41:2 Bill 89, Supporting Children, Youth and Families Act, 2017

Coteau, Hon Michael Minister of Children and Youth Services

Viewing: Royal Assent (current version) pdf

Supporting Children, Youth and Families Act, 2017

This Explanatory Note was written as a reader’s aid to Bill 89 and does not form part of the law.
Bill 89 has been enacted as Chapter 14 of the Statutes of Ontario, 2017.

EXPLANATORY NOTE

The Bill is divided into four Schedules.

Schedule 1 repeals the Child and Family Services Act and enacts the Child, Youth and Family Services Act, 2017 in its place.

Schedule 2 amends the Child and Family Services Act while it is still in force, that is, before its repeal by Schedule 1.

Schedule 3 amends the new Act, the Child, Youth and Family Services Act, 2017.

Schedule 4 contains related and other amendments to 36 other Acts.

schedule 1
Child, Youth and Family Services Act, 2017

The current Act refers throughout to Indian and native children, and gives certain rights of notice and participation to a representative chosen by the child’s band or native community. The new Act refers to First Nations, Inuit and Métis children and young persons, and gives rights of notice and participation to a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities.  All references to a child’s or young person’s bands and First Nations, Inuit or Métis communities in the new Act include any band of which the child or young person is a member, any band with which the child or young person identifies, any First Nations, Inuit or Métis community that is listed in a regulation and of which the child or young person is a member, and any First Nations, Inuit or Métis community that is listed in a regulation and with which the child or young person identifies.

Significant changes are made to terminology. The terms society ward and Crown ward are no longer used.  Instead, the new Act refers to children who are in interim society care or extended society care, respectively. The new Act does not refer to children being abandoned or to runaways.  And the new Act speaks of bringing children to a place of safety, instead of being apprehended, and of dealing with matters, not dealing with children.

The new Child, Youth and Family Services Act, 2017 is, like the current Child and Family Services Act, divided into Parts.  Following is an explanation of each Part and, in particular, how each differs from the current Act.

Part I Purpose and Interpretation

The paramount purpose of the Act — to promote the best interests, protection and well-being of children — remains unchanged from the current Act.

The additional purposes of the Act are expanded to include the following:

         To recognize that services to children and young persons should be provided in a manner that respects regional differences wherever possible and takes into account,

                physical, emotional, spiritual, mental and developmental needs and differences among children and young persons;

                a child’s or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression; and

                a child’s or young person’s cultural and linguistic needs.

         To recognize that services to children and young persons and their families should be provided in a manner that builds on the strengths of the families wherever possible.

One of the additional purposes in the current Act is to recognize that 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.  This is amended to refer to First Nations, Inuit and Métis children and young persons and families and to their cultures, heritages and traditions and is expanded to also recognize connection to their communities.

There is no longer specific reference to a child’s or young person’s religion in the additional purposes of the Act.  However, a child’s or young person’s creed is listed as one of several factors to be considered throughout the new Act. “Creed” is defined to include religion.

Part II Children’s and Young Persons’ Rights

This consolidates the rights of children and young persons found in section 2 and Parts I and V of the current Act.

New provisions are added as follows: restricting service providers and foster parents from using physical restraint on children and young persons except as authorized by the regulations, and from using mechanical restraints on children and young persons except as permitted by Parts VI (Youth Justice) and VII (Extraordinary Measures) and the regulations.  The provision in the current Act prohibiting service providers from detaining a child in locked premises except as authorized under the Youth Justice and Extraordinary Measures parts of that Act is maintained; it now expressly applies to foster parents as well as service providers and in respect of young persons as well as children. 

In addition, a new statement of rights of children and young persons is added at the outset of the Part, including their right to express their own views freely and safely, to be engaged through honest and respectful dialogue, to have their views given due weight in accordance with their age and maturity and to be informed, in language suitable to their understanding, of their rights and of the existence and role of, and how to contact, the Provincial Advocate for Children and Youth. The procedures in the current Act for making complaints against service providers regarding alleged violations of the rights of children also applies under the new Act to complaints regarding limitations or conditions imposed on visitors and visits.  A child or other person may make a complaint as an individual or as part of a group.

Part III Funding and Accountability

This Part replaces Part I of the current Act.  There are several additions as follows.

The Minister may designate entities as lead agencies, which must perform the functions assigned to the lead agency’s category by the regulations.  The Minister may issue binding directives to certain service providers and lead agencies.  A program supervisor may issue compliance orders to certain service providers and lead agencies for failure to comply with, among other things, the Act, the regulations or the directives.

The functions of children’s aid societies are set out in this Part and remain essentially the same.  One change is that societies are now responsible for investigating allegations that a child is in need of protection and for protecting children in their care, for all children up to the age of 18; in the current Act, these responsibilities are limited to children younger than 16 and to 16 and 17 year olds who are subject to protection orders.

This Part now includes a requirement that every society enter into an accountability agreement with the Minister as a condition of receiving funding; this is currently a requirement in the regulations under the Act, and is being made a statutory requirement in the new Act.

The Minister may issue binding directives to societies.  A Director may issue compliance orders to societies for failure to comply with, among other things, the Act, the regulations, an accountability agreement or the directives.

If a society fails to comply with a compliance order, or if the Minister considers it to be in the public interest, the Minister may make a variety of different orders, including ordering a society to take corrective action, suspending, amending or revoking the society’s designation, appointing or replacing members of the society’s board of directors, designating or replacing a chair of the board, or appointing a supervisor to operate and manage the society.  Unless certain conditions exist, the Minister must notify the society of the intention to make such an order, and the society has a right to make a written response.

This Part sets out rules for two or more societies that are proposing to amalgamate and to continue as one society.  The Minister may order that a society amalgamate with one or more other societies, or undertake other types of restructuring, if the Minister considers it to be in the public interest.  The Minister must notify the society of the intention to make such an order and the society has a right to make a written response to the directions contained in the order, but not to the requirement to amalgamate.  In certain circumstances, the Minister may also appoint a supervisor to implement or facilitate the implementation of such an order. A society that receives notice of a proposed order to amalgamate or otherwise restructure must give a copy of the notice to affected employees and their bargaining agents, and on receipt of a final order to amalgamate or otherwise restructure, the society must give notice of the order to affected employees and their bargaining agents and other persons or entities whose contracts are affected by the order, and must make the order available to the public.

The rules for allowing a program supervisor to enter and inspect certain premises to determine compliance with the Act and the regulations are expanded.  This Part now sets out rules for such inspections without and with a warrant.

Provisions governing residential placement advisory committees have been moved from Part II (Voluntary Access to Services) in the current Act to this Part in the new Act with the following changes:  the current Act lists persons to be included in the committees, while the new Act provides that the committees may include the listed persons; the new Act requires the committees to report to the Minister on their activities annually and on request; the right to object to a residential placement and to ask the Child and Family Services Review Board to review a committee’s decision in respect of a residential placement is no longer limited to children 12 or older.

Part IV First Nations, Inuit and Métis Child and Family Services

This Part replaces Part X of the current Act.

Under the current Act, the Minister may designate native communities for the purposes of the Act.  Under this Part, the Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of the Act, with the consent of the community’s representatives.

Another change is that, under the current Act, a band or native community may designate a body as an Indian or native child and family service authority.  Under this Part, a band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority.

Part V Child Protection

This Part replaces Part III of the current Act with the following changes.

The age of protection is increased to include 16 and 17 year olds.  Under the new Act, 16 and 17 year olds may be found to be in need of protection and additional circumstances or conditions applicable only to 16 and 17 year olds may be prescribed to make that determination.  However, 16 and 17 year olds may not be brought to a place of safety without their consent.  Societies are newly authorized to enter into agreements with 16 and 17 year olds in need of protection and to bring applications to court.

The matters to be considered in determining the best interests of a child are changed. The child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained, and in the case of a First Nations, Inuk or Métis child, the importance of preserving the child’s cultural identity and connection to community must be taken into consideration.  In addition, any other circumstances that are considered relevant, including a list of 11 circumstances similar to those listed in the current Act, are to be considered. Differences include: the current Act includes the child’s cultural background in this list while the new Act includes the child’s cultural and linguistic heritage; the current Act includes the religious faith in which the child is being raised while the new Act includes the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression.

The authority for societies to enter into voluntary agreements with persons unable to temporarily care for their children and with young persons is moved from Part II (Voluntary Access to Services) of the current Act to Part V of the new Act.  Temporary care agreements may be entered into with respect to children of any age and are no longer restricted to children younger than 16.  The authority to enter into special needs agreements is not included in the new Act.

Under the current Act, persons older than 18 may receive extended care and maintenance from a society if they were subject to a custody order or Crown wardship order that expired on their turning 18 or marrying, if they were eligible to receive support services as a 16 or 17 year old, whether or not they actually received those services or, in the case of Indian or native persons, if they were cared for under customary care immediately before their 18th birthday.  The comparable section under the new Act makes the provision of continued care and support mandatory in the circumstances listed in the current Act, adds an additional circumstance when it is to be provided , i.e., when a person entered into an agreement with the society as a 16 or 17 year old and the agreement expires on the person’s 18th birthday, and uses the updated terminology of First Nations, Inuit and Métis people and of children who are in extended society care.

Societies are required to make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child is in need of protection, cannot remain in the care of or be returned to the person who had charge of the child immediately before intervention by the society or the person entitled to custody of the child and is a member of or identifies with a band or a First Nations, Inuit or Métis community.  Customary care is defined as the care and supervision of a First Nations, Inuk or Métis child by a person who is not the child’s parent, according to the custom of the child’s band or First Nations, Inuit or Métis community.

An equivalent to section 86 of the current Act, which prohibits Roman Catholic children from being placed in the care of a Protestant society, institution or family and Protestant children from being placed with a Roman Catholic society, institution or family, is not included in the new Act.  Instead, a society is to choose a residential placement that, where possible, respects the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, creed, sex, sexual orientation, gender identity, gender expression and cultural and linguistic heritage.  In the case of a First Nations, Inuk or Métis child, priority is to be given to placing the child with a First Nations, Inuit or Métis family, respectively.

The duty that all persons have to report suspicions that a child is in need of protection applies only in respect of children younger than 16.  However, a person may make a report in respect of a child who is 16 or 17.

Part VI Youth Justice

This Part incorporates Part IV of the current Act with the following changes.

This Part adds that a person in charge of a place of open custody, of secure custody or of temporary detention may authorize certain types of searches in accordance with the regulations, and provides that any contraband found during a search may be seized and disposed of in accordance with the regulations.

This Part also places limits on the use of mechanical restraints in places of secure custody or of secure temporary detention.

