall not be transferred from one placement to another unless the consent that would be required for a new residential placement is given.
	Child’s views and wishes
	(6) Before a child is placed in or discharged from a residential placement or transferred from one residential placement to another with the consent referred to in subsection (2), the service provider shall,
	(a) ensure that the child and the person whose consent is required under subsection (2) are made aware of and understand, as far as possible, the reasons for the placement, discharge or transfer; and
	(b) take the child’s views and wishes into account, given due weight in accordance with the child’s age and maturity.
	Application of Health Care Consent Act, 1996
	(7) If the service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of this section.
	Counselling service: child 12 or older
	23 (1) A service provider may provide a counselling service to a child who is 12 or older with the child’s consent, and no other person’s consent is required, but if the child is younger than 16, the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent.
	Application of Health Care Consent Act, 1996
	(2) If the counselling service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of subsection (1).
	PART III
	FUNDING AND ACCOUNTABILITY
	Definition
	24 In this Part,
	“lead agency” means an entity designated as a lead agency under subsection 30 (1).
	Funding of Services and Lead Agencies
	Provision of services directly or by others
	25 The Minister may,
	(a) provide services;
	(b) establish, operate and maintain premises for the provision of services;
	(c) provide funding, pursuant to agreements, to persons, agencies, municipalities, organizations and other prescribed entities,
	(i) for the provision or coordination of services by them,
	(ii) for the acquisition, maintenance or operation of premises used for the provision or coordination of services,
	(iii) for the establishment of advisory groups or committees with respect to services,
	(iv) for research, evaluation, planning, development, co-ordination or redesign with respect to services,
	(v) for any other prescribed purpose; and
	(d) provide funding, pursuant to agreements, to lead agencies with respect to the performance of the functions referred to in subsection 30 (5).
	Services to persons older than 18
	26 The Minister may provide services and provide funding pursuant to agreements for the provision of services to persons who are not children, and to their families, as if those persons were children.
	Minister’s advisory committee
	27 The Minister may appoint members to a Minister’s advisory committee, established by order of the Lieutenant Governor in Council, to advise the Minister on child and family well-being.
	Security for payment of funds
	28 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, charge, caution, registration of agreement or in such other manner as the Minister determines.
	Conditions on transfer of assets
	29 No service provider or lead agency shall transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations or any term of an agreement with the Minister.
	Lead agencies
	Designation
	30 (1) The Minister may designate an entity as a lead agency.
	Conditions of designation
	(2) The Minister may impose conditions on a designation made under this section and may at any time amend or remove the conditions or impose new ones.
	Revocation of designation
	(3) The Minister may revoke a designation made under this section.
	Categories of lead agencies
	(4) The Minister may assign lead agencies to different lead agency categories established by the regulations.
	Functions of lead agencies
	(5) Every lead agency shall perform the functions assigned to the lead agency’s category by the regulations.
	List of lead agencies and categories
	(6) The Minister shall maintain a list of lead agencies and their categories.
	Public availability
	(7) The Minister shall make the list available to the public.
	Placements must comply with Act and regulations, etc.
	31 No service provider shall place a child in a residential placement except in accordance with this Act, the regulations and the directives issued under this Act.
	Directives and Compliance Orders (Lead Agencies and Service Providers)
	Directives by Minister
	Non-application
	32 (1) This section and section 33 do not apply in respect of,
	(a) licensees under Part IX (Residential Licensing), when acting in their capacity as licensees under that Part; or
	(b) societies, when performing their functions under subsection 35 (1).
	Directives
	(2) The Minister may issue directives to service providers and lead agencies with respect to any prescribed matter.
	Binding
	(3) Every service provider and lead agency shall comply with every directive issued to it under this section.
	General or particular
	(4) A directive may be general or particular in its application.
	Law prevails
	(5) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails.
	Public availability
	(6) The Minister shall make every directive under this section available to the public.
	Non-application of Legislation Act, 2006
	(7) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section.
	Compliance order
	Grounds
	33 (1) A program supervisor may make an order under subsection (2) if the program supervisor believes on reasonable grounds that a service provider or lead agency has failed to comply with,
	(a) this Act or the regulations;
	(b) a directive issued under section 32;
	(c) in the case of a service provider, an agreement referred to in clause 25 (c) or section 26; or
	(d) in the case of a lead agency,
	(i) an agreement referred to in clause 25 (d);
	(ii) a condition imposed on the lead agency’s designation under subsection 30 (2), or
	(iii) subsection 30 (5) (functions of lead agencies).
	Order
	(2) For the purposes of subsection (1), a program supervisor may issue an order to the service provider or lead agency that requires either or both of the following:
	1. That the service provider or lead agency do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order.
	2. That the service provider or lead agency prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance.
	Compliance required
	(3) A service provider or lead agency served with an order under this section shall comply with the order within the time specified in it.
	Public availability
	(4) The Minister,
	(a) may make orders under this section available to the public; and
	(b) shall make a summary of each order under this section available to the public in accordance with the regulations.
	Failure to comply
	(5) If a service provider or lead agency fails to comply with an order made under this section within the time specified in it, the Minister may terminate all or part of the funding provided to the service provider or lead agency.
	Children’s Aid Societies
	Children’s aid society
	Designation
	34 (1) The Minister may designate an agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions of a society set out in subsection 35 (1).
	Conditions on designation
	(2) For any or all of the functions of a society set out in subsection 35 (1), the Minister may impose conditions on the designation and may at any time amend or remove the conditions or impose new ones.
	Amendment of designation
	(3) The Minister may at any time amend a designation to provide that the society is no longer designated for a particular function or functions set out in subsection 35 (1) or to alter the society’s territorial jurisdiction.
	Society deemed to be a local board
	(4) A society is deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the Municipal Conflict of Interest Act.
	Not Crown agents
	(5) A society and its members, officers, employees and agents are not agents of the Crown in right of Ontario and shall not hold themselves out as such.
	No Crown liability
	(6) No action or other proceeding shall be instituted against the Crown in right of Ontario for any act or omission of a society or its members, officers, employees or agents.
	Functions
	35 (1) The functions of a children’s aid society are to,
	(a) investigate allegations or evidence that children may be in need of protection;
	(b) protect children where necessary;
	(c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;
	(d) provide care for children assigned or committed to its care under this Act;
	(e) supervise children assigned to its supervision under this Act;
	(f) place children for adoption under Part VIII (Adoption and Adoption Licensing); and
	(g) perform any other duties given to it by this Act or the regulations or any other Act.
	Prescribed standards, etc.
	(2) A society shall,
	(a) provide the prescribed standard of services in its performance of its functions; and
	(b) follow the prescribed procedures and practices.
	Governance matters
	First Nations, Inuit or Métis representatives on board
	36 (1) A society that provides services to First Nations, Inuit or Métis children and families shall have the prescribed number of First Nations, Inuit or Métis representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms.
	Employee may not sit on board
	(2) An employee of a society shall not be a member of the society’s board.
	By-laws
	(3) The by-laws of a society shall include any provisions that are prescribed.
	No personal liability
	37 No action shall be instituted against a member of the board of directors or an officer or employee of a society for any act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in good faith in the execution of that duty.
	Appointment of local director
	38 Every society shall appoint a local director with the prescribed qualifications, powers and duties.
	Designation of places of safety
	39 For the purposes of Part V (Child Protection), a local director may designate a place as a place of safety and may designate a class of places as places of safety.
	Funding and Accountability Agreements
	Funding
	Payments by Minister
	40 (1) The Minister shall pay to every society, out of money appropriated for the purpose by the Legislature, an amount determined in accordance with the regulations.
	Manner of payment
	(2) An amount payable to a society under subsection (1), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister.
	Accountability agreement
	41 (1) Every society shall enter into an accountability agreement with the Minister as a condition of receiving funding.
	Term
	(2) The term of an accountability agreement shall be for at least one of the Ministry’s fiscal years but may be for a longer term specified by the Minister.
	Board approval
	(3) The society’s board of directors shall approve the accountability agreement before the society enters into the agreement.
	Content
	(4) An accountability agreement must include a requirement that the society operate within its approved budget allocation and any other prescribed terms.
	If no agreement
	(5) If the Minister and a society cannot agree on the terms of an accountability agreement by a date determined by the Minister, the Minister may set the terms of the agreement.
	Directives and Compliance Orders (Societies)
	Directives by Minister
	42 (1) The Minister may issue directives to societies, including directives with respect to financial and administrative matters and the performance of their functions under subsection 35 (1).
	Binding
	(2) A society shall comply with every directive issued to it under this section.
	General or particular
	(3) A directive may be general or particular in its application.
	Law prevails
	(4) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails.
	Public availability
	(5) The Minister shall make every directive under this section available to the public.
	Non-application of Legislation Act, 2006
	(6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section.
	Compliance order
	Grounds
	43 (1) A Director may make an order under subsection (2) if the Director believes on reasonable grounds that a society has failed to comply with,
	(a) this Act or the regulations;
	(b) a condition imposed on the society’s designation under subsection 34 (2);
	(c) an accountability agreement entered into under section 41; or
	(d) a directive issued under section 42.
	Order
	(2) For the purposes of subsection (1), a Director may issue an order to the society that requires either or both of the following:
	1. That the society do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order.
	2. That the society prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance.
	Compliance required
	(3) A society served with an order under this section shall comply with the order within the time specified in it.
	Public availability
	(4) The Minister,
	(a) may make orders under this section available to the public; and
	(b) shall make a summary of each order under this section available to the public in accordance with the regulations.
	Minister’s Powers
	Powers of Minister
	Grounds
	44 (1) The Minister may exercise a power set out in subsection (3) if,
	(a) a society has failed to comply with a compliance order made under section 43 within the time specified in it; or
	(b) the Minister considers it to be in the public interest to do so.
	Public interest
	(2) In considering the public interest under clause (1) (b), the Minister may consider any matter the Minister regards as relevant including,
	(a) the quality of the financial and operational management of the society;
	(b) the society’s capabilities with respect to its corporate governance; and
	(c) the quality of services provided by the society.
	Powers
	(3) For the purposes of subsection (1), the Minister may do one or more of the following:
	1. Order that the society cease a particular activity or take other corrective action within the time specified in the order.
	2. Impose or amend conditions on the society’s designation under subsection 34 (1).
	3. Suspend, amend or revoke the designation of the society.
	4. Appoint members of the society’s board of directors if,
	i. there are vacancies on the board, or
	ii. there are no vacancies, but the appointment is for the purposes of designating that member as chair of the board under paragraph 7.
	5. Remove members of the board and appoint others in their place.
	6. Designate a chair of the board, if the office of chair is vacant.
	7. Designate another chair of the board in place of the current chair.
	8. Appoint a supervisor to operate and manage the affairs and activities of the society.
	Notice of proposal
	(4) If the Minister proposes to act under subsection (3), the Minister shall give written notice of the proposal and reasons for it to the society.
