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Child and Family Services Act

R.S.O. 1990, CHAPTER C.11

Consolidation Period: From October 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 11, s. 3.

SKIP TABLE OF CONTENTS

CONTENTS

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:

1. To recognize that 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. To recognize that the least disruptive course of action that is available and is appropriate in a particular case to help a child should be considered.

3. To recognize that children’s services should be provided in a manner that,

i. respects a child’s need for continuity of care and for stable relationships within a family and cultural environment,

ii. takes into account physical, cultural, emotional, spiritual, mental and developmental needs and differences among children,

iii. provides early assessment, planning and decision-making to achieve permanent plans for children in accordance with their best interests, and

iv. includes the participation of a child, his or her parents and relatives and the members of the child’s extended family and community, where appropriate.

4. To recognize that, wherever possible, services to children and their families should be provided in a manner that respects cultural, religious and regional differences.

5. To recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family. 1999, c. 2, s. 1; 2006, c. 5, s. 1.

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 1, section 1 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Duties of service providers

French language services

2.(1)Service providers shall, where appropriate, make services to children and their families available in the French language.

Duties of service providers

(2)Service providers shall ensure,

(a) that children and their parents have an opportunity where appropriate 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; and

(b) that decisions affecting the interests and rights of children and their parents are made according to clear, consistent criteria and are subject to procedural safeguards. R.S.O. 1990, c. C.11, s. 2.

Interpretation

Definitions

3.  (1)  In this Act,

“agency” means a corporation; (“agence”)

“approved agency” means an agency that is approved under subsection 8 (1) of Part I (Flexible Services); (“agence agréée”)

“approved service” means a service provided,

(a) under subsection 7 (1) of Part I or with the support of a grant or contribution made under subsection 7 (2) of that Part,

(b) by an approved agency, or

(c) under the authority of a licence; (“service agréé”)

“band” has the same meaning as in the Indian Act (Canada); (“bande”)

“Board” means the Child and Family Services Review Board continued under Part IX (Licensing); (“Commission”)

“child” means a person under the age of eighteen years; (“enfant”)

“child development service” means a service for a child with a developmental disability or physical disability, for the family of a child with a developmental disability or physical disability, or for the child and the family; (“service de développement de l’enfant”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2008, chapter 21, section 1 by adding the following definition:

“child pornography” means,

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a child engaged in, or depicted as engaged in, explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a child or the anal region of a child,

(b) any written material or visual representation that advocates or counsels sexual activity with a child that would be an offence under the Criminal Code (Canada),

(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada), or

(d) any audio recording that has as its dominant characteristic, the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada); (“pornographie juvénile”)

See: 2008, c. 21, ss. 1, 6.

“child treatment service” means a service for a child with a mental or psychiatric disorder, for the family of a child with a mental or psychiatric disorder, or for the child and the family; (“service de traitement de l’enfant”)

“child welfare service” means,

(a) a residential or non-residential service, including a prevention service,

(b) a service provided under Part III (Child Protection),

(c) a service provided under Part VII (Adoption), or

(d) individual or family counselling; (“service de bien-être de l’enfance”)

“community support service” means a support service or prevention service provided in the community for children and their families; (“service communautaire d’appoint”)

“court” means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; (“tribunal”)

“developmental disability” means a condition of mental impairment present or occurring in a person’s formative years that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”)

“Director” means a Director appointed under subsection 5 (1) of Part I (Flexible Services); (“directeur”)

“extended family” means persons to whom a child is related by blood, through a spousal relationship or through adoption and, in the case of a child who is an Indian or native person, includes any member of the child’s band or native community; (“famille élargie”)

“federal Act” means the Youth Criminal Justice Act (Canada); (“loi fédérale”)

“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, the Ontario Disability Support Program Act, 1997 or the Family Benefits Act, and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 1999, chapter 2, subsection 2 (3) and the following substituted:

(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and

See: 1999, c. 2, ss. 2 (3), 38.

(b) is not the child’s parent or a person with whom the child has been placed for adoption under Part VII,

and “foster home” and “foster parent” have corresponding meanings; (“soins fournis par une famille d’accueil”, “famille d’accueil”, “père de famille d’accueil”, “mère de famille d’accueil”)

“Indian” has the same meaning as in the Indian Act (Canada); (“Indien”)

“licence” means a licence issued under Part IX (Licensing), and “licensed” and “licensee” have corresponding meanings; (“permis”, “autorisé en vertu d’un permis”, “titulaire de permis”)

“local director” means a local director appointed under section 16 of Part I (Flexible Services); (“directeur local”)

“Minister” means the Minister of Community and Social Services; (“ministre”)

“municipality” does not include a lower-tier municipality that is situated within a regional municipality; (“municipalité”)

“native community” means a community designated by the Minister under section 209 of Part X (Indian and Native Child and Family Services); (“communauté autochtone”)

“native person” means a person who is a member of a native community but is not a member of a band, and “native child” has a corresponding meaning; (“autochtone”, “enfant autochtone”)

“order” includes a refusal to make an order; (“arrêté, ordre et ordonnance”)

“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 federal Act 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 federal Act 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 Young Offenders Act (Canada) or under the federal Act; (“lieu de détention provisoire”)

“program supervisor” means a program supervisor appointed under subsection 5 (2) of Part I (Flexible Services); (“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 his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or

(b) a person as appointed under clause 90 (1) (a); (“directeur provincial”)

“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, whether by blood, through a spousal relationship or through adoption; (“parent”)

“residential service” 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 community, and “residential care” and “residential placement” have corresponding meanings; (“service en établissement”, “soins en établissement”, “placement en établissement”)

“service” means,

(a) a child development service,

(b) a child treatment service,

(c) a child welfare service,

(d) a community support service, or

(e) a youth justice service; (“service”)

“service provider” means,

(a) the Minister,

(b) an approved agency,

(c) a society,

(d) a licensee, or

(e) a person who provides an approved service or provides a service purchased by the Minister or an approved agency,

but does not include a foster parent; (“fournisseur de services”)

“society” means an approved agency designated as a children’s aid society under subsection 15 (2) of Part I (Flexible Services); (“société”)

“Tribunal” means the Licence Appeal Tribunal; (‘‘Tribunal”)

“young person” means a person who is or, in the absence of evidence to the contrary, appears to be 12 years of age or older but less than 18 years old and, if the context requires, includes any person who is charged under the federal Act with having committed an offence while he or she was a young person or who is found guilty of an offence under the federal Act; (“adolescent”)

“youth justice service” means a service provided under Part IV (Youth Justice) or under a program established under that Part. (“service de justice pour les adolescents”) R.S.O. 1990, c. C.11, s. 3 (1); 1999, c. 2, s. 2 (1, 2); 1999, c. 12, Sched. G, s. 16 (1); 2001, c. 13, s. 5 (1-3); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 2 (1, 2); 2006, c. 5, s. 2 (1, 2); 2009, c. 2, s. 1.

Idem: “parent”

(2)  In this Act, a reference to a child’s parent shall be deemed to be a reference to,

(a) both parents, where both have custody of the child;

(b) one parent, where that parent has lawful custody of the child or the other parent is unavailable or unable to act as the context requires; or

(c) another individual, where that individual has lawful custody of the child,

except where this Act provides otherwise. R.S.O. 1990, c. C.11, s. 3 (2).

Child’s community

(3)  For the purposes of this Act, the following persons are members of a child’s community:

1. A person who has ethnic, cultural or religious ties in common with the child or with a parent, sibling or relative of the child.

2. A person who has a beneficial and meaningful relationship with the child or with a parent, sibling or relative of the child. 2006, c. 5, s. 2 (3).

Consents and Participation in Agreements

Consents and agreements

4.(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 revoking 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 less than 16 years old, means the person with lawful custody of him or her, and when used in reference to a person who is 16 years old or more, means the person who would be authorized to give or refuse consent to a treatment on his or her behalf under the Health Care Consent Act, 1996 if he or she were incapable with respect to the treatment under that Act. (“parent le plus proche”) R.S.O. 1990, c. C.11, s. 4 (1); 1996, c. 2, s. 62.

Elements of valid consent or agreement, etc.

(2)A person’s consent or revocation 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 revoked 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 revokes 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 revoke 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.

Exception

(4)Subsection (3) does not apply to a consent under section 137 (consents to adoption) of Part VII (Adoption) or to a parent’s consent referred to in clause 37 (2) (l) (child in need of protection) of Part III (Child Protection).

Consent, etc., of minor

(5)A person’s consent or revocation of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is less than eighteen years old. R.S.O. 1990, c. C.11, s. 4 (2-5).

PART I
FLEXIBLE SERVICES

Directors and Program Supervisors

Directors and program supervisors

Appointment of Director

5.  (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. R.S.O. 1990, c. C.11, s. 5 (1).

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. R.S.O. 1990, c. C.11, s. 5 (2).

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. R.S.O. 1990, c. C.11, s. 5 (3).

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 legislative appropriations. R.S.O. 1990, c. C.11, s. 5 (4); 2006, c. 35, Sched. C, s. 14 (1).

Reports and information

(5)  A service provider shall,

(a) make the prescribed reports and furnish the prescribed information to the Minister, in the prescribed form and at the prescribed intervals; and

(b) make a report to the Minister whenever the Minister requests it, in the form and containing the information specified by the Minister. R.S.O. 1990, c. C.11, s. 5 (5).

Powers of program supervisor

6.(1)For the purpose of ensuring compliance with this Act and the regulations a program supervisor may, at all reasonable times, upon producing proper identification, enter premises where an approved service is provided, inspect the facilities, the service provided, the books of account and the records relating to the service, and make copies of those books and records or remove them from the premises to copy them as may be reasonably required.

Offence

(2)No person shall hinder, obstruct or attempt to hinder or obstruct a program supervisor in the performance of the program supervisor’s duties or knowingly give false information about an approved service to a program supervisor.

Idem

(3)No service provider or person in charge of premises where an approved service is provided shall refuse to give a program supervisor access to the books and records referred to in subsection (1) or refuse to give a program supervisor information about the approved service that the program supervisor reasonably requires.

Regulations re exercise of power of entry

(4)A program supervisor shall exercise the power of entry set out in subsection (1) in accordance with the regulations. R.S.O. 1990, c. C.11, s. 6.

Approvals and Funding

Provision of services directly or by purchase

7.(1)The Minister may,

(a) provide services and establish, operate and maintain facilities for the provision of services; and

(b) make agreements with persons, municipalities and agencies for the provision of services,

and may make payments for those services and facilities out of legislative appropriations.

Grants and contributions for services, consultation, etc.

(2)The Minister may make grants and contributions, out of legislative appropriations, to any person, organization or municipality for consultation, research and evaluation with respect to services and for the provision of services. R.S.O. 1990, c. C.11, s. 7.

Approval of agencies

8.(1)Where the Minister is satisfied that an agency is, with financial assistance under this Part and the regulations, financially capable of establishing, maintaining and operating a service and that its affairs are carried on under competent management in good faith, the Minister may approve the agency to provide that service.

Funding for establishment of services

(2)Where the Minister intends to approve an agency to provide a service under subsection (1), the Minister may enter into an agreement with the agency for the establishment of the service.

Financial assistance, etc.

(3)Where the Minister approves an agency to provide a service under subsection (1), the Minister may give the agency financial and other assistance, in accordance with the regulations.

Effective date

(4)The Minister’s approval under subsection (1) shall be deemed to have retroactive effect if the Minister so specifies. R.S.O. 1990, c. C.11, s. 8.

Approval of premises for provision of services

9.(1)Where the Minister is satisfied that premises are suitable for providing a service, the Minister may approve all or any part of the premises for the provision of the service by an approved agency and may give the agency financial and other assistance in accordance with the regulations, for the maintenance and operation of the premises and the provision of the service.

Approval may relate to all or part of building, etc.

(2)The Minister’s approval under subsection (1) may specify a building, a group of buildings, part of a building or a location in a building as the approved premises.

Effective date

(3)The Minister’s approval of premises under subsection (1) shall be deemed to have retroactive effect if the Minister so specifies, but it shall not be deemed to take effect on a day before the Minister’s approval of the agency concerned becomes effective under section 8. R.S.O. 1990, c. C.11, s. 9.

Terms and conditions and services to adults

Terms and conditions

10.(1)The Minister may impose terms and conditions on an approval given under subsection 8 (1) or 9 (1) and, upon reasonable written notice to the approved agency, may vary, remove or amend the terms and conditions or impose new terms and conditions.

Duty of Director

(2)A Director shall review any objections from an approved agency which has received notice under subsection (1).

Transfer of assets

(3)An approved agency shall not transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations.

Services to persons over eighteen

(4)The Minister may,

(a) provide services under clause 7 (1) (a);

(b) make agreements for the provision of services under clause 7 (1) (b);

(c) make grants and contributions for the provision of services under subsection 7 (2);

(d) approve agencies for the provision of services under subsection 8 (1);

(e) approve premises for the provision of services under subsection 9 (1),

to persons who are not children, and to their families, as if those persons were children. R.S.O. 1990, c. C.11, s. 10.

Co-ordinating or advisory groups

11.The Minister may make agreements with persons, organizations or municipalities for the establishment, support and operation of co-ordinating or advisory groups or committees, may make payments for the purpose out of legislative appropriations and may give other assistance for the purpose. R.S.O. 1990, c. C.11, s. 11.

Security for payment of funds

12.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, registration of agreement or in such other manner as the Minister determines. R.S.O. 1990, c. C.11, s. 12.

Approved agency

13.(1)An approved agency shall file a certified copy of its by-laws and of any amendment to them with the Minister forthwith after they are made.

Idem

(2)The by-laws of an approved agency shall contain the prescribed provisions.

Band or native community representatives

(3)An approved agency that provides services to Indian or native children and families shall have the prescribed number of band or native community representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms.

Employee may not sit on board

(4)An employee of an approved agency shall not be a member of the agency’s board of directors. R.S.O. 1990, c. C.11, s. 13.

Placements must comply with Act and regulations

14.No approved agency shall place a child in a residential placement except in accordance with this Act and the regulations. R.S.O. 1990, c. C.11, s. 14.

Children’s Aid Societies

Children’s Aid Society

15.  (1)  In this section,

“prescribed” means prescribed in a regulation made by the Minister under subsection 214 (4) of Part XI (Regulations). R.S.O. 1990, c. C.11, s. 15 (1).

Designation of children’s aid society

(2)  The Minister may designate an approved agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions set out in subsection (3), may impose terms and conditions on a designation and may vary, remove or amend the terms and conditions or impose new terms and conditions at any time, and may at any time amend a designation to provide that the society is no longer designated for a particular function set out in subsection (3) or to alter the society’s territorial jurisdiction. R.S.O. 1990, c. C.11, s. 15 (2).

Functions of society

(3)  The functions of a children’s aid society are to,

(a) investigate allegations or evidence that children who are under the age of sixteen years or are in the society’s care or under its supervision may be in need of protection;

(b) protect, where necessary, children who are under the age of sixteen years or are in the society’s care or under its supervision;

(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 VII; and

(g) perform any other duties given to it by this or any other Act. R.S.O. 1990, c. C.11, s. 15 (3).

Prescribed standards, etc.

(4)  A society shall,

(a) provide the prescribed standard of services in its performance of its functions; and

(b) follow the prescribed procedures and practices. R.S.O. 1990, c. C.11, s. 15 (4).

(5)  Repealed: 2002, c. 18, Sched. D, s. 1.

Protection from personal liability

(6)  No action shall be instituted against an officer or employee of a society for an act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. C.11, s. 15 (6).

Appointment of local director

16.Every society shall appoint a local director with the prescribed qualifications, powers and duties. R.S.O. 1990, c. C.11, s. 16.

Duties of Director with respect to societies

17.(1)A Director,

(a) shall advise and supervise societies;

(b) shall inspect or direct and supervise the inspection of the operation and records of societies;

(c) shall exercise the powers and duties of a society in any area in which no society is functioning;

(d) shall inspect or direct and supervise the inspection of places in which children in the care of societies are placed; and

(e) shall ensure that societies provide the standard of services and follow the procedures and practices required by subsection 15 (4). R.S.O. 1990, c. C.11, s. 17 (1).

(2)  Repealed: 2006, c. 5, s. 3.