Part VII Extraordinary Measures

This Part replaces Part VI of the current Act, with the following changes.

A section is added setting out limits on the use of mechanical restraints in secure treatment programs.

The current Act allows children and young persons to be placed in secure isolation rooms; in the new Act, this is changed to allow for placing children and young persons in secure de-escalation rooms.

Under the current Act, service providers are required to comply with standards prescribed by regulation respecting the period of time a young person 16 or older who is in a place of secure custody or secure temporary detention may spend in a secure isolation room and regarding the observation of the young person. In the new Act, the time periods and observation standards for those young persons who are placed in secure de-escalation rooms are set out in the Act itself.

Part VIII Adoption and Adoption Licensing

This Part builds on Part VII of the current Act.

The matters to be considered in determining the best interests of a child are changed.  The changes are the same as those described above under Part V Child Protection.

A new two stage process is added for a licensee to bring a child who is not a resident of Canada into Ontario to be placed for adoption.  First, the licensee must obtain a Director’s approval of the person with whom the child is to be placed as eligible and suitable to adopt based on a homestudy.  Second, the licensee must obtain a Director’s approval of the proposed placement.

The current Act provides an exception to certain requirements if a child is placed for adoption with the child’s relative, the child’s parent or a spouse of the child’s parent.  In the new Act, the exception is limited to circumstances in which the child is a resident of Canada and the placement is within Ontario.  The current Act also provides an exception to the same requirements if a child is sent out of Ontario for adoption by the child’s relative, the child’s parent or a spouse of the child’s parent.  In the new Act, the exception is now limited to circumstances in which the placement is within Canada.

There is a new requirement on societies that begin planning for the adoption of a First Nations, Inuk or Métis child to consider the importance of developing or maintaining the child’s connection to the child’s bands and First Nations, Inuit or Métis communities.

The ability of a court to make an openness order in respect of a child for the purposes of facilitating communication or maintaining a relationship between the child and certain persons remains.  A new type of openness order is added where a society intends to place a First Nations, Inuk or Métis child who is in extended society care for adoption.  In such circumstances, the child, the society, or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities may apply for an openness order.  The court may make this type of openness order if it is satisfied that the order is in the child’s best interests, that the order would help the child to develop or maintain a connection with the child’s First Nations, Inuit or Métis cultures, heritages and traditions and to preserve the child’s cultural identity and connection to community and, if the child is 12 or older, if the child consents.

In the various provisions regarding applications for and proceedings with respect  to openness orders, the method of giving notice to a child requires that notice must be given to the Children’s Lawyer, the child’s lawyer, if any, and the child if the child is 12 or older.  The child is entitled to participate in the proceeding as if they were a party.

There is a new requirement on societies to make all reasonable efforts to assist a child to maintain relationships with persons that are beneficial and meaningful to the child where the child was placed for adoption but the society decides not to finalize the adoption or where a child returns to the care of a society after an adoption order was made.

The adoption licensing rules that were in Part IX of the old Act are now in this Part and remain substantially the same.

Part IX Residential Licensing

This Part replaces Part IX of the current Act.  Current Part IX addresses both residential licensing and adoption licensing.  Under the new Act, adoption licensing has been moved into Part VIII.

As under the current Act, a licence is required to operate a children’s residence or to provide residential care in specified circumstances.  This Part now provides for regulations to prescribe any other residence as a children’s residence.

Other additions to this Part include the following.  The Minister may issue binding directives to licensees.  The Minister may publish certain information with respect to licences and applications for licences.  Licences are to be issued or renewed for a specified term.  A Director may assign a class to a licence.  On issuing or renewing a licence, a Director may include the maximum number of children for whom residential care may be provided by the licensee.  A licensee must charge the amount set out in or determined in accordance with the regulations for the provision of residential care, unless the regulations exempt the licensee.

The rules respecting the right to request a hearing by the Licence Appeal Tribunal, and to appeal the Tribunal’s findings, remain essentially unchanged.

The powers of a program supervisor to conduct residential licensing inspections under the current Act are replaced by powers of an inspector to conduct such inspections for the purposes of determining compliance with the Act, the regulations and the directives.  This Part now sets out rules for such inspections without and with a warrant.

Part X Personal Information

This Part replaces the very limited Part VIII in the current Act, and is essentially a new Part.  It is modelled on provisions in the Personal Health Information Protection Act, 2004.

This Part sets out extensive rules for the following:  the collection, use and disclosure of personal information by the Minister and by service providers; the determination of whether an individual has the capacity to give, withhold or withdraw consent to the collection, use or disclosure of their personal information; the authorization of a substitute decision-maker to give, withhold or withdraw consent on behalf of an individual; the maintenance and protection of personal information by service providers; individuals’ rights of access to service providers’ records containing their personal information and to require service providers to correct that information; individuals’ rights to make a complaint to the Information and Privacy Commissioner in respect of any contraventions of this Part; the Information and Privacy Commissioner’s powers and duties under this Part.

Part XI Miscellaneous Matters

This Part incorporates Part XII of the current Act with the following changes.

New in this Part is the authority of the Lieutenant Governor in Council to require, by regulation, certain persons, including those who provide or receive services under the Act, to provide police record checks to another person or body.  Also, a society may, in the prescribed circumstances or for a prescribed purpose, ask the police for police record checks or other prescribed information.

Under the current Act, the Minister must periodically conduct a review of the Act or of those provisions specified by the Minister; the review must include a review of provisions imposing obligations on societies when providing services to an Indian or native person. In Part XI of the new Act, the review must address the following matters: the rights of children and young persons; the provisions imposing obligations on societies when providing services to a First Nations, Inuk or Métis person; and the additional purpose of the Act related to First Nations, Inuit and Métis peoples, with a view to evaluating the progress that has been made to achieve that purpose.  It also requires the Minister to consult with children and young persons when conducting a review.

Part XII Regulations

As in the current Act, the power to make regulations for each Part of the Act is set out in its own section.  In addition, section 339 authorizes the Lieutenant Governor in Council and the Minister to make regulations for the purposes of the Act as a whole, including regulations to govern transitional matters that may arise from the enactment of the new Act and the repeal of the current Act.

schedule 2
Amendments to the child and family services act

This Schedule amends the current Child and Family ServicesAct as follows.

It anticipates the increase in the age of protection from 16 to 18 that is in the new Act in Schedule 1 in the following amendments:  clauses 15 (3) (a) and (b) of the Act are re-enacted so that societies’ functions to investigate allegations that a child may be in need of protection and to protect children in their care are no longer restricted to children younger than 16 or already subject to a protection order; section 27 of the Act is amended to specify that a service provider requires a court order or the consent of a person who is 16 or older before providing the person with a service; subsection 29 (2) of the Act is re-enacted to allow temporary care agreements to be entered into in respect of children who are 16 or older; the definition of “child” in subsection 37 (1) of the Act, which excludes children who are apparently or actually 16 or older for the purposes of Part III (Child Protection), is repealed, so that child in Part III means a person younger than 18; subsection 37 (2) of the Act is amended to provide that regulations may be made setting out additional circumstances or conditions under which a 16 or 17 year old may be found to be in need of protection; section 40 is amended and new sections 40.1 and 46.1 provide that a society may bring a 16 or 17 year old who is subject to a supervision order to a place of safety only with their consent and the society must, as soon as possible and at the latest within five days of bringing the 16 or 17 year old to a place of safety, bring the matter to court or return the child to the person entitled to custody.

New section 37.1 authorizes 16 and 17 year olds to enter into agreements with societies for the provision of services and supports to them where the society determines that they are or may be in need of protection and is satisfied that no less disruptive course of action is available and the child wants to enter into the agreement.

Section 57 of the Act is amended to provide that a court shall make no order under that section in respect of a child who withdrew from parental control before or after intervention under Part III, where the court is not satisfied that a court order is necessary to protect the child in the future even though the child is found to be in need of protection.

Section 71.1 of the Act is amended to allow a person 18 or older to receive care and maintenance from a society if the person entered into an agreement for services from the society as a 16 or 17 year old and that agreement expired on the person’s 18th birthday.

The duty under section 72 to report suspicions that a child is in need of protection is amended to allow, though not require, such reports in respect of children who are 16 or 17.

All the amendments discussed above anticipate provisions in the new Act.  However, these amendments to the current Act are intended to come into force before the new Act does.

schedule 3
Amendments to the Child, Youth and Family Services Act, 2017

This Schedule amends the new Child, Youth and Family Services Act, 2017 as follows.

Sections 133 and 134 of the Act, which provide for the maintenance of a child abuse register, are repealed.  Consequential amendments are made to other sections to delete all references to sections 133 and 134.

Subsection 206 (1) of the Act allows a court to change an adopted person’s surname or given name.  This is re-enacted to permit the court to change an adopted person’s surname, forename, both surname and forename or single name.  The court may also change the person’s single name to a name with at least one forename and surname or the person’s forename and surname to a single name.  Single names are to be determined in accordance with the traditional culture of the adopted person or the applicant or applicants.

References to the Corporations Act are replaced with references to the as yet unproclaimed Not-for-Profit Corporations Act, 2010.

schedule 4
Amendments to other Acts

This Schedule contains amendments to 36 other Acts, most of which are consequential to the repeal of the Child and Family Services Act and the enactment of the Child, Youth and Family Services Act, 2017.  Most of these amendments simply update references to the current Act and terminology from the current Act to refer to the new Act and the new terminology.

A few Acts are amended more extensively as follows.

The Intercountry Adoption Act, 1998 is amended to bring that Act into closer alliance with the adoption and adoption licensing requirements of the Child, Youth and Family Services Act, 2017.  In particular, amendments are made to require police record checks, to give the Director under that Act additional authority to refuse to issue or renew or to revoke a licence to facilitate intercountry adoptions, to clarify the inspection powers with respect to licensees and to amend the penalty provisions.

The Jewish Family and Child Service of Metropolitan Toronto Act, 1980 is amended to provide that the society established under that Act is deemed to be a children’s aid society designated under the Child, Youth and Family Services Act, 2017 and that it may only exercise its powers to bring children to a place of safety within the City of Toronto.  The governance provisions in the special Act are repealed, leaving the society subject to the governance provisions in the Child, Youth and Family Services Act, 2017.

The Public Sector Labour Relations Transition Act, 1997 is amended to apply automatically upon the amalgamation of two or more children’s aid societies.

The only amendments in this Schedule that are unrelated to the repeal of the Child and Family Services Act and the enactment of the Child, Youth and Family Services Act, 2017 are to the Freedom of Information and Protection of Privacy Act.  Subsections 65 (8) and 67 (2) of that Act are amended to correct references to other Acts.


