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| <ref name="CYFSA">, Reports and information to prescribed entities
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| 57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.
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| Information available to the public
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| 58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner.
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| Program Supervisor Inspections
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| Inspection by program supervisor without a warrant
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| 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:
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| 1. Premises where a service is provided under this Act.
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| 2. Premises where a lead agency’s function referred to in subsection 30 (5) is performed.
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| 3. Business premises of a service provider.
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| 4. Business premises of a lead agency.
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| Limitation, dwelling
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| (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.
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| Identification
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| (3) A program supervisor conducting an inspection shall, upon request, produce proper identification.
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| Application of other provisions
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| (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.
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| Inspection by program supervisor with a warrant
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| 60 (1) A program supervisor may, without notice, apply to a justice for a warrant under this section.
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| Issuance of warrant
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| (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,
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| (a) that the premises is a premises described in subsection 59 (1);
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| (b) in the case of a premises that is not used as a dwelling,
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| (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
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| (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
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| (c) in the case of a premises that is used as a dwelling,
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| (i) that,
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| (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
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| (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
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| (ii) that a ground exists that is prescribed for the purposes of this subclause.
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| Expert help
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| (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.
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| Expiry of warrant
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| (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.
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| Extension of time
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| (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.
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| Use of force
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| (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.
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| Time of execution
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| (7) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise.
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| Other matters
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| (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.
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| Definition
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| (9) In this section,
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| “justice” means a provincial judge or a justice of the peace.
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| Inspection report
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| 61 (1) After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to,
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| (a) a Director;
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| (b) the service provider or lead agency; and
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| (c) any other prescribed person.
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| All non-compliance to be documented
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| (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.
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| Review by Residential Placement Advisory Committee
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| Definitions
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| 62 In sections 63 to 66,
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| “advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“comité consultatif”)
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| “institution” means,
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| (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
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| (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”)
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| “residential placement” does not include,
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| (a) a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice),
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| (b) commitment to a secure treatment program under Part VII (Extraordinary Measures), or
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| (c) a placement with a person who is neither a service provider nor a foster parent; (“placement en établissement”)
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| “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”)
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| Residential placement advisory committees
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| 63 (1) The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee.
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| Composition
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| (2) Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include,
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| (a) persons engaged in providing services;
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|
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| (b) other persons who have demonstrated an informed concern for the welfare of children;
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| (c) one representative of the Ministry; and
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| (d) if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community.
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| Payments to members, hiring of staff
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| (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.
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| Duties of advisory committee
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| (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.
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| Reports to Minister
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| (5) An advisory committee shall make a report of its activities to the Minister annually and at any other time requested by the Minister.
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| Review by advisory committee
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| Mandatory review
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| 64 (1) An advisory committee shall review,
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| (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,
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| (i) as soon as possible, but no later than 45 days after the day on which the child is placed in the institution,
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| (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
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| (iii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i) or (ii);
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| (b) every residential placement of a child who objects to the residential placement and resides within the advisory committee’s jurisdiction,
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| (i) within the week immediately following the day that is 14 days after the child is placed, and
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| (ii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i); and
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| (c) an existing or proposed residential placement of a child that the Minister refers to the advisory committee, within 30 days of the referral.
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| Discretionary review
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| (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.
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| Review to be informal, etc.
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| (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,
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| (a) interview the child, members of the child’s family and any representatives of the child and family;
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| (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;
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| (c) examine documents and reports that are presented to the committee; and
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| (d) examine records relating to the child and members of the child’s family that are disclosed to the committee.
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| Service providers to assist advisory committee
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| (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.
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| Matters to be considered
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| (5) In conducting a review, an advisory committee shall,
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| (a) consider whether the child has a special need;
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| (b) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity;
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| (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;
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| (d) consider whether the residential placement or proposed residential placement is appropriate for the child in the circumstances;
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| (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;
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| (f) consider the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity; and
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| (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.
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| Advisory committee’s recommendations
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| Persons to be advised
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| 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:
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| 1. The service provider.
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| 2. Any representative of the child.
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| 3. The child’s parent or, where the child is in a society’s lawful custody, the society.
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| 4. The child, in language suitable to the child’s understanding.
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| 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.
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| Child to be advised of right to review by Board of residential placement
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| (2) An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66.
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| Report to Minister
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| (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.
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| Recommendation for less restrictive service
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| (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.
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| Review by Board
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| Child may request review
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| 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,
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| (a) the child is dissatisfied with the advisory committee’s recommendations; or
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| (b) the advisory committee’s recommendations are not followed.