Designation of places of safety

18.  For the purposes of Part III, a Director or local director may designate a place as a place of safety and may designate a class of places as places of safety. 2006, c. 5, s. 4.

Financial provisions

19.(1)Repealed: 1999, c. 2, s. 4 (1).

Payments by Minister

(2)The Minister shall pay to every society out of legislative appropriations an amount determined in accordance with the regulations. R.S.O. 1990, c. C.11, s. 19 (2).

(3)Repealed: 1999, c. 2, s. 4 (1).

How society’s estimates determined

(4)A society’s estimated expenditures shall be determined and shall be approved by the Minister in accordance with the regulations. R.S.O. 1990, c. C.11, s. 19 (4).

(5)Repealed: 1999, c. 2, s. 4 (1).

Manner of payment

(6)An amount payable to a society under subsection (2), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister. R.S.O. 1990, c. C.11, s. 19 (6); 1999, c. 2, s. 4 (2).

Local board

20.  (1)  Repealed: 1999, c. 2, s. 5.

Society deemed to be a local board

(2)  A society shall be 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. R.S.O. 1990, c. C.11, s. 20 (2); 2006, c. 2, s. 45.

Directives to societies

20.1A Director may issue directives to one or more societies, including directives respecting their provision of services under this Act. 1999, c. 2, s. 6.

Resolution of issues by prescribed method of alternative dispute resolution

20.2  (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. 2006, c. 5, s. 5.

Where child is Indian or native person

(2)  If the issue referred to in subsection (1) relates to a child who is an Indian or native person, the society shall consult with the child’s band or native community to determine whether an alternative dispute resolution process established by that band or native community or another prescribed process will assist in resolving the issue. 2006, c. 5, s. 5.

Children’s Lawyer

(3)  If a society or a person, including a child, who is receiving child welfare services proposes that a prescribed method of alternative dispute resolution 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. 2006, c. 5, s. 5.

Notice to band, native community

(4)  If a society makes or receives a proposal that a prescribed method of alternative dispute resolution be undertaken under subsection (3) in a matter involving a child who is an Indian or native person, the society shall give the child’s band or native community notice of the proposal. 2006, c. 5, s. 5.

Agreements with other Governments

Minister may make agreements with other governments

21.The Minister may, with the approval of the Lieutenant Governor in Council, make agreements on behalf of the Government of Ontario with the Crown in right of Canada and with the Crown in right of any other province of Canada respecting services under this Act or the care or protection of children. R.S.O. 1990, c. C.11, s. 21.

Revocation and Take-Over Powers

Powers of Minister

22.(1)Where the Minister believes on reasonable grounds that,

(a) an approved agency is not providing services in accordance with this Act or the regulations or in accordance with any term or condition imposed on the approval under subsection 8 (1) or 9 (1) or, in the case of a society, on the designation under subsection 15 (2);

(b) a director, officer or employee of an approved agency has contravened or knowingly permitted any person under his or her control and direction to contravene any provision of this Act or the regulations or any term or condition imposed on the approval under subsection 8 (1) or 9 (1) or, in the case of a society, on the designation under subsection 15 (2);

(c) approval of the agency under subsection 8 (1) or of the premises under subsection 9 (1) would be refused if it were being applied for in the first instance; or

(d) in the case of a society, the society,

(i) is not able to or fails to perform any or all of its functions under section 15,

(ii) fails to perform any or all of its functions in any part of its territorial jurisdiction, or

(iii) fails to follow a directive issued under section 20.1,

the Minister may,

(e) revoke or suspend the approval; or

(f) in the case of a society,

(i) revoke or suspend the designation under subsection 15 (2),

(ii) remove any or all of the members of the board of directors and appoint others in their place, or

(iii) operate and manage the society in the place of the board of directors. R.S.O. 1990, c. C.11, s. 22 (1); 1999, c. 2, s. 7.

Notice of proposal

(2)Where the Minister proposes to act under clause (1) (e) or (f), the Minister shall serve notice of the proposal and written reasons for it on the approved agency, unless the agency has requested that the Minister so act or has consented to the Minister’s proposal.

Request for hearing

(3)A notice under subsection (2) shall inform the agency that it is entitled to a hearing under this section if the agency mails or delivers to the Minister, within sixty days after the notice under subsection (2) is served, a written request for a hearing.

Where agency does not request hearing

(4)Where the agency does not require a hearing under subsection (3), the Minister may carry out the proposal stated in the Minister’s notice under subsection (2) without a hearing.

Hearing

(5)Where the agency requires a hearing under subsection (3),

(a) if the Minister proposes to act under clause (1) (e) only, the Minister; and

(b) in all other cases, the Lieutenant Governor in Council,

shall appoint one or more persons not employed by the Ministry to hear the matter and recommend whether the Minister should carry out the proposal.

Procedure

(6)Sections 17, 18, 19 and 20 of the Statutory Powers Procedure Act do not apply to a hearing under this section.

Report to Minister

(7)The person or persons appointed under subsection (5) shall hold a hearing and make a report to the Minister setting out,

(a) recommendations as to the carrying out of the proposal; and

(b) the findings of fact, any information or knowledge used in making the recommendations and any conclusions of law arrived at that are relevant to the recommendations,

and shall provide a copy of the report to the agency.

Minister’s decision

(8)After considering a report made under this section, the Minister may carry out the proposal and shall give notice of the Minister’s decision to the agency with reasons.

Provisional suspension

(9)Despite subsection (2), the Minister, by notice to the agency and without a hearing, may provisionally exercise any of the powers set out in clauses (1) (e) and (f) where it is necessary to do so, in the Minister’s opinion, to avert an immediate threat to the public interest or to a person’s health, safety or welfare and the Minister so states in the notice, with reasons, and thereafter the Minister shall cause a hearing to be held and subsections (3) to (8) apply with necessary modifications. R.S.O. 1990, c. C.11, s. 22 (2-9).

Minister’s order to cease activity

23.(1)Where the Minister is of the opinion, upon reasonable grounds, that an activity carried on, or the manner of carrying on an activity, in the course of the provision of an approved service is causing or is likely to cause harm to a person’s health, safety or welfare, the Minister may by order require the service provider to suspend or cease the activity and may take such other action as the Minister deems to be in the best interests of the persons receiving the approved service.

Notice of proposal

(2)Where the Minister proposes to make an order requiring the suspension or cessation of an activity under subsection (1), the Minister shall serve notice of the proposal and written reasons for it on the service provider, and subsections 22 (3) to (8), except clause (5) (b), apply with necessary modifications.

Where order may be made immediately

(3)Despite subsection (2), the Minister, by notice to the service provider and without a hearing, may require that the service provider immediately suspend or cease the activity where the continuation of the activity is, in the Minister’s opinion, an immediate threat to the public interest or to a person’s health, safety or welfare and the Minister so states in the notice, with reasons, and thereafter the Minister shall cause a hearing to be held and subsections 22 (3) to (8), except clause (5) (b), apply with necessary modifications. R.S.O. 1990, c. C.11, s. 23.

Minister has powers of board

24.(1)Where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister has all the powers of its board of directors.

Idem

(2)Without restricting the generality of subsection (1), where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister may,

(a) carry on the society’s business;

(b) enter into contracts on the society’s behalf;

(c) arrange for bank accounts to be opened in the society’s name, and authorize persons to sign cheques and other documents on the society’s behalf;

(d) appoint or dismiss employees of the society; and

(e) make by-laws. R.S.O. 1990, c. C.11, s. 24 (1, 2).

Occupation and operation of premises

(3)Without restricting the generality of subsection (1), where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister may,

(a) despite sections 25 and 41 of the Expropriations Act, immediately occupy and operate, or arrange for the occupation and operation by a person or organization designated by the Minister, of any premises occupied or used by the society for the provision of approved services; or

(b) apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Minister as may be necessary in occupying the premises. R.S.O. 1990, c. C.11, s. 24 (3); 1999, c. 2, s. 35.

Maximum period

(4)The Minister shall not occupy and operate premises under subsection (3) for a period exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period from time to time. R.S.O. 1990, c. C.11, s. 24 (4).

Offences

Offence

25.A person who knowingly,

(a) fails to furnish a report required by the Minister under subsection 5 (5);

(b) contravenes subsection 6 (2) or (3) (obstructing program supervisor, etc.); or

(c) furnishes false information in an application under this Part or in a report or return required under this Part or the regulations,

and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention or furnishing by the corporation, is guilty of an offence and is liable upon conviction to a fine of not more than $2,000. R.S.O. 1990, c. C.11, s. 25.

PART II
VOLUNTARY ACCESS TO SERVICES

Definitions

26.  In this Part,

“advisory committee” means a Residential Placement Advisory Committee established under subsection 34 (2); (“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 (Licensing) with the capacity of providing residential services to ten or more children at a time, or

(b) premises designated by a Director under subsection 34 (5); (“foyer”)

“record”, when used in reference to a person, has the same meaning as in Part VIII (Confidentiality of and Access to Records); (“dossier”)

“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”) R.S.O. 1990, c. C.11, s. 26; 2001, c. 13, s. 5 (4).

Consents

Consent to service

Consent to service: person over sixteen

27.  (1)  A service provider may provide a service to a person who is sixteen years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. R.S.O. 1990, c. C.11, s. 27 (1).

Consent to residential service: child under sixteen

(2)  A service provider may provide a residential service to a child who is less than sixteen years of age only with the consent of the child’s parent or, where the child is in a society’s lawful custody, the society’s consent, except where this Act provides otherwise. R.S.O. 1990, c. C.11, s. 27 (2).

Exception

(3)  Subsections (1) and (2) do not apply where a service is provided to a child under Part IV (Youth Justice). R.S.O. 1990, c. C.11, s. 27 (3); 2006, c. 19, Sched. D, s. 2 (3).

Discharge from residential placement

(4)  A child who is placed in a residential placement with the consent referred to in subsection (2) may only be discharged from the placement,

(a) with the consent that would be required for a new residential placement; or

(b) where the placement is made under the authority of an agreement made under subsection 29 (1) (temporary care agreements) or subsection 30 (1) or (2) (special needs agreements), in accordance with section 33 (termination by notice). R.S.O. 1990, c. C.11, s. 27 (4).

Transfer to another placement

(5)  A child who is placed in a residential placement with the consent referred to in subsection (2) shall not be transferred from one placement to another unless the consent that would be required for a new residential placement is given. R.S.O. 1990, c. C.11, s. 27 (5).

Child’s 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 take the child’s wishes into account, if they can be reasonably ascertained. R.S.O. 1990, c. C.11, s. 27 (6).

Counselling service: child twelve or older

28.A service provider may provide a counselling service to a child who is twelve years of age or older with the child’s consent, and no other person’s consent is required, but if the child is less than sixteen years of age the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent. R.S.O. 1990, c. C.11, s. 28.

Temporary Care Agreements

Temporary care agreement

29.  (1)  A person who is temporarily unable to care adequately for a child in his or her 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. R.S.O. 1990, c. C.11, s. 29 (1).

Child’s age

(2)  No temporary care agreement shall be made in respect of a child,

(a) who is sixteen years of age or older; or

(b) who is twelve years of age or older, unless the child is a party to the agreement. R.S.O. 1990, c. C.11, s. 29 (2).

Exception: developmental disability

(3)  Clause (2) (b) 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. 2001, c. 13, s. 5 (5).

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 less disruptive course of action, such as care in the child’s own home, is appropriate for the child in the circumstances. R.S.O. 1990, c. C.11, s. 29 (4); 1999, c. 2, s. 8 (1).

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 an aggregate of twelve months. R.S.O. 1990, c. C.11, s. 29 (5).

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 less than 6 years of age on the day the agreement is entered into or extended; or

(b) 24 months, if the child is 6 years of age or older on the day the agreement is entered into or extended. 1999, c. 2, s. 8 (2).

Note: For the purposes of subsection (6), as re-enacted by the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted. See: 1999, c. 2, s. 37 (1).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), subsection (6) of this section, as it read before March 31, 2000, shall continue to apply with respect to a child who is in the care and custody of a society on March 31, 2000 so long as that child continues to be in the care and custody of a society. See: 1999, c. 2, ss. 37 (2), 38.

Same

(6.1)  In calculating the period referred to in subsection (6), time during which a child has been in a society’s care and custody,

(a) as a society ward under paragraph 2 of subsection 57 (1);

(b) under a temporary care agreement under subsection 29 (1); or

(c) under a temporary order made under clause 51 (2) (d),

shall be counted. 1999, c. 2, s. 8 (2).

Previous periods to be counted

(6.2)  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 (6.1) 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. 1999, c. 2, s. 8 (2).

Note: For the purposes of subsections (6.1) and (6.2), as enacted by the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted. See: 1999, c. 2, s. 37 (1).

Authority to consent to medical treatment may be transferred

(7)  A temporary care agreement may provide that the society is entitled to consent to medical treatment for the child where a parent’s consent would otherwise be required. R.S.O. 1990, c. C.11, s. 29 (7).

Contents of temporary care agreement

(8)  A temporary care agreement shall include:

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 he or she 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 named 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. R.S.O. 1990, c. C.11, s. 29 (8).

Designation by advisory committee

(9)  Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 or designate another person under paragraph 5 of subsection (8), an advisory committee 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. R.S.O. 1990, c. C.11, s. 29 (9).

Variation of agreement

(10)  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. R.S.O. 1990, c. C.11, s. 29 (10).

Special Needs Agreements

Special needs agreements

Special needs agreement with society

30.(1)A person who is unable to provide the services required by a child in his or her custody because the child has a special need, and a society having jurisdiction where the person resides, may with a Director’s written approval make a written agreement for,

(a) the society’s provision of services to meet the child’s special need; and

(b) the society’s supervision or care and custody of the child.

Special needs agreement with Minister

(2)A person who is unable to provide the services required by a child in his or her custody because the child has a special need, and the Minister, may make a written agreement for,

(a) the Minister’s provision of services to meet the child’s special need; and

(b) the Minister’s supervision or care and custody of the child.

Term to be specified

(3)A special needs agreement shall only be made for a specific period, but may be extended, with a Director’s written approval in the case of an agreement with a society, for a further period or periods.

s. 29 (7-10) apply

(4)Where a special needs agreement provides for a child’s residential placement, subsections 29 (7), (8), (9) and (10) (authority to consent to medical treatment, contents of agreement, variation) apply with necessary modifications, and subsection 29 (4) (duty of society) applies to the society or the Minister, as the case may be, with necessary modifications. R.S.O. 1990, c. C.11, s. 30.

Sixteen and seventeen year olds

Society agreements with sixteen and seventeen year olds

31.(1)A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the society having jurisdiction where the child resides, may with a Director’s written approval make a written agreement for the society’s provision of services to meet the child’s special need.

Idem: special needs agreement with Minister

(2)A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the Minister, may make a written agreement for the Minister’s provision of services to meet the person’s special need.

Contents of agreements

(3)An agreement made under subsection (1) or (2) shall contain the prescribed provisions.

s. 29 (10) applies

(4)Subsection 29 (10) (variation) applies to an agreement made under subsection (1) or (2). R.S.O. 1990, c. C.11, s. 31.

Expiry and Termination of Agreements

Agreement expires at eighteen

32.No agreement made under section 29, 30 or 31 shall continue beyond the eighteenth birthday of the person who is its subject. R.S.O. 1990, c. C.11, s. 32.

Notice of termination of agreement

33.(1)A party to an agreement made under section 29, 30 or 31 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 twenty-one days as the agreement specifies, after the day on which every other party has actually received the notice.

Return of child, etc., by society

(3)Where notice of a wish to terminate an agreement for care and custody made under subsection 29 (1) or 30 (1) 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; or

(b) where the society is of the opinion that the child would be in need of protection within the meaning of subsection 37 (2) of Part III (Child Protection) if returned to the person referred to in clause (a), bring the child before the court under that Part to determine whether the child would be in need of protection in that case, and thereafter Part III applies to the child, with necessary modifications.

Idem: Minister

(4)Where notice of a wish to terminate an agreement for care and custody made under subsection 30 (2) is given by or to the Minister under subsection (1), subsection (3) applies to the Minister, with necessary modifications.