Bill 89                                                                                                                                                    2017

An Act to enact the Child, Youth and Family Services Act, 2017,
to amend and repeal the Child and Family Services Act
and to make related amendments to other Acts

CONTENTS

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Child, Youth and Family Services Act, 2017

Schedule 2

Amendments to the Child and Family Services Act

Schedule 3

Amendments to the Child, Youth and Family Services Act, 2017

Schedule 4

Amendments to Other Acts

 

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

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Supporting Children, Youth and Families Act, 2017.


schedule 1
Child, Youth and Family Services Act, 2017

CONTENTS

Preamble

PART I
PURPOSES AND INTERPRETATION

Purposes

1.

Paramount purpose and other purposes

Interpretation

2.

Interpretation

PART II
CHILDREN’S AND YOUNG PERSONS’ RIGHTS

Rights of Children and Young Persons Receiving Services

3.

Rights of children, young persons receiving services

4.

Corporal punishment prohibited

5.

Detention restricted

6.

Physical restraint restricted

7.

Mechanical restraints restricted

Rights of Children in Care

8.

Right to be heard in respect of decisions

9.

Right to be informed re residential placement admission

10.

Rights of communication, etc.

11.

Conditions and limitations on visitors

12.

Personal liberties

13.

Plan of care

14.

Parental consent, etc.

Service Providers’ Duties in respect of Children’s and Young Persons’ Rights

15.

Children’s, young persons’ rights to respectful services

16.

French language services

Alternative Dispute Resolution

17.

Resolution of issues by prescribed method of alternative dispute resolution

Complaints and Reviews

18.

Complaints procedure

19.

Further review

20.

Minister to advise persons affected of any decision

Consent and Voluntary Services

21.

Consents and agreements

22.

Consent to service

23.

Counselling service: child 12 or older

PART III
FUNDING AND ACCOUNTABILITY

24.

Definition

Funding of Services and Lead Agencies

25.

Provision of services directly or by others

26.

Services to persons older than 18

27.

Minister’s advisory committee

28.

Security for payment of funds

29.

Conditions on transfer of assets

30.

Lead agencies

31.

Placements must comply with Act and regulations, etc.

Directives and Compliance Orders (Lead Agencies and Service Providers)

32.

Directives by Minister

33.

Compliance order

Children’s Aid Societies

34.

Children’s aid society

35.

Functions

36.

Governance matters

37.

No personal liability

38.

Appointment of local director

39.

Designation of places of safety

Funding and Accountability Agreements

40.

Funding

41.

Accountability agreement

Directives and Compliance Orders (Societies)

42.

Directives by Minister

43.

Compliance order

Minister’s Powers

44.

Powers of Minister

45.

Appointments to board, etc.

46.

Appointment of supervisor

Restructuring

47.

Amalgamation by societies

48.

Restructuring by Minister’s order

49.

Appointment of supervisor for restructuring

50.

Conflict with Corporations Act, etc.

51.

Transfer of property held for charitable purpose

52.

No compensation

Appointments and Delegations

53.

Directors and program supervisors

Duties of Director with respect to societies

Delegation by Minister

54.

55.

Reports and Information

56.

Reports and information to Minister

57.

Reports and information to prescribed entities

58.

Information available to the public

Program Supervisor Inspections

59.

Inspection by program supervisor without a warrant

60.

Inspection by program supervisor with a warrant

61.

Inspection report

Review by Residential Placement Advisory Committee

62.

Definitions

63.

Residential placement advisory committees

64.

Review by advisory committee

65.

Advisory committee’s recommendations

66.

Review by Board

Offences

67.

Offences

PART IV
FIRST NATIONS, INUIT AND MÉTIS CHILD AND FAMILY SERVICES

68.

Regulations listing First Nations, Inuit and Métis communities

69.

Agreements with bands and First Nations, Inuit or Métis communities

70.

Designation of child and family service authority

71.

Subsidy for customary care

72.

Consultation with bands and First Nations, Inuit or Métis communities

73.

Consultation in specified cases

PART V
CHILD PROTECTION

Interpretation

74.

Interpretation

Voluntary Agreements

75.

Temporary care agreement

76.

Notice of termination of agreement

77.

Society agreements with 16 and 17 year olds

Legal Representation

78.

Legal representation of child

Parties and Notice

79.

Parties

Customary Care

80.

Customary care

Commencing Child Protection Proceedings

81.

Warrants, orders, etc.

82.

Exception, 16 and 17 year olds brought to place of safety with consent

Special Cases of Bringing Children to a Place of Safety

83.

Bringing children who are removed from or leave care to place of safety

84.

Bringing child younger than 12 home or to place of safety

85.

Children who withdraw from parent’s care

86.

Authority to enter, etc.

Hearings and Orders

87.

Rules re hearings

88.

Time in place of safety limited

89.

Time in place of safety limited, 16 or 17 year old

90.

Child protection hearing

91.

Territorial jurisdiction

92.

Power of court

93.

Evidence

94.

Adjournments

95.

Use of prescribed methods of alternative dispute resolution

96.

Delay: court to fix date

97.

Reasons, etc.

Assessments

98.

Order for assessment

99.

Consent order: special requirements

100.

Society’s plan for child

101.

Order where child in need of protection

102.

Custody order

103.

Effect of custody proceedings

Access

104.

Access order

105.

Access: where child removed from person in charge

106.

Review of access order made concurrently with custody order

107.

Restriction on access order

Payment Orders

108.

Order for payment by parent

Interim and Extended Society Care

109.

Placement of children

110.

Child in interim society care

111.

Child in extended society care

112.

Society’s obligation to pursue family relationship for child in extended society care

Review

113.

Status review

114.

Court may vary, etc.

115.

Status review for children in, or formerly in, extended society care

116.

Court order

117.

Director’s annual review of children in extended society care

118.

Investigation by judge

119.

Complaint to society

120.

Complaint to Board

Appeals

121.

Appeal

Expiry of Orders

122.

Time limit

123.

Expiry of orders

Continued Care and Support

124.

Continued care and support

Duty to Report

125.

Duty to report child in need of protection

126.

Society to assess and verify report of child in need of protection

127.

Society to report abuse of child in its care and custody

128.

Duty to report child’s death

Review Teams

129.

Review team

Court-Ordered Access to Records

130.

Production of records

131.

Warrant for access to record

132.

Telewarrant

Child Abuse Register

133.

Register

134.

Hearing re registered person

Powers of Director

135.

Director’s power to transfer

Offences, Restraining Orders, Recovery on Child’s Behalf and Injunctions

136.

Abuse, failure to provide for reasonable care, etc.

137.

Restraining order

138.

Legal claim for recovery because of abuse

139.

Prohibition

140.

Offences re interfering, etc. with child in society supervision or care

141.

Offences re false information, obstruction, etc.

142.

Other offences

143.

Injunction

PART VI
YOUTH JUSTICE

144.

Definitions

Programs and Officers

145.

Programs

146.

Appointments by Minister

147.

Reports and information

Temporary Detention

148.

Open and secure temporary detention

Custody

149.

Detention under Provincial Offences Act

150.

Young persons in open custody

Custody Review Board

151.

Custody Review Board

152.

Application to Board

Apprehension of Young Persons who are Absent from Custody without Permission

153.

Apprehension

Inspections and Investigations

154.

Inspections and investigations

Searches

155.

Permissible searches

Mechanical Restraints

156.

Mechanical restraints

PART VII
EXTRAORDINARY MEASURES

157.

Definitions

Secure Treatment Programs

158.

Secure treatment programs

159.

Locking up permitted

160.

Mechanical restraints permitted

Commitment to Secure Treatment

161.

Application for order for child’s commitment

162.

Oral evidence

163.

Assessment

164.

Commitment to secure treatment: criteria

165.

Period of commitment

166.

Reasons, plans, etc.

Extension of Period of Commitment

167.

Extension

Release by Administrator

168.

Release

Review of Commitment

169.

Review of commitment

ss. 167 (3-6), 168, 169 apply

170.

Emergency Admission

171.

Emergency admission

Police Assistance

172.

Powers of peace officers, period of commitment

Secure De-escalation

173.

Director’s approval

174.

Secure de-escalation

175.

Review of use of secure de-escalation

Psychotropic Drugs

176.

Consent required for use of psychotropic drugs

Professional Advisory Board

177.

Professional Advisory Board

178.

Request for review

PART VIII
ADOPTION AND ADOPTION LICENSING

Interpretation

179.

Interpretation

Consent to Adoption

180.

Consents

181.

Dispensing with consent

182.

Late withdrawal of consent

Placement for Adoption

183.

Only societies and licensees may place children, etc.

184.

Limitation on placement by society

185.

Adoption planning

186.

First Nations, Inuk or Métis child

187.

First Nations, Inuk or Métis child, openness, etc.

188.

Child from inside Canada: proposed placement

189.

Child from outside Canada: homestudy

190.

Child from outside Canada: review of proposed placement

191.

Access orders terminate

Decision to Refuse to Place Child or to Remove Child after Placement

192.

193.

Decision of society or licensee

Notice to Director

Openness Orders

194.

No access order in effect

195.

Access order in effect

196.

Access order in effect

197.

Openness order — band and First Nations, Inuit or Métis community

198.

Application to vary or terminate openness order before adoption

Adoption Orders

199.

Orders for adoption

200.

Where applicant a minor

201.

Where order not to be made

202.

Director’s statement

203.

Place of hearing

204.

Rules re applications

205.

Power of court

206.

Change of name

207.

Varying or terminating openness orders after adoption

208.

Appeal of order to vary or terminate openness order

209.

Application of s. 204

210.

Child may participate

211.

Legal representation of child

Openness Agreements

212.

Who may enter into openness agreement

Interim Orders

213.

Interim order

214.

Successive adoption orders

Appeals

215.

Appeals

Effect of Adoption Order

216.

Order final

217.

Status of adopted child

218.

Effect of foreign adoption

219.

No order for access by birth parent, etc.

Maintenance of Relationships

220.

Maintenance of relationships

Records, Confidentiality and Disclosure

221.

Parent to be informed on request

222.

Court papers

223.

Designation of custodians of information

224.

Disclosure to designated custodian

225.

Disclosure to others

226.

Scope of application

Confidentiality of Adoption Records

227.

Confidentiality of adoption information

Injunction

228.

Injunction

Licensing — Requirement for Licence; Issuance and Renewal

229.

Licences

230.

Conditions of licence

Licensing — Refusal and Revocation

231.

Grounds for refusal

232.

Grounds for revocation, refusal to renew

Licensing — Hearing by Tribunal

233.