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| Board to conduct review
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| (2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing.
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| Notice to child of hearing
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| (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.
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| Parties
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| (4) The parties to a hearing under this section are,
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| (a) the child;
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| (b) the child’s parent or, where the child is in a society’s lawful custody, the society;
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| (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
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| (d) any other persons that the Board specifies.
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| Time for determination
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| (5) The Board shall complete its review and make a determination within 30 days of receiving a child’s application, unless,
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| (a) the Board holds a hearing with respect to the application; and
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| (b) the parties consent to a longer period for the Board’s determination.
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| Board’s order
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| (6) After conducting a review under subsection (2), the Board may,
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| (a) order that the child be transferred to another residential placement, if the Board is satisfied that the other residential placement is available;
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| (b) order that the child be discharged from the residential placement; or
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| (c) confirm the existing residential placement.
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| Offences
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| Offences
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| 67 (1) A person or entity is guilty of an offence if the person or entity,
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| (a) contravenes section 56 (reports and information);
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| (b) contravenes section 57 (reports and information to prescribed entities);
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| (c) contravenes section 58 (information available to public);
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| (d) knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations.
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| Penalty
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| (2) A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000.
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| Offence — obstruction of program supervisor
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| (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.
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| Penalty
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| (4) A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000.
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| Limitation
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| (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.
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| Directors, officers and employees
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| (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.
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| PART IV
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| FIRST NATIONS, INUIT AND MÉTIS CHILD AND FAMILY SERVICES
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| Regulations listing First Nations, Inuit and Métis communities
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| 68 (1) The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act.
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| More than one community
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| (2) A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community.
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| Consent of representatives
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| (3) Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.
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| Agreements with bands and First Nations, Inuit or Métis communities
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| 69 The Minister may, for the provision of services,
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| (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
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| (b) provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.
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| Designation of child and family service authority
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| 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.
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| Agreements, etc.
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| (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,
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| (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;
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| (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
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| (c) may designate the child and family service authority, with its consent, as a society under subsection 34 (1).
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| Subsidy for customary care
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| 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.
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| Consultation with bands and First Nations, Inuit or Métis communities
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| 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,
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| (a) bringing children to a place of safety and the placement of children in residential care;
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| (b) the provision of family support services;
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| (c) the preparation of plans for the care of children;
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| (d) status reviews under Part V (Child Protection);
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| (e) temporary care agreements under Part V (Child Protection);
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| (f) society agreements with 16 and 17 year olds under Part V (Child Protection);
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| (g) adoption placements;
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| (h) the establishment of emergency houses; and
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| (i) any other matter that is prescribed.
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| Consultation in specified cases
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| 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.
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| PART V
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| CHILD PROTECTION
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| Interpretation
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| Interpretation
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| Definitions
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| 74 (1) In this Part,
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| “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”)
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| “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”)
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|
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| “parent”, when used in reference to a child, means each of the following persons, but does not include a foster parent:
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| 1. A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act.
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| 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.
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| 3. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.
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| 4. In the case of an adopted child, a parent of the child as provided for under section 217 or 218.
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| 5. An individual who has lawful custody of the child.
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| 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.
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| 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.
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| 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”)
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|
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| “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).
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| 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))
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| Child sex trafficking
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| (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:
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| 1. Recruits, transports, transfers, receives, holds, conceals or harbours the child.
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| 2. Exercises control, direction or influence over the movements of the child. 2021, c. 21, Sched. 3, s. 1 (1).
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| Child in need of protection
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| (2) A child is in need of protection where,
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| (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,
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| (i) failure to adequately care for, provide for, supervise or protect the child, or
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| (ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
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| (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,
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| (i) failure to adequately care for, provide for, supervise or protect the child, or
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| (ii) pattern of neglect in caring for, providing for, supervising or protecting the child;
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| (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;
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| (d) there is a risk that the child is likely to be sexually abused or sexually exploited as described in clause (c);
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| 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))
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| (d.1) the child has been sexually exploited as a result of being subjected to child sex trafficking;
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| (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;
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| (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;
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| (f) the child has suffered emotional harm, demonstrated by serious,
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| (i) anxiety,
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| (ii) depression,
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| (iii) withdrawal,
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| (iv) self-destructive or aggressive behaviour, or
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| (v) delayed development,
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| 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
| |
|
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| (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.
| |
|
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| 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).
| |
|
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| 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).
| |
|
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| 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.