Idem: expiry of agreement

(5)Where a temporary care agreement expires or is about to expire under subsection 29 (6), and where a temporary care agreement or a special needs agreement that provides for care and custody expires or is about to expire according to its own terms and is not extended, the society or the Minister, as the case may be, shall before the agreement expires or as soon as practicable thereafter, but in any event within twenty-one 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; or

(b) where the society or the Minister, as the case may be, is of the opinion that the child would be in need of protection within the meaning of subsection 37 (2) of Part III (Child Protection) if returned to the person referred to in clause (a), bring the child before the court under that Part to determine whether the child would be in need of protection in that case, and thereafter Part III applies to the child, with necessary modifications. R.S.O. 1990, c. C.11, s. 33.

Review by Residential Placement Advisory Committee

Residential placement review

34.  (1)  In this section,

“residential placement” does not include,

(a) a placement made under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under Part IV (Youth Justice),

(b) commitment to a secure treatment program under Part VI (Extraordinary Measures), or

(c) a placement with a person who is neither a service provider nor a foster parent. R.S.O. 1990, c. C.11, s. 34 (1); 2006, c. 19, Sched. D, s. 2 (4).

Residential placement advisory committees

(2)  The Minister may establish residential placement advisory committees each consisting of,

(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, another person or persons, including a representative of a band or native community, whom the Minister considers appropriate,

and shall specify the territorial jurisdiction of each advisory committee. R.S.O. 1990, c. C.11, s. 34 (2).

Payments, etc., to members

(3)  The Minister may pay allowances and reasonable travelling expenses to any or all of the members of an advisory committee, and may authorize an advisory committee to hire support staff. R.S.O. 1990, c. C.11, s. 34 (3).

Duties of 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 services and alternatives to residential services, to conduct reviews under this section, and to name persons for the purpose of subsection 29 (9) (contact with child under temporary care agreement), and has such further duties as are prescribed. R.S.O. 1990, c. C.11, s. 34 (4).

Designation by Director

(5)  A Director may designate a building, group of buildings or part of a building in which residential services can be provided to ten or more children at a time as an institution for the purposes of this section. R.S.O. 1990, c. C.11, s. 34 (5).

Mandatory review by committee

(6)  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 placement is intended to last or actually lasts ninety days or more,

(i) as soon as possible, but in any event within forty-five days of the day on which the child is placed in the institution,

(ii) unless the placement is reviewed under subclause (i), within twelve months of the establishment of the committee or within such longer period as the Minister allows, and

(iii) while the placement continues, at least once during each nine month period succeeding the review under subclause (i) or (ii);

(b) every residential placement of a child twelve years of age or older who objects to the placement and resides within the advisory committee’s jurisdiction,

(i) within the week immediately following the day that is fourteen days after the child is placed, and

(ii) while the placement continues, at least once during each nine month period succeeding 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 thirty days of the referral. R.S.O. 1990, c. C.11, s. 34 (6).

Discretionary review

(7)  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. R.S.O. 1990, c. C.11, s. 34 (7).

Review to be informal, etc.

(8)  An advisory committee shall conduct a review under this section in an informal manner, 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 of the child and of members of the child’s family, as defined in Part VIII (Confidentiality of and Access to Records), that are disclosed to the committee in accordance with that Part. R.S.O. 1990, c. C.11, s. 34 (8).

Service providers to assist advisory committee

(9)  At an advisory committee’s request, a service provider shall assist and co-operate with the advisory committee in its conduct of a review. R.S.O. 1990, c. C.11, s. 34 (9).

What committee shall consider

(10)  In conducting a review, an advisory committee shall,

(a) determine whether the child has a special need;

(b) 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;

(c) consider whether the residential placement or proposed residential placement is appropriate for the child in the circumstances;

(d) if it considers that a less restrictive alternative to the placement would be more appropriate for the child in the circumstances, specify that alternative;

(e) consider the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity; and

(f) where the child is an Indian or native person, consider the importance, in recognition of the uniqueness of Indian and native culture, heritage and traditions, of preserving the child’s cultural identity. R.S.O. 1990, c. C.11, s. 34 (10).

Recommendations

35.(1)An advisory committee that conducts a review shall advise,

(a) the service provider;

(b) any representative of the child;

(c) the child’s parent or, where the child is in a society’s lawful custody, the society;

(d) the child, where it is reasonable to expect him or her to understand; and

(e) where the child is an Indian or native person, a representative chosen by the child’s band or native community,

of its recommendations as soon as the review has been completed, and shall advise the child of his or her rights under section 36 if the child is twelve years of age or older.

Report of review to Minister

(2)An advisory committee that conducts a review shall, within thirty days of completing the review, make a report of its findings and recommendations to the Minister.

Recommendation for less restrictive service

(3)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 (2) that the less restrictive service be provided to the child.

Additional reports at Minister’s request

(4)An advisory committee shall make a report of its activities to the Minister whenever the Minister requests it, in addition to making the reports required by subsection (2). R.S.O. 1990, c. C.11, s. 35.

Review by Child and Family Services Review Board

36.(1)A child who is twelve years of age or older and is in a residential placement to which he or she objects may, if the placement has been reviewed by an advisory committee under section 34 and,

(a) the child is dissatisfied with the advisory committee’s recommendation; or

(b) the advisory committee’s recommendation is not followed,

apply to the Board for a determination of where he or she should remain or be placed.

Duty of Board

(2)The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing.

Idem

(3)The Board shall advise the child whether it intends to hold a hearing or not within ten 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) where the child is an Indian or native person, a representative chosen by the child’s band or native community; and

(d) any other persons that the Board specifies.

Time for determination

(5)The Board shall complete its review and make a determination within thirty 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 recommendation

(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 placement. R.S.O. 1990, c. C.11, s. 36.

PART III
CHILD PROTECTION

Interpretation

37.  (1)  In this Part,

“child” does not include a child as defined in subsection 3 (1) who is actually or apparently sixteen years of age or older, unless the child is the subject of an order under this Part; (“enfant”)

“child protection worker” means a Director, a local director or a person authorized by a Director or local director for the purposes of section 40 (commencing child protection proceedings); (“préposé à la protection de l’enfance”)

“parent”, when used in reference to a child, means each of,

(a) the child’s mother,

(b) an individual described in one of paragraphs 1 to 6 of subsection 8 (1) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that he is not the child’s natural father,

(c) the individual having lawful custody of the child,

(d) an individual who, during the twelve months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support,

(e) 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, and

(f) an individual who has acknowledged parentage of the child in writing under section 12 of the Children’s Law Reform Act,

but does not include a foster parent; (“père ou mère”)

“place of safety” means a foster home, a hospital, a person’s home that satisfies the requirements of subsection (5) or a place or one of a class of places designated as a place of safety by a Director or local director under section 18, but does not include,

(a) a place of secure custody as defined in Part IV, or

(b) a place of secure temporary detention as defined in Part IV. (“lieu sûr”) R.S.O. 1990, c. C.11, s. 37 (1); 2006, c. 19, Sched. D, s. 2 (5); 2006, c. 5, s. 6 (1, 2).

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 molested 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 molestation or sexual exploitation and fails to protect the child;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2008, chapter 21, section 2 and the following substituted:

(c) the child has been sexually molested or sexually exploited, including by child pornography, 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 molestation or sexual exploitation and fails to protect the child;

See: 2008, c. 21, ss. 2, 6.

(d) there is a risk that the child is likely to be sexually molested or sexually exploited as described in clause (c);

(e) the child requires medical 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, or refuses or is unavailable or unable to consent to, the treatment;

(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;

(f.1) 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, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

(g) 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;

(g.1) 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, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm;

(h) 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, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition;

(i) the child has been abandoned, the child’s parent has died or is unavailable to exercise his or her custodial rights 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;

(j) the child is less than twelve years old 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, or refuses or is unavailable or unable to consent to, those services or treatment;

(k) the child is less than twelve years old 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; or

(l) 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 twelve years of age or older, with the child’s consent, to be dealt with under this Part. R.S.O. 1990, c. C.11, s. 37 (2); 1999, c. 2, s. 9.

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 take into consideration those of the following circumstances of the case that he or she considers relevant:

1. The child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs.

2. The child’s physical, mental and emotional level of development.

3. The child’s cultural background.

4. The religious faith, if any, in which the child is being raised.

5. The importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family.

6. 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.

7. The importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity.

8. 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.

9. The child’s views and wishes, if they can be reasonably ascertained.

10. The effects on the child of delay in the disposition of the case.

11. 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.

12. The degree of risk, if any, that justified the finding that the child is in need of protection.

13. Any other relevant circumstance. R.S.O. 1990, c. C.11, s. 37 (3); 2006, c. 5, s. 6 (3).

Where child an Indian or native person

(4)  Where a person is directed in this Part to make an order or determination in the best interests of a child and the child is an Indian or native person, the person shall take into consideration the importance, in recognition of the uniqueness of Indian and native culture, heritage and traditions, of preserving the child’s cultural identity. R.S.O. 1990, c. C.11, s. 37 (4).

Place of safety

(5)  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 child who is an Indian or native person, an Indian or native child and family service authority designated under section 211 of Part X 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. 2006, c. 5, s. 6 (4).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 9, section 37 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Legal Representation

Legal representation of child

38.(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. R.S.O. 1990, c. C.11, s. 38 (1-3).

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 made a society or Crown ward under paragraph 2 or 3 of subsection 57 (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 37 (2) (a), (c), (f), (f.1) or (h); or

(c) the child is not permitted to be present at the hearing,

legal representation shall be deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes if they can be reasonably ascertained, that the child’s interests are otherwise adequately protected. R.S.O. 1990, c. C.11, s. 38 (4); 1999, c. 2, s. 10.

Where parent a minor

(5)Where a child’s parent is less than eighteen years of age, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise. R.S.O. 1990, c. C.11, s. 38 (5); 1994, c. 27, s. 43 (2).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 10, section 38 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Parties and Notice

Parties

39.(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. Where the child is an Indian or a native person, a representative chosen by the child’s band or native community.

Director to be added

(2)At any stage in a proceeding under this Part, the court shall add a Director as a party on his or her 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 solicitor; and

(d) may make submissions to the court,

but shall take no further part in the hearing without leave of the court.

Child twelve or older

(4)A child twelve years of age or more 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 under twelve

(5)A child less than twelve years of age 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 64 (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 69 as if he or she 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. R.S.O. 1990, c. C.11, s. 39.

Commencing Child Protection Proceedings

Warrants, orders, apprehension, etc.

Application

40.  (1)  A society may apply to the court to determine whether a child is in need of protection. R.S.O. 1990, c. C.11, s. 40 (1).

Warrant to apprehend child

(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 in need of protection; and

(b) a less restrictive course of action is not available or will not protect the child adequately. R.S.O. 1990, c. C.11, s. 40 (2).

Idem

(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). R.S.O. 1990, c. C.11, s. 40 (3); 1993, c. 27, Sched.

Order to produce or apprehend child

(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 apprehended the child 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 him or her before the court at the time and place named in the order for a hearing under subsection 47 (1) to determine whether he or she 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. R.S.O. 1990, c. C.11, s. 40 (4); 1993, c. 27, Sched.

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. R.S.O. 1990, c. C.11, s. 40 (5).

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. R.S.O. 1990, c. C.11, s. 40 (6).

Apprehension without warrant

(7)  A child protection worker who believes on reasonable and probable grounds that,

(a) a child is in need of protection; and

(b) 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 47 (1) or obtain a warrant under subsection (2),

may without a warrant bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 40 (7).

Police assistance

(8)  A child protection worker acting under this section may call for the assistance of a peace officer. R.S.O. 1990, c. C.11, s. 40 (8).

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. R.S.O. 1990, c. C.11, s. 40 (9).

Place of open temporary detention

(10)  Where a child protection worker who brings a child to a place of safety under this section believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child may be detained in a place of safety that is a place of open temporary detention as defined in Part IV (Youth Justice). R.S.O. 1990, c. C.11, s. 40 (10); 2006, c. 19, Sched. D, s. 2 (6).

Right of entry, etc.

(11)  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. R.S.O. 1990, c. C.11, s. 40 (11).

Regulations re power of entry

(12)  A child protection worker authorized to enter premises under subsection (6) or (11) shall exercise the power of entry in accordance with the regulations. R.S.O. 1990, c. C.11, s. 40 (12).

Peace officer has powers of child protection worker

(13)  Subsections (2), (6), (7), (10), (11) and (12) apply to a peace officer as if the peace officer were a child protection worker. R.S.O. 1990, c. C.11, s. 40 (13).

Protection from personal liability

(14)  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. R.S.O. 1990, c. C.11, s. 40 (14).

Special Cases of Apprehension of Children

Apprehension of children in care

Warrant to apprehend child in care

41.  (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 a peace officer’s or child protection worker’s sworn information that,

(a) the child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; 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. R.S.O. 1990, c. C.11, s. 41 (1).

Idem

(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). R.S.O. 1990, c. C.11, s. 41 (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. R.S.O. 1990, c. C.11, s. 41 (3).

Apprehension of child in care without warrant

(4)  A peace officer or child protection worker who believes on reasonable and probable grounds that,

(a) a child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; 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),

may without a warrant bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 41 (4).

Apprehension of child absent from place of open temporary detention

(5)  Where a child is detained under this Part in a place of safety that has been designated as a place of open temporary detention as defined in Part IV (Youth Justice) and leaves the place without the consent of,

(a) the society having care, custody and control of the child; or

(b) the person in charge of the place of safety,

a peace officer, the person in charge of the place of safety or that person’s delegate may apprehend the child without a warrant. R.S.O. 1990, c. C.11, s. 41 (5); 2006, c. 19, Sched. D, s. 2 (7).

Idem

(6)  A person who apprehends a child under subsection (5) shall,

(a) take the child to a place of safety to be detained until the child can be returned to the place of safety the child left; or

(b) return the child or arrange for the child to be returned to the place of safety the child left. R.S.O. 1990, c. C.11, s. 41 (6).

Apprehension of child under twelve

42.(1)A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child 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 take the child to a place of safety to be detained there 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. R.S.O. 1990, c. C.11, s. 42 (1, 2).

Where child not returned to parent, etc., within twelve hours

(3)Where a child detained in a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within twelve hours of being taken to the place of safety, the child shall be dealt with as if the child had been taken to a place of safety under subsection 40 (7) and not apprehended under subsection (1). R.S.O. 1990, c. C.11, s. 42 (3); 1993, c. 27, Sched.

Runaways

43.(1)In this section,

“parent” includes,

(a) an approved agency that has custody of the child,

(b) a person who has care and control of the child.

Warrant to apprehend runaway child

(2)A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to apprehend a child if the justice of the peace is satisfied on the basis of the sworn information of a parent of the child that,

(a) the child is under the age of sixteen years;

(b) the child has withdrawn from the parent’s care and control without the parent’s consent; and

(c) the parent believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not apprehended.

Idem

(3)A person who apprehends a child under subsection (2) shall return the child to the child’s parent as soon as practicable and where it is not possible to return the child to the parent within a reasonable time, take the child to a place of safety.

Notice to parent, etc.

(4)The person in charge of a place of safety to which a child is taken under subsection (3) shall make reasonable efforts to notify the child’s parent that the child is in the place of safety so that the child may be returned to the parent.

Where child not returned to parent within twelve hours

(5)Where a child taken to a place of safety under subsection (3) cannot be returned to the child’s parent within twelve hours of being taken to the place of safety, the child shall be dealt with as if the child had been taken to a place of safety under subsection 40 (2) and not apprehended under subsection (2).

Where custody enforcement proceedings more appropriate

(6)A justice of the peace shall not issue a warrant under subsection (2) where a child has withdrawn from the care and control of one parent with the consent of another parent under circumstances where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate.

No need to specify premises

(7)It is not necessary in a warrant under subsection (2) to specify the premises where the child is located.

Child protection proceedings

(8)Where a peace officer or child protection worker believes on reasonable and probable grounds that a child apprehended 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 parent,

(a) the peace officer or child protection worker may take the child to a place of safety under subsection 40 (7); or

(b) where the child has been taken to a place of safety under subsection (5), the child shall be dealt with as if the child had been taken there under subsection 40 (7). R.S.O. 1990, c. C.11, s. 43.

Power of Entry and Other Provisions for Special Cases of Apprehension

Authority to enter, etc.

44.  (1)  A person authorized to bring a child to a place of safety by a warrant issued under subsection 41 (1) or 43 (2) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child. R.S.O. 1990, c. C.11, s. 44 (1).

Right of entry, etc.