Hearings arising out of s. 231 or 232

234.

Review of conditions by Tribunal

235.

Continuation of licence pending renewal

236.

Suspension of licence

237.

Application of other provisions

Licensing — Delivery of Licence and Records

238.

Licence and record to be delivered

Licensing — Injunctions

239.

Injunction

Offences

240.

No payments for adoption

241.

Offences

242.

Offences — licensing

PART IX
RESIDENTIAL LICENSING

243.

Definitions

Protective Measures

244.

Licence required

245.

Prohibition — past offence

246.

Prohibition — holding out as licensed

247.

Placements must comply with Act and regulations, etc.

248.

Duty to keep licence

249.

Duty to provide licence and other information

250.

Report certain matters to a Director

251.

Director may exempt

252.

Directives by Minister

253.

Publication of information by Minister

Licences

254.

Issuance and renewal of licence

255.

Conditions of licence

256.

Term of licence

257.

Continuation of licence pending renewal

258.

Class of licence

259.

Maximum number of children

260.

Appeals of class or maximum number

261.

Refusals and revocations

262.

Proposal to revoke or refuse to renew

263.

Notice of proposal

264.

Suspension

Hearings by Tribunal

265.

Hearings by Tribunal

266.

Rules for proceedings

Appeals

267.

Appeal from Tribunal

Amount Charged by Licensee

268.

Amount

Licensee Ceasing to Operate, etc.

269.

Licence and records to be delivered

270.

Notice to placing agency or other person; removal of children

Occupation by Minister and Injunctions

271.

Order for Minister’s occupation

272.

Injunction

Residential Licensing Inspections

273.

Appointment of inspectors

274.

Purpose of inspection

275.

Inspections without warrant

276.

Powers on inspection

277.

Warrant

278.

Inspection report

279.

Admissibility of certain documents

Offences

280.

Offences

PART X
PERSONAL INFORMATION

Definitions

281.

Definitions

282.

Confidentiality provisions prevail

Minister’s Powers to Collect, Use and Disclose Personal Information

283.

Collection, use and disclosure of personal information by the Minister

284.

Information requested by Minister

Collection, Use and Disclosure of Personal Information by Service Providers

285.

Application of Part

286.

Collection, use and disclosure of personal information — requirement for consent

287.

Collection, use and disclosure of information other than personal information

288.

Indirect collection of personal information

289.

Direct collection without consent

290.

Notice to individual re use or disclosure of information

291.

Permitted use

292.

Disclosure without consent

293.

Disclosure for planning and managing services, etc.

294.

Records of mental disorders

Consent

295.

Elements of consent for collection, use and disclosure of personal information

296.

Withdrawal of consent

297.

Conditional consent

298.

Presumption of consent’s validity

Capacity and Substitute Decision-Making

299.

Presumption of capacity

300.

Differing capacity

301.

Substitute decision-maker

302.

Factors to consider for consent

303.

Additional authority of substitute decision-maker

304.

Determination of incapacity

305.

Appointment of representative

Integrity and Protection of Personal Information

306.

Steps to ensure accuracy, etc. of personal information

307.

Steps to ensure collection of personal information is authorized

308.

Steps to ensure security of personal information

309.

Handling of records

310.

Disclosure to successor

311.

Written public statement by service provider

Individual’s Access to Personal Information

312.

Individual’s right of access

313.

Request for access

314.

Response of service provider

Corrections to Records

315.

Correction to record

Complaints, Reviews and Inspections

316.

Complaint to Commissioner

317.

Response of Commissioner

318.

Commissioner’s self-initiated review

319.

Conduct of Commissioner’s review

320.

Inspection powers

321.

Powers of Commissioner

322.

Appeal of order

323.

Enforcement of order

324.

Further order of Commissioner

325.

Damages for breach of privacy

326.

General powers of Commissioner

327.

Delegation by Commissioner

328.

Limitations re personal information

329.

Immunity

Prohibitions, Immunity and Offences

330.

Non-retaliation

331.

Immunity

332.

Offences

PART XI
MISCELLANEOUS MATTERS

333.

Child and Family Services Review Board

334.

Police record checks

335.

Society may request police record checks from police, etc.

336.

Review of Act

337.

Review to address rights of children and young persons

338.

Review to address First Nations, Inuit and Métis issues

PART XII
REGULATIONS

339.

General

340.

Regulations: Part II (Children’s and Young Persons’ Rights)

341.

Regulations: Part III (Funding and Accountability)

342.

Regulations: Part IV (First Nations, Inuit and Métis Child and Family Services)

343.

Regulations: Part V (Child Protection)

344.

Regulations: Part VI (Youth Justice)

345.

Regulations: Part VII (Extraordinary Measures)

346.

Regulations: Part VIII (Adoption and Adoption Licensing)

347.

Regulations: Part IX (Residential Licensing)

348.

Regulations: Part X (Personal Information)

349.

Regulations: Part XI (Miscellaneous Matters)

PART XIII
REPEAL, COMMENCEMENT AND SHORT TITLE

350.

Repeal

351.

Commencement

352.

Short title

 

Preamble

The Government of Ontario acknowledges that children are individuals with rights to be respected and voices to be heard.

The Government of Ontario is committed to the following principles:

         Services provided to children and families should be child-centred.

         Children and families have better outcomes when services build on their strengths.  Prevention services, early intervention services and community support services build on a family’s strengths and are invaluable in reducing the need for more disruptive services and interventions.

         Services provided to children and families should respect their diversity and the principle of inclusion, consistent with the Human Rights Code and the Canadian Charter of Rights and Freedoms.

         Systemic racism and the barriers it creates for children and families receiving services must continue to be addressed. All children should have the opportunity to meet their full potential.  Awareness of systemic biases and racism and the need to address these barriers should inform the delivery of all services for children and families.

         Services to children and families should, wherever possible, help maintain connections to their communities.

In furtherance of these principles, the Government of Ontario acknowledges that the aim of the Child, Youth and Family Services Act, 2017 is to be consistent with and build upon the principles expressed in the United Nations Convention on the Rights of the Child.

With respect to First Nations, Inuit and Métis children, the Government of Ontario acknowledges the following:

         The Province of Ontario has unique and evolving relationships with First Nations, Inuit and Métis peoples.

         First Nations, Inuit and Métis peoples are constitutionally recognized peoples in Canada, with their own laws, and distinct cultural, political and historical ties to the Province of Ontario.

         Where a First Nations, Inuk or Métis child is otherwise eligible to receive a service under this Act, an inter-jurisdictional or intra-jurisdictional dispute should not prevent the timely provision of that service, in accordance with Jordan’s Principle.

         The United Nations Declaration on the Rights of Indigenous Peoples recognizes the importance of belonging to a community or nation, in accordance with the traditions and customs of the community or nation concerned.

Further, the Government of Ontario believes the following:

         First Nations, Inuit and Métis children should be happy, healthy, resilient, grounded in their cultures and languages and thriving as individuals and as members of their families, communities and nations.

         Honouring the connection between First Nations, Inuit and Métis children and their distinct political and cultural communities is essential to helping them thrive and fostering their well-being.

For these reasons, the Government of Ontario is committed, in the spirit of reconciliation, to working with First Nations, Inuit and Métis peoples to help ensure that wherever possible, they care for their children in accordance with their distinct cultures, heritages and traditions.

PART I
purposes and interpretation

Purposes

Paramount purpose and other purposes

Paramount purpose

1 (1)  The paramount purpose of this Act is to promote the best interests, protection and well-being of children.

Other purposes

(2)  The additional purposes of this Act, so long as they are consistent with the best interests, protection and well-being of children, are to recognize the following:

    1.  While parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent.

    2.  The least disruptive course of action that is available and is appropriate in a particular case to help a child, including the provision of prevention services, early intervention services and community support services, should be considered.

    3.  Services to children and young persons should be provided in a manner that,

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

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

          iii.  takes into account a child’s or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression,

          iv.  takes into account a child’s or young person’s cultural and linguistic needs,

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

          vi.  includes the participation of a child or young person, the child’s or young person’s parents and relatives and the members of the child’s or young person’s extended family and community, where appropriate.

    4.  Services to children and young persons and their families should be provided in a manner that respects regional differences, wherever possible.

    5.  Services to children and young persons and their families should be provided in a manner that builds on the strengths of the families, wherever possible.

    6.  First Nations, Inuit and Métis peoples should be entitled to provide, wherever possible, their own child and family services, and all services to First Nations, Inuit and Métis children and young persons and their families should be provided in a manner that recognizes their cultures, heritages, traditions, connection to their communities, and the concept of the extended family.

    7.  Appropriate sharing of information, including personal information, in order to plan for and provide services is essential for creating successful outcomes for children and families.

Interpretation

Interpretation

Definitions

2 (1)  In this Act,

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

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

“Board” means the Child and Family Services Review Board continued under section 333; (“Commission”)

“child” means a person younger than 18; (“enfant”)

“child in care” means a child or young person who is receiving residential care from a service provider and includes,

  (a)  a child who is in the care of a foster parent, and

  (b)  a young person who is,

           (i)  detained in a place of temporary detention under the Youth Criminal Justice Act (Canada),

          (ii)  committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

         (iii)  held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “enfant qui reçoit des soins”)

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

“creed” includes religion; (“croyance”)

“customary care” means the care and supervision of a First Nations, Inuk or Métis child by a person who is not the child’s parent, according to the custom of the child’s band or First Nations, Inuit or Métis community; (“soins conformes aux traditions”)

“Director” means a Director appointed under subsection 53 (1); (“directeur”)

“extended family” means persons to whom a child is related, including through a spousal relationship or adoption and, in the case of a First Nations, Inuk or Métis child, includes any member of,

  (a)  a band of which the child is a member,

  (b)  a band with which the child identifies,

   (c)  a First Nations, Inuit or Métis community of which the child is a member, and

  (d)  a First Nations, Inuit or Métis community with which the child identifies; (“famille élargie”)

“First Nations, Inuit or Métis community” means a community listed by the Minister in a regulation made under section 68; (“communauté inuite, métisse ou de Premières Nations”)

“foster care” means the provision of residential care to a child, by and in the home of a person who,

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

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

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

“licence” means a licence issued under Part VIII (Adoption and Adoption Licensing) or Part IX (Residential Licensing); a reference to a licence in Part VIII is to a licence issued under that Part and a reference to a licence in Part IX is to a licence issued under that Part; (“permis”)

“licensee” means the holder of a licence; (“titulaire de permis”)

“local director” means a local director appointed under section 38; (“directeur local”)