| |
|
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| 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.
| |
|
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| 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.
| |
|
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| 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.
| |
|
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| as otherwise provided under subsection 79 (4) or (5);
| |
|
| |
| (b) the child’s parent;
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|
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| (c) the person with whom the child was placed under an order for society supervision;
| |
|
| |
| (d) any foster parent who has cared for the child continuously during the six months immediately before the application; and
| |
|
| |
| (e) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b), (c) and (d) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
| |
|
| |
| Six-month period
| |
| (6) No application shall be made under subsection (4) within six months after the latest of,
| |
|
| |
| (a) the day the original order was made under subsection 101 (1);
| |
|
| |
| (b) the day the last application by a person under subsection (4) was disposed of; or
| |
|
| |
| (c) the day any appeal from an order referred to in clause (a) or the disposition referred to in clause (b) was finally disposed of or abandoned.
| |
|
| |
| Exception
| |
| (7) Subsection (6) does not apply if the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.
| |
|
| |
| Interim care and custody
| |
| (8) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.
| |
|
| |
| Court may vary, etc.
| |
| 114 Where an application for review of a child’s status is made under section 113, the court may, in the child’s best interests,
| |
|
| |
| (a) vary or terminate the original order made under subsection 101 (1), including a term or condition or a provision for access that is part of the order;
| |
|
| |
| (b) order that the original order terminate on a specified future date;
| |
|
| |
| (c) make a further order or orders under section 101; or
| |
|
| |
| (d) make an order under section 102.
| |
|
| |
| Status review for children in, or formerly in, extended society care
| |
| 115 (1) This section applies where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), or is subject to an order for society supervision made under clause 116 (1) (a) or for custody made under clause 116 (1) (b).
| |
|
| |
| Society to seek status review
| |
| (2) The society that has or had care, custody or supervision of the child,
| |
|
| |
| (a) may apply to the court at any time, subject to subsection (9), for a review of the child’s status;
| |
|
| |
| (b) shall apply to the court for a review of the child’s status before the order expires if the order is for society supervision, unless the expiry is by reason of 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,
| |
|
| |
| (i) from the care of a person with whom the child was placed under an order for society supervision described in clause 116 (1) (a), or
| |
|
| |
| (ii) from the custody of a person who had custody of the child under a custody order described in clause 116 (1) (b).
| |
|
| |
| Application of subs. (2) (a) and (c)
| |
| (3) Clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district,
| |
|
| |
| (a) in which the parent or other person with whom the child is placed resides, if the child is the subject of an order for society supervision under clause 116 (1) (a); or
| |
|
| |
| (b) in which the person who has custody resides, if the child is the subject of a custody order under clause 116 (1) (b).
| |
|
| |
| Others may seek status review
| |
| (4) An application for review of a child’s status under this section may be made on notice to the society by,
| |
|
| |
| (a) the child, if the child is at least 12;
| |
|
| |
| (b) a parent of the child;
| |
|
| |
|
| (c) the person with whom the child was placed under an order for society supervision described in clause 116 (1) (a); | | (c) the person with whom the child was placed under an order for society supervision described in clause 116 (1) (a); |
Tribunal Powers under the Child, Youth, and Family Services Act, 2017[1]=
119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.
(2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).
(3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.
(4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.
(5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:
- 1. A matter described in subsection 120 (4).
- 2. Any other prescribed matter.
(6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.
(7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.
(8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.
(9) The Statutory Powers Procedure Act does not apply to a hearing under this section.
(10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,
- (a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;
- (b) redirect the matter to the society for further review;
- (c) confirm the society’s decision; or
- (d) make such other order as may be prescribed.
(11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,
- (a) is an issue that has been decided by the court or is before the court; or
- (b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
(Children’s, young persons’ rights to respectful services)
(c) the person with whom the child was placed under an order for society supervision described in clause 116 (1) (a);
(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);
(e) a foster parent, if the child has lived continuously with the foster parent for at least two years immediately before the application; or
(f) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c), (d) or (e) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
When leave to apply required
(5) Despite clause (4) (b), a parent of a child shall not make an application under subsection (4) without leave of the court if the child has, immediately before the application, received continuous care for at least two years from the same foster parent or from the same person under a custody order.
Notice
(6) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to,
(a) the child, except as otherwise provided under subsection 79 (4) or (5);
(b) the child’s parent, if the child is younger than 16;
(c) the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 116 (1) (a);
(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);
(e) any foster parent who has cared for the child continuously during the six months immediately before the application; and
(f) in the case of a First Nations, Inuk or Métis child, the persons described in clause (a), (b), (c), (d) or (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.