(2)  A person authorized under subsection 41 (4) or (5) or 42 (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. R.S.O. 1990, c. C.11, s. 44 (2).

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. R.S.O. 1990, c. C.11, s. 44 (3).

Police assistance

(4)  A child protection worker acting under section 41 or 43 may call for the assistance of a peace officer. R.S.O. 1990, c. C.11, s. 44 (4).

Consent to examine child

(5)  A child protection worker who deals with a child under subsection 42 (3) or 43 (5) as if the child had been taken to a place of safety may authorize the child’s medical examination where a parent’s consent would otherwise be required. R.S.O. 1990, c. C.11, s. 44 (5).

Place of open temporary detention

(6)  Where a person who brings a child to a place of safety under section 41 or 42 believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child may be detained in a place of safety that is a place of open temporary detention as defined in Part IV (Youth Justice). R.S.O. 1990, c. C.11, s. 44 (6); 2006, c. 19, Sched. D, s. 2 (8).

Protection from personal liability

(7)  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 41, 42 or 43 or for an alleged neglect or default in the execution in good faith of that duty. R.S.O. 1990, c. C.11, s. 44 (7).

Hearings and Orders

Rules re hearings

45.(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 76 (child abuse register).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1999, chapter 2, section 11 and the following substituted:

Application

(2)This section applies to hearings held under this Part.

See: 1999, c. 2, ss. 11, 38.

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, 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,

orders that the hearing be held in public.

Media representatives

(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).

Idem

(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)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,

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.

Prohibition: 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.

Idem: order re adult

(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 solicitor shall be given a copy of a transcript of the hearing, unless the court orders otherwise. R.S.O. 1990, c. C.11, s. 45.

Time of detention limited

46.(1)As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 40 or subsection 79 (6) or a homemaker remains or is placed on premises under subsection 78 (2),

(a) the matter shall be brought before a court for a hearing under subsection 47 (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; or

(c) a temporary care agreement shall be made under subsection 29 (1) of Part II (Voluntary Access to Services).

Idem: place of open temporary detention

(2)Within twenty-four hours after a child is brought to a place of safety that is a place of open temporary detention, or as soon thereafter as is practicable, the matter shall be brought before a court for a hearing and the court shall,

(a) where it is satisfied that no less restrictive course of action is feasible, order that the child remain in the place of open temporary detention for a period or periods not exceeding an aggregate of thirty days and then be returned to the care and custody of the society;

(b) order that the child be discharged from the place of open temporary detention and returned to the care and custody of the society; or

(c) make an order under subsection 51 (2) (temporary care and custody). R.S.O. 1990, c. C.11, s. 46.

Child protection hearing

47.(1)Where an application is made under subsection 40 (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 57.

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) the religious faith, if any, in which the child is being raised;

(c) whether the child is an Indian or a native person and, if so, the child’s band or native community; and

(d) where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed.

Where sixteenth birthday intervenes

(3)Despite anything else in this Part, where the child was under the age of sixteen years when the proceeding was commenced or when the child was apprehended, the court may hear and determine the matter and make an order under this Part as if the child were still under the age of sixteen years. R.S.O. 1990, c. C.11, s. 47.

Territorial jurisdiction

48.(1)In this section,

“territorial jurisdiction” means a society’s territorial jurisdiction under subsection 15 (2). R.S.O. 1990, c. C.11, s. 48 (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 a society’s care under an order for society wardship under section 57 or an order for Crown wardship under section 57 or 65.2, 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 section 57 or 65.2, 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. R.S.O. 1990, c. C.11, s. 48 (2); 2006, c. 5, s. 7.

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. R.S.O. 1990, c. C.11, s. 48 (3).

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. R.S.O. 1990, c. C.11, s. 48 (4).

Power of court

49.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. R.S.O. 1990, c. C.11, s. 49; 1993, c. 27, Sched.

Evidence

Past conduct toward children

50.  (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. 1999, c. 2, s. 12.

Evidence re disposition not admissible before finding

(2)  In a hearing under subsection 47 (1), evidence relating only to the disposition of the matter shall not be admitted before the court has determined that the child is in need of protection. R.S.O. 1990, c. C.11, s. 50 (2).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 12, section 50 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Adjournments

51.  (1)  The court shall not adjourn a hearing for more than thirty 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. R.S.O. 1990, c. C.11, s. 51 (1).

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,

(i) a place of secure custody as defined in Part IV (Youth Justice), or

(ii) a place of open temporary detention as defined in that Part that has not been designated as a place of safety. R.S.O. 1990, c. C.11, s. 51 (2); 2006, c. 19, Sched. D, s. 2 (9); 2006, c. 5, s. 8 (1, 2).

Criteria

(3)  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). 1999, c. 2, s. 13.

Placement with relative, etc.

(3.1)  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. 2006, c. 5, s. 8 (3).

Terms and conditions in order

(3.2)  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. 2006, c. 5, s. 8 (3).

Application of s. 62

(4)  Where the court makes an order under clause (2) (d), section 62 (parental consents) applies with necessary modifications. R.S.O. 1990, c. C.11, s. 51 (4).

Access

(5)  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. R.S.O. 1990, c. C.11, s. 51 (5).

Power to vary

(6)  The court may at any time vary or terminate an order made under subsection (2). R.S.O. 1990, c. C.11, s. 51 (6).

Evidence on adjournments

(7)  For the purpose of this section, the court may admit and act on evidence that the court considers credible and trustworthy in the circumstances. R.S.O. 1990, c. C.11, s. 51 (7).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 13, section 51 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Use of prescribed methods of alternative dispute resolution

51.1  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. 2006, c. 5, s. 9.

Delay: court to fix date

52.Where an application is made under subsection 40 (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. R.S.O. 1990, c. C.11, s. 52.

Reasons, etc.

53.(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.

Idem

(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. R.S.O. 1990, c. C.11, s. 53.

Assessments

Order for assessment

54.  (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 (1.1) and (1.2):

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. 2006, c. 5, s. 10 (1).

Assessor selected by parties

(1.1)  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. 2006, c. 5, s. 10 (1).

Appointment by court

(1.2)  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. 2006, c. 5, s. 10 (1).

Same

(1.3)  If the court is of the opinion that the person selected by the parties under subsection (1.1) does not meet the criteria set out in subsection (1.2), the court shall select and appoint another person who does meet the criteria. 2006, c. 5, s. 10 (1).

Regulations

(1.4)  An order under subsection (1) and the assessment required by that order shall comply with such requirements as may be prescribed. 2006, c. 5, s. 10 (1).

Report

(2)  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 thirty days unless the court is of the opinion that a longer assessment period is necessary. R.S.O. 1990, c. C.11, s. 54 (2).

Copies of report

(3)  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 (4) and (5);

(b) the child’s solicitor or agent of record;

(c) a parent appearing at the hearing, or the parent’s solicitor of record;

(d) the society caring for or supervising the child;

(e) a Director, where he or she requests a copy;

(f) where the child is an Indian or a native person, a representative chosen by the child’s band or native community; 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. R.S.O. 1990, c. C.11, s. 54 (3).

Child under twelve

(4)  Where the person assessed is a child less than twelve years of age, 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. R.S.O. 1990, c. C.11, s. 54 (4).

Child twelve or older

(5)  Where the person assessed is a child twelve years of age or more, 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. R.S.O. 1990, c. C.11, s. 54 (5).

Conflict

(5.1)  Subsections (4) and (5) prevail despite anything in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 78 (1).

Assessment is evidence

(6)  The report of an assessment ordered under subsection (1) is evidence and is part of the court record of the proceeding. R.S.O. 1990, c. C.11, s. 54 (6).

Inference from refusal

(7)  The court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under subsection (1). R.S.O. 1990, c. C.11, s. 54 (7).

Report inadmissible

(8)  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 69;

(b) a proceeding referred to in section 81;

(b.1) a proceeding under Part VII respecting an application to make, vary or terminate an openness order; or

(c) a proceeding under the Coroners Act,

without the consent of the person or persons assessed. 1999, c. 2, s. 14; 2006, c. 5, s. 10 (2).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 14, section 54 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Consent order: special requirements

55.Where a child is brought before the court on consent as described in clause 37 (2) (l), the court shall, before making an order under section 57 or 57.1 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 twelve years of age 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 twelve years of age 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 twelve years of age or older, the child consents to the order being sought. R.S.O. 1990, c. C.11, s. 55; 2006, c. 5, s. 11.

Society’s plan for child

56.  The court shall, before making an order under section 57, 57.1, 65 or 65.2, 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 wardship 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. R.S.O. 1990, c. C.11, s. 56; 2006, c. 5, s. 12.

Order where child in need of protection

57.  (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 57.1, 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.

Society wardship

2. That the child be made a ward of the society and be placed in its care and custody for a specified period not exceeding twelve months.

Crown wardship

3. That the child be made a ward of the Crown, until the wardship is terminated under section 65.2 or expires under subsection 71 (1), and be placed in the care of the society.

Consecutive orders of society wardship and supervision

4. That the child be made a ward of the society 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 an aggregate of twelve months. R.S.O. 1990, c. C.11, s. 57 (1); 2006, c. 5, s. 13 (1-3).

Court to inquire

(2)  In determining which order to make under subsection (1) or section 57.1, the court shall ask the parties what efforts the society or another agency or person has made to assist the child before intervention under this Part. 2006, c. 5, s. 13 (4).

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 him or her immediately before intervention under this Part unless the court is satisfied that alternatives that are less disruptive to the child, including non-residential services and the assistance referred to in subsection (2), would be inadequate to protect the child. 1999, c. 2, s. 15 (1).

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 him or her immediately before intervention under this Part, the court shall, before making an order for society or Crown wardship 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. R.S.O. 1990, c. C.11, s. 57 (4).

Idem: where child an Indian or a native person

(5)Where the child referred to in subsection (4) is an Indian or a native person, unless there is a substantial reason for placing the child elsewhere, the court shall place the child with,

(a) a member of the child’s extended family;

(b) a member of the child’s band or native community; or

(c) another Indian or native family. R.S.O. 1990, c. C.11, s. 57 (5).

(6)Repealed: 1999, c. 2, s. 15 (2).

Idem

(7)When the court has dispensed with notice to a person under subsection 39 (7), the court shall not make an order for Crown wardship under paragraph 3 of subsection (1), or an order for society wardship under paragraph 2 of subsection (1) for a period exceeding thirty days, until a further hearing under subsection 47 (1) has been held upon notice to that person. R.S.O. 1990, c. C.11, s. 57 (7).

Terms and conditions of supervision order

(8)  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. 2006, c. 5, s. 13 (5).

Where no court order necessary

(9)  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. R.S.O. 1990, c. C.11, s. 57 (9).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 15, section 57 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Custody order

57.1  (1)  Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 57 (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. 2006, c. 5, s. 14.

Deemed to be order under Children’s Law Reform Act

(2)  An order made under subsection (1) and any access order under section 58 that is made at the same time as the order under subsection (1) shall be deemed to 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. 2006, c. 5, s. 14.

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. 2009, c. 11, s. 3.

Same

(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. 2009, c. 11, s. 3.

Appeal under s. 69

(5)  Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 58 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 69. 2006, c. 5, s. 14.

Conflict of laws

(6)  No order shall be made under this section if,

(a) an order granting custody of 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. 2006, c. 5, s. 14.

Application of s. 57 (3)

(7)  Subsection 57 (3) applies for the purposes of this section. 2006, c. 5, s. 14.

Effect of custody proceedings

57.2  If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding respecting custody of or access to the same child under the Children’s Law Reform Act is stayed except by leave of the court in the proceeding under that Act. 2006, c. 5, s. 15.

Access

Access order

58.  (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. R.S.O. 1990, c. C.11, s. 58 (1).

Who may apply

(2)  Where a child is in a society’s care and custody or supervision,

(a) the child;

(b) any other person, including, where the child is an Indian or a native person, a representative chosen by the child’s band or native community; or

(c) the society,

may apply to the court at any time for an order under subsection (1). R.S.O. 1990, c. C.11, s. 58 (2).

Notice

(3)  An applicant referred to in clause (2) (b) shall give notice of the application to the society. R.S.O. 1990, c. C.11, s. 58 (3).

Idem

(4)  A society making or receiving an application under subsection (2) shall give notice of the application to,

(a) the child, subject to subsections 39 (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) where the child is an Indian or a native person, a representative chosen by the child’s band or native community. R.S.O. 1990, c. C.11, s. 58 (4).

Child over sixteen

(5)  No order respecting access to a person sixteen years of age or more shall be made under subsection (1) without the person’s consent. R.S.O. 1990, c. C.11, s. 58 (5).

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 57;

(b) the disposition of a previous application by the same person under subsection (2);

(c) the disposition of an application under section 64 or 65.1; or

(d) the final disposition or abandonment of an appeal from an order referred to in clause (a), (b) or (c),

whichever is later. R.S.O. 1990, c. C.11, s. 58 (6); 2006, c. 5, s. 16.

No application where child placed for adoption

(7)  No person or society shall make an application under subsection (2) where the child,

(a) is a Crown ward;

(b) has been placed in a person’s home by the society or by a Director for the purpose of adoption under Part VII (Adoption); and

(c) still resides in that person’s home. R.S.O. 1990, c. C.11, s. 58 (7).

Access: where child removed from person in charge

59.  (1)  Where an order is made under paragraph 1 or 2 of subsection 57 (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 him or her would not be in the child’s best interests. R.S.O. 1990, c. C.11, s. 59 (1).

Access after custody order under s. 57.1

(1.1)  If a custody order is made under section 57.1 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 will not be in the child’s best interests. 2006, c. 5, s. 17 (1).

Access after supervision order or custody order under s. 65.2 (1)

(1.2)  If an order is made for supervision under clause 65.2 (1) (a) or for custody under clause 65.2 (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 65.1, unless the court is satisfied that continued contact will not be in the child’s best interests. 2006, c. 5, s. 17 (1).

Termination of access to Crown ward

(2)  Where the court makes an order that a child be made a ward of the Crown, any order for access made under this Part with respect to the child is terminated. 2006, c. 5, s. 17 (2).

Access: Crown ward

(2.1)  A court shall not make or vary an access order made under section 58 with respect to a Crown ward unless the court is satisfied that,

(a) the relationship between the person and the child is beneficial and meaningful to the child; and

(b) the ordered access will not impair the child’s future opportunities for adoption. 2006, c. 5, s. 17 (2).

Termination of access:  Crown ward

(3)  The court shall terminate an access order with respect to a Crown ward if,

(a) the order is no longer in the best interests of the child; or

(b) the court is no longer satisfied that the requirements set out in clauses (2.1) (a) and (b) are satisfied. 1999, c. 2, s. 16; 2006, c. 5, s. 17 (3).

Society may permit contact or communication

(4)  If a society believes that contact or communication between a person and a Crown ward is in the best interests of the Crown ward and no openness order under Part VII or access order is in effect with respect to the person and the Crown ward, the society may permit contact or communication between the person and the Crown ward. 2006, c. 5, s. 17 (4).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 16, section 59 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Review of access order made concurrently with custody order

59.1  No order for access under section 58 is subject to review under this Act if it is made at the same time as a custody order under section 57.1, 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. 2006, c. 5, s. 18.

Restriction on access order

59.2  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. 2006, c. 24, s. 1.

Payment Orders

Order for payment by parent

60.(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 his or her 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 eighteen

(3)No order made under subsection (1) shall extend beyond the day on which the child attains the age of eighteen years.

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). R.S.O. 1990, c. C.11, s. 60 (1-5).

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. R.S.O. 1990, c. C.11, s. 60 (6); 1993, c. 27, Sched.

Society and Crown Wardship

Placement of wards

61.  (1)  This section applies where a child is made a society ward under paragraph 2 of subsection 57 (1) or a Crown ward under paragraph 3 of subsection 57 (1) or under subsection 65.2 (1). 2006, c. 5, s. 19 (1).

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 religious faith, if any, in which the child is being raised;

(c) where possible, respects the child’s linguistic and cultural heritage;

(d) where the child is an Indian or a native person, is with a member of the child’s extended family, a member of the child’s band or native community or another Indian or native family, if possible; and

(e) takes into account the child’s wishes, if they can be reasonably ascertained, and the wishes of any parent who is entitled to access to the child. R.S.O. 1990, c. C.11, s. 61 (2).