	Immediate action
	(5) Subsection (4) does not apply if,
	(a) in the Minister’s opinion, the society has, by its conduct, acquiesced to the Minister’s proposal;
	(b) the society has consented to the proposal; or
	(c) there are not enough members on the board to form a quorum.
	Right to respond
	(6) A society that receives notice under subsection (4) may make written submissions to the Minister within 14 days after receipt of the notice or within a different time period specified in the notice.
	Minister’s decision
	(7) After considering a written submission from the society or, if no submission is received, after the time period under subsection (6) has expired, the Minister may carry out the proposal and shall give written notice of the decision and reasons for it to the society.
	Decision final
	(8) The Minister’s decision is final.
	Provisional action
	(9) Despite subsection (4), the Minister may provisionally exercise any of the powers set out in subsection (3) where, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to the public interest or to a person’s health, safety or well-being.
	Notice
	(10) The Minister shall give written notice of the provisional exercise of the power and reasons for it to the society.
	Decision final
	(11) The Minister’s decision to provisionally exercise the power is final.
	Appointments to board, etc.
	Members
	45 (1) If the Minister appoints members of a society’s board of directors under paragraph 4 or 5 of subsection 44 (3), the following rules apply:
	1. The Minister shall ensure that the members do not constitute a majority of the number of members required to be on the board.
	2. The members shall be appointed at the pleasure of the Minister for a period that does not exceed two years.
	3. The members may serve as appointed members for no more than two consecutive years.
	4. The members shall have the same rights and responsibilities as the members of the board that have been elected.
	Chair
	(2) If the Minister designates a chair of the board of directors under paragraph 6 or 7 of subsection 44 (3), the following rules apply:
	1. The chair may be designated from among the members of the board, including any members appointed by the Minister under paragraph 4 or 5 of subsection 44 (3).
	2. The chair shall be designated at the pleasure of the Minister for a period that does not exceed two years.
	3. The chair may serve as chair for no more than two consecutive years.
	4. In the case of a designation under paragraph 7 of subsection 44 (3), the former chair may remain a member of the board.
	Appointment of supervisor
	46 (1) This section applies if a supervisor is appointed to operate and manage the affairs and activities of a society under paragraph 8 of subsection 44 (3).
	Term of appointment
	(2) The appointment of a supervisor is valid for a period not exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period at any time.
	Powers and duties of supervisor
	(3) Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the society and its members, directors, Executive Director and officers.
	Same
	(4) The Minister may, in the appointment, specify the supervisor’s powers and duties and the conditions governing them.
	Examples of powers and duties
	(5) Without limiting the generality of subsection (4), the supervisor’s powers and duties may include the following:
	1. Carrying on the society’s affairs and activities.
	2. Entering into contracts on the society’s behalf.
	3. Arranging for bank accounts to be opened in the society’s name.
	4. Authorizing persons to sign financial and other documents on the society’s behalf.
	5. Hiring or dismissing employees of the society.
	6. Making, amending or revoking the society’s by-laws.
	7. Executing and filing documents on the society’s behalf, including applications under the Corporations Act and notices and returns under the Corporations Information Act.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, paragraph 7 of subsection 46 (5) of the Act is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 14, Sched. 3, s. 1)
	Continued powers and duties of society, etc.
	(6) If, under the appointment, the society or its members, directors, Executive Director or officers continue to have any powers or duties during the supervisor’s appointment, any exercise of that power or performance of that duty by the society or its members, directors, Executive Director or officers during that time is valid only if approved by the supervisor in writing.
	Assistance
	(7) The supervisor may apply to the Superior Court of Justice for an order directing a peace officer to assist the supervisor in occupying the premises of a society.
	Report to Minister
	(8) The supervisor shall report to the Minister as the Minister requires.
	Minister’s directions
	(9) The Minister may issue directions to the supervisor with regard to any matter within the supervisor’s jurisdiction, and the supervisor shall carry them out.
	No proceedings against Crown
	(10) No proceeding, other than a proceeding referred to in subsection (12), shall be commenced against the Crown or the Minister with respect to the appointment of the supervisor or any act of the supervisor done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power.
	No personal liability
	(11) No action or other proceeding shall be instituted against the supervisor for any act done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power.
	Crown liability
	(12) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (11) of this section does not relieve the Crown of liability to which the Crown would otherwise be subject in respect of a tort committed by a supervisor. 2017, c. 14, Sched. 1, s. 46 (12); 2019, c. 7, Sched. 17, s. 44 (1).
	Effect on board
	(13) On the appointment of a supervisor, the members of the society’s board cease to hold office, unless the appointment provides otherwise.
	Same
	(14) During the term of the supervisor’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the appointment provides otherwise.
	No personal liability
	(15) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the supervisor after the member’s removal under subsection (13) or while the member’s powers are suspended under subsection (14).
	Section Amendments with date in force (d/m/y)
	Restructuring
	Amalgamation by societies
	Amalgamation proposal
	47 (1) Two or more societies that are proposing to amalgamate and continue as one society shall submit an amalgamation proposal to the Minister containing the information and in the form specified by the Minister.
	Minister approval of proposal
	(2) The Minister may amend the amalgamation proposal and may approve it in whole or in part.
	Amalgamation agreement
	(3) The societies shall not enter into an agreement to amalgamate under subsection 113 (2) of the Corporations Act until they have received the Minister’s approval of the amalgamation proposal under subsection (2). The amalgamation agreement must be consistent with the amalgamation proposal.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, subsection 47 (3) of the Act is amended by striking out “subsection 113 (2) of the Corporations Act” and substituting “subsection 110 (2) of the Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 14, Sched. 3, s. 2 (1))
	Minister approval of amalgamation application
	(4) The societies shall not apply to amalgamate under subsection 113 (4) of the Corporations Act until the application has first received the approval of the Minister.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, subsection 47 (4) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 2 (2))
	Minister approval of articles of amalgamation
	(4) The societies shall not file articles of amalgamation under section 112 of the Not-for-Profit Corporations Act, 2010 until the articles have first received the approval of the Minister. 2017, c. 14, Sched. 3, s. 2 (2).
	Minister’s directions
	(5) The Minister may, at any time, issue directions to the societies with regard to the proposed amalgamation, including requiring that a society provide information or documents to the Minister, and the society shall comply with the directions.
	Section Amendments with date in force (d/m/y)
	Restructuring by Minister’s order
	48 (1) If the Minister considers it to be in the public interest, including to enhance the efficiency, effectiveness and consistency of services, the Minister may order a society to do any of the following on or after the date set out in the order:
	1. To amalgamate with one or more other societies.
	2. To transfer all or any part of its operations to one or more other societies.
	3. To cease operating, to dissolve or to wind up its operations.
	4. To do anything or refrain from doing anything in order for the society to achieve anything under paragraphs 1 to 3.
	Minister’s directions
	(2) The Minister may, in the order, include directions to provide the following to the Minister within the time set out in the order:
	1. A plan to implement the order, including with respect to the transfer of assets, liabilities, rights and obligations, and of employees.
	2. A timeline according to which the order will be implemented.
	3. A proposed budget for implementation of the order.
	4. Information about the status of the implementation of the order.
	5. In the case of an order made under paragraph 1 of subsection (1), an amalgamation agreement for the Minister’s approval.
	6. Information with respect to any other matter specified by the Minister.
	Notice of proposed order
	(3) If the Minister proposes to make an order under subsection (1), the Minister shall give written notice of the proposed order and any directions contained in the order, and reasons for them, to each affected society.
	Notice to employees and bargaining agents
	(4) Each society that receives a notice under subsection (3) shall give a copy of the notice to affected employees and their bargaining agents.
	Right to respond re directions
	(5) A society may make written submissions to the Minister within 30 days after receipt of the notice or within a different time period specified in the notice.  The written submissions may be with respect to any directions contained in the order, but not with respect to the order itself.
	Minister’s decision re directions
	(6) After considering a written submission from the society or, if no submission is received, after the time period under subsection (5) has expired, the Minister may confirm, revoke or amend the directions contained in the order.
	Notice of order
	(7) The Minister shall give a copy of the order to each affected society.
	Duty of society
	(8) Each society that receives an order under subsection (7) shall,
	(a) give notice of the order to affected employees and their bargaining agents and to other persons or entities whose contracts are affected by the order; and
	(b) make the order available to the public.
	Additional changes
	(9) The Minister may, at any time, revoke or amend an order made under this section, including any directions contained in the order.  If the Minister does so, subsections (3) to (8) apply with necessary modifications.
	Compliance
	(10) A society that is the subject of an order under this section shall comply with it.
	Corporate powers
	(11) A society that is the subject of an order under this section is deemed to have the necessary powers to comply with the order, despite any of the following:
	1. Any Act or regulation.
	2. Any other instrument related to the corporate governance of a society, including the Corporations Act or any letters patent, supplementary letters patent or by-laws.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, paragraph 2 of subsection 48 (11) of the Act is amended by striking out “the Corporations Act or any letters patent, supplementary letters patent or by-laws” at the end and substituting “the Not-for-Profit Corporations Act, 2010 or any articles or by-laws”. (See: 2017, c. 14, Sched. 3, s. 3 (1))
	Non-application of Legislation Act, 2006
	(12) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under this section.
	Minister approval of amalgamation agreement
	(13) When a society provides an amalgamation agreement to the Minister in accordance with directions given under paragraph 5 of subsection (2), the Minister may amend the agreement and may approve it in whole or in part.
	Minister approval of amalgamation application
	(14) A society shall not apply to amalgamate under subsection 113 (4) of the Corporations Act until the application has first received the approval of the Minister.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, subsection 48 (14) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 3 (2))
	Minister approval of articles of amalgamation
	(14) A society shall not file articles of amalgamation under section 112 of the Not-for-Profit Corporations Act, 2010 until the articles have first received the approval of the Minister. 2017, c. 14, Sched. 3, s. 3 (2).
	Section Amendments with date in force (d/m/y)
	Appointment of supervisor for restructuring
	49 (1) The Minister may appoint a supervisor to implement or facilitate the implementation of an order made under section 48 if,
	(a) an affected society has failed to comply with the order; or
	(b) in the Minister’s opinion, there is undue delay, lack of progress or disagreement between or among affected parties that is preventing or is likely to prevent an affected society from complying with the order.
	Application of other provisions
	(2) If the Minister proposes to appoint a supervisor under subsection (1), subsections 44 (4) to (8) and subsections 46 (2) to (15) apply with necessary modifications.
	Board compliance
	(3) The members of an affected society’s board of directors shall comply with decisions of a supervisor appointed under subsection (1) to facilitate the implementation of an order made under section 48 with regard to matters within the supervisor’s jurisdiction.
	Conflict with Corporations Act, etc.