“mechanical restraints” means a device, material or equipment that reduces the ability of a person to move freely, and includes handcuffs, flex cuffs, leg irons, restraining belts, belly chains and linking chains; (“contentions mécaniques”)

“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“old Act” means the Child and Family Services Act; (“ancienne loi”)

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

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“physical restraint” means a holding technique to restrict a person’s ability to move freely but, for greater certainty, does not include,

  (a)  restricting movement, physical redirection or physical prompting, if the restriction, redirection or prompting is brief, gentle and part of a behaviour teaching program, or

  (b)  the use of helmets, protective mitts or other equipment to prevent a person from physically injuring or further physically injuring themself; (“contention physique”)

“place of open custody” means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act(Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu ouvert”)

“place of open temporary detention” means a place of temporary detention in which the Minister has established an open detention program; (“lieu de détention provisoire en milieu ouvert”)

“place of secure custody” means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act(Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu fermé”)

“place of secure temporary detention” means a place of temporary detention in which the Minister has established a secure detention program; (“lieu de détention provisoire en milieu fermé”)

“place of temporary detention” means a place or facility designated as a place of temporary detention under the Youth Criminal Justice Act (Canada); (“lieu de détention provisoire”)

“prescribed” means prescribed by regulations; (“prescrit”)

“program supervisor” means a program supervisor appointed under subsection 53 (2); (“superviseur de programme”)

“provincial director” means,

  (a)  a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or the Lieutenant Governor in Council’s delegate to perform any of the duties or functions of a provincial director under the Youth Criminal Justice Act (Canada), or

  (b)  a person appointed under clause 146 (1) (a); (“directeur provincial”)

record” meansa record of information in any form or in any medium, whether in written, printed, photographic or electronic form or otherwise, but does not include a computer program or other mechanism that can produce a record; (“dossier”)

“regulations” means the regulations made under this Act; (“règlements”)

“relative” means, with respect to a child, a person who is the child’s grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption; (“membre de la parenté”)

“residential care” means boarding, lodging and associated supervisory, sheltered or group care provided for a child away from the home of the child’s parent, other than boarding, lodging or associated care for a child who has been placed in the lawful care and custody of a relative or member of the child’s extended family or the child’s community; (“soins en établissement”)

“residential placement” means a place where residential care is provided; (“placement en établissement”, “placé dans un établissement”)

“service” includes,

  (a)  a service for a child with a developmental or physical disability or the child’s family,

  (b)  a mental health service for a child or the child’s family,

   (c)  a service related to residential care for a child,

  (d)  a service for a child who is or may be in need of protection or the child’s family,

  (e)  a service related to adoption for a child, the child’s family or others,

   (f)  counselling for a child or the child’s family,

  (g)  a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

  (h)  a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

    (i)  a prescribed service; (“service”)

“service provider” means,

  (a)  the Minister,

  (b)  a licensee,

   (c)  a person or entity, including a society, that provides a service funded under this Act, or

  (d)  a prescribed person or entity,

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

“society” means an agency designated as a children’s aid society under subsection 34 (1); (“société”)

“treatment” has the same meaning as in subsection 2 (1) of the Health Care Consent Act, 1996; (“traitement”)

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

“young person” means,

  (a)  a person who is or, in the absence of evidence to the contrary, appears to be 12 or older but younger than 18 and who is charged with or found guilty of an offence under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

  (b)  if the context requires, any person who is charged under the Youth Criminal Justice Act (Canada) with having committed an offence while they were a young person or who is found guilty of an offence under the Youth Criminal Justice Act (Canada). (“adolescent”)

Interpretation, “parent”

(2)  Unless this Act provides otherwise, a reference in this Act to a parent of a child is deemed to be a reference to,

  (a)  the person who has lawful custody of the child; or

  (b)  if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires.

Member of child’s or young person’s community

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

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

    2.  A person who has a beneficial and meaningful relationship with the child or young person or with a parent, sibling or relative of the child or young person.

Interpretation, child’s or young person’s bands and First Nations, Inuit or Métis communities

(4)  In this Act, a reference to a child’s or young person’s bands and First Nations, Inuit or Métis communities includes all of the following:

    1.  Any band of which the child or young person is a member.

    2.  Any band with which the child or young person identifies.

    3.  Any First Nations, Inuit or Métis community of which the child or young person is a member.

    4.  Any First Nations, Inuit or Métis community with which the child or young person identifies.

part II
children’s and Young Persons’ rights

Rights of Children and Young Persons Receiving Services

Rights of children, young persons receiving services

3 Every child and young person receiving services under this Act has the following rights:

    1.  To express their own views freely and safely about matters that affect them.

    2.  To be engaged through an honest and respectful dialogue about how and why decisions affecting them are made and to have their views given due weight, in accordance with their age and maturity.

    3.  To be consulted on the nature of the services provided or to be provided to them, to participate in decisions about the services provided or to be provided to them and to be advised of the decisions made in respect of those services.

    4.  To raise concerns or recommend changes with respect to the services provided or to be provided to them without interference or fear of coercion, discrimination or reprisal and to receive a response to their concerns or recommended changes.

    5.  To be informed, in language suitable to their understanding, of their rights under this Part.

    6.  To be informed, in language suitable to their understanding, of the existence and role of the Provincial Advocate for Children and Youth and of how the Provincial Advocate for Children and Youth may be contacted.

Corporal punishment prohibited

4 No service provider or foster parent shall inflict corporal punishment on a child or young person or permit corporal punishment to be inflicted on a child or young person in the course of the provision of a service to the child or young person.

Detention restricted

5 No service provider or foster parent shall detain a child or young person or permit a child or young person to be detained in locked premises in the course of the provision of a service to the child or young person, except as Part VI (Youth Justice) and Part VII (Extraordinary Measures) authorize.

Physical restraint restricted

6 No service provider or foster parent shall use or permit the use of physical restraint on a child or young person for whom the service provider or foster parent is providing services, except as the regulations authorize.

Mechanical restraints restricted

7 No service provider or foster parent shall use or permit the use of mechanical restraints on a child or young person for whom the service provider or foster parent is providing services, except as Part VI (Youth Justice), Part VII (Extraordinary Measures) and the regulations authorize.

Rights of Children in Care

Right to be heard in respect of decisions

8 (1)  For greater certainty, the rights under section 3 of a child in care apply to decisions affecting them, including decisions with respect to,

  (a)  the child’s or young person’s treatment, education or training or work programs;

  (b)  the child’s or young person’s creed, community identity and cultural identity; and

   (c)  the child’s or young person’s placement in or discharge from a residential placement or transfer to another residential placement.

Views to be given due weight

(2)  The child’s or young person’s views with respect to the decisions described in subsection (1) shall be given due weight, in accordance with the child’s or young person’s age and maturity as required by paragraph 2 of section 3.

Right to be informed re residential placement admission

9 Upon admission to a residential placement, and at regular intervals thereafter, or, where intervals are prescribed, at the prescribed intervals thereafter, a child in care has a right to be informed, in language suitable to their understanding, of,

  (a)  their rights under this Part;

  (b)  the complaints procedures established under subsection 18 (1) and the further review available under section 19;

   (c)  the review procedures available for children under sections 64, 65 and 66;

  (d)  the review procedures available under section 152, in the case of a young person described in clause (b) of the definition of “child in care” in subsection 2 (1);

  (e)  their responsibilities while in the placement; and

   (f)  the rules governing day-to-day operation of the residential care, including disciplinary procedures.

Rights of communication, etc.

10 (1)  A child in care has a right,

  (a)  to speak in private with, visit and receive visits from members of their family or extended family regularly, subject to subsection (2);

  (b)  without unreasonable delay, to speak in private with and receive visits from,

           (i)  their lawyer,

          (ii)  another person representing the child or young person, including the Provincial Advocate for Children and Youth and members of the Provincial Advocate for Children and Youth’s staff,

         (iii)  the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, and

         (iv)  a member of the Legislative Assembly of Ontario or of the Parliament of Canada; and

   (c)  to send and receive written communications that are not read, examined or censored by another person, subject to subsections (3) and (4).

When child is in extended society care

(2)  A child in care who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) is not entitled as of right to speak with, visit or receive visits from a member of their family or extended family, except under an order for access made under Part V (Child Protection) or an openness order or openness agreement made under Part VIII (Adoption and Adoption Licensing).

Opening, etc., of written communications to child in care

(3)  Subject to subsection (4), written communications to a child in care,

  (a)  may be opened by the service provider or a member of the service provider’s staff in the child’s or young person’s presence and may be inspected for articles prohibited by the service provider;

  (b)  subject to clause (c), may be examined or read by the service provider or a member of the service provider’s staff in the child’s or young person’s presence, where the service provider believes on reasonable grounds that the contents of the written communication may cause the child or young person physical or emotional harm;

   (c)  shall not be examined or read by the service provider or a member of the service provider’s staff if it is to or from a person described in subclause (1) (b) (i), (ii), (iii) or (iv); and

  (d)  shall not be censored or withheld from the child or young person, except that articles prohibited by the service provider may be removed from the written communication and withheld from the child or young person.

Opening, etc., of young person’s written communications

(4)  Written communications to and from a young person who is detained in a place of temporary detention or held in a place of secure custody or of open custody,

  (a)  may be opened by the service provider or a member of the service provider’s staff in the young person’s presence and may be inspected for articles prohibited by the service provider;

  (b)  may be examined or read by the service provider or a member of the service provider’s staff and may be withheld from the recipient in whole or in part where the service provider or the member of their staff believes on reasonable grounds that the contents of the written communications,

           (i)  may be prejudicial to the best interests of the young person, the public safety or the safety or security of the place of detention or custody, or

          (ii)  may contain communications that are prohibited under the Youth Criminal Justice Act (Canada) or by court order;

   (c)  shall not be examined or read under clause (b) if it is to or from the young person’s lawyer; and

  (d)  shall not be opened and inspected under clause (a) or examined or read under clause (b) if it is to or from a person described in subclause (1) (b) (ii), (iii) or (iv).

Definition

(5)  In this section,

“written communications” includes mail and electronic communication in any form.

Conditions and limitations on visitors

11 (1)  A service provider may impose such conditions and limitations on persons who are visiting a young person in a place of temporary detention, of open custody or of secure custody as are necessary to ensure the safety of staff or young persons in the facility.

Suspending visits in emergencies

(2)  Where a service provider has reasonable grounds to believe there are emergency circumstances within a facility that is a place of temporary detention, of open custody or of secure custody or within the community that may pose a risk to staff or young persons in the facility, the service provider may suspend visits until there are reasonable grounds to believe the emergency has been resolved and there is no longer a risk to staff or young persons in the facility.