Education

(3)  The society having care of a child shall ensure that the child receives an education that corresponds to his or her aptitudes and abilities. R.S.O. 1990, c. C.11, s. 61 (3).

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. R.S.O. 1990, c. C.11, s. 61 (4).

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 V (Rights of Children); and

(b) the wishes of any parent who is entitled to access to the child and, where the child is a Crown ward, 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. R.S.O. 1990, c. C.11, s. 61 (5).

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. R.S.O. 1990, c. C.11, s. 61 (6).

Notice of proposed removal

(7)  If a child is a Crown ward 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 (7.1); and

(b) if the child is an Indian or native person,

(i) give at least 10 days notice in writing of the proposed removal to a representative chosen by the child’s band or native community, and

(ii) after the notice is given, consult with representatives chosen by the band or community relating to the plan for the care of the child. 2006, c. 5, s. 19 (2).

Application for review

(7.1)  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. 2006, c. 5, s. 19 (2).

Board hearing

(8)  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. 2006, c. 5, s. 19 (2).

Where child is Indian or native person

(8.1)  Upon receipt of an application for review of a proposed removal of a child who is an Indian or native person, the Board shall give a representative chosen by the child’s band or native community notice of receipt of the application and of the date of the hearing. 2006, c. 5, s. 19 (2).

Practices and procedures

(8.2)  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. 2006, c. 5, s. 19 (2).

Composition of Board

(8.3)  At a hearing under this section, the Board shall be composed of members with the prescribed qualifications and prescribed experience. 2006, c. 5, s. 19 (2).

Parties

(8.4)  The following persons are parties to a hearing under this section:

1. The applicant.

2. The society.

3. If the child is an Indian or a native person, a representative chosen by the child’s band or native community.

4. Any person that the Board adds under subsection (8.5). 2006, c. 5, s. 19 (2).

Additional parties

(8.5)  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. 2006, c. 5, s. 19 (2).

Board decision

(8.6)  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. 2006, c. 5, s. 19 (2).

No removal before decision

(8.7)  Subject to subsection (9), 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 (7.1) has expired and an application is not made; or

(b) if an application for a review of the proposed removal is made under subsection (7.1), the Board has confirmed the proposed removal under subsection (8.6). 2006, c. 5, s. 19 (2).

Where child at risk

(9)  A society may remove the child from the foster home before the expiry of the time for applying for a review under subsection (7.1) or at any time after the application for a review is made if, in the opinion of a local director, there would be a risk that the child is likely to suffer harm during the time necessary for a review by the Board. 2006, c. 5, s. 19 (3).

Review of certain placements

(10)  Sections 34, 35 and 36 (review by Residential Placement Advisory Committee, further review by Children’s Services Review Board) of Part II (Voluntary Access to Services) apply to a residential placement made by a society. R.S.O. 1990, c. C.11, s. 61 (10).

Transitional

(11)  This section as it read on the day before this subsection came into force continues to apply in respect of proposed removals and requests for review under section 68 if the notice of the proposed removal of the child was given by the society on or before that day. 2006, c. 5, s. 19 (4).

Society wards – medical treatment and marriage

Society ward: consent to medical treatment

62.(1)Where a child is made a society ward under paragraph 2 of subsection 57 (1), the society may consent to and authorize medical treatment for the child where a parent’s consent would otherwise be required, unless the court orders that the parent shall retain any right that he or she may have to give or refuse consent to medical treatment for the child.

Idem

(2)The court shall not make an order under subsection (1) where failure to consent to necessary medical treatment was a ground for finding that the child was in need of protection.

Court order

(3)Where a parent referred to in an order made under subsection (1) refuses or is unavailable or unable to consent to medical treatment for the child and the court is satisfied that the treatment would be in the child’s best interests, the court may authorize the society to consent to the treatment.

Consent to child’s marriage

(4)Where a child is made a society ward under paragraph 2 of subsection 57 (1), the child’s parent retains any right that he or she may have under the Marriage Act to give or refuse consent to the child’s marriage. R.S.O. 1990, c. C.11, s. 62.

Custodianship of wards

Crown custodian of Crown wards

63.  (1)  Where a child is made a Crown ward under paragraph 3 of subsection 57 (1) or under subsection 65.2 (1), the Crown has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control and has the right to give or refuse consent to medical treatment for the child where a parent’s consent would otherwise be required, 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. R.S.O. 1990, c. C.11, s. 63 (1); 2006, c. 5, s. 20.

Society custodian of society wards

(2)  Where a child is made a society ward under paragraph 2 of subsection 57 (1), the society has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control. R.S.O. 1990, c. C.11, s. 63 (2).

Society’s obligation to a Crown ward

63.1  Where a child is made a Crown ward, 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 65.2 (1).

3. In the case of a child who is an Indian or native person, a plan for customary care as defined in Part X. 2006, c. 5, s. 21.

Review

Status review

64.  (1)  This section applies where a child is the subject of an order under subsection 57 (1) for society supervision or society wardship. 2006, c. 5, s. 22.

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 subsection 71 (1); and

(c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child from the care of a person with whom the child was placed under an order for society supervision. 2006, c. 5, s. 22.

Application of cl. (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. 2006, c. 5, s. 22.

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 years of age;

(b) a parent of the child;

(c) the person with whom the child was placed under an order for society supervision; or

(d) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 22.

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 39 (4) or (5);

(b) the child’s parent;

(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) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 22.

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 57 (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. 2006, c. 5, s. 22.

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. 2006, c. 5, s. 22.

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. 2006, c. 5, s. 22.

Court may vary, etc.

65.  (1)  Where an application for review of a child’s status is made under section 64, the court may, in the child’s best interests,

(a) vary or terminate the original order made under subsection 57 (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 57; or

(d) make an order under section 57.1. R.S.O. 1990, c. C.11, s. 65 (1); 2006, c. 5, s. 23 (1).

(2)  Repealed: 2006, c. 5, s. 23 (2).

(3)  Repealed: 1999, c. 2, s. 19.

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 19, subsection (3) of this section, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.

Status review, Crown ward and former Crown wards

65.1  (1)  This section applies where a child is a Crown ward or is the subject of an order for society supervision under clause 65.2 (1) (a) or a custody order under clause 65.2 (1) (b). 2006, c. 5, s. 24.

Society to seek status review

(2)  The society that has or had care, custody or supervision of the child,

(a) may apply to the court at any time, subject to subsection (9), for a review of the child’s status;

(b) shall apply to the court for a review of the child’s status before the order expires if the order is for society supervision, unless the expiry is by reason of subsection 71 (1); and

(c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child,

(i) from the care of a person with whom the child was placed under an order for society supervision described in clause 65.2 (1) (a), or

(ii) from the custody of a person who had custody of the child under a custody order described in clause 65.2 (1) (b). 2006, c. 5, s. 24.

Application of cl. (2) (a) and (c)

(3)  Clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district,

(a) in which the parent or other person with whom the child is placed resides, if the child is the subject of an order for society supervision under clause 65.2 (1) (a); or

(b) in which the person who has custody resides, if the child is the subject of a custody order under clause 65.2 (1) (b). 2006, c. 5, s. 24.

Others may seek status review

(4)  An application for review of a child’s status under this section may be made on notice to the society by,

(a) the child, if the child is at least 12 years of age;

(b) a parent of the child;

(c) the person with whom the child was placed under an order for society supervision described in 65.2 (1) (a);

(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b);

(e) a foster parent, if the child has lived continuously with the foster parent for at least two years immediately before the application; or

(f) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 24.

When leave to apply required

(5)  Despite clause (4) (b), a parent of a child shall not make an application under subsection (4) without leave of the court if the child has, immediately before the application, received continuous care for at least two years from the same foster parent or from the same person under a custody order. 2006, c. 5, s. 24.

Notice

(6)  A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to,

(a) the child, except as otherwise provided under subsection 39 (4) or (5);

(b) the child’s parent, if the child is under 16 years of age;

(c) the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 65.2 (1) (a);

(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b);

(e) any foster parent who has cared for the child continuously during the six months immediately before the application; and

(f) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 24.

Six-month period

(7)  No application shall be made under subsection (4) within six months after the latest of,

(a) the day the order was made under subsection 57 (1) or 65.2 (1), whichever is applicable;

(b) the day the last application by a person under subsection (4) was disposed of; or

(c) the day any appeal from an order referred to in clause (a) or a disposition referred to in clause (b) was finally disposed of or abandoned. 2006, c. 5, s. 24.

Exception

(8)  Subsection (7) does not apply if,

(a) the child is the subject of,

(i) an order for society supervision described in clause 65.2 (1) (a),

(ii) an order for custody described in clause 65.2 (1) (b), or

(iii) an order for Crown wardship under subsection 57 (1) or clause 65.2 (1) (c) and an order for access under section 58; and

(b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out. 2006, c. 5, s. 24.

No review if child placed for adoption

(9)  No person or society shall make an application under this section with respect to a Crown ward who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VII, if the Crown ward still resides in the person’s home. 2006, c. 5, s. 24.

Interim care and custody

(10)  If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody. 2006, c. 5, s. 24.

Court order

65.2  (1)  If an application for review of a child’s status is made under section 65.1, 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 made a ward of the Crown until wardship is terminated under this section or expires under subsection 71 (1); or

(d) terminate or vary any order made under section 57 or this section. 2006, c. 5, s. 24.

Variation, etc.

(2)  When making an order under subsection (1), the court may, subject to section 59, vary or terminate an order for access or make a further order under section 58. 2006, c. 5, s. 24.

Same

(3)  Any previous order for Crown wardship is terminated if an order described in clause (1) (a) or (b) is made in respect of a child. 2006, c. 5, s. 24.

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 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 purchase any goods or services. 2006, c. 5, s. 24.

Access

(5)  Section 59 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c). 2006, c. 5, s. 24.

Custody proceeding

(6)  Where an order is made under this section or a proceeding is commenced under this Part, any proceeding respecting custody of or access to the same child under the Children’s Law Reform Act is stayed except by leave of the court in the proceeding under that Act. 2006, c. 5, s. 24.

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. 2006, c. 5, s. 24.

Director’s annual review of Crown wards

66.  (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 a Crown ward;

(b) who was a Crown ward throughout the immediately preceding twenty-four months; and

(c) whose status has not been reviewed under this section or under section 65.2 during that time. R.S.O. 1990, c. C.11, s. 66 (1); 2006, c. 5, s. 25 (1).

Idem

(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 65 (1) or give any other direction that, in the Director’s opinion, is in the child’s best interests. R.S.O. 1990, c. C.11, s. 66 (2); 2006, c. 5, s. 25 (2).

Investigation by judge

67.  (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. R.S.O. 1990, c. C.11, s. 67 (1); 1999, c. 2, s. 20.

Powers of judge

(2)  For the purposes of an investigation under subsection (1), the judge has the powers of a commission under Part II of the Public Inquiries Act, and that Part applies to the investigation as if it were an inquiry under that Act. R.S.O. 1990, c. C.11, s. 67 (2).

Complaint to society

68.  (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. 2006, c. 5, s. 26.

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 68.1 (2). 2006, c. 5, s. 26.

Available to public

(3)  A society shall make information relating to the complaint review procedure available to any person upon request. 2006, c. 5, s. 26.

Society’s decision

(4)  Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final. 2006, c. 5, s. 26.

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. An alleged inaccuracy in the society’s files or records regarding the complainant.

2. A matter described in subsection 68.1 (4).

3. Any other prescribed matter. 2006, c. 5, s. 26.

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. 2006, c. 5, s. 26.

Composition of Board

(7)  The Board shall be composed of members with the prescribed qualifications and prescribed experience. 2006, c. 5, s. 26.

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. 2006, c. 5, s. 26.

Non-application

(9)  The Statutory Powers Procedure Act does not apply to a hearing under this section. 2006, c. 5, s. 26.

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 review of a matter described in paragraph 1 of subsection (5), order that a notice of disagreement be added to the complainant’s file;

(b) in the case of a matter described in subsection 68.1 (4), make any order described in subsection 68.1 (7), as appropriate;

(c) redirect the matter to the society for further review;

(d) confirm the society’s decision; or

(e) make such other order as may be prescribed. 2006, c. 5, s. 26.

Notice of disagreement

(11)  A notice of disagreement referred to in clause (10) (a) shall be in the prescribed form if the regulations so provide. 2006, c. 5, s. 26.

No review if matter within purview of court

(12)  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. 2006, c. 5, s. 26.

Transitional

(13)  This section as it read immediately before the day this subsection came into force continues to apply in respect of complaints made to a society before that day and of any reviews requested of the Director before that day. 2006, c. 5, s. 26.

Complaint to Board

68.1  (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 68 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 68, submit the complaint to the Board before the society’s complaint review procedure is completed. 2006, c. 5, s. 26.

Notice to society

(2)  If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 68, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate. 2006, c. 5, s. 26.

Complaint to Board

(3)  A complaint to the Board under this section shall be made in accordance with the regulations. 2006, c. 5, s. 26.

Matters for Board review

(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 68 (1) as required under subsection 68 (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 clause 2 (2) (a).

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. 2006, c. 5, s. 26.

Review by Board

(5)  Upon receipt of a complaint under this section, the Board shall conduct a review of the matter. 2006, c. 5, s. 26.

Application

(6)  Subsections 68 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section. 2006, c. 5, s. 26.

Board decision

(7)  After reviewing the complaint, the Board may,

(a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;

(b) order the society to provide a response to the complainant within a period specified by the Board;

(c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;

(d) order the society to provide written reasons for a decision to a complainant;

(e) dismiss the complaint; or

(f) make such other order as may be prescribed. 2006, c. 5, s. 26.

No review if matter within purview of court

(8)  The Board 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. 2006, c. 5, s. 26.

Appeals

Appeal

69.  (1)  An appeal from a court’s order under this Part may be made to the Superior Court of Justice by,

(a) the child, if the child is entitled to participate in the proceeding under subsection 39 (6) (child’s participation);

(b) any parent of the child;

(c) the person who had charge of the child immediately before intervention under this Part;

(d) a Director or local director; or

(e) where the child is an Indian or a native person, a representative chosen by the child’s band or native community. R.S.O. 1990, c. C.11, s. 69 (1); 1999, c. 2, s. 35.

Exception

(2)  Subsection (1) does not apply to an order for an assessment under section 54. R.S.O. 1990, c. C.11, s. 69 (2).

Care and custody pending appeal

(3)  Where a decision regarding the care and custody of a child is appealed under subsection (1), execution of the decision shall be stayed for the ten days immediately following service of the notice of appeal on the court that made the decision, and where the child is in the society’s custody at the time the decision is made, the child shall remain in the care and custody of the society until,

(a) the ten-day period of the stay has expired; or

(b) an order is made under subsection (4),

whichever is earlier. R.S.O. 1990, c. C.11, s. 69 (3).

Temporary order

(4)  The Superior Court of Justice may, in the child’s best interests, make a temporary order for the child’s care and custody pending final disposition of the appeal, except an order placing the child in a place of secure custody as defined in Part IV (Youth Justice) or a place of secure temporary detention as defined in that Part that has not been designated as a place of safety, and the court may, on any party’s motion before the final disposition of the appeal, vary or terminate the order or make a further order. R.S.O. 1990, c. C.11, s. 69 (4); 1999, c. 2, s. 35; 2006, c. 19, Sched. D, s. 2 (10).

No extension where child placed for adoption

(5)  No extension of the time for an appeal shall be granted where the child has been placed for adoption under Part VII (Adoption). R.S.O. 1990, c. C.11, s. 69 (5).

Further evidence

(6)  The court may receive further evidence relating to events after the appealed decision. R.S.O. 1990, c. C.11, s. 69 (6).

Place of hearing

(7)  An appeal under this section shall be heard in the county or district in which the order appealed from was made. R.S.O. 1990, c. C.11, s. 69 (7).

s. 45 applies

(8)  Section 45 (hearings private, etc.) applies with necessary modifications to an appeal under this section. R.S.O. 1990, c. C.11, s. 69 (8).

Expiry of Orders

Time limit

70.(1)Subject to subsections (3) and (4), the court shall not make an order for society wardship under this Part that results in a child being a society ward for a period exceeding,

(a) 12 months, if the child is less than 6 years of age on the day the court makes an order for society wardship; or

(b) 24 months, if the child is 6 years of age or older on the day the court makes an order for society wardship.

