41:2 Bill 32, Right to Care Act (Children 16 Years of Age and Older), 2016

McDonell, Jim

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Bill 32                                                                                                                                                    2016

An Act to amend the Child and Family Services Act with respect to children 16 years of age and older

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 1 (2) of the Child and Family Services Act is amended by adding the following paragraph:

    6.  To recognize that services provided under the Act should be provided in accordance with the United Nations Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on November 20, 1989, and to which Canada is a party.

   2.  (1)  Section 29 of the Act is amended by adding the following subsections:

Same — child 16 or older

   (1.1)  A child who is 16 years of age or older and the society having jurisdiction where the child resides may, at the request of the child, make a written agreement for the society’s care and custody of the child if the person who has custody of the child is temporarily unable to care adequately for the child.

Same — no refusal

   (1.2)  If a child makes a request for a temporary care agreement under subsection (1.1), the society shall not refuse to make the agreement if the society determines that the person who has custody of the child is temporarily unable to care adequately for the child.

   (2)  Subsection 29 (2) of the Act is repealed and the following substituted:

Child’s age

   (2)  No temporary care agreement shall be made in respect of a child who is 12 years of age or older, unless the child is a party to the agreement.

   (3)  Subsection 29 (3) of the Act is amended by striking out “Clause (2) (b)” at the beginning and substituting “Subsection (2)”.

   (4)  Subsection 29 (5) of the Act is repealed and the following substituted:

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,

  (a)  an aggregate of 12 months, if the child is less than 16 years of age on the day the agreement is entered into;

  (b)  an aggregate of 24 months, if the child is 16 or 17 years of age on the day the agreement is entered into. 

   (5)  Section 29 of the Act is amended by adding the following subsection:

Exception

   (8.1)  Paragraphs 3, 4 and 5 of subsection (8) do not apply to a temporary care agreement made in respect of a child who is 16 or 17 years of age.

   (6)  Section 29 of the Act is amended by adding the following subsections:

No bar on extended care

   (11)  For greater certainty, nothing in this section prevents a society or agency from providing care and maintenance to a person under section 71.1 or the regulations.

No bar on extended care or income support

   (12)  For greater certainty, nothing in this section prevents the following:

    1.  A society or agency from providing care and maintenance to a person under section 71.1 or the regulations.

    2.  A person who is otherwise entitled to basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 from receiving that support or assistance.

Commencement

   3.  This Act comes into force on the day that is six months after the day this Act receives Royal Assent. 

Short title

   4.  The short title of this Act is the Right to Care Act (Children 16 Years of Age and Older), 2016.

 

EXPLANATORY NOTE

The Bill amends the Child and Family Services Act.

Section 1 of the Act is amended to include a new purpose of the Act, which is to recognize that services provided under the Act should be provided in accordance with the United Nations Convention on the Rights of the Child.

At present, section 29 of the Act prohibits a temporary care agreement from being made in respect of a child who is 16 years of age or older. Section 29 is amended to allow temporary care agreements to be made in respect of children who are 16 years of age or older.

 

 

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