Limited exception

(3)  Despite subsection (2), the service provider may not suspend visits from,

  (a)  the Provincial Advocate for Children and Youth and members of the Provincial Advocate for Children and Youth’s staff;

  (b)  the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff; or

   (c)  a member of the Legislative Assembly of Ontario or of the Parliament of Canada,

unless the provincial director determines that suspension is necessary to ensure public safety or the safety of staff or young persons in the facility.

Personal liberties

12 A child in care has a right,

  (a)  to have reasonable privacy and possession of their own personal property, subject to section 155; and

  (b)  to receive instruction and participate in activities of their choice related to their creed, community identity and cultural identity, subject to section 14.

Plan of care

13 (1)  A child in care has a right to a plan of care designed to meet their particular needs, which shall be prepared within 30 days of the child’s or young person’s admission to the residential placement.

Rights to care

(2)  A child in care has a right,

  (a)  to participate in the development of their individual plan of care and in any changes made to it;

  (b)  to have access to food that is of good quality and appropriate for the child or young person, including meals that are well balanced;

   (c)  to be provided with clothing that is of good quality and appropriate for the child or young person, given their size and activities and prevailing weather conditions;

  (d)  to receive medical and dental care, subject to section 14, at regular intervals and whenever required, in a community setting whenever possible;

  (e)  to receive an education that corresponds to their aptitudes and abilities, in a community setting whenever possible; and

   (f)  to participate in recreational, athletic and creative activities that are appropriate for their aptitudes and interests, in a community setting whenever possible.

Parental consent, etc.

14 Subject to subsection 94 (7) and sections 110 and 111 (custody during adjournment, interim and extended society care), the parent of a child in care retains any right that the parent may have,

  (a)  to direct the child’s or young person’s education and upbringing, in accordance with the child’s or young person’s creed, community identity and cultural identity; and

  (b)  to consent to treatment on behalf of an incapable child or young person, if the parent is the child’s or young person’s substitute decision-maker in accordance with section 20 of the Health Care Consent Act, 1996.

Service Providers’ Duties in respect of Children’s and Young Persons’ Rights

Children’s, young persons’ rights to respectful services

15 (1)  Service providers shall respect the rights of children and young persons as set out in this Act.

Children, young persons to be heard and represented

(2)  Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.

Exception

(3)  Subsection (2) does not apply to a child or young person or parent of a child or young person if there is good cause for not giving that person an opportunity to be heard or represented as described in that subsection.

Criteria and safeguards re decisions

(4)  Service providers shall ensure that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to appropriate procedural safeguards.

Information about Provincial Advocate for Children and Youth to be displayed and available

(5)  Service providers shall,

  (a)  prominently display at their premises, in a manner visible to persons receiving services, a notice advising of the existence and role of the Provincial Advocate for Children and Youth and of how the Provincial Advocate for Children and Youth may be contacted; and

  (b)  make available on request informational materials produced by the Provincial Advocate for Children and Youth.

French language services

16 Service providers shall, where appropriate, make services to children and young persons and their families available in the French language.

Alternative Dispute Resolution

Resolution of issues by prescribed method of alternative dispute resolution

17 (1)  If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care.

First Nations, Inuk or Métis child

(2)  If the issue referred to in subsection (1) relates to a First Nations, Inuk or Métis child, the society shall consult with a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities to determine whether an alternative dispute resolution process established by the bands and communities or another prescribed alternative dispute resolution process could assist in resolving the issue.

Children’s Lawyer

(3)  If a society or a person, including a child, who is receiving child welfare services proposes that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if, in the opinion of the Children’s Lawyer, such legal representation is appropriate.

Notice to band, community

(4)  If a society makes or receives a proposal that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken under subsection (3) in a matter involving a First Nations, Inuk or Métis child, the society shall give notice of the proposal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Complaints and Reviews

Complaints procedure

18 (1)  A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall establish a written procedure, in accordance with the regulations, for hearing and dealing with,

  (a)  complaints regarding alleged violations of the rights under this Part of children in care; and

  (b)  complaints by children in care or other persons affected by conditions or limitations imposed on visitors under subsection 11 (1) or suspensions of visits under subsection 11 (2).

Provincial Advocate for Children and Youth

(2)  The procedure established under subsection (1) must provide that the service provider shall tell the children in care that they may ask for the assistance of the Provincial Advocate for Children and Youth in,

  (a)  making a complaint under clause (1) (a) or (b); and

  (b)  requesting a further review under subsection 19 (1) of the complaint once the review by the service provider is completed.

Review of complaint

(3)  A service provider shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under clause (1) (a) or (b), on the complaint of,

  (a)  a child in care or a group of children in care;

  (b)  the parent of a child in care who makes a complaint;

   (c)  another person representing the child in care who makes a complaint; or

  (d)  a person affected by a condition or limitation imposed on visitors under subsection 11 (1) or a suspension of visits under subsection 11 (2),

and shall seek to resolve the complaint.

Response to complainants

(4)  Upon completion of its review under subsection (3), the service provider shall inform each person who made the complaint, whether as an individual or as part of a group, of the results of the review.

Further review

19 (1)  Where a person referred to in subsection 18 (3) makes a complaint, whether as an individual or as part of a group, and is not satisfied with the results of the review conducted under that subsection and requests in writing that the Minister appoint a person to conduct a further review of the complaint, the Minister shall appoint a person who is not employed by the service provider to do so.

Same

(2)  A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may do so by holding a hearing.

Procedure

(3)  The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2).

Powers of appointed person

(4)  A person appointed under subsection (1) has, for the purposes of the review, all the powers of a program supervisor appointed under subsection 53 (2).

Review and report within 30 days

(5)  A person appointed under subsection (1) shall, within 30 days after the day of the appointment, complete the review, set out in a report the person’s findings and recommendations, including the reasons for not holding a hearing if none was held, and provide copies of the report to,

  (a)  each person who made the complaint, whether as an individual or as part of a group;

  (b)  the service provider; and

   (c)  the Minister.

Minister to advise persons affected of any decision

20 (1)  Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 19 (5), the Minister shall advise the service provider and each person who made the complaint, whether as an individual or as part of a group, of the decision.

Remedies preserved

(2)  The Minister’s decision referred to in subsection (1) does not affect any other remedy that may be available.

Consent and Voluntary Services

Consents and agreements

21 (1)  In this section,

“capacity” means the capacity to understand and appreciate the nature of a consent or agreement and the consequences of giving, withholding or withdrawing the consent or making, not making or terminating the agreement; (“jouit de toutes ses facultés mentales”)

“nearest relative”, when used in reference to a person who is younger than 16, means the person with lawful custody of the person, and when used in reference to a person who is 16 or older, means the person who would be authorized to give or refuse consent to a treatment on the person’s behalf under the Health Care Consent Act, 1996 if the person were incapable with respect to the treatment under that Act. (“membre de la parenté le plus proche”)

Elements of valid consent or agreement, etc.

(2)  A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is valid if, at the time the consent is given or withdrawn or the agreement is made or terminated, the person,

  (a)  has capacity;

  (b)  is reasonably informed as to the nature and consequences of the consent or agreement, and of alternatives to it;

   (c)  gives or withdraws the consent or executes the agreement or notice of termination voluntarily, without coercion or undue influence; and

  (d)  has had a reasonable opportunity to obtain independent advice.

Where person lacks capacity

(3)  A person’s nearest relative may give or withdraw a consent or participate in or terminate an agreement on the person’s behalf if it has been determined on the basis of an assessment, not more than one year before the nearest relative acts on the person’s behalf, that the person does not have capacity.

Exceptions: ss. 180, 74 (2) (n)

(4)  Subsection (3) does not apply to a consent under section 180 (consents to adoption) or to a parent’s consent referred to in clause 74 (2) (n) (child in need of protection).

Consent, etc., of minor

(5)  A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is younger than 18.

Exception: Part X

(6)  This section does not apply in respect of the collection, use or disclosure of personal information under Part X (Personal Information).

Consent to service

Consent to service: person 16 or older

22 (1)  Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person.

Consent to residential care: child younger than 16 or in society’s care

(2)  A service provider may provide residential care to a child,

  (a)  if the child is younger than 16, with the consent of the child’s parent; and

  (b)  if the child is in a society’s lawful custody, with the society’s consent,

except where this Act provides otherwise.

Exception — Part VI

(3)  Subsections (1) and (2) do not apply where a service is provided to a young person under Part VI (Youth Justice).

Discharge from residential placement

(4)  A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) may only be discharged from the placement,

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

  (b)  where the placement is made under the authority of an agreement made under subsection 75 (1) (temporary care agreements), in accordance with section 76 (notice of termination); or

   (c)  where the placement is made under the authority of an agreement made under subsection 77 (1) (agreements with 16 and 17 year olds), in accordance with subsection 77 (4) (notice of termination).

Transfer to another placement

(5)  A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) shall not be transferred from one placement to another unless the consent that would be required for a new residential placement is given.

Child’s views and wishes

(6)  Before a child is placed in or discharged from a residential placement or transferred from one residential placement to another with the consent referred to in subsection (2), the service provider shall,

  (a)  ensure that the child and the person whose consent is required under subsection (2) are made aware of and understand, as far as possible, the reasons for the placement, discharge or transfer; and

  (b)  take the child’s views and wishes into account, given due weight in accordance with the child’s age and maturity.

Application of Health Care Consent Act, 1996

(7)  If the service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of this section.

Counselling service: child 12 or older

23 (1)  Aservice provider may provide a counselling service to a child who is 12 or older with the child’s consent, and no other person’s consent is required, but if the child is younger than 16, the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent.

Application of Health Care Consent Act, 1996

(2)  If the counselling service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of subsection (1).

PART III
funding and accountability

Definition

24 In this Part,

“lead agency” means an entity designated as a lead agency under subsection 30 (1).

Funding of Services and Lead Agencies

Provision of services directly or by others

25 The Minister may,

  (a)  provide services;

  (b)  establish, operate and maintain premises for the provision of services;

   (c)  provide funding, pursuant to agreements, to persons, agencies, municipalities, organizations and other prescribed entities,

           (i)  for the provision or coordination of services by them,

          (ii)  for the acquisition, maintenance or operation of premises used for the provision or coordination of services,

         (iii)  for the establishment of advisory groups or committees with respect to services,

         (iv)  for research, evaluation, planning, development, co-ordination or redesign with respect to services,

          (v)  for any other prescribed purpose; and

  (d)  provide funding, pursuant to agreements, to lead agencies with respect to the performance of the functions referred to in subsection 30 (5).

Services to persons older than 18

26 The Minister may provide services and provide funding pursuant to agreements for the provision of services to persons who are not children, and to their families, as if those persons were children.