Note: For the purposes of subsection (1), as re-enacted by the Statutes of Ontario, 1999, chapter 2, subsection 21 (1), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted. See: 1999, c. 2, s. 37 (3).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, subsection 21 (1), subsection (1) of this section, as it read before March 31, 2000, shall continue to apply with respect to a child who is in the care and custody of a society on March 31, 2000 so long as that child continues to be in the care and custody of a society. See: 1999, c. 2, ss. 37 (4), 38.

Same

(2)In calculating the period referred to in subsection (1), time during which a child has been in a society’s care and custody under,

(a) an agreement made under subsection 29 (1) or 30 (1) (temporary care or special needs agreement); or

(b) a temporary order made under clause 51 (2) (d),

shall be counted.

Note: For the purposes of subsection (2), as re-enacted by the Statutes of Ontario, 1999, chapter 2, subsection 21 (1), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted. See: 1999, c. 2, s. 37 (3).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, subsection 21 (1), subsection (2) of this section, as it read before March 31, 2000, shall continue to apply with respect to a child who is in the care and custody of a society on March 31, 2000 so long as that child continues to be in the care and custody of a society. See: 1999, c. 2, ss. 37 (4), 38.

Previous periods to be counted

(2.1)The period referred to in subsection (1) shall include any previous periods that the child was in a society’s care and custody as a society ward or as described in subsection (2) 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. 1999, c. 2, s. 21 (1).

Note: For the purposes of subsection (2.1), as enacted by the Statutes of Ontario, 1999, chapter 2, subsection 21 (1), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted. See: 1999, c. 2, s. 37 (3).

Idem

(3)Where the period referred to in subsection (1) or (4) expires and,

(a) an appeal of an order made under subsection 57 (1) has been commenced and is not yet finally disposed of; or

(b) the court has adjourned a hearing under section 65 (status review),

the period shall be deemed to be extended until the appeal has been finally disposed of and any new hearing ordered on appeal has been completed or an order has been made under section 65, as the case may be. R.S.O. 1990, c. C.11, s. 70 (3); 1999, c. 2, s. 21 (2).

Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, subsection 21 (2), subsection (3) of this section, as it read before March 31, 2000, shall continue to apply with respect to a child who is in the care and custody of a society on March 31, 2000 so long as that child continues to be in the care and custody of a society. See: 1999, c. 2, ss. 37 (4), 38.

Six-month extension

(4)Subject to paragraphs 2 and 4 of subsection 57 (1), the court may by order extend the period permitted under subsection (1) by a period not to exceed six months if it is in the child’s best interests to do so. 1999, c. 2, s. 21 (3).

Expiry of orders

71.  (1)  An order under this Part expires when the child who is the subject of the order,

(a) attains the age of eighteen years; or

(b) marries,

whichever comes first. R.S.O. 1990, c. C.11, s. 71 (1).

(2)  Repealed: 2006, c. 5, s. 27.

Extended Care

Extended care

71.1  (1)  A society may provide care and maintenance to a person in accordance with the regulations if,

(a) a custody order under subsection 65.2 (1) or an order for Crown wardship was made in relation to that person as a child; and

(b) the order expires under section 71. 2006, c. 5, s. 28.

Same, Indian and native person

(2)  A society or agency may provide care and maintenance in accordance with the regulations to a person who is an Indian or native person who is 18 years of age or more if,

(a) immediately before the person’s 18th birthday, he or she was being cared for under customary care as defined in section 208; and

(b) the person who was caring for the child was receiving a subsidy from the society or agency under section 212. 2006, c. 5, s. 28.

Duty to Report

Duty to report child in need of protection

72.  (1)  Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and the information on which it is based to a society:

1. 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.

2. 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.

3. The child has been sexually molested 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 molestation or sexual exploitation and fails to protect the child.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 is repealed by the Statutes of Ontario, 2008, chapter 21, subsection 3 (1) and the following substituted:

3. The child has been sexually molested or sexually exploited, including by child pornography, 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 molestation or sexual exploitation and fails to protect the child.

See: 2008, c. 21, ss. 3 (1), 6.

4. There is a risk that the child is likely to be sexually molested or sexually exploited as described in paragraph 3.

5. The child requires medical 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, or refuses or is unavailable or unable to consent to, the treatment.

6. 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.

7. The child has suffered emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm.

8. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 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.

9. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 and that the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm.

10. 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, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.

11. The child has been abandoned, the child’s parent has died or is unavailable to exercise his or her custodial rights 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.

12. The child is less than 12 years old 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, or refuses or is unavailable or unable to consent to, those services or treatment.

13. The child is less than 12 years old 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. 1999, c. 2, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 72 is amended by the Statutes of Ontario, 2008, chapter 21, subsection 3 (2) by adding the following subsections:

Reporting child pornography

(1.1)  In addition to the duty to report under subsection (1), any person who reasonably believes that a representation or material is, or might be, child pornography shall promptly report the information to an organization, agency or person designated by a regulation made under clause 216 (c.3). 2008, c. 21, s. 3 (2).

Seeking out child pornography not required or authorized

(1.2)  Nothing in this section requires or authorizes a person to seek out child pornography. 2008, c. 21, s. 3 (2).

Protection of informant

(1.3)  No action lies against a person for providing information in good faith in compliance with subsection (1.1). 2008, c. 21, s. 3 (2).

Identity of informant

(1.4)  Except as required or permitted in the course of a judicial proceeding, in the context of the provision of child welfare services, otherwise by law or with the written consent of an informant, no person shall disclose,

(a) the identity of an informant under subsection (1) or (1.1),

(i) to the family of the child reported to be in need of protection, or

(ii) to the person who is believed to have caused the child to be in need of protection; or

(b) the identity of an informant under subsection (1.1) to the person who possessed or accessed the representation or material that is or might be child pornography. 2008, c. 21, s. 3 (2).

Retaliation against informant prohibited

(1.5)  No person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage an informant under this section. 2008, c. 21, s. 3 (2).

See: 2008, c. 21, ss. 3 (2), 6.

Ongoing duty to report

(2)  A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) shall make a further report under subsection (1) even if he or she has made previous reports with respect to the same child. 1999, c. 2, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2008, chapter 21, subsection 3 (3) and the following substituted:

Ongoing duty to report

(2)  A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) or to believe that a representation or material is, or might be, child pornography under subsection (1.1) shall make a further report under subsection (1) or (1.1) even if he or she has made previous reports with respect to the same child. 2008, c. 21, s. 3 (3).

See: 2008, c. 21, ss. 3 (3), 6.

Person must report directly

(3)  A person who has a duty to report a matter under subsection (1) or (2) shall make the report directly to the society and shall not rely on any other person to report on his or her behalf. 1999, c. 2, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2008, chapter 21, subsection 3 (3) and the following substituted:

Person to report directly

(3)  A person who has a duty to report under subsection (1) or (2) shall make the report directly to the society, a person who has a duty to report under subsection (1.1) shall make the report directly to any organization, agency or person designated by regulation to receive such reports, and such persons shall not rely on any other person to report on their behalf. 2008, c. 21, s. 3 (3).

See: 2008, c. 21, ss. 3 (3), 6.

Offence

(4)  A person referred to in subsection (5) is guilty of an offence if,

(a) he or she contravenes subsection (1) or (2) by not reporting a suspicion; and

(b) the information on which it was based was obtained in the course of his or her professional or official duties. 1999, c. 2, s. 22 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 72 is amended by the Statutes of Ontario, 2008, chapter 21, subsection 3 (4) by adding the following subsections:

Same

(4.1)  A person is guilty of an offence if the person fails to report information as required under subsection (1.1). 2008, c. 21, s. 3 (4).

Same

(4.2)  A person is guilty of an offence if the person,

(a) discloses the identity of an informant in contravention of subsection (1.4); or

(b) dismisses, suspends, demotes, disciplines, harasses, interferes with or otherwise disadvantages an informant in contravention of subsection (1.5). 2008, c. 21, s. 3 (4).

See: 2008, c. 21, ss. 3 (4), 6.

Same

(5)  Subsection (4) applies to every person who performs professional or official duties with respect to children including,

(a) a health care professional, including a physician, nurse, dentist, pharmacist and psychologist;

(b) a teacher, school principal, social worker, family counsellor, operator or employee of a day nursery and youth and recreation worker;

(b.1) a religious official, including a priest, a rabbi and a member of the clergy;

(b.2) a mediator and an arbitrator;

(c) a peace officer and a coroner;

(d) a solicitor; and

(e) a service provider and an employee of a service provider. 1999, c. 2, s. 22 (3); 2006, c. 1, s. 2.

Same

(6)  In clause (5) (b),

“youth and recreation worker” does not include a volunteer. 1999, c. 2, s. 22 (3).

Same

(6.1)  A director, officer or employee of a corporation who authorizes, permits or concurs in a contravention of an offence under subsection (4) by an employee of the corporation is guilty of an offence. 1999, c. 2, s. 22 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6.1) is repealed by the Statutes of Ontario, 2008, chapter 21, subsection 3 (5) and the following substituted:

Same

(6.1)  A director, officer or employee of a corporation who authorizes, permits or concurs in a contravention of an offence under subsection (4) or (4.1) by an employee of the corporation is guilty of an offence. 2008, c. 21, s. 3 (5).

See: 2008, c. 21, ss. 3 (5), 6.

Same

(6.2)  A person convicted of an offence under subsection (4) or (6.1) is liable to a fine of not more than $1,000. 1999, c. 2, s. 22 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6.2) is repealed by the Statutes of Ontario, 2008, chapter 21, subsection 3 (6) and the following substituted:

Penalty

(6.2)  A person convicted of an offence under subsection (4), (4.1), (4.2) or (6.1) is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both. 2008, c. 21, s. 3 (6).

See: 2008, c. 21, ss. 3 (6), 6.

Section overrides privilege

(7)  This section applies although the information reported may be confidential or privileged, and no action for making the report shall be instituted against a person who acts in accordance with this section unless the person acts maliciously or without reasonable grounds for the suspicion. R.S.O. 1990, c. C.11, s. 72 (7); 1999, c. 2, s. 22 (4).

Exception: solicitor client privilege

(8)  Nothing in this section abrogates any privilege that may exist between a solicitor and his or her client. R.S.O. 1990, c. C.11, s. 72 (8).

Conflict

(9)  This section prevails despite anything in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 78 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2008, chapter 21, section 4 by adding the following section:

Action by organization receiving report of child pornography

72.0.1  (1)  An organization, agency or person that obtains information on child pornography under subsection 72 (1.1) shall review the report and, if it reasonably believes that the representation or material is or might be child pornography, it shall report the matter to a society or a law enforcement agency, or to both as necessary. 2008, c. 21, s. 4.

Annual report

(2)  The organization, agency or person shall prepare and submit to the Minister an annual report with respect to its activities and actions relating to information it obtains on child pornography, and the Minister shall submit the report to the Lieutenant Governor in Council and then table the report in the Assembly if it is in session or, if not, at the next session. 2008, c. 21, s. 4.

See: 2008, c. 21, ss. 4, 6.

Duty of society

72.1(1)A society that obtains information that a child in its care and custody is or may be suffering or may have suffered abuse shall forthwith report the information to a Director.

Definition

(2)In this section and sections 73 and 75,

“to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 37 (2) (a), (c), (e), (f), (f.1) or (h). 1999, c. 2, s. 23 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72.1 (2) is amended by the Statutes of Ontario, 1999, chapter 2, subsection 23 (2) by striking out “sections 73 and 75” and substituting “section 73”. See: 1999, c. 2, ss. 23 (2), 38.

Duty to report child’s death

72.2  A person or society that obtains information that a child has died shall report the information to a coroner if,

(a) a court made an order under this Act denying access to the child by a parent of the child or making the access subject to supervision;

(b) on the application of a society, a court varied the order to grant the access or to make it no longer subject to supervision; and

(c) the child subsequently died as a result of a criminal act committed by a parent or family member who had custody or charge of the child at the time of the act. 2006, c. 24, s. 1.

Review Teams

Review team

73.(1)In this section,

“review team” means a team established by a society under subsection (2).

Same

(2)Every society shall establish a review team that includes,

(a) persons who are professionally qualified to perform medical, psychological, developmental, educational or social assessments; and

(b) at least one legally qualified medical practitioner.

Chair

(3)The members of a review team shall choose a chair from among themselves.

Duty of team

(4)Whenever a society refers the case of a child who may be suffering or may have suffered abuse to its review team, the review team or a panel of at least three of its members, designated by the chair, shall,

(a) review the case; and

(b) recommend to the society how the child may be protected.

Disclosure to team permitted

(5)Despite the provisions of any other Act, a person may disclose to a review team or to any of its members information reasonably required for a review under subsection (4).

Subsection overrides privilege

(6)Subsection (5) applies although the information disclosed may be confidential or privileged and no action for disclosing the information shall be instituted against a person who acts in accordance with subsection (5), unless the person acts maliciously or without reasonable grounds.

Where child not to be returned without review or hearing

(7)Where a society with a review team has information that a child placed in its care under subsection 51 (2) (temporary care and custody) or subsection 57 (1) (order where child in need of protection) may have suffered abuse, the society shall not return the child to the care of the person who had charge of the child at the time of the possible abuse unless,

(a) the society has,

(i) referred the case to its review team, and

(ii) obtained and considered the review team’s recommendations; or

(b) the court has terminated the order placing the child in the society’s care. R.S.O. 1990, c. C.11, s. 73.

Court-Ordered Access to Records

Record

74.  (1)  In this section and sections 74.1 and 74.2,

“record” means recorded information, regardless of physical form or characteristics; (“dossier”)

“record of personal health information” has the same meaning as in the Mental Health Act. (“dossier de renseignements personnels sur la santé”) 1999, c. 2, s. 24 (1); 2004, c. 3, Sched. A, s. 78 (3).

Motion or application, production of record

(2)  A Director or a society may at any time make a motion or an application for an order under subsection (3) or (3.1) for the production of a record or part of a record. 1999, c. 2, s. 24 (1).

Order

(3)  Where the court is satisfied that a record or part of a record that is the subject of a motion referred to in subsection (2) contains information that may be relevant to a proceeding under this Part and that the person in possession or control of the record has refused to permit a Director or the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by the society or by the court. 1999, c. 2, s. 24 (1).

Same

(3.1)  Where the court is satisfied that a record or part of a record that is the subject of an application referred to in subsection (2) may be relevant to assessing compliance with one of the following and that the person in possession or control of the record has refused to permit a Director or the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by the society or by the court:

1. An order under clause 51 (2) (b) or (c) that is subject to supervision.

2. An order under clause 51 (2) (c) or (d) with respect to access.

3. A supervision order under section 57.

4. An access order under section 58.

5. An order with respect to access or supervision on an application under section 64 or 65.1.

5.1 A custody order under section 65.2.

6. A restraining order under section 80. 1999, c. 2, s. 24 (1); 2006, c. 5, s. 29.

Court may examine record

(4)  In considering whether to make an order under subsection (3) or (3.1), the court may examine the record. R.S.O. 1990, c. C.11, s. 74 (4); 1999, c. 2, s. 24 (2).

Information confidential

(5)  No person who obtains information by means of an order made under subsection (3) or (3.1) shall disclose the information except,

(a) as specified in the order; and

(b) in testimony in a proceeding under this Part. R.S.O. 1990, c. C.11, s. 74 (5); 1999, c. 2, s. 24 (3).

Conflict

(5.1)  Subsection (5) prevails despite anything in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 78 (4).

Application: solicitor client privilege excepted

(6)  Subject to subsection (7), this section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a solicitor and his or her client. R.S.O. 1990, c. C.11, s. 74 (6).

Matters to be considered by court

(7)  Where a motion or an application under subsection (2) concerns a record of personal health information, subsection 35 (6) (attending physician’s statement, hearing) of the Mental Health Act applies and the court shall give equal consideration to,

(a) the matters to be considered under subsection 35 (7) of that Act; and

(b) the need to protect the child. 1999, c. 2, s. 24 (4); 2004, c. 3, Sched. A, s. 78 (5).

Same

(8)  Where a motion or an application under subsection (2) concerns a record that is a record of a mental disorder within the meaning of section 183, that section applies and the court shall give equal consideration to,

(a) the matters to be considered under subsection 183 (6); and

(b) the need to protect the child. 1999, c. 2, s. 24 (4).