	50 In the event of a conflict between sections 44 to 49 and any of the following, sections 44 to 49 prevail:
	1. The Corporations Act or regulations made under that Act.
	2. A society’s letters patent, supplementary letters patent or by-laws.
	Note: On the first day that section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are both in force, section 50 of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 4)
	Conflict with society’s articles or by-laws
	50 In the event of a conflict between sections 44 to 49 and a society’s articles or by-laws, sections 44 to 49 prevail. 2017, c. 14, Sched. 3, s. 4.
	Section Amendments with date in force (d/m/y)
	Transfer of property held for charitable purpose
	51 (1) If an order made under section 48 directs a society to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred are deemed to be gifts, trusts, bequests, devises and grants of property to the transferee.
	Specified purpose
	(2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose.
	Application
	(3) Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force.
	No compensation
	52 (1) Despite any other Act, no person or entity, including a society, is entitled to any compensation for any loss or damages arising from any direct or indirect action that the Minister or a supervisor appointed under section 44 or 49 takes under this Act, including making an order under section 48.
	Same, transfer of property
	(2) Despite any other Act, no person or entity, including a society, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under an order made under section 48.
	No expropriation
	(3) Nothing in this Part and nothing done or not done in accordance with this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
	Appointments and Delegations
	Directors and program supervisors
	Appointment of Director
	53 (1) The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations.
	Appointment of program supervisor
	(2) The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations.
	Limitations, etc., on appointments
	(3) The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject.
	Remuneration and expenses
	(4) The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister and shall be paid out of money appropriated for the purpose by the Legislature.
	Duties of Director with respect to societies
	54 (1) A Director shall exercise the powers and perform the duties of a society in any area in which no society is functioning.
	Powers of local director
	(2) In exercising the powers and performing the duties of a society under subsection (1), a Director has all the powers of a local director.
	Delegation by Minister
	55 (1) Where, under this Act, a power is given to or a duty is imposed on the Minister, a Director, a program supervisor or an employee in the Ministry, the Minister may delegate that power or duty to any other person or class of persons.
	Conditions, etc.
	(2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it.
	Deeds and contracts
	(3) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under this section.
	Reports and Information
	Reports and information to Minister
	56 Every service provider and lead agency shall,
	(a) make the prescribed reports and provide the prescribed information, including personal information, to the Minister, in the prescribed form and at the prescribed intervals; and
	(b) make a report and provide information, including personal information, to the Minister whenever the Minister requests it.
	Reports and information to prescribed entities
	57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.
	Information available to the public
	58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner.
	Program Supervisor Inspections
	Inspection by program supervisor without a warrant
	59 (1) For the purpose of determining compliance with this Act, the regulations and the directives issued under this Act, a program supervisor may, at any reasonable time and without a warrant or notice, enter the following premises in order to conduct an inspection:
	1. Premises where a service is provided under this Act.
	2. Premises where a lead agency’s function referred to in subsection 30 (5) is performed.
	3. Business premises of a service provider.
	4. Business premises of a lead agency.
	Limitation, dwelling
	(2) The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier.
	Identification
	(3) A program supervisor conducting an inspection shall, upon request, produce proper identification.
	Application of other provisions
	(4) Sections 276 (powers on inspection) and 279 (admissibility of certain documents) apply with necessary modifications with respect to an inspection conducted under this section.
	Inspection by program supervisor with a warrant
	60 (1) A program supervisor may, without notice, apply to a justice for a warrant under this section.
	Issuance of warrant
	(2) A justice may issue a warrant authorizing a program supervisor named in the warrant to enter the premises specified in the warrant and to exercise any of the powers mentioned in subsection 276 (1), if the justice is satisfied on information under oath or affirmation,
	(a) that the premises is a premises described in subsection 59 (1);
	(b) in the case of a premises that is not used as a dwelling,
	(i) that the program supervisor has been prevented from exercising a right of entry to the premises under section 59 or a power under subsection 276 (1), or
	(ii) that there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises under section 58 or a power under subsection 276 (1); and
	(c) in the case of a premises that is used as a dwelling,
	(i) that,
	(A) the program supervisor believes on reasonable grounds that a service being provided, or the manner of providing it, is causing harm or is likely to cause harm to a person’s health, safety or well-being as a result of non-compliance with this Act, the regulations or the directives issued under this Act, and
	(B) it is necessary for the program supervisor to exercise the powers mentioned in subsection 276 (1) in order to inspect the service or the manner of providing it, or
	(ii) that a ground exists that is prescribed for the purposes of this subclause.
	Expert help
	(3) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the program supervisor in the execution of the warrant.
	Expiry of warrant
	(4) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued.
	Extension of time
	(5) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the program supervisor named in the warrant.
	Use of force
	(6) A program supervisor named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a peace officer for assistance in executing the warrant.
	Time of execution
	(7) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise.
	Other matters
	(8) Subsections 276 (2) to (7) and section 279 apply with necessary modifications with respect to the exercise of powers referred to in subsection (2) under a warrant issued under this section.
	Definition
	(9) In this section,
	“justice” means a provincial judge or a justice of the peace.
	Inspection report
	61 (1) After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to,
	(a) a Director;
	(b) the service provider or lead agency; and
	(c) any other prescribed person.
	All non-compliance to be documented
	(2) If a program supervisor finds that a service provider or lead agency has not complied with a requirement of this Act, the regulations or a directive issued under this Act, the program supervisor shall document the non-compliance in the inspection report.
	Review by Residential Placement Advisory Committee
	Definitions
	62 In sections 63 to 66,
	“advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“comité consultatif”)
	“institution” means,
	(a) a children’s residence, other than a maternity home, operated by the Minister or under the authority of a licence issued under Part IX (Residential Licensing) in which residential care can be provided to 10 or more children at a time, or
	(b) a building, group of buildings or part of a building, designated by a Director, in which residential care can be provided to 10 or more children at a time; (“foyer”)
	“residential placement” does not include,
	(a) a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice),
	(b) commitment to a secure treatment program under Part VII (Extraordinary Measures), or
	(c) a placement with a person who is neither a service provider nor a foster parent; (“placement en établissement”)
	“special need” means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. (“besoin particulier”)
	Residential placement advisory committees
	63 (1) The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee.
	Composition
	(2) Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include,
	(a) persons engaged in providing services;
	(b) other persons who have demonstrated an informed concern for the welfare of children;
	(c) one representative of the Ministry; and
	(d) if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community.
	Payments to members, hiring of staff
	(3) The Minister may pay allowances and reasonable travelling expenses to the members of an advisory committee, and may authorize an advisory committee to hire support staff.
	Duties of advisory committee
	(4) An advisory committee has a duty to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential care and alternatives to residential care, to conduct reviews under section 64 and to name persons for the purpose of subsection 75 (11) (contact with child under temporary care agreement), and has such further duties as are prescribed.
	Reports to Minister
	(5) An advisory committee shall make a report of its activities to the Minister annually and at any other time requested by the Minister.
	Review by advisory committee
	Mandatory review
	64 (1) An advisory committee shall review,
	(a) every residential placement in an institution of a child who resides within the advisory committee’s jurisdiction, if the residential placement is intended to last or actually lasts 90 days or more,
	(i) as soon as possible, but no later than 45 days after the day on which the child is placed in the institution,
	(ii) unless the residential placement is reviewed under subclause (i), within 12 months of the establishment of the advisory committee or within such longer period as the Minister allows, and
	(iii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i) or (ii);
	(b) every residential placement of a child who objects to the residential placement and resides within the advisory committee’s jurisdiction,
	(i) within the week immediately following the day that is 14 days after the child is placed, and
	(ii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i); and
	(c) an existing or proposed residential placement of a child that the Minister refers to the advisory committee, within 30 days of the referral.
	Discretionary review
	(2) An advisory committee may at any time review or re-review, on a person’s request or on its own initiative, an existing or proposed residential placement of a child who resides within the advisory committee’s jurisdiction.
	Review to be informal, etc.
	(3) An advisory committee shall conduct a review under this section in an informal manner and in the absence of the public, and in the course of the review may,
	(a) interview the child, members of the child’s family and any representatives of the child and family;
	(b) interview persons engaged in providing services and other persons who may have an interest in the matter or may have information that would assist the advisory committee;
	(c) examine documents and reports that are presented to the committee; and
	(d) examine records relating to the child and members of the child’s family that are disclosed to the committee.
	Service providers to assist advisory committee
	(4) At an advisory committee’s request, a service provider shall assist and co-operate with the advisory committee in its conduct of a review.
	Matters to be considered
	(5) In conducting a review, an advisory committee shall,
	(a) consider whether the child has a special need;
	(b) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity;
	(c) consider what programs are available for the child in the residential placement or proposed residential placement, and whether a program available to the child is likely to benefit the child;
	(d) consider whether the residential placement or proposed residential placement is appropriate for the child in the circumstances;
	(e) if it considers that a less restrictive alternative to the residential placement would be more appropriate for the child in the circumstances, specify that alternative;
	(f) consider the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity; and
	(g) in the case of a First Nations, Inuk or Métis child, also consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community.
	Advisory committee’s recommendations
	Persons to be advised
	65 (1) An advisory committee that conducts a review shall advise the following persons of its recommendations as soon as the review has been completed:
	1. The service provider.
	2. Any representative of the child.
	3. The child’s parent or, where the child is in a society’s lawful custody, the society.
	4. The child, in language suitable to the child’s understanding.
	5. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2, 3 and 4 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Child to be advised of right to review by Board of residential placement
	(2) An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66.
	Report to Minister
	(3) An advisory committee that conducts a review shall, within 30 days of completing the review, make a report of its findings and recommendations to the Minister.
	Recommendation for less restrictive service
	(4) Where an advisory committee considers that the provision of a less restrictive service to a child would be more appropriate for the child than the residential placement, the advisory committee shall recommend in its report under subsection (3) that the less restrictive service be provided to the child.
	Review by Board
	Child may request review
	66 (1) A child who is in a residential placement to which the child objects may apply to the Board for a determination of where the child should remain or be placed, if the residential placement has been reviewed by an advisory committee under section 64 and,
	(a) the child is dissatisfied with the advisory committee’s recommendations; or
	(b) the advisory committee’s recommendations are not followed.
	Board to conduct review
	(2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing.
	Notice to child of hearing
	(3) The Board shall advise the child whether it intends to hold a hearing or not within 10 days of receiving the child’s application.
	Parties
	(4) The parties to a hearing under this section are,
	(a) the child;
	(b) the child’s parent or, where the child is in a society’s lawful custody, the society;
	(c) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a) and (b) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and
	(d) any other persons that the Board specifies.
	Time for determination
	(5) The Board shall complete its review and make a determination within 30 days of receiving a child’s application, unless,
	(a) the Board holds a hearing with respect to the application; and
	(b) the parties consent to a longer period for the Board’s determination.