Minister’s advisory committee

27 The Minister may appoint members to a Minister’s advisory committee, established by order of the Lieutenant Governor in Council, to advise the Minister on child and family well-being.

Security for payment of funds

28 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, charge, caution, registration of agreement or in such other manner as the Minister determines.

Conditions on transfer of assets

29 No service provider or lead agency shall transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations or any term of an agreement with the Minister.

Lead agencies

Designation

30 (1)  The Minister may designate an entity as a lead agency.

Conditions of designation

(2)  The Minister may impose conditions on a designation made under this section and may at any time amend or remove the conditions or impose new ones.

Revocation of designation

(3)  The Minister may revoke a designation made under this section.

Categories of lead agencies

(4)  The Minister may assign lead agencies to different lead agency categories established by the regulations.

Functions of lead agencies

(5)  Every lead agency shall perform the functions assigned to the lead agency’s category by the regulations.

List of lead agencies and categories

(6)  The Minister shall maintain a list of lead agencies and their categories.

Public availability

(7)  The Minister shall make the list available to the public.

Placements must comply with Act and regulations, etc.

31 No service provider shall place a child in a residential placement except in accordance with this Act, the regulations and the directives issued under this Act.

Directives and Compliance Orders (Lead Agencies and Service Providers)

Directives by Minister

Non-application

32 (1)  This section and section 33 do not apply in respect of,

  (a)  licensees under Part IX (Residential Licensing), when acting in their capacity as licensees under that Part; or

  (b)  societies, when performing their functions under subsection 35 (1).

Directives

(2)  The Minister may issue directives to service providers and lead agencies with respect to any prescribed matter.

Binding

(3)  Every service provider and lead agency shall comply with every directive issued to it under this section.

General or particular

(4)  A directive may be general or particular in its application.

Law prevails

(5)  For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails.

Public availability

(6)  The Minister shall make every directive under this section available to the public.

Non-application of Legislation Act, 2006

(7)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section.

Compliance order

Grounds

33 (1)  A program supervisor may make an order under subsection (2) if the program supervisor believes on reasonable grounds that a service provider or lead agency has failed to comply with,

  (a)  this Act or the regulations;

  (b)  a directive issued under section 32;

   (c)  in the case of a service provider, an agreement referred to in clause 25 (c) or section 26; or

  (d)  in the case of a lead agency,

           (i)  an agreement referred to in clause 25 (d);

          (ii)  a condition imposed on the lead agency’s designation under subsection 30 (2), or

         (iii)  subsection 30 (5) (functions of lead agencies).

Order

(2)  For the purposes of subsection (1), a program supervisor may issue an order to the service provider or lead agency that requires either or both of the following:

    1.  That the service provider or lead agency do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order.

    2.  That the service provider or lead agency prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance.

Compliance required

(3)  A service provider or lead agency served with an order under this section shall comply with the order within the time specified in it.

Public availability

(4)  The Minister,

  (a)  may make orders under this section available to the public; and

  (b)  shall make a summary of each order under this section available to the public in accordance with the regulations.

Failure to comply

(5)  If a service provider or lead agency fails to comply with an order made under this section within the time specified in it, the Minister may terminate all or part of the funding provided to the service provider or lead agency.

Children’s Aid Societies

Children’s aid society

Designation

34 (1)  The Minister may designate an agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions of a society set out in subsection 35 (1).

Conditions on designation

(2)  For any or all of the functions of a society set out in subsection 35 (1), the Minister may impose conditions on the designation and may at any time amend or remove the conditions or impose new ones.

Amendment of designation

(3)  The Minister may at any time amend a designation to provide that the society is no longer designated for a particular function or functions set out in subsection 35 (1) or to alter the society’s territorial jurisdiction.

Society deemed to be a local board

(4)  A society is deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the Municipal Conflict of Interest Act.

Not Crown agents

(5)  A society and its members, officers, employees and agents are not agents of the Crown in right of Ontario and shall not hold themselves out as such.

No Crown liability

(6)  No action or other proceeding shall be instituted against the Crown in right of Ontario for any act or omission of a society or its members, officers, employees or agents.

Functions

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

  (a)  investigate allegations or evidence that children may be in need of protection;

  (b)  protect children where necessary;

   (c)  provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;

  (d)  provide care for children assigned or committed to its care under this Act;

  (e)  supervise children assigned to its supervision under this Act;

   (f)  place children for adoption under Part VIII (Adoption and Adoption Licensing); and

  (g)  perform any other duties given to it by this Act or the regulations or any other Act.

Prescribed standards, etc.

(2)  A society shall,

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

  (b)  follow the prescribed procedures and practices.

Governance matters

First Nations, Inuit or Métis representatives on board

36 (1)  A society that provides services to First Nations, Inuit or Métis children and families shall have the prescribed number of First Nations, Inuit or Métis representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms.

Employee may not sit on board

(2)  An employee of a society shall not be a member of the society’s board.

By-laws

(3)  The by-laws of a society shall include any provisions that are prescribed.

No personal liability

37 No action shall be instituted against a member of the board of directors or an officer or employee of a society for any act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in good faith in the execution of that duty.

Appointment of local director

38 Every society shall appoint a local director with the prescribed qualifications, powers and duties.

Designation of places of safety

39 For the purposes of Part V (Child Protection), a local director may designate a place as a place of safety and may designate a class of places as places of safety.

Funding and Accountability Agreements

Funding

Payments by Minister

40 (1)  The Minister shall pay to every society, out of money appropriated for the purpose by the Legislature, an amount determined in accordance with the regulations.

Manner of payment

(2)  An amount payable to a society under subsection (1), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister.

Accountability agreement

41 (1)  Every society shall enter into an accountability agreement with the Minister as a condition of receiving funding.

Term

(2)  The term of an accountability agreement shall be for at least one of the Ministry’s fiscal years but may be for a longer term specified by the Minister.

Board approval

(3)  The society’s board of directors shall approve the accountability agreement before the society enters into the agreement.

Content

(4)  An accountability agreement must include a requirement that the society operate within its approved budget allocation and any other prescribed terms.

If no agreement

(5)  If the Minister and a society cannot agree on the terms of an accountability agreement by a date determined by the Minister, the Minister may set the terms of the agreement.

Directives and Compliance Orders (Societies)

Directives by Minister

42 (1)  The Minister may issue directives to societies, including directives with respect to financial and administrative matters and the performance of their functions under subsection 35 (1).

Binding

(2)  A society shall comply with every directive issued to it under this section.

General or particular

(3)  A directive may be general or particular in its application.

Law prevails

(4)  For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails.

Public availability

(5)  The Minister shall make every directive under this section available to the public.

Non-application of Legislation Act, 2006

(6)  Part III (Regulations) of theLegislation Act, 2006 does not apply to a directive issued under this section.

Compliance order

Grounds

43 (1)  A Director may make an order under subsection (2) if the Director believes on reasonable grounds that a society has failed to comply with,

  (a)  this Act or the regulations;

  (b)  a condition imposed on the society’s designation under subsection 34 (2);

   (c)  an accountability agreement entered into under section 41; or

  (d)  a directive issued under section 42.

Order

(2)  For the purposes of subsection (1), a Director may issue an order to the society that requires either or both of the following:

    1.  That the society do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order.

    2.  That the society prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance.

Compliance required

(3)  A society served with an order under this section shall comply with the order within the time specified in it.

Public availability

(4)  The Minister,

  (a)  may make orders under this section available to the public; and

  (b)  shall make a summary of each order under this section available to the public in accordance with the regulations.

Minister’s Powers

Powers of Minister

Grounds

44 (1)  The Minister may exercise a power set out in subsection (3) if,

  (a)  a society has failed to comply with a compliance order made under section 43 within the time specified in it; or

  (b)  the Minister considers it to be in the public interest to do so.

Public interest

(2)  In considering the public interest under clause (1) (b), the Minister may consider any matter the Minister regards as relevant including,

  (a)  the quality of the financial and operational management of the society;

  (b)  the society’s capabilities with respect to its corporate governance; and

   (c)  the quality of services provided by the society.

Powers

(3)  For the purposes of subsection (1), the Minister may do one or more of the following:

    1.  Order that the society cease a particular activity or take other corrective action within the time specified in the order.

    2.  Impose or amend conditions on the society’s designation under subsection 34 (1).

    3.  Suspend, amend or revoke the designation of the society.

    4.  Appoint members of the society’s board of directors if,

            i.  there are vacancies on the board, or

           ii.  there are no vacancies, but the appointment is for the purposes of designating that member as chair of the board under paragraph 7.

    5.  Remove members of the board and appoint others in their place.

    6.  Designate a chair of the board, if the office of chair is vacant.

    7.  Designate another chair of the board in place of the current chair.

    8.  Appoint a supervisor to operate and manage the affairs and activities of the society.

Notice of proposal

(4)  If the Minister proposes to act under subsection (3), the Minister shall give written notice of the proposal and reasons for it to the society.

Immediate action

(5)  Subsection (4) does not apply if,

  (a)  in the Minister’s opinion, the society has, by its conduct, acquiesced to the Minister’s proposal;

  (b)  the society has consented to the proposal; or

   (c)  there are not enough members on the board to form a quorum.

Right to respond

(6)  A society that receives notice under subsection (4) may make written submissions to the Minister within 14 days after receipt of the notice or within a different time period specified in the notice.

Minister’s decision

(7)  After considering a written submission from the society or, if no submission is received, after the time period under subsection (6) has expired, the Minister may carry out the proposal and shall give written notice of the decision and reasons for it to the society.

Decision final

(8)  The Minister’s decision is final.

Provisional action

(9)  Despite subsection (4), the Minister may provisionally exercise any of the powers set out in subsection (3) where, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to the public interest or to a person’s health, safety or well-being.

Notice

(10)  The Minister shall give written notice of the provisional exercise of the power and reasons for it to the society.

Decision final

(11)  The Minister’s decision to provisionally exercise the power is final.

Appointments to board, etc.

Members

45 (1)  If the Minister appoints members of a society’s board of directors under paragraph 4 or 5 of subsection 44 (3), the following rules apply:

    1.  The Minister shall ensure that the members do not constitute a majority of the number of members required to be on the board.

    2.  The members shall be appointed at the pleasure of the Minister for a period that does not exceed two years.

    3.  The members may serve as appointed members for no more than two consecutive years.

    4.  The members shall have the same rights and responsibilities as the members of the board that have been elected.

Chair

(2)  If the Minister designates a chair of the board of directors under paragraph 6 or 7 of subsection 44 (3), the following rules apply:

    1.  The chair may be designated from among the members of the board, including any members appointed by the Minister under paragraph 4 or 5 of subsection 44 (3).