Warrant for access to record

74.1  (1)  The court or a justice of the peace may issue a warrant for access to a record or a specified part of it if the court or justice of the peace is satisfied on the basis of information on oath from a Director or a person designated by a society that there are reasonable grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection. 1999, c. 2, s. 25.

Authority conferred by warrant

(2)  The warrant authorizes the Director or the person designated by the society to,

(a) inspect the record specified in the warrant during normal business hours or during the hours specified in the warrant;

(b) make copies from the record in any manner that does not damage the record; and

(c) remove the record for the purpose of making copies. 1999, c. 2, s. 25.

Return of record

(3)  A person who removes a record under clause (2) (c) shall promptly return it after copying it. 1999, c. 2, s. 25.

Admissibility of copies

(4)  A copy of a record that is the subject of a warrant under this section and that is certified as being a true copy of the original by the person who made the copy is admissible in evidence to the same extent as and has the same evidentiary value as the record. 1999, c. 2, s. 25.

Duration of warrant

(5)  The warrant is valid for seven days. 1999, c. 2, s. 25.

Execution

(6)  The Director or the person designated by the society may call on a peace officer for assistance in executing the warrant. 1999, c. 2, s. 25.

Solicitor-client privilege

(7)  This section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a solicitor and his or her client. 1999, c. 2, s. 25.

Matters to be considered

(8)  If a warrant issued under this section concerns a record of personal health information and the warrant is challenged under subsection 35 (6) (attending physician’s statement, hearing) of the Mental Health Act, equal consideration shall be given to,

(a) the matters set out in subsection 35 (7) of that Act; and

(b) the need to protect the child. 1999, c. 2, s. 25; 2004, c. 3, Sched. A, s. 78 (6).

Same

(9)  If a warrant issued under this section concerns a record of a mental disorder within the meaning of section 183 and the warrant is challenged under section 183, equal consideration shall be given to,

(a) the matters set out in subsection 183 (6); and

(b) the need to protect the child. 1999, c. 2, s. 25.

Telewarrant

74.2(1)Where a Director or a person designated by a society believes that there are reasonable grounds for the issuance of a warrant under section 74.1 and that it would be impracticable to appear personally before the court or a justice of the peace to make application for a warrant in accordance with section 74.1, the Director or person designated by the society may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice.

Same

(2)The information shall,

(a) include a statement of the grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection; and

(b) set out the circumstances that make it impracticable for the Director or person designated by the society to appear personally before a court or justice of the peace.

Warrant to be issued

(3)The justice may issue a warrant for access to the record or the specified part of it if the justice is satisfied that the application discloses,

(a) reasonable grounds to believe that the record or the part of a record is relevant to investigate an allegation that a child is or may be in need of protection; and

(b) reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1.

Validity of warrant

(4)A warrant issued under this section is not subject to challenge by reason only that there were not reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1.

Application of provisions

(5)Subsections 74.1 (2) to (9) apply with necessary modifications with respect to a warrant issued under this section.

Definition

(6)In this section,

“justice” means justice of the peace, a judge of the Ontario Court of Justice or a judge of the Family Court of the Superior Court of Justice. 1999, c. 2, s. 26.

Child Abuse Register

Register

75.(1)In this section and in section 76,

“Director” means the person appointed under subsection (2); (“directeur”)

“register” means the register maintained under subsection (5); (“registre”)

“registered person” means a person identified in the register, but does not include,

(a) a person who reports to a society under subsection 72 (2) or (3) and is not the subject of the report, or

(b) the child who is the subject of a report. (“personne inscrite”)

Director

(2)The Minister may appoint an employee of the Ministry as Director for the purposes of this section.

Duty of society

(3)A society that receives a report under section 72 that a child, including a child in the society’s care, is or may be suffering or may have suffered abuse shall forthwith verify the reported information, or ensure that the information is verified by another society, in the manner determined by the Director, and if the information is verified, the society that verified it shall forthwith report it to the Director in the prescribed form.

Protection from liability

(4)No action or other proceeding for damages shall be instituted against an officer or employee of a society, acting in good faith, for an act done in the execution or intended execution of the duty imposed on the society by subsection (3) or for an alleged neglect or default of that duty.

Child abuse register

(5)The Director shall maintain a register in the manner prescribed by the regulations for the purpose of recording information reported to the Director under subsection (3), but the register shall not contain information that has the effect of identifying a person who reports to a society under subsection 72 (2) or (3) and is not the subject of the report.

Register confidential

(6)Despite any other Act, no person shall inspect, remove, alter or permit the inspection, removal or alteration of information maintained in the register, or disclose or permit the disclosure of information that the person obtained from the register, except as this section authorizes. R.S.O. 1990, c. C. 11, s. 75 (1-6).

Coroner’s inquest, etc.

(7)A person who is,

(a) a coroner, or a legally qualified medical practitioner or peace officer authorized in writing by a coroner, acting in connection with an investigation or inquest under the Coroners Act; or

(b) the Children’s Lawyer or the Children’s Lawyer’s authorized agent,

may inspect, remove and disclose information in the register in accordance with his or her authority. R.S.O. 1990, c. C. 11, s. 75 (7); 1994, c. 27, s. 43 (2).

Minister or Director may permit access to register

(8)The Minister or the Director may permit,

(a) a person who is employed by,

(i) the Ministry,

(ii) a society, or

(iii) a recognized child protection agency outside Ontario; or

(b) a person who is providing or proposes to provide counselling or treatment to a registered person,

to inspect and remove information in the register and to disclose the information to a person referred to in subsection (7) or to another person referred to in this subsection, subject to such terms and conditions as the Director may impose.

Director may disclose information

(9)The Minister or the Director may disclose information in the register to a person referred to in subsection (7) or (8).

Research

(10)A person who is engaged in research may, with the Director’s written approval, inspect and use the information in the register, but shall not,

(a) use or communicate the information for any purpose except research, academic pursuits or the compilation of statistical data; or

(b) communicate any information that may have the effect of identifying a person named in the register.

Registered person

(11)A child, a registered person or the child’s or registered person’s solicitor or agent may inspect only the information in the register that refers to the child or registered person.

Physician

(12)A legally qualified medical practitioner may, with the Director’s written approval, inspect the information in the register that is specified by the Director.

Amendment of register

(13)The Director or an employee of the Ministry acting under the Director’s authority,

(a) shall remove a name from or otherwise amend the register where the regulations require the removal or amendment; and

(b) may amend the register to correct an error.

Register inadmissible: exceptions

(14)The register shall not be admitted into evidence in a proceeding except,

(a) to prove compliance or non-compliance with this section;

(b) in a hearing or appeal under section 76;

(c) in a proceeding under the Coroners Act; or

(d) in a proceeding referred to in section 81 (recovery on child’s behalf). R.S.O. 1990, c. C.11, s. 75 (8-14).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 75 is repealed by the Statutes of Ontario, 1999, chapter 2, section 27. See: 1999, c. 2, ss. 27, 38.

Hearing re registered person

76.(1)In this section,

“hearing” means a hearing held under clause (4) (b).

Notice to registered person

(2)Where an entry is made in the register, the Director shall forthwith give written notice to each registered person referred to in the entry indicating that,

(a) the person is identified in the register;

(b) the person or the person’s solicitor or agent is entitled to inspect the information in the register that refers to or identifies the person; and

(c) the person is entitled to request that the Director remove the person’s name from or otherwise amend the register.

Request to amend register

(3)A registered person who receives notice under subsection (2) may request that the Director remove the person’s name from or otherwise amend the register.

Director’s response

(4)On receiving a request under subsection (3), the Director may,

(a) grant the request; or

(b) hold a hearing, on ten days written notice to the parties, to determine whether to grant or refuse the request.

Delegation

(5)The Director may authorize another person to hold a hearing and exercise the Director’s powers and duties under subsection (8).

Procedure

(6)The Statutory Powers Procedure Act applies to a hearing and a hearing shall be conducted in accordance with the prescribed practices and procedures.

Hearing

(7)The parties to a hearing are,

(a) the registered person;

(b) the society that verified the information referring to or identifying the registered person; and

(c) any other person specified by the Director.

Director’s decision

(8)Where the Director determines, after holding a hearing, that the information in the register with respect to a registered person is in error or should not be in the register, the Director shall remove the registered person’s name from or otherwise amend the register, and may order that the society’s records be amended to reflect the Director’s decision.

Appeal to Divisional Court

(9)A party to a hearing may appeal the Director’s decision to the Divisional Court.

Hearing private

(10)A hearing or appeal under this section shall be held in the absence of the public and no media representative shall be permitted to attend.

Publication

(11)No person shall publish or make public information that has the effect of identifying a witness at or a participant in a hearing, or a party to a hearing other than a society.

Record inadmissible: exception

(12)The record of a hearing or appeal under this section shall not be admitted into evidence in any other proceeding except a proceeding under clause 85 (1) (d) (confidentiality of register) or clause 85 (1) (e) (amendment of society’s records). R.S.O. 1990, c. C.11, s. 76.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 76 is repealed by the Statutes of Ontario, 1999, chapter 2, section 28. See: 1999, c. 2, ss. 28, 38.

Powers of Director

Director’s power to transfer

77.(1)A Director may direct, in the best interests of a child in the care or supervision of a society, that the child,

(a) be transferred to the care or supervision of another society; or

(b) be transferred from one placement to another placement designated by the Director.

Criteria

(2)In determining whether to direct a transfer under clause (1) (b), the Director shall take into account,

(a) the length of time the child has spent in the existing placement;

(b) the views of the foster parents; and

(c) the views and preferences of the child, where they are reasonably ascertainable. R.S.O. 1990, c. C.11, s. 77.

Homemakers

Homemaker

78.(1)In this section,

“homemaker” means a person who is approved by a Director or local director for the purposes of this section.

Homemaker may remain on premises

(2)Where it appears to a person entering premises under section 40 or 44 that,

(a) a child who in the person’s opinion is unable to care for himself or herself has been left on the premises without competent care or supervision; and

(b) no person having charge of the child is available or able to consent to the placement of a homemaker on the premises,

the person may, instead of taking the child to a place of safety,

(c) remain on the premises; or

(d) arrange with a society for the placement of a homemaker on the premises.

Homemaker’s authority

(3)A homemaker who remains or is placed on premises under subsection (2) may enter and live there, carry on normal housekeeping activities that are reasonably necessary for the care of any child on the premises and exercise reasonable control and discipline over any such child.

Protection from personal liability

(4)No action shall be instituted against a homemaker who remains or is placed on premises under subsection (2) for,

(a) entering and living on the premises;

(b) anything done or omitted in connection with normal housekeeping activities on the premises;

(c) providing goods and services reasonably necessary for the care of any child on the premises; or

(d) the exercise of reasonable control and discipline over any child on the premises,

so long as the homemaker acts in good faith with reasonable care in the circumstances.

Notice to person having charge of child

(5)Where a homemaker remains or is placed on premises under subsection (2), the society shall forthwith notify or make reasonable efforts to notify the person last having charge of the child that a homemaker has been placed on the premises.

Court order, etc.

(6)Where a child with whom a homemaker has been placed under subsection (2),

(a) is found not to be in need of protection, the homemaker shall leave the premises; or

(b) is found to be in need of protection, the court may authorize the homemaker to remain on the premises until,

(i) a specified day not more than thirty days from the date of the order, or

(ii) a person who is entitled to custody of the child returns to care for the child,

whichever is sooner.

Extension

(7)Where no person returns to care for the child before the day specified in an order under clause (6) (b), the court may,

(a) extend the order; or

(b) hold a further hearing under section 47 and make an order under section 57. R.S.O. 1990, c. C.11, s. 78.

Offences, Restraining Orders, Recovery on Child’s Behalf

Abuse, failure to provide for reasonable care, etc.

Definition

79.(1)In this section,

“abuse” means a state or condition of being physically harmed, sexually molested or sexually exploited.

Child abuse

(2)No person having charge of a child shall,

(a) inflict abuse on the child; or

(b) by failing to care and provide for or supervise and protect the child adequately,

(i) permit the child to suffer abuse, or

(ii) permit the child to suffer from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development.

Leaving child unattended

(3)No person having charge of a child less than sixteen years of age shall leave the child without making provision for his or her supervision and care that is reasonable in the circumstances.

Reverse onus

(4)Where a person is charged with contravening subsection (3) and the child is less than ten years of age, the onus of establishing that the person made provision for the child’s supervision and care that was reasonable in the circumstances rests with the person.

Allowing child to loiter, etc.

(5)No parent of a child less than sixteen years of age shall permit the child to,

(a) loiter in a public place between the hours of midnight and 6 a.m.; or

(b) be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child.

Police may take child home or to place of safety

(6)Where a child who is actually or apparently less than sixteen years of age is in a place to which the public has access between the hours of midnight and 6 a.m. and is not accompanied by a person described in clause (5) (b), a peace officer may apprehend the child without a warrant and proceed as if the child had been apprehended under subsection 42 (1).

Child protection hearing

(7)The court may, in connection with a case arising under subsection (2), (3) or (5), proceed under this Part as if an application had been made under subsection 40 (1) (child protection proceeding) in respect of the child. R.S.O. 1990, c. C.11, s. 79.

Restraining order

80.  (1)  Instead of making an order under subsection 57 (1) or section 65.2 or in addition to making a temporary order under subsection 51 (2) or an order under subsection 57 (1) or section 65.2, the court may make one or more of the following orders in the child’s best interests:

1. An order restraining or prohibiting a person’s access to or contact with the child, and may include in the order such directions as the court considers appropriate for implementing the order and protecting the child.

2. An order restraining or prohibiting a person’s contact with the person who has lawful custody of the child following a temporary order under subsection 51 (2) or an order under subsection 57 (1) or clause 65.2 (1) (a) or (b). 2006, c. 5, s. 30 (1).

Idem: notice

(2)  An order shall not be made under subsection (1) unless notice of the proceeding has been served personally on the person to be named in the order. R.S.O. 1990, c. C.11, s. 80 (2).

Duration of the order

(3)  An order made under subsection (1) shall continue in force for such period as the court considers in the best interests of the child and,

(a) if the order is made in addition to a temporary order under subsection 51 (2) or an order made under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c), the order may provide that it continues in force, unless it is varied, extended or terminated by the court, as long as the temporary order under subsection 51 (2) or the order under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c), as the case may be, remains in force; or

(b) if the order is made instead of an order under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c) or if the order is made in addition to an order under clause 65.2 (1) (d), the order may provide that it continues in force until it is varied or terminated by the court. 2006, c. 5, s. 30 (2).

Extension, variation and termination

(4)  An application for the extension, variation or termination of an order made under subsection (1) may be made by,

(a) the person who is the subject of the order;

(b) the child;

(c) the person having charge of the child;

(d) a society;

(e) a Director; or

(f) where the child is an Indian or a native person, a representative chosen by the child’s band or native community. R.S.O. 1990, c. C.11, s. 80 (4).

Idem

(5)  Where an application is made under subsection (4), the court may, in the child’s best interests,

(a) extend the order for such period as the court considers to be in the best interests of the child, in the case of an order described in clause (3) (a); or

(b) vary or terminate the order. R.S.O. 1990, c. C.11, s. 80 (5); 2006, c. 5, s. 30 (3).

Child in society’s care not to be returned while order in force

(6)  Where a society has care of a child and an order made under subsection (1) prohibiting a person’s access to the child is in force, the society shall not return the child to the care of,

(a) the person named in the order; or

(b) a person who may permit that person to have access to the child. R.S.O. 1990, c. C.11, s. 80 (6).

Recovery because of abuse

81.(1)In this section,

“to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 37 (2) (a), (c), (e), (f), (f.1) or (h). R.S.O. 1990, c. C.11, s. 81 (1); 1999, c. 2, s. 29.

Recovery on child’s behalf

(2)When the Children’s Lawyer is of the opinion that a child has a cause of action or other claim because the child has suffered abuse, the Children’s Lawyer may, if he or she considers it to be in the child’s best interests, institute and conduct proceedings on the child’s behalf for the recovery of damages or other compensation. R.S.O. 1990, c. C.11, s. 81 (2); 1994, c. 27, s. 43 (2).

Idem: society

(3)Where a child is in a society’s care and custody, subsection (2) also applies to the society with necessary modifications. R.S.O. 1990, c. C.11, s. 81 (3).