	Board’s order
	(6) After conducting a review under subsection (2), the Board may,
	(a) order that the child be transferred to another residential placement, if the Board is satisfied that the other residential placement is available;
	(b) order that the child be discharged from the residential placement; or
	(c) confirm the existing residential placement.
	Offences
	Offences
	67 (1) A person or entity is guilty of an offence if the person or entity,
	(a) contravenes section 56 (reports and information);
	(b) contravenes section 57 (reports and information to prescribed entities);
	(c) contravenes section 58 (information available to public);
	(d) knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations.
	Penalty
	(2) A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000.
	Offence — obstruction of program supervisor
	(3) A person is guilty of an offence if the person hinders, obstructs or interferes with a program supervisor conducting an inspection under this Part, or otherwise impedes a program supervisor in exercising the powers or performing the duties of a program supervisor under this Part.
	Penalty
	(4) A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000.
	Limitation
	(5) A proceeding in respect of an offence under subsection (1) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director or program supervisor.
	Directors, officers and employees
	(6) If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence.
	PART IV
	FIRST NATIONS, INUIT AND MÉTIS CHILD AND FAMILY SERVICES
	Regulations listing First Nations, Inuit and Métis communities
	68 (1) The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act.
	More than one community
	(2) A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community.
	Consent of representatives
	(3) Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.
	Agreements with bands and First Nations, Inuit or Métis communities
	69 The Minister may, for the provision of services,
	(a) make agreements with bands and First Nations, Inuit or Métis communities and with any other parties whom the bands or communities choose to involve; and
	(b) provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.
	Designation of child and family service authority
	70 (1) A band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority.
	Agreements, etc.
	(2) Where a band or First Nations, Inuit or Métis community has designated a First Nations, Inuit or Métis child and family service authority, the Minister,
	(a) shall, at the band’s or community’s request, enter into negotiations for the provision of services by the child and family service authority;
	(b) may enter into agreements with the child and family service authority and, if the band or community agrees, any other person, for the provision of services; and
	(c) may designate the child and family service authority, with its consent, as a society under subsection 34 (1).
	Subsidy for customary care
	71 If a band or First Nations, Inuit or Métis community declares that a First Nations, Inuk or Métis child is being cared for under customary care, a society or entity may grant a subsidy to the person caring for the child.
	Consultation with bands and First Nations, Inuit or Métis communities
	72 A society, person or entity that provides services or exercises powers under this Act with respect to First Nations, Inuit or Métis children or young persons shall regularly consult with their bands and First Nations, Inuit or Métis communities about the provision of the services or the exercise of the powers and about matters affecting the children or young persons, including,
	(a) bringing children to a place of safety and the placement of children in residential care;
	(b) the provision of family support services;
	(c) the preparation of plans for the care of children;
	(d) status reviews under Part V (Child Protection);
	(e) temporary care agreements under Part V (Child Protection);
	(f) society agreements with 16 and 17 year olds under Part V (Child Protection);
	(g) adoption placements;
	(h) the establishment of emergency houses; and
	(i) any other matter that is prescribed.
	Consultation in specified cases
	73 A society, person or entity that proposes to provide a prescribed service to a First Nations, Inuk or Métis child or young person, or to exercise a prescribed power under this Act in relation to such a child or young person, shall consult with a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities in accordance with the regulations.
	PART V
	CHILD PROTECTION
	Interpretation
	Interpretation
	Definitions
	74 (1) In this Part,
	“child protection worker” means a Director, a local director or a person who meets the prescribed requirements and who is authorized by a Director or local director for the purposes of section 81 (commencing child protection proceedings) and for other prescribed purposes; (“préposé à la protection de l’enfance”)
	“extra-provincial child protection order” means a temporary or final order made by a court of another province or a territory of Canada, or of a prescribed jurisdiction outside Canada if it meets prescribed conditions, pursuant to child welfare legislation of that province, territory or other jurisdiction, placing a child into the care and custody of a child welfare authority or other person named in the order; (“ordonnance extraprovinciale de protection d’un enfant”)
	“parent”, when used in reference to a child, means each of the following persons, but does not include a foster parent:
	1. A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act.
	2. In the case of a child conceived through sexual intercourse, an individual described in one of paragraphs 1 to 5 of subsection 7 (2) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that the sperm used to conceive the child did not come from the individual.
	3. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.
	4. In the case of an adopted child, a parent of the child as provided for under section 217 or 218.
	5. An individual who has lawful custody of the child.
	6. An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support.
	7. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.
	8. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (“parent”)
	“place of safety” means a foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director or local director under section 39, but does not include a place of temporary detention, of open custody or of secure custody; (“lieu sûr”) 2017, c. 14, Sched. 1, s. 74 (1).
	Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, section 74 of the Act is amended by adding the following subsection: (See: 2021, c. 21, Sched. 3, s. 1 (1))
	Child sex trafficking
	(1.1) A child is subjected to child sex trafficking for the purposes of this Part where another person does any of the following for the purposes of sexually exploiting the child:
	1. Recruits, transports, transfers, receives, holds, conceals or harbours the child.
	2. Exercises control, direction or influence over the movements of the child. 2021, c. 21, Sched. 3, s. 1 (1).
	Child in need of protection
	(2) A child is in need of protection where,
	(a) the child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person’s,
	(i) failure to adequately care for, provide for, supervise or protect the child, or
	(ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
	(b) there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,
	(i) failure to adequately care for, provide for, supervise or protect the child, or
	(ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
	(c) the child has been sexually abused or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual abuse or sexual exploitation and fails to protect the child;
	(d) there is a risk that the child is likely to be sexually abused or sexually exploited as described in clause (c);
	Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 74 (2) of the Act is amended by adding the following clauses: (See: 2021, c. 21, Sched. 3, s. 1 (2))
	(d.1) the child has been sexually exploited as a result of being subjected to child sex trafficking;
	(d.2) there is a risk that the child is likely to be sexually exploited as a result of being subjected to child sex trafficking;
	(e) the child requires treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996 and the parent is a substitute decision-maker for the child, the parent refuses or is unavailable or unable to consent to the treatment on the child’s behalf;
	(f) the child has suffered emotional harm, demonstrated by serious,
	(i) anxiety,
	(ii) depression,
	(iii) withdrawal,
	(iv) self-destructive or aggressive behaviour, or
	(v) delayed development,
	and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;
	(g) the child has suffered emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the harm;
	(h) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;
	(i) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and that the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment to prevent the harm;
	(j) the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide treatment or access to treatment, or where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the condition;
	(k) the child’s parent has died or is unavailable to exercise the rights of custody over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody;
	(l) the child is younger than 12 and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment;
	(m) the child is younger than 12 and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately;
	(n) the child’s parent is unable to care for the child and the child is brought before the court with the parent’s consent and, where the child is 12 or older, with the child’s consent, for the matter to be dealt with under this Part; or
	(o) the child is 16 or 17 and a prescribed circumstance or condition exists. 2017, c. 14, Sched. 1, s. 74 (2); 2020, c. 25, Sched. 1, s. 26 (1).
	Best interests of child
	(3) Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall,
	(a) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained;
	(b) in the case of a First Nations, Inuk or Métis child, consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community, in addition to the considerations under clauses (a) and (c); and
	(c) consider any other circumstance of the case that the person considers relevant, including,
	(i) the child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs,
	(ii) the child’s physical, mental and emotional level of development,
	(iii) the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression,
	(iv) the child’s cultural and linguistic heritage,
	(v) the importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family,
	(vi) the child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community,
	(vii) the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity,
	(viii) the merits of a plan for the child’s care proposed by a society, including a proposal that the child be placed for adoption or adopted, compared with the merits of the child remaining with or returning to a parent,
	(ix) the effects on the child of delay in the disposition of the case,
	(x) the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent, and
	(xi) the degree of risk, if any, that justified the finding that the child is in need of protection. 2017, c. 14, Sched. 1, s. 74 (3).
	Place of safety
	(4) For the purposes of the definition of “place of safety” in subsection (1), a person’s home is a place of safety for a child if,
	(a) the person is a relative of the child or a member of the child’s extended family or community; and
	(b) a society or, in the case of a First Nations, Inuk or Métis child, a society or a child and family service authority, has conducted an assessment of the person’s home in accordance with the prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child. 2017, c. 14, Sched. 1, s. 74 (4).
	Definition, child and family service authority
	(5) In subsection (4),
	“child and family service authority” means a First Nations, Inuit or Métis child and family service authority designated under section 70. 2017, c. 14, Sched. 1, s. 74 (5).
	Section Amendments with date in force (d/m/y)
	Voluntary Agreements
	Temporary care agreement
	75 (1) A person who is temporarily unable to care adequately for a child in the person’s custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child.
	Older child to be party to agreement
	(2) No temporary care agreement shall be made in respect of a child who is 12 or older unless the child is a party to the agreement.
	Exception: developmental disability
	(3) Subsection (2) does not apply where it has been determined on the basis of an assessment not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability.
	Duty of society
	(4) A society shall not make a temporary care agreement unless the society,
	(a) has determined that an appropriate residential placement that is likely to benefit the child is available; and
	(b) is satisfied that no course of action less disruptive to the child, such as care in the child’s own home, is able to adequately protect the child.
	Term of agreement limited
	(5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed 12 months.
	Time limit
	(6) No temporary care agreement shall be made or extended so as to result in a child being in a society’s care and custody, for a period exceeding,
	(a) 12 months, if the child is younger than 6 on the day the agreement is entered into or extended; or
	(b) 24 months, if the child is 6 or older on the day the agreement is entered into or extended.
	Calculating time in care
	(7) The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (6):
	1. An interim society care order made under paragraph 2 of subsection 101 (1).
	2. A temporary care agreement under subsection (1) of this section.
	3. A temporary order made under clause 94 (2) (d).
	Previous periods to be counted
	(8) The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (7) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody.
	Authority to consent to medical treatment may be transferred
	(9) A temporary care agreement may provide that, where the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society is entitled to act in the place of a parent in providing consent to treatment on the child’s behalf.
	Contents of temporary care agreement
	(10) A temporary care agreement shall include the following:
	1. A statement by all the parties to the agreement that the child’s care and custody are transferred to the society.
	2. A statement by all the parties to the agreement that the child’s placement is voluntary.
	3. A statement, by the person referred to in subsection (1), that the person is temporarily unable to care for the child adequately and has discussed with the society alternatives to residential placement of the child.
	4. An undertaking by the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care.
	5. If it is not possible for the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care, the person’s designation of another person who is willing to do so.
	6. The name of the individual who is the primary contact between the society and the person referred to in subsection (1).
	7. Such other provisions as are prescribed.
	Designation by advisory committee
	(11) Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 of subsection (10) or designate another person under paragraph 5 of subsection (10), a residential placement advisory committee established under subsection 63 (1) that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care.
	Variation of agreement
	(12) The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it.
	Agreement expires at 18
	(13) No temporary care agreement shall continue beyond the 18th birthday of the person who is its subject.