    2.  The chair shall be designated at the pleasure of the Minister for a period that does not exceed two years.

    3.  The chair may serve as chair for no more than two consecutive years.

    4.  In the case of a designation under paragraph 7 of subsection 44 (3), the former chair may remain a member of the board.

Appointment of supervisor

46 (1)  This section applies if a supervisor is appointed to operate and manage the affairs and activities of a society under paragraph 8 of subsection 44 (3).

Term of appointment

(2)  The appointment of a supervisor is valid for a period not exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period at any time.

Powers and duties of supervisor

(3)  Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the society and its members, directors, Executive Director and officers.

Same

(4)  The Minister may, in the appointment, specify the supervisor’s powers and duties and the conditions governing them.

Examples of powers and duties

(5)  Without limiting the generality of subsection (4), the supervisor’s powers and duties may include the following:

    1.  Carrying on the society’s affairs and activities.

    2.  Entering into contracts on the society’s behalf.

    3.  Arranging for bank accounts to be opened in the society’s name.

    4.  Authorizing persons to sign financial and other documents on the society’s behalf.

    5.  Hiring or dismissing employees of the society.

    6.  Making, amending or revoking the society’s by-laws.

    7.  Executing and filing documents on the society’s behalf, including applications under the Corporations Act and notices and returns under the Corporations Information Act.

Continued powers and duties of society, etc.

(6)  If, under the appointment, the society or its members, directors, Executive Director or officers continue to have any powers or duties during the supervisor’s appointment, any exercise of that power or performance of that duty by the society or its members, directors, Executive Director or officers during that time is valid only if approved by the supervisor in writing.

Assistance

(7)  The supervisor may apply to the Superior Court of Justice for an order directing a peace officer to assist the supervisor in occupying the premises of a society.

Report to Minister

(8)  The supervisor shall report to the Minister as the Minister requires.

Minister’s directions

(9)  The Minister may issue directions to the supervisor with regard to any matter within the supervisor’s jurisdiction, and the supervisor shall carry them out.

No proceedings against Crown

(10)  No proceeding, other than a proceeding referred to in subsection (12), shall be commenced against the Crown or the Minister with respect to the appointment of the supervisor or any act of the supervisor done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power.

No personal liability

(11)  No action or other proceeding shall be instituted against the supervisor for any act done in good faith in the execution or intended execution of any duty or power under this Act or the regulations, or for an alleged neglect or default in the execution in good faith of that duty or power.

Crown liability

(12)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (11) of this section does not relieve the Crown of liability to which the Crown would otherwise be subject in respect of a tort committed by a supervisor.

Effect on board

(13)  On the appointment of a supervisor, the members of the society’s board cease to hold office, unless the appointment provides otherwise.

Same

(14)  During the term of the supervisor’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the appointment provides otherwise.

No personal liability

(15)  No action or other proceeding shall be instituted against a member or former member of the board for anything done by the supervisor after the member’s removal under subsection (13) or while the member’s powers are suspended under subsection (14).

Restructuring

Amalgamation by societies

Amalgamation proposal

47 (1)  Two or more societies that are proposing to amalgamate and continue as one society shall submit an amalgamation proposal to the Minister containing the information and in the form specified by the Minister.

Minister approval of proposal

(2)  The Minister may amend the amalgamation proposal and may approve it in whole or in part.

Amalgamation agreement

(3)  The societies shall not enter into an agreement to amalgamate under subsection 113 (2) of the Corporations Act until they have received the Minister’s approval of the amalgamation proposal under subsection (2). The amalgamation agreement must be consistent with the amalgamation proposal.

Minister approval of amalgamation application

(4)  The societies shall not apply to amalgamate under subsection 113 (4) of the Corporations Act until the application has first received the approval of the Minister.

Minister’s directions

(5)  The Minister may, at any time, issue directions to the societies with regard to the proposed amalgamation, including requiring that a society provide information or documents to the Minister, and the society shall comply with the directions.

Restructuring by Minister’s order

48 (1)  If the Minister considers it to be in the public interest, including to enhance the efficiency, effectiveness and consistency of services, the Minister may order a society to do any of the following on or after the date set out in the order:

    1.  To amalgamate with one or more other societies.

    2.  To transfer all or any part of its operations to one or more other societies.

    3.  To cease operating, to dissolve or to wind up its operations.

    4.  To do anything or refrain from doing anything in order for the society to achieve anything under paragraphs 1 to 3.

Minister’s directions

(2)  The Minister may, in the order, include directions to provide the following to the Minister within the time set out in the order:

    1.  A plan to implement the order, including with respect to the transfer of assets, liabilities, rights and obligations, and of employees.

    2.  A timeline according to which the order will be implemented.

    3.  A proposed budget for implementation of the order.

    4.  Information about the status of the implementation of the order.

    5.  In the case of an order made under paragraph 1 of subsection (1), an amalgamation agreement for the Minister’s approval.

    6.  Information with respect to any other matter specified by the Minister.

Notice of proposed order

(3)  If the Minister proposes to make an order under subsection (1), the Minister shall give written notice of the proposed order and any directions contained in the order, and reasons for them, to each affected society.

Notice to employees and bargaining agents

(4)  Each society that receives a notice under subsection (3) shall give a copy of the notice to affected employees and their bargaining agents.

Right to respond re directions

(5)  A society may make written submissions to the Minister within 30 days after receipt of the notice or within a different time period specified in the notice.  The written submissions may be with respect to any directions contained in the order, but not with respect to the order itself.

Minister’s decision re directions

(6)  After considering a written submission from the society or, if no submission is received, after the time period under subsection (5) has expired, the Minister may confirm, revoke or amend the directions contained in the order.

Notice of order

(7)  The Minister shall give a copy of the order to each affected society.

Duty of society

(8)  Each society that receives an order under subsection (7) shall,

  (a)  give notice of the order to affected employees and their bargaining agents and to other persons or entities whose contracts are affected by the order; and

  (b)  make the order available to the public.

Additional changes

(9)  The Minister may, at any time, revoke or amend an order made under this section, including any directions contained in the order.  If the Minister does so, subsections (3) to (8) apply with necessary modifications.

Compliance

(10)  A society that is the subject of an order under this section shall comply with it.

Corporate powers

(11)  A society that is the subject of an order under this section is deemed to have the necessary powers to comply with the order, despite any of the following:

    1.  Any Act or regulation.

    2.  Any other instrument related to the corporate governance of a society, including the Corporations Act or any letters patent, supplementary letters patent or by-laws.

Non-application of Legislation Act, 2006

(12)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under this section.

Minister approval of amalgamation agreement

(13)  When a society provides an amalgamation agreement to the Minister in accordance with directions given under paragraph 5 of subsection (2), the Minister may amend the agreement and may approve it in whole or in part.

Minister approval of amalgamation application

(14)  A society shall not apply to amalgamate under subsection 113 (4) of the Corporations Act until the application has first received the approval of the Minister.

Appointment of supervisor for restructuring

49 (1)  The Minister may appoint a supervisor to implement or facilitate the implementation of an order made under section 48 if,

  (a)  an affected society has failed to comply with the order; or

  (b)  in the Minister’s opinion, there is undue delay, lack of progress or disagreement between or among affected parties that is preventing or is likely to prevent an affected society from complying with the order.

Application of other provisions

(2)  If the Minister proposes to appoint a supervisor under subsection (1), subsections 44 (4) to (8) and subsections 46 (2) to (15) apply with necessary modifications.

Board compliance

(3)  The members of an affected society’s board of directors shall comply with decisions of a supervisor appointed under subsection (1) to facilitate the implementation of an order made under section 48 with regard to matters within the supervisor’s jurisdiction.

Conflict with Corporations Act, etc.

50 In the event of a conflict between sections 44 to 49 and any of the following, sections 44 to 49 prevail:

    1.  The Corporations Act or regulations made under that Act.

    2.  A society’s letters patent, supplementary letters patent or by-laws.

Transfer of property held for charitable purpose

51 (1)  If an order made under section 48 directs a society to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred are deemed to be gifts, trusts, bequests, devises and grants of property to the transferee.

Specified purpose

(2)  If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose.

Application

(3)  Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force.

No compensation

52 (1)  Despite any other Act, no person or entity, including a society, is entitled to any compensation for any loss or damages arising from any direct or indirect action that the Minister or a supervisor appointed under section 44 or 49 takes under this Act, including making an order under section 48.

Same, transfer of property

(2)  Despite any other Act, no person or entity, including a society, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under an order made under section 48.

No expropriation

(3)  Nothing in this Part and nothing done or not done in accordance with this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Appointments and Delegations

Directors and program supervisors

Appointment of Director

53 (1)  The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations.

Appointment of program supervisor

(2)  The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations.

Limitations, etc., on appointments

(3)  The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject.

Remuneration and expenses

(4)  The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister and shall be paid out of money appropriated for the purpose by the Legislature.

Duties of Director with respect to societies

54 (1)  A Director shall exercise the powers and perform the duties of a society in any area in which no society is functioning.

Powers of local director

(2)  In exercising the powers and performing the duties of a society under subsection (1), a Director has all the powers of a local director.

Delegation by Minister

55 (1)  Where, under this Act, a power is given to or a duty is imposed on the Minister, a Director, a program supervisor or an employee in the Ministry, the Minister may delegate that power or duty to any other person or class of persons.

Conditions, etc.

(2)  The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it.

Deeds and contracts

(3)  Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under this section.

Reports and Information

Reports and information to Minister

56 Every service provider and lead agency shall,

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

  (b)  make a report and provide information, including personal information, to the Minister whenever the Minister requests it.

Reports and information to prescribed entities

57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.

Information available to the public

58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner.

Program Supervisor Inspections

Inspection by program supervisor without a warrant

59 (1)  For the purpose of determining compliance with this Act, the regulations and the directives issued under this Act, a program supervisor may, at any reasonable time and without a warrant or notice, enter the following premises in order to conduct an inspection:

    1.  Premises where a service is provided under this Act.

    2.  Premises where a lead agency’s function referred to in subsection 30 (5) is performed.

    3.  Business premises of a service provider.

    4.  Business premises of a lead agency.

Limitation, dwelling

(2)  The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier.

Identification

(3)  A program supervisor conducting an inspection shall, upon request, produce proper identification.

Application of other provisions

(4)  Sections 276 (powers on inspection) and 279 (admissibility of certain documents) apply with necessary modifications with respect to an inspection conducted under this section.

Inspection by program