Prohibition

82.No person shall place a child in the care and custody of a society, and no society shall take a child into its care and custody, except,

(a) in accordance with this Part; or

(b) under an agreement made under subsection 29 (1) or 30 (1) (temporary care or special needs agreement) of Part II (Voluntary Access to Services). R.S.O. 1990, c. C.11, s. 82.

Offence

83.  If a child is the subject of an order for society wardship under subsection 57 (1) or an order for society supervision or Crown wardship under that subsection or subsection 65.2 (1), no person shall,

(a) induce or attempt to induce the child to leave the care of the person with whom the child is placed by the court or by the society, as the case may be;

(b) detain or harbour the child after the person or society referred to in clause (a) requires that the child be returned;

(c) interfere with the child or remove or attempt to remove the child from any place; or

(d) for the purpose of interfering with the child, visit or communicate with the person referred to in clause (a). R.S.O. 1990, c. C.11, s. 83; 2006, c. 5, s. 31.

Offence

84.No person shall,

(a) knowingly give false information in an application under this Part; or

(b) obstruct, interfere with or attempt to obstruct or interfere with a child protection worker or a peace officer who is acting under section 40, 41, 42, 43 or 44. R.S.O. 1990, c. C.11, s. 84.

Offences

85.(1)A person who contravenes,

(a) an order for access made under subsection 58 (1);

(b) Repealed: 1999, c. 2, s. 30 (1).

(c) subsection 74 (5) (disclosure of information obtained by court order);

(d) subsection 75 (6) or (10) (confidentiality of child abuse register);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 1999, chapter 2, subsection 30 (2). See: 1999, c. 2, ss. 30 (2), 38.

(e) an order made under subsection 76 (8) (amendment of society’s records);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 1999, chapter 2, subsection 30 (3). See: 1999, c. 2, ss. 30 (3), 38.

(f) subsection 79 (3) or (5) (leaving child unattended, etc.);

(g) a restraining order made under subsection 80 (1);

(h) section 82 (unauthorized placement);

(i) any provision of section 83 (interference with child, etc.); or

(j) clause 84 (a) or (b),

and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. C.11, s. 85 (1); 1999, c. 2, s. 30 (1, 4).

Idem

(2)A person who contravenes subsection 79 (2) (child abuse), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than two years, or to both.

Idem

(3)A person who contravenes subsection 45 (8) or 76 (11) (publication of identifying information) or an order prohibiting publication made under clause 45 (7) (c) or subsection 45 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both. R.S.O. 1990, c. C.11, s. 85 (2, 3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1999, chapter 2, subsection 30 (5) by striking out “or 76 (11)”. See: 1999, c. 2, ss. 30 (5), 38.

Child’s Religious Faith

How child’s religious faith determined

86.(1)For the purposes of this section, a child shall be deemed to have the religious faith agreed upon by the child’s parent, but where there is no agreement or the court cannot readily determine what the religious faith agreed upon is or whether any religious faith is agreed upon, the court may decide what the child’s religious faith is, if any, on the basis of the child’s circumstances.

Child’s wishes to be consulted

(2)The court shall consider the child’s views and wishes, if they can be reasonably ascertained, in determining what the child’s religious faith is, if any.

Religious faith of child

(3)A Protestant child shall not be committed under this Part to the care of a Roman Catholic society or institution and a Roman Catholic child shall not be committed under this Part to a Protestant society or institution, and a Protestant child shall not be placed in a foster home with a Roman Catholic family and a Roman Catholic child shall not be placed in a foster home with a Protestant family, and, where a child committed under this Part is other than Protestant or Roman Catholic, the child shall be placed where practicable with a family of his or her own religious faith, if any.

Where only one society

(4)Subsection (3) does not apply to the commitment of a child to the care of a society in a municipality in which there is only one society.

Director’s discretion re foster placement

(5)Where a society,

(a) is unable to place a child in a suitable foster home within a reasonable time because of the operation of subsection (3); and

(b) would be able to place the child in a suitable foster home but for the operation of subsection (3),

the society may apply to a Director who may order that subsection (3) does not apply to the child in respect of the placement. R.S.O. 1990, c. C.11, s. 86.

Injunctions

Injunction

87.(1)The Superior Court of Justice may grant an injunction to restrain a person from contravening section 83, on the society’s application. R.S.O. 1990, c. C.11, s. 87 (1); 1999, c. 2, s. 35.

Variation, etc.

(2)The court may vary or terminate an order made under subsection (1), on any person’s application. R.S.O. 1990, c. C.11, s. 87 (2).

PART IV
YOUTH JUSTICE

Definitions

88.  In this Part,

“bailiff” means a bailiff appointed under clause 90 (1) (c); (“huissier”)

“Board” means the Custody Review Board established under subsection 96 (1); (“Commission”)

“probation officer” means,

(a) a person appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a youth worker under the Young Offenders Act (Canada) or under the federal Act, or

(b) a probation officer appointed under clause 90 (1) (b); (“agent de probation”)

“services and programs” means services and programs provided pursuant to the Young Offenders Act (Canada), the federal Act or the Provincial Offences Act and other related services and programs; (“services et programmes”) 2006, c. 19, Sched. D, s. 2 (12); 2009, c. 2, s. 2.

Programs and Officers

Services and programs

89.  (1)  The Minister may,

(a) establish, operate and maintain services and programs; and

(b) make agreements with persons for the provision of services and programs,

for or on behalf of young persons for the purposes of the Young Offenders Act (Canada), the federal Act and the Provincial Offences Act, and may make payments for those services and programs out of legislative appropriations. R.S.O. 1990, c. C.11, s. 89 (1); 2006, c. 19, Sched. D, s. 2 (13).

Secure and open temporary detention programs

(2)  The Minister may establish,

(a) secure temporary detention programs, in which restrictions are continuously imposed on the liberty of young persons by physical barriers, close staff supervision or limited access to the community; and

(b) open temporary detention programs, in which restrictions that are less stringent than in a secure temporary detention program are imposed on the liberty of young persons,

in places of temporary detention. R.S.O. 1990, c. C.11, s. 89 (2).

Secure custody programs

(3)  The Minister may establish secure custody programs in places of secure custody. 2006, c. 19, Sched. D, s. 2 (14).

Open custody programs

(4)  The Minister may establish open custody programs in places of open custody. R.S.O. 1990, c. C.11, s. 89 (4).

Where locking up permitted

(5)  A place of secure custody and a place of secure temporary detention may be locked for the detention of young persons. R.S.O. 1990, c. C.11, s. 89 (5).

Appointments by Minister

90.  (1)  The Minister may appoint any person or class of persons as,

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the federal Act,

(ii) under the Young Offenders Act (Canada), and

(iii) under this Act and the regulations;

(b) a probation officer, to perform any or all of the duties and functions,

(i) of a youth worker under the federal Act and under the Young Offenders Act (Canada),

(ii) of a probation officer for the purpose of dealing with young persons under the Provincial Offences Act, and

(iii) of a probation officer under this Act and the regulations; and

(c) a bailiff, to perform any or all of the duties and functions of a bailiff under the regulations. R.S.O. 1990, c. C.11, s. 90 (1); 2006, c. 19, Sched. D, s. 2 (15, 16); 2009, c. 2, s. 3 (1-3).

Limitations, etc., on appointments

(2)  The Minister may set out in an appointment made under subsection (1) any conditions or limitations to which it is subject. R.S.O. 1990, c. C.11, s. 90 (2).

Probation officer and bailiff have powers of peace officer

(3)  While performing their duties and functions, a probation officer appointed under clause (1) (b) and a bailiff appointed under clause (1) (c) have the powers of a peace officer. R.S.O. 1990, c. C.11, s. 90 (3).

Designation of peace officers

(3.1)  The Minister may designate in writing,

(a) a person who is an employee in the Ministry or is employed in a place of open custody, of secure custody or of temporary detention to be a peace officer while performing the person’s duties and functions; or

(b) a class of persons, from among the persons described in clause (a), to be peace officers while performing their duties and functions,

and may set out in the designation any conditions or limitations to which it is subject. 2009, c. 2, s. 3 (4).

Remuneration and expenses

(4)  The remuneration and expenses of a person appointed under subsection (1) 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 legislative appropriations. R.S.O. 1990, c. C.11, s. 90 (4); 2006, c. 35, Sched. C, s. 14 (2).

91.  Repealed: 2009, c. 2, s. 4.

Reports and information

92.A person in charge of a service or program provided under subsection 89 (1), a person in charge of a place of temporary detention, open custody or secure custody, a bailiff and a probation officer,

(a) shall make the prescribed reports and furnish the prescribed information to the Minister, in the prescribed form and at the prescribed intervals; and

(b) shall make a report to the Minister whenever the Minister requests it, in the form and containing the information specified by the Minister. R.S.O. 1990, c. C.11, s. 92.

Temporary Detention

Open and secure detention

Open detention unless provincial director determines otherwise

93.  (1)  A young person who is detained under the federal Act or the Young Offenders Act (Canada) in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention. R.S.O. 1990, c. C.11, s. 93 (1); 2006, c. 19, Sched. D, s. 2 (18).

Where secure detention available

(2)  A provincial director may detain a young person in a place of secure temporary detention if the provincial director is satisfied that it is necessary on one of the following grounds:

1. The young person is charged with an offence for which an adult would be liable to imprisonment for five years or more and,

i. the offence includes causing or attempting to cause serious bodily harm to another person,

ii. the young person has, at any time, failed to appear in court when required to do so under the federal Act or the Young Offenders Act (Canada) or escaped or attempted to escape from lawful detention, or

iii. the young person has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more.

2. The young person is detained in a place of temporary detention and leaves or attempts to leave without the consent of the person in charge or is charged with having escaped or attempting to escape from lawful custody or being unlawfully at large under the Criminal Code (Canada).

3. The provincial director is satisfied, having regard to all the circumstances, including any substantial likelihood the young person will commit a criminal offence or interfere with the administration of justice if placed in a place of open temporary detention, that it is necessary to detain the young person in a place of secure temporary detention,

i. to ensure the young person’s attendance at court,

ii. for the protection and safety of the public, or

iii. for the safety or security within a place of temporary detention. 2009, c. 2, s. 5 (1).

Idem

(3)  Despite subsection (1), a young person who is apprehended because he or she has left or has not returned to a place of secure custody may be detained in a place of secure temporary detention until he or she is returned to the first-named place of custody. R.S.O. 1990, c. C.11, s. 93 (3); 2006, c. 19, Sched. D, s. 2 (20).

Idem

(4)  Despite subsection (1), a young person who is detained under the federal Act or under the Young Offenders Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding twenty-four hours while a provincial director makes a determination in respect of the young person under subsection (2). R.S.O. 1990, c. C.11, s. 93 (4); 2006, c. 19, Sched. D, s. 2 (21).

Review by youth justice court

(5)  A young person who is being detained in a place of secure temporary detention and who is brought before a youth justice court for a review of an order for detention made under the federal Act or the Criminal Code (Canada) may request that the youth justice court review the level of his or her detention. 2009, c. 2, s. 5 (2).

Same

(6)  The youth justice court conducting a review of an order for detention may confirm the provincial director’s decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention. 2009, c. 2, s. 5 (2).

Application for return to secure temporary detention

(7)  A provincial director may apply to a youth justice court for a review of an order directing that a young person be transferred to a place of open temporary detention under subsection (6) on the basis that,

(a) the provincial director is satisfied that because of a material change in the circumstances; or

(b) on any other grounds that the provincial director considers appropriate,

it is necessary that the young person be returned to a place of secure temporary detention. 2009, c. 2, s. 5 (2).

Same

(8)  The youth justice court conducting a review of an order transferring a young person to a place of open temporary detention may confirm the court’s decision under subsection (6) or may direct that the young person be transferred to a place of secure temporary detention. 2009, c. 2, s. 5 (2).

Custody

94. Repealed: 2006, c. 19, Sched. D, s. 2 (23).

Young persons in open custody

95.  Where a young person is sentenced to a term of imprisonment for breach of probation under clause 75 (d) of the Provincial Offences Act, to be served in open custody as set out in section 103 of that Act,

(a) the young person shall be held in a place of open custody specified by a provincial director; and

(b) the provisions of section 91 (reintegration leave) of the federal Act apply with necessary modifications. R.S.O. 1990, c. C.11, s. 95; 2006, c. 19, Sched. D, s. 2 (24).

Custody Review Board

Custody Review Board

96.(1)The Custody Review Board is continued under the name Custody Review Board in English and Commission de révision des placements sous garde in French and shall have the powers and duties given to it by this Part and the regulations. R.S.O. 1990, c. C.11, s. 96 (1).

Chair and vice-chairs

(2)The Board shall be composed of the prescribed number of members who shall be appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. C.11, s. 96 (2).

Members

(3)The Lieutenant Governor in Council may appoint a member of the Board as chair and may appoint one or more other members as vice-chairs. R.S.O. 1990, c. C.11, s. 96 (3).

(4)  Repealed: 2006, c. 34, s. 28 (1).

Quorum

(5)The prescribed number of members of the Board are a quorum. R.S.O. 1990, c. C.11, s. 96 (5).

Remuneration

(6)The chair and vice-chairs and the other members of the Board shall be paid the daily allowances determined by the Lieutenant Governor in Council and are entitled to their reasonable and necessary travelling and living expenses while attending meetings or otherwise engaged in the work of the Board. R.S.O. 1990, c. C.11, s. 96 (6).

Duties of Board

(7)The Board shall conduct reviews under section 97 and perform such other duties as are assigned to it by the regulations. R.S.O. 1990, c. C.11, s. 96 (7).

Application to Board

97.  (1)  A young person may apply to the Board for a review of,

(a) Repealed: 2006, c. 19, Sched. D, s. 2 (25).

(b) the particular place where the young person is held or to which the young person has been transferred;

(c) a provincial director’s refusal to authorize the young person’s temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the federal Act; or

(d) the young person’s transfer from a place of open custody to a place of secure custody under subsection 24.2 (9) of the Young Offenders Act (Canada) in accordance with section 88 of the federal Act,

within thirty days of the decision, placement or transfer, as the case may be. R.S.O. 1990, c. C.11, s. 97 (1); 2006, c. 19, Sched. D, s. 2 (25-27).

Duty of Board

(2)  The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. R.S.O. 1990, c. C.11, s. 97 (2).

Idem

(3)  The Board shall advise the young person whether it intends to hold a hearing or not within ten days of receiving the young person’s application. R.S.O. 1990, c. C.11, s. 97 (3).

Procedure

(4)  The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2). R.S.O. 1990, c. C.11, s. 97 (4).

Idem

(5)  The Board shall complete its review and make a determination within thirty days of receiving a young person’s application, unless,

(a) the Board holds a hearing with respect to the application; and

(b) the young person and the provincial director whose decision is being reviewed consent to a longer period for the Board’s determination. R.S.O. 1990, c. C.11, s. 97 (5).

Board’s recommendations

(6)  After conducting a review under subsection (2), the Board may,

(a) recommend to the provincial director,

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person’s needs, that the young person be transferred to another place,

(ii) that the young person’s temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person’s reintegration leave be authorized under section 91 of the federal Act, or

(iii) where the young person has been transferred as described in clause (1) (d), that the young person be returned to a place of open custody; or

(b) confirm the decision, placement or transfer. R.S.O. 1990, c. C.11, s. 97 (6); 1993, c. 27, Sched.; 2006, c. 19, Sched. D, s. 2 (28).

Apprehension of Young Persons who are Absent from Custody without Permission

Apprehension

Apprehension of young person absent from place of temporary detention

98.  (1)  A peace officer, the person in charge of a place of temporary detention or that person’s delegate, who believes on reasonable and probable grounds that a young person detained under the Young Offenders Act (Canada) or the federal Act or the Provincial Offences Act in a place of temporary detention has left the place without the consent of the person in charge and fails or refuses to return there may apprehend the young person with or without a warrant and take the young person or arrange for the young person to be taken to a place of temporary detention. R.S.O. 1990, c. C.11, s. 98 (1); 2006, c. 19, Sched. D, s. 2 (29).

Idem: place of open custody

(2)  A peace officer, the person in charge of a place of open custody or that person’s delegate, who believes on reasonable and probable grounds that a young person held in a place of open custody as described in section 95,

(a) has left the place without the consent of the person