Six-month period
(7) No application shall be made under subsection (4) within six months after the latest of,
(a) the day the order was made under subsection 101 (1) or 116 (1), whichever is applicable;
(b) the day the last application by a person under subsection (4) was disposed of; or
(c) the day any appeal from an order referred to in clause (a) or a disposition referred to in clause (b) was finally disposed of or abandoned.
Exception
(8) Subsection (7) does not apply if,
(a) the child is the subject of,
(i) an order for society supervision made under clause 116 (1) (a),
(ii) an order for custody made under clause 116 (1) (b), or
(iii) an order for extended society care made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and an order for access under section 104; and
(b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.
No review if child placed for adoption
(9) No person or society shall make an application under this section 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) who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VIII (Adoption and Adoption Licensing), if the child still resides in the person’s home.
Interim care and custody
(10) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.
Court order
116 (1) If an application for review of a child’s status is made under section 115, the court may, in the child’s best interests,
(a) order 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;
(b) order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons;
(c) order that the child be placed in extended society care until the order is terminated under this section or expires under section 123; or
(d) terminate or vary any order made under section 101 or this section. 2017, c. 14, Sched. 1, s. 116 (1).
Variation, termination or new order
(2) When making an order under subsection (1), the court may, subject to section 105, vary or terminate an order for access or make a further order under section 104. 2017, c. 14, Sched. 1, s. 116 (2).
Termination of extended society care order
(3) Any previous order for extended society care made under paragraph 3 of subsection 101 (1) or clause (1) (c) is terminated if an order described in clause (1) (a) or (b) is made in respect of a child. 2017, c. 14, Sched. 1, s. 116 (3).
Terms and conditions of supervision order
(4) If the court makes a supervision order described in clause (1) (a), 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 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 purchase any goods or services. 2017, c. 14, Sched. 1, s. 116 (4).
Access
(5) Section 105 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c). 2017, c. 14, Sched. 1, s. 116 (5).
Proceedings under Children’s Law Reform Act
(6) If an order is made under this section or a proceeding is commenced under this Part, 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 (5).
Rights and responsibilities
(7) A person to whom custody of a child is granted by an order under this section has the rights and responsibilities of a parent in respect of the child and must exercise those rights and responsibilities in the best interests of the child. 2017, c. 14, Sched. 1, s. 116 (7).
Section Amendments with date in force (d/m/y)
Director’s annual review of children in extended society care
117 (1) A Director or a person authorized by a Director shall, at least once during each calendar year, review the status of every child,
(a) who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c);
(b) who was in extended society care under an order described in clause (a) throughout the immediately preceding 24 months; and
(c) whose status has not been reviewed under this section or under section 116 during that time.
Direction to society
(2) After a review under subsection (1), the Director may direct the society to make an application for review of the child’s status under subsection 115 (2) or give any other direction that, in the Director’s opinion, is in the child’s best interests.
Investigation by judge
118 (1) The Minister may appoint a judge of the Court of Ontario to investigate a matter relating to a child in a society’s care or the proper administration of this Part, and a judge who is appointed shall conduct the investigation and make a written report to the Minister.
Application of Public Inquiries Act, 2009
(2) Section 33 of the Public Inquiries Act, 2009 applies to an investigation by a judge under subsection (1).
Complaint to society
119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.
Complaint review procedure
(2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).
Public availability
(3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.
Society’s decision
(4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.
Application for review by Board
(5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:
1. A matter described in subsection 120 (4).
2. Any other prescribed matter.
Review by Board
(6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.
Composition of Board
(7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.
Hearing optional
(8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.
Non-application
(9) The Statutory Powers Procedure Act does not apply to a hearing under this section.
Board decision
(10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,
(a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;
(b) redirect the matter to the society for further review;
(c) confirm the society’s decision; or
(d) make such other order as may be prescribed.
No review if matter within purview of court
(11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,
(a) is an issue that has been decided by the court or is before the court; or
(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
120 (1) If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,
- (a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or
- (b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.
(2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 119, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate.
(3) A complaint to the Board under this section shall be made in accordance with the regulations.
(4) The following matters may be reviewed by the Board under this section:
- 1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119 (1) as required under subsection 119 (2).
- 2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
- 3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.
- 4. Allegations that the society has failed to comply with subsection 15 (2).
- 5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
- 6. Such other matters as may be prescribed.
References
[1]