	Notice of termination of agreement
	76 (1) A party to a temporary care agreement may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.
	When notice takes effect
	(2) Where notice is given under subsection (1), the agreement terminates on the expiry of five days, or such longer period not exceeding 21 days as the agreement specifies, after the day on which every other party has actually received the notice.
	Society response to notice of termination
	(3) Where notice of a wish to terminate a temporary care agreement is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2),
	(a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;
	(b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part  to determine whether the child would be in need of protection in that case; or
	(c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).
	Expiry of agreement
	(4) Where a temporary care agreement expires or is about to expire and is not extended, the society shall, before the agreement expires or as soon as practicable thereafter, but in any event within 21 days after the agreement expires,
	(a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;
	(b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part to determine whether the child would be in need of protection in that case; or
	(c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).
	Society agreements with 16 and 17 year olds
	77 (1) The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where,
	(a) the society has jurisdiction where the child resides;
	(b) the society has determined that the child is or may be in need of protection;
	(c) the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and
	(d) the child wants to enter into the agreement.
	Term of agreement
	(2) The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months.
	Previous or current involvement with society not a bar to agreement
	(3) A child may enter into an agreement under this section regardless of any previous or current involvement with a society, and without regard to any time during which the child has been in a society’s care pursuant to an agreement made under section 75 (1) or pursuant to an order made under clause 94 (2) (d) or paragraph 2 or 3 of subsection 101 (1).
	Notice of termination of agreement
	(4) A party to an agreement made under this section may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.
	Agreement expires at 18
	(5) No agreement made under this section shall continue beyond the 18th birthday of the person who is its subject.
	Current agreements and orders must be terminated first
	(6) Despite subsection (3), an agreement may not come into force under this section until any temporary care agreement under section 75 or order for the care or supervision of a child under this Part is terminated.
	Representation by Children’s Lawyer
	(7) The Children’s Lawyer may provide legal representation to the child entering into an agreement under this section if, in the opinion of the Children’s Lawyer, such legal representation is appropriate.
	Note: On October 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section before the heading “Legal Representation”: (See: 2021, c. 21, Sched. 3, s. 2)
	Removal to Offer Voluntary Services
	Removal to offer services, children 16 or 17
	77.1 (1) A child protection worker or a peace officer may bring a child who is 16 or 17 to another location for up to 12 hours for the purpose of offering services and supports to the child, including the possibility of entering into an agreement under section 77, if the child protection worker or the peace officer has reasonable and probable grounds to believe that the child is in need of protection within the meaning of clause 74 (2) (d.1) and that,
	(a) the child has suffered physical harm inflicted by a person involved in subjecting the child to child sex trafficking or received threats of physical harm by such a person;
	(b) the child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being provided with alcohol or such controlled substances by another person in order to facilitate the sexual exploitation of the child;
	(c) the child has a disorder of emotional processes, thought or cognition, a developmental disability or a brain injury and the disorder, disability or injury significantly impairs the child’s capacity to make reasoned judgements regarding the circumstances surrounding their sexual exploitation;
	(d) the child does not have access to housing other than as provided by a person involved in subjecting the child to child sex trafficking;
	(e) the child’s finances are being controlled by a person involved in subjecting the child to child sex trafficking or such a person is threatening to control their finances;
	(f) the child’s personal effects or identification documents are under the control of a person involved in subjecting the child to child sex trafficking;
	(g) the child does not have Canadian citizenship and information about their immigration status is being used by another person in order to coerce the child into being sexually exploited; or
	(h) the child is otherwise unable to exercise mature and independent judgement regarding the circumstances of their sexual exploitation because the child is being coerced, manipulated or unduly influenced by a person involved in subjecting the child to child sex trafficking. 2021, c. 21, Sched. 3, s. 2.
	Police assistance
	(2) A child protection worker acting under this section may call for the assistance of a peace officer. 2021, c. 21, Sched. 3, s. 2.
	Use of mechanical restraints prohibited
	(3) A child protection worker or a peace officer shall not use or permit the use of mechanical restraints on a child when acting under this section. 2021, c. 21, Sched. 3, s. 2.
	Section Amendments with date in force (d/m/y)
	Legal Representation
	Legal representation of child
	78 (1) A child may have legal representation at any stage in a proceeding under this Part.
	Court to consider issue
	(2) Where a child does not have legal representation in a proceeding under this Part, the court,
	(a) shall, as soon as practicable after the commencement of the proceeding; and
	(b) may, at any later stage in the proceeding,
	determine whether legal representation is desirable to protect the child’s interests.
	Direction for legal representation
	(3) Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child.
	Criteria
	(4) Where,
	(a) the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be placed in interim or extended society care under paragraph 2 or 3 of subsection 101 (1);
	(b) the child is in the society’s care and,
	(i) no parent appears before the court, or
	(ii) it is alleged that the child is in need of protection within the meaning of clause 74 (2) (a), (c), (f), (g) or (j); or
	(c) the child is not permitted to be present at the hearing,
	legal representation is deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, that the child’s interests are otherwise adequately protected.
	Where parent a minor
	(5) Where a child’s parent is younger than 18, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise.
	Parties and Notice
	Parties
	79 (1) The following are parties to a proceeding under this Part:
	1. The applicant.
	2. The society having jurisdiction in the matter.
	3. The child’s parent.
	4. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2 and 3 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Director to be added
	(2) At any stage in a proceeding under this Part, the court shall add a Director as a party on the Director’s motion.
	Right to participate
	(3) Any person, including a foster parent, who has cared for the child continuously during the six months immediately before the hearing,
	(a) is entitled to the same notice of the proceeding as a party;
	(b) may be present at the hearing;
	(c) may be represented by a lawyer; and
	(d) may make submissions to the court,
	but shall take no further part in the hearing without leave of the court.
	Child 12 or older
	(4) A child 12 or older who is the subject of a proceeding under this Part is entitled to receive notice of the proceeding and to be present at the hearing, unless the court is satisfied that being present at the hearing would cause the child emotional harm and orders that the child not receive notice of the proceeding and not be permitted to be present at the hearing.
	Child younger than 12
	(5) A child younger than 12 who is the subject of a proceeding under this Part is not entitled to receive notice of the proceeding or to be present at the hearing unless the court is satisfied that the child,
	(a) is capable of understanding the hearing; and
	(b) will not suffer emotional harm by being present at the hearing,
	and orders that the child receive notice of the proceeding and be permitted to be present at the hearing.
	Child’s participation
	(6) A child who is the applicant under subsection 113 (4) or 115 (4) (status review), receives notice of a proceeding under this Part or has legal representation in a proceeding is entitled to participate in the proceeding and to appeal under section 121 as if the child were a party.
	Dispensing with notice
	(7) Where the court is satisfied that the time required for notice to a person might endanger the child’s health or safety, the court may dispense with notice to that person.
	Customary Care
	Customary care
	80 A society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child,
	(a) is in need of protection;
	(b) cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order; and
	(c) is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community.
	Commencing Child Protection Proceedings
	Warrants, orders, etc.
	Application
	81 (1) A society may apply to the court to determine whether a child is in need of protection.
	Warrant to bring child to place of safety
	(2) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that,
	(a) the child is younger than 16;
	(b) the child is in need of protection; and
	(c) a less restrictive course of action is not available or will not protect the child adequately.
	When warrant may not be refused
	(3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7).
	Order to produce child or bring child to place of safety
	(4) Where the court is satisfied, on a person’s application upon notice to a society, that there are reasonable and probable grounds to believe that,
	(a) a child is in need of protection, the matter has been reported to the society, the society has not made an application under subsection (1), and no child protection worker has sought a warrant under subsection (2) or brought the child to a place of safety under subsection (7); and
	(b) the child cannot be protected adequately otherwise than by being brought before the court,
	the court may order,
	(c) that the person having charge of the child produce the child before the court at the time and place named in the order for a hearing under subsection 90 (1) to determine whether the child is in need of protection; or
	(d) where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety.
	Child’s name, location not required
	(5) It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located.
	Authority to enter, etc.
	(6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.
	Bring child to place of safety without warrant
	(7) A child protection worker who believes on reasonable and probable grounds that,
	(a) a child is in need of protection;
	(b) the child is younger than 16; and
	(c) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 90 (1) or obtain a warrant under subsection (2),
	may without a warrant bring the child to a place of safety.
	Police assistance
	(8) A child protection worker acting under this section may call for the assistance of a peace officer.
	Consent to examine child
	(9) A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required.
	Right of entry, etc.
	(10) A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.
	Regulations re power of entry
	(11) A child protection worker authorized to enter premises under subsection (6) or (10) shall exercise the power of entry in accordance with the regulations.
	Peace officer has powers of child protection worker
	(12) Subsections (2), (6), (7), (10) and (11) apply to a peace officer as if the peace officer were a child protection worker.
	Protection from personal liability
	(13) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty.
	Exception, 16 and 17 year olds brought to place of safety with consent
	82 (1) A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents.
	Temporary or final supervision order
	(2) In this section,
	“temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a).
	Special Cases of Bringing Children to a Place of Safety
	Bringing children who are removed from or leave care to place of safety
	With warrant
	83 (1) A justice of the peace may issue a warrant authorizing a peace officer or a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or a child protection worker’s sworn information that,
	(a) the child is actually or apparently younger than 16, and,
	(i) has left or been removed from a society’s lawful care and custody without its consent, or
	(ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and
	(b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. 2017, c. 14, Sched. 1, s. 83 (1); 2019, c. 15, Sched. 5, s. 1.
	When warrant may not be refused
	(2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). 2017, c. 14, Sched. 1, s. 83 (2).
	No need to specify premises
	(3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. 2017, c. 14, Sched. 1, s. 83 (3).
	Without warrant
	(4) A peace officer or child protection worker may without a warrant bring the child to a place of safety if the peace officer or child protection worker believes on reasonable and probable grounds that,
	(a) the child is actually or apparently younger than 16, and,
	(i) has left or been removed from a society’s lawful care and custody without its consent, or
	(ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and
	(b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1). 2017, c. 14, Sched. 1, s. 83 (4).
	Section Amendments with date in force (d/m/y)
	Bringing child younger than 12 home or to place of safety
	84 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so,
	(a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or
	(b) where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person.
	Notice to parent, etc.
	(2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person.
	Where child not returned to parent, etc., within 12 hours
	(3) Where a child brought to a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (7) and not under subsection (1).
	Children who withdraw from parent’s care
	Warrant to bring child to a place of safety
	85 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that,
	(a) the child is younger than 16;
	(b) the child has withdrawn from the person’s care and control without the person’s consent; and
	(c) the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety.
	Child to be returned or brought to a place of safety
	(2) A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety.
	Notice to person with care, custody or control
	(3) The person in charge of a place of safety to which a child is brought under subsection (2) shall make reasonable efforts to notify the person with care and control of the child that the child is in the place of safety so that the child may be returned to that person.
	Where child not returned within 12 hours
	(4) Where a child brought to a place of safety under subsection (2) cannot be returned to the person with care and control of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (2) and not under subsection (1).
	Where custody enforcement proceedings more appropriate
	(5) A justice of the peace shall not issue a warrant under subsection (1) in respect of a child who has withdrawn from the care and control of a person where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate.
	No need to specify premises
	(6) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located.
	Child protection proceedings
	(7) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child brought to a place of safety under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the person with care and control of the child,
	(a) the peace officer or child protection worker may bring the child to a place of safety under subsection 81 (7); or
	(b) where the child has been brought to a place of safety under subsection (4), the child is deemed to have been brought there under subsection 81 (7).
	Authority to enter, etc.
	86 (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 83 (1) or 85 (1) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child
	Right of entry, etc.
	(2) A person authorized under subsection 83 (4) or 84 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.
	Regulations re power of entry
	(3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations.
	Police assistance
	(4) A child protection worker acting under section 83 or 85 may call for the assistance of a peace officer.
	Consent to examine child
	(5) Where subsection 84 (3) or 85 (4) applies to a child brought to a place of safety, a child protection worker may authorize the child’s medical examination where a parent’s consent would be otherwise required.
	Protection from personal liability
	(6) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 83, 84 or 85 or for an alleged neglect or default in the execution in good faith of that duty.
	Hearings and Orders
	Rules re hearings
	Definition
	87 (1) In this section,
	“media” means the press, radio and television media.
	Application
	(2) This section applies to hearings held under this Part, except hearings under section 134 (child abuse register).
	Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 87 (2) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 5)
	Application
	(2) This section applies to hearings held under this Part. 2017, c. 14, Sched. 3, s. 5.
	Hearings separate from criminal proceedings
	(3) A hearing shall be held separately from hearings in criminal proceedings.
	Hearings private unless court orders otherwise
	(4) A hearing shall be held in the absence of the public, subject to subsection (5), unless the court orders that the hearing be held in public after considering,
	(a) the wishes and interests of the parties; and
	(b) whether the presence of the public would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.
	Media representatives may attend
	(5) Media representatives chosen in accordance with subsection (6) may be present at a hearing that is held in the absence of the public, unless the court makes an order excluding them under subsection (7).
	Selection of media representatives
	(6) The media representatives who may be present at a hearing that is held in the absence of the public shall be chosen as follows:
	1. The media representatives in attendance shall choose not more than two persons from among themselves.
	2. Where the media representatives in attendance are unable to agree on a choice of persons, the court may choose not more than two media representatives who may be present at the hearing.
	3. The court may permit additional media representatives to be present at the hearing.
	Order excluding media representatives or prohibiting publication
	(7) Where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding, the court may make an order,
	(a) excluding a particular media representative from all or part of a hearing;
	(b) excluding all media representatives from all or a part of a hearing; or
	(c) prohibiting the publication of a report of the hearing or a specified part of the hearing.
	Prohibition re identifying child
	(8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.
	Prohibition re identifying person charged
	(9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.
	Transcript
	(10) No person except a party or a party’s lawyer shall be given a copy of a transcript of the hearing, unless the court orders otherwise.
	Section Amendments with date in force (d/m/y)
	Time in place of safety limited
	88 As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 81, subclause 83 (1) (a) (ii) or subsection 136 (5),
	(a) the matter shall be brought before a court for a hearing under subsection 90 (1) (child protection hearing);
	(b) the child shall be returned to the person who last had charge of the child or, where there is an order for the child’s custody that is enforceable in Ontario, to the person entitled to custody under the order;
	(c) if the child is the subject of an extra-provincial child protection order, the child shall be returned to the child welfare authority or other person named in the order;
	(d) a temporary care agreement shall be made under subsection 75 (1); or
	(e) an agreement shall be made under section 77 (agreements with 16 and 17 year olds).
	Time in place of safety limited, 16 or 17 year old
	89 As soon as practicable, but in any event within five days after a child who is 16 or 17 is brought to a place of safety with the child’s consent under section 82,
	(a) the matter shall be brought before a court for a hearing under subsection 90 (1); or
	(b) the child shall be returned to the person entitled to custody of the child under an order made under this Part.
	Child protection hearing
	90 (1) Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 101.
	Child’s name, age, etc.
	(2) As soon as practicable, and in any event before determining whether a child is in need of protection, the court shall determine,
	(a) the child’s name and age;
	(b) whether the child is a First Nations, Inuk or Métis child and, if so, the child’s bands and First Nations, Inuit or Métis communities; and
	(c) where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed.
	Territorial jurisdiction
	91 (1) In this section,
	“territorial jurisdiction” means a society’s territorial jurisdiction under subsection 34 (1).
	Place of hearing
	(2) A hearing under this Part with respect to a child shall be held in the territorial jurisdiction in which the child ordinarily resides, except that,
	(a) where the child is brought to a place of safety before the hearing, the hearing shall be held in the territorial jurisdiction in which the place from which the child was removed is located;
	(b) where the child is in interim society care under an order made under paragraph 2 or 4 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the hearing shall be held in the society’s territorial jurisdiction; and
	(c) where the child is the subject of an order for society supervision under paragraph 1 of subsection 101 (1) or clause 116 (1) (a), the hearing may be held in the society’s territorial jurisdiction or in the territorial jurisdiction in which the parent or other person with whom the child is placed resides.
	Transfer of proceeding
	(3) Where the court is satisfied at any stage of a proceeding under this Part that there is a preponderance of convenience in favour of conducting it in another territorial jurisdiction, the court may order that the proceeding be transferred to that other territorial jurisdiction and be continued as if it had been commenced there.
	Orders affecting society
	(4) The court shall not make an order placing a child in the care or under the supervision of a society unless the place where the court sits is within the society’s territorial jurisdiction.
	Power of court
	92 The court may, on its own initiative, summon a person to attend before it, testify and produce any document or thing, and may enforce obedience to the summons as if it had been made in a proceeding under the Family Law Act.
	Evidence
	Past conduct toward children
	93 (1) Despite anything in the Evidence Act, in any proceeding under this Part,
	(a) the court may consider the past conduct of a person toward any child if that person is caring for or has access to or may care for or have access to a child who is the subject of the proceeding; and
	(b) any oral or written statement or report that the court considers relevant to the proceeding, including a transcript, exhibit or finding or the reasons for a decision in an earlier civil or criminal proceeding, is admissible into evidence.
	Evidence re disposition and finding
	(2) In a hearing under subsection 90 (1), evidence relating only to the disposition of the matter shall not be considered in determining if the child is in need of protection.
	Adjournments
	94 (1) The court shall not adjourn a hearing for more than 30 days,
	(a) unless all the parties present and the person who will be caring for the child during the adjournment consent; or
	(b) if the court is aware that a party who is not present at the hearing objects to the longer adjournment.
	Custody during adjournment
	(2) Where a hearing is adjourned, the court shall make a temporary order for care and custody providing that the child,
	(a) remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part;
	(b) remain in or be returned to the care and custody of the person referred to in clause (a), subject to the society’s supervision and on such reasonable terms and conditions as the court considers appropriate;
	(c) be placed in the care and custody of a person other than the person referred to in clause (a), with the consent of that other person, subject to the society’s supervision and on such reasonable terms and conditions as the court considers appropriate; or
	(d) remain or be placed in the care and custody of the society, but not be placed in a place of temporary detention, of open or of secure custody.
	Where child is subject to extra-provincial order
	(3) Where a court makes an order under clause (2) (d) in the case of a child who is the subject of an extra-provincial child protection order the society may, during the period of the adjournment, return the child to the care and custody of the child welfare authority or other person named in the order.
	Criteria
	(4) The court shall not make an order under clause (2) (c) or (d) unless the court is satisfied that there are reasonable grounds to believe that there is a risk that the child is likely to suffer harm and that the child cannot be protected adequately by an order under clause (2) (a) or (b).
	Placement with relative, etc.
	(5) Before making a temporary order for care and custody under clause (2) (d), the court shall consider whether it is in the child’s best interests to make an order under clause (2) (c) to place the child in the care and custody of a person who is a relative of the child or a member of the child’s extended family or community.
	Terms and conditions in order
	(6) A temporary order for care and custody of a child under clause (2) (b) or (c) may impose,
	(a) reasonable terms and conditions relating to the child’s care and supervision;
	(b) reasonable terms and conditions on the child’s parent, the person who will have care and custody of the child under the order, the child and any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and
	(c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or to purchase any goods or services.
	Application of s. 107
	(7) Where the court makes an order under clause (2) (d), section 110 (child in interim society care) applies with necessary modifications.
	Access
	(8) An order made under clause (2) (c) or (d) may contain provisions regarding any person’s right of access to the child on such terms and conditions as the court considers appropriate.
	Power to vary
	(9) The court may at any time vary or terminate an order made under subsection (2).
	Evidence on adjournments
	(10) For the purpose of this section, the court may admit and act on evidence that the court considers credible and trustworthy in the circumstances.
	Child’s views and wishes
	(11) Before making an order under subsection (2), the court shall take into consideration the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained.
	Use of prescribed methods of alternative dispute resolution
	95 At any time during a proceeding under this Part, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceeding to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding.
	Delay: court to fix date
	96 Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether a child is in need of protection and the determination has not been made within three months after the commencement of the proceeding, the court,
	(a) shall by order fix a date for the hearing of the application, and the date may be the earliest date that is compatible with the just disposition of the application; and
	(b) may give such directions and make such orders with respect to the proceeding as are just.
	Reasons, etc.
	97 (1) Where the court makes an order under this Part, the court shall give,
	(a) a statement of any terms or conditions imposed on the order;
	(b) a statement of every plan for the child’s care proposed to the court;
	(c) a statement of the plan for the child’s care that the court is applying in its decision; and
	(d) reasons for its decision, including,
	(i) a brief statement of the evidence on which the court bases its decision, and
	(ii) where the order has the effect of removing or keeping the child from the care of the person who had charge of the child immediately before intervention under this Part, a statement of the reasons why the child cannot be adequately protected while in the person’s care.
	No requirement to identify person or place
	(2) Clause (1) (b) does not require the court to identify a person with whom or a place where it is proposed that a child be placed for care and supervision.
	Assessments
	Order for assessment
	98 (1) In the course of a proceeding under this Part, the court may order that one or more of the following persons undergo an assessment within a specified time by a person appointed in accordance with subsections (3) and (4):
	1. The child.
	2. A parent of the child.
	3. Any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child.
	Criteria for ordering assessment
	(2) An assessment may be ordered if the court is satisfied that,
	(a) an assessment of one or more of the persons specified in subsection (1) is necessary for the court to make a determination under this Part; and
	(b) the evidence sought from an assessment is not otherwise available to the court.
	Assessor selected by parties
	(3) An order under subsection (1) shall specify a time within which the parties to the proceeding may select a person to perform the assessment and submit the name of the selected person to the court.
	Appointment of person selected by parties
	(4) The court shall appoint the person selected by the parties to perform the assessment if the court is satisfied that the person meets the following criteria:
	1. The person is qualified to perform medical, emotional, developmental, psychological, educational or social assessments.
	2. The person has consented to perform the assessment.
	Appointment of a person not selected by parties
	(5) If the court is of the opinion that the person selected by the parties under subsection (3) does not meet the criteria set out in subsection (4), the court shall select and appoint another person who does meet the criteria.
	Regulations
	(6) An order under subsection (1) and the assessment required by that order shall comply with such requirements as may be prescribed.
	Report
	(7) The person performing an assessment under subsection (1) shall make a written report of the assessment to the court within the time specified in the order, which shall not be more than 30 days, unless the court is of the opinion that a longer assessment period is necessary.
	Copies of report
	(8) At least seven days before the court considers the report at a hearing, the court or, where the assessment was requested by a party, that party, shall provide a copy of the report to,
	(a) the person assessed, subject to subsections (9) and (10);
	(b) the child’s lawyer or agent;
	(c) a parent appearing at the hearing, or the parent’s lawyer;
	(d) the society caring for or supervising the child;
	(e) a Director, where the Director requests a copy;
	(f) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) (c), (d) and (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and
	(g) any other person who, in the opinion of the court, should receive a copy of the report for the purposes of the case.
	Child younger than 12
	(9) Where the person assessed is a child younger than 12, the child shall not receive a copy of the report unless the court considers it desirable that the child receive a copy of the report.
	Child 12 or older
	(10) Where the person assessed is a child 12 or older, the child shall receive a copy of the report, except that where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm, the court may withhold all or part of the report from the child.
	Conflict
	(11) Subsections (9) and (10) prevail despite anything in the Personal Health Information Protection Act, 2004.
	Assessment is evidence
	(12) The report of an assessment ordered under subsection (1) is evidence and is part of the court record of the proceeding.
	Inference from refusal
	(13) The court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under subsection (1).
	Report inadmissible
	(14) The report of an assessment ordered under subsection (1) is not admissible into evidence in any other proceeding except,
	(a) a proceeding under this Part, including an appeal under section 121;
	(b) a proceeding referred to in section 138;
	(c) a proceeding under Part VIII (Adoption and Adoption Licensing) respecting an application to make, vary or terminate an openness order; or
	(d) a proceeding under the Coroners Act,
	without the consent of the person or persons assessed. 2017, c. 14, Sched. 1, s. 98 (14); 2017, c. 34, Sched. 4, s. 1.
	Section Amendments with date in force (d/m/y)
	Consent order: special requirements
	99 Where a child is brought before the court on consent as described in clause 74 (2) (n), the court shall, before making an order under section 101 or 102 that would remove the child from the parent’s care and custody,
	(a) ask whether,
	(i) the society has offered the parent and child services that would enable the child to remain with the parent, and
	(ii) the parent and, where the child is 12 or older, the child, has consulted independent legal counsel in connection with the consent; and
	(b) be satisfied that,
	(i) the parent and, where the child is 12 or older, the child, understands the nature and consequences of the consent,
	(ii) every consent is voluntary, and
	(iii) the parent and, where the child is 12 or older, the child, consents to the order being sought.
	Society’s plan for child
	100 The court shall, before making an order under section 101, 102, 114 or 116, obtain and consider a plan for the child’s care prepared in writing by the society and including,
	(a) a description of the services to be provided to remedy the condition or situation on the basis of which the child was found to be in need of protection;
	(b) a statement of the criteria by which the society will determine when its care or supervision is no longer required;
	(c) an estimate of the time required to achieve the purpose of the society’s intervention;
	(d) where the society proposes to remove or has removed the child from a person’s care,
	(i) an explanation of why the child cannot be adequately protected while in the person’s care, and a description of any past efforts to do so, and
	(ii) a statement of what efforts, if any, are planned to maintain the child’s contact with the person;
	(e) where the society proposes to remove or has removed the child from a person’s care permanently, a description of the arrangements made or being made for the child’s long-term stable placement; and
	(f) a description of the arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.
	Order where child in need of protection
	101 (1) Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders or an order under section 102, in the child’s best interests:
	Supervision order
	1. That the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months.
	Interim society care
	2. That the child be placed in interim society care and custody for a specified period not exceeding 12 months.
	Extended society care
	3. That the child be placed in extended society care until the order is terminated under section 116 or expires under section 123.
	Consecutive orders of interim society care and supervision
	4. That the child be placed in interim society care and custody under paragraph 2 for a specified period and then be returned to a parent or another person under paragraph 1, for a period or periods not exceeding a total of 12 months.
	Court to inquire
	(2) In determining which order to make under subsection (1) or section 102, the court shall ask the parties what efforts the society or another person or entity has made to assist the child before intervention under this Part.
	Less disruptive alternatives preferred
	(3) The court shall not make an order removing the child from the care of the person who had charge of the child immediately before intervention under this Part unless the court is satisfied that alternatives that are less disruptive to the child, including non-residential care and the assistance referred to in subsection (2), would be inadequate to protect the child.
	Community placement to be considered
	(4) Where the court decides that it is necessary to remove the child from the care of the person who had charge of the child immediately before intervention under this Part, the court shall, before making an order under paragraph 2 or 3 of subsection (1), consider whether it is possible to place the child with a relative, neighbour or other member of the child’s community or extended family under paragraph 1 of subsection (1) with the consent of the relative or other person.
	First Nations, Inuk or Métis child
	(5) Where the child referred to in subsection (4) is a First Nations, Inuk or Métis child, unless there is a substantial reason for placing the child elsewhere, the court shall place the child with a member of the child’s extended family if it is possible or, if it is not possible,
	(a) in the case of a First Nations child, another First Nations family;
	(b) in the case of an Inuk child, another Inuit family; or
	(c) in the case of a Métis child, another Métis family.
	Further hearing with notice for orders for interim or extended society care
	(6) When the court has dispensed with notice to a person under subsection 79 (7), the court shall not make an order for interim society care under paragraph 2 of subsection (1) for a period exceeding 30 days or an order for extended society care under paragraph 3 of subsection (1) until a further hearing under subsection 90 (1) has been held upon notice to that person.
	Terms and conditions of supervision order
	(7) If the court makes a supervision order under paragraph 1 of subsection (1), the court may impose,
	(a) reasonable terms and conditions relating to the child’s care and supervision;
	(b) reasonable terms and conditions on,
	(i) the child’s parent,
	(ii) the person who will have care and custody of the child under the order,
	(iii) the child, and
	(iv) any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child; and
	(c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services.
	Order for child to remain or return to person who had charge before intervention
	(8) Where the court finds that a child is in need of protection but is not satisfied that a court order is necessary to protect the child in the future, the court shall order that the child remain with or be returned to the person who had charge of the child immediately before intervention under this Part.
	No order where child not subject to parental control
	(9) Where the court finds that a child who was not subject to parental control immediately before intervention under this Part by virtue of having withdrawn from parental control or who withdraws from parental control after intervention under this Part is in need of protection, but is not satisfied that a court order is necessary to protect the child in the future, the court shall make no order in respect of the child.
	Custody order
	102 (1) Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 101 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons. 2017, c. 14, Sched. 1, s. 102 (1).
	Deemed to be order under s. 28 Children’s Law Reform Act
	(2) An order made under subsection (1) and any access order under section 104 that is made at the same time as the order under subsection (1) is deemed to be a parenting order or contact order, as the case may be, made under section 28 of the Children’s Law Reform Act and the court,
	(a) may make any order under subsection (1) that the court may make under section 28 of that Act; and
	(b) may give any directions that it may give under section 34 of that Act. 2017, c. 14, Sched. 1, s. 102 (2); 2020, c. 25, Sched. 1, s. 26 (2).
	Restraining order
	(3) When making an order under subsection (1), the court may, without a separate application, make a restraining order in accordance with section 35 of the Children’s Law Reform Act. 2017, c. 14, Sched. 1, s. 102 (3).
	Deemed to be final order under s. 35 Children’s Law Reform Act
	(4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section. 2017, c. 14, Sched. 1, s. 102 (4).
	Appeal under s. 121
	(5) Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 104 that is made at the same time as an order under subsection (1) are orders under this Part for the purposes of appealing from the orders under section 121. 2017, c. 14, Sched. 1, s. 102 (5).
	Conflict of laws
	(6) No order shall be made under this section if,
	(a) an order granting decision-making responsibility with respect to the child has been made under the Divorce Act (Canada); or
	(b) in the case of an order that would be made by the Ontario Court of Justice, the order would conflict with an order made by a superior court. 2017, c. 14, Sched. 1, s. 102 (6); 2020, c. 25, Sched. 1, s. 26 (3).
	Application of s. 101 (3)
	(7) Subsection 101 (3) applies for the purposes of this section.
	Section Amendments with date in force (d/m/y)
	Proceedings under Children’s Law Reform Act
	103 If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding under the Children’s Law Reform Act respecting decision-making responsibility, parenting time or contact with respect to the same child is stayed, except by leave of the court in the proceeding under that Act. 2020, c. 25, Sched. 1, s. 26 (4).
	Section Amendments with date in force (d/m/y)
	Access
	Access order
	104 (1) The court may, in the child’s best interests,
	(a) when making an order under this Part; or
	(b) upon an application under subsection (2),
	make, vary or terminate an order respecting a person’s access to the child or the child’s access to a person, and may impose such terms and conditions on the order as the court considers appropriate.
	Who may apply
	(2) Where a child is in a society’s care and custody or supervision, the following may apply to the court at any time for an order under subsection (1):
	1. The child.
	2. Any other person, including a sibling of the child and, in the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	3. The society.
	Notice
	(3) An applicant referred to in paragraph 2 of subsection (2) shall give notice of the application to the society.
	Society to give notice of application
	(4) A society making or receiving an application under subsection (2) shall give notice of the application to,
	(a) the child, subject to subsections 79 (4) and (5) (notice to child);
	(b) the child’s parent;
	(c) the person caring for the child at the time of the application; and
	(d) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) and (c) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Child older than 16
	(5) No order respecting access to a person 16 or older shall be made under subsection (1) without the person’s consent.
	Six-month period
	(6) No application shall be made under subsection (2) by a person other than a society within six months of,
	(a) the making of an order under section 101;
	(b) the disposition of a previous application by the same person under subsection (2);
	(c) the disposition of an application under section 113 or 115; or
	(d) the final disposition or abandonment of an appeal from an order referred to in clause (a), (b) or (c),
	whichever is later.
	No application where child placed for adoption
	(7) No person or society shall make an application under subsection (2) where the child,
	(a) is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c);
	(b) has been placed in a person’s home by the society or by a Director for the purpose of adoption under Part VIII (Adoption and Adoption Licensing); and
	(c) still resides in that person’s home.
	Access: where child removed from person in charge
	105 (1) Where an order is made under paragraph 1 or 2 of subsection 101 (1) removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact with the person would not be in the child’s best interests.
	Access after custody order under s. 102
	(2) If a custody order is made under section 102 removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact will not be in the child’s best interests.
	Access after supervision order or custody order under s. 116 (1)
	(3) If an order is made for supervision under clause 116 (1) (a) or for custody under clause 116 (1) (b), the court shall make an order for access by every person who had access before the application for the order was made under section 115, unless the court is satisfied that continued contact will not be in the child’s best interests.
	Existing access order terminated if order made for extended society care
	(4) Where the court makes an order that a child be in extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), any order for access made under this Part with respect to the child is terminated.
	When court may order access to child in extended society care
	(5) A court shall not make or vary an access order under section 104 with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) unless the court is satisfied that the order or variation would be in the child’s best interests.
	Additional considerations for best interests test
	(6) The court shall consider, as part of its determination of whether an order or variation would be in the child’s best interests under subsection (5),
	(a) whether the relationship between the person and the child is beneficial and meaningful to the child; and
	(b) if the court considers it relevant, whether the ordered access will impair the child’s future opportunities for adoption.
	Court to specify access holders and access recipients
	(7) Where a court makes or varies an access order under section 104 with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the court shall specify,
	(a) every person who has been granted a right of access; and
	(b) every person with respect to whom access has been granted.
	When court to terminate access to child in extended society care
	(8) The court shall terminate an access order with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) if the order is no longer in the best interests of the child as determined under subsection (6).
	Society may permit contact or communication
	(9) If a society believes that contact or communication between a person and a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) is in the best interests of the child and no openness order under Part VIII (Adoption and Adoption Licensing) or access order is in effect with respect to the person and the child, the society may permit contact or communication between the person and the child.
	Review of access order made concurrently with custody order
	106 No order for access under section 104 is subject to review under this Act if it is made at the same time as a custody order under section 102, but it may be the subject of an application under section 21 of the Children’s Law Reform Act and the provisions of that Act apply as if the order had been made under that Act.
	Restriction on access order
	107 If a society has applied to a court for an order under this Act respecting access to a child by a parent of the child and the court makes the order, the court shall specify in the order the supervision to which the access is subject if, at the time of making the order, the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child, unless the court considers it appropriate not to make the access subject to such supervision.
	Payment Orders
	Order for payment by parent
	108 (1) Where the court places a child in the care of,
	(a) a society; or
	(b) a person other than the child’s parent, subject to a society’s supervision,
	the court may order a parent or a parent’s estate to pay the society a specified amount at specified intervals for each day the child is in the society’s care or supervision.
	Criteria
	(2) In making an order under subsection (1), the court shall consider those of the following circumstances of the case that the court considers relevant:
	1. The assets and means of the child and of the parent or the parent’s estate.
	2. The child’s capacity to provide for their own support.
	3. The capacity of the parent or the parent’s estate to provide support.
	4. The child’s and the parent’s age and physical and mental health.
	5. The child’s mental, emotional and physical needs.
	6. Any legal obligation of the parent or the parent’s estate to provide support for another person.
	7. The child’s aptitude for and reasonable prospects of obtaining an education.
	8. Any legal right of the child to support from another source, other than out of public money.
	Order ends at 18
	(3) No order made under subsection (1) shall extend beyond the day on which the child turns 18.
	Power to vary
	(4) The court may vary, suspend or terminate an order made under subsection (1) where the court is satisfied that the circumstances of the child or parent have changed.
	Collection by municipality
	(5) The council of a municipality may enter into an agreement with the board of directors of a society providing for the collection by the municipality, on the society’s behalf, of the amounts ordered to be paid by a parent under subsection (1).
	Enforcement
	(6) An order made against a parent under subsection (1) may be enforced as if it were an order for support made under Part III of the Family Law Act.
	Interim and Extended Society Care
	Placement of children
	109 (1) This section applies where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c).
	Placement
	(2) The society having care of a child shall choose a residential placement for the child that,
	(a) represents the least restrictive alternative for the child;
	(b) where possible, respects the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, creed, sex, sexual orientation, gender identity and gender expression;
	(c) where possible, respects the child’s cultural and linguistic heritage;
	(d) in the case of a First Nations, Inuk or Métis child, is with, if possible, a member of the child’s extended family or, if that is not possible,
	(i) in the case of a First Nations child, another First Nations family,
	(ii) in the case of an Inuk child, another Inuit family, or
	(iii) in the case of a Métis child, another Métis family; and
	(e) takes into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, and the views and wishes of any parent who is entitled to access to the child.
	Education
	(3) The society having care of a child shall ensure that the child receives an education that corresponds to the child’s aptitudes and abilities.
	Placement outside or removal from Ontario
	(4) The society having care of a child shall not place the child outside Ontario or permit a person to remove the child from Ontario permanently unless a Director is satisfied that extraordinary circumstances justify the placement or removal.
	Rights of child, parent and foster parent
	(5) The society having care of a child shall ensure that,
	(a) the child is afforded all the rights referred to in Part II (Children’s and Young Persons’ Rights); and
	(b) the wishes of any parent who is entitled to access to the child and, where the child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), of any foster parent with whom the child has lived continuously for two years are taken into account in the society’s major decisions concerning the child.
	Change of placement
	(6) The society having care of a child may remove the child from a foster home or other residential placement where, in the opinion of a Director or local director, it is in the child’s best interests to do so.
	Notice of proposed removal
	(7) If a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall,
	(a) give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (8); and
	(b) in the case of a First Nations, Inuk or Métis child, give the notice required by clause (a), and
	(i) give at least 10 days notice in writing of the proposed removal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities, and
	(ii) after the notice is given under subclause (i), consult with representatives chosen by the bands and communities relating to the plan of care for the child.
	Application for review
	(8) A foster parent who receives a notice under clause (7) (a) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the proposed removal.
	Board hearing
	(9) Upon receipt of an application by a foster parent for a review of a proposed removal, the Board shall hold a hearing under this section.
	First Nations, Inuk or Métis child
	(10) Upon receipt of an application for review of a proposed removal of a First Nations, Inuk or Métis child, the Board shall also give notice of receipt of the application and of the date of the hearing to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Practices and procedures
	(11) The Statutory Powers Procedure Act applies to a hearing under this section and the Board shall comply with such additional practices and procedures as may be prescribed.
	Composition of Board
	(12) At a hearing under this section, the Board shall be composed of members with the prescribed qualifications and prescribed experience.
	Parties
	(13) The following persons are parties to a hearing under this section:
	1. The applicant.
	2. The society.
	3. If the child is a First Nations, Inuk or Métis child, the persons described in paragraphs 1 and 2 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	4. Any person that the Board adds under subsection (14).
	Additional parties
	(14) The Board may add a person as a party to a review if, in the Board’s opinion, it is necessary to do so in order to decide all the issues in the review.
	Board decision
	(15) The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm the proposal to remove the child or direct the society not to carry out the proposed removal, and shall give written reasons for its decision.
	No removal before decision
	(16) Subject to subsection (17), the society shall not carry out the proposed removal of the child unless,
	(a) the time for applying for a review of the proposed removal under subsection (8) has expired and an application is not made; or
	(b) if an application for a review of the proposed removal is made under subsection (8), the Board has confirmed the proposed removal under subsection (15).
	Where child at risk
	(17) A society may remove the child from the foster home before the expiry of the time for applying for a review under subsection (8) or at any time after the application for a review is made if, in the opinion of a local director, there is a risk that the child is likely to suffer harm during the time necessary for a review by the Board.
	Review of certain placements
	(18) Sections 63, 64, 65 and 66 (review by residential placement advisory committee, further review by the Board) apply with necessary modifications to a residential placement made by a society under this section.
	Definition
	(19) In this section,
	“residential placement” has the same meaning as in section 62.
	Child in interim society care
	110 (1) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the society has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control.
	Consent to treatment — society or parent may act
	(2) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child, unless the court orders that the parent shall retain the authority under that Act to give or refuse consent to treatment on behalf of the incapable child.
	Exception
	(3) The court shall not make an order under subsection (2) where failure to consent to necessary treatment was a ground for finding that the child was in need of protection.
	Court may authorize society to act re consent to treatment
	(4) Where a parent referred to in an order made under subsection (2) refuses or is unavailable or unable to consent to treatment for the incapable child and the court is satisfied that the treatment would be in the child’s best interests, the court may authorize the society to act in the place of a parent in providing consent to the treatment on the child’s behalf.
	Consent to child’s marriage
	(5) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the child’s parent retains any right that the parent may have under the Marriage Act to give or refuse consent to the child’s marriage.
	Child in extended society care
	111 (1) Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the Crown has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control, and the Crown’s powers, duties and obligations in respect of the child, except those assigned to a Director by this Act or the regulations, shall be exercised and performed by the society caring for the child.
	Consent to treatment — society may act
	(2) Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child.
	Society’s obligation to pursue family relationship for child in extended society care
	112 Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the society shall make all reasonable efforts to assist the child to develop a positive, secure and enduring relationship within a family through one of the following:
	1. An adoption.
	2. A custody order under subsection 116 (1).
	3. In the case of a First Nations, Inuk or Métis child,
	i. a plan for customary care,
	ii. an adoption, or
	iii. a custody order under subsection 116 (1).
	Review
	Status review
	113 (1) This section applies where a child is the subject of an order made under paragraph 1 or 4 of subsection 101 (1) for society supervision or under paragraph 2 of subsection 101 (1) for interim society care.
	Society to seek status review
	(2) The society having care, custody or supervision of a child,
	(a) may apply to the court at any time 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, unless the expiry is by reason of section 123; 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 from the care of a person with whom the child was placed under an order for society supervision.
	Application of subs. (2) (a) and (c)
	(3) If a child is the subject of an order for society supervision, clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district in which the parent or other person with whom the child is placed resides.
	Others may seek status review
	(4) An application for review of a child’s status may be made on notice to the society by,
	(a) the child, if the child is at least 12;
	(b) a parent of the child;
	(c) the person with whom the child was placed under an order for society supervision; or
	(d) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b) or (c) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
	Notice
	(5) 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 79 (4) or (5);
	(b) the child’s parent;		(b) the child’s parent;
Line 4,759:		Line 1,163:
	==References==		==References==
	<ref name="CYFSA"><i>Child, Youth and Family Services Act, 2017,</i> S.O. 2017, c. 14, Sched. 1, retrieved on 2021-10-01</ref>		<ref name="CYFSA"><i>Child, Youth and Family Services Act,</i> S.O. 2017, c. 14, Sched. 1, retrieved on 2021-10-01</ref>

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Revision as of 22:34, 1 October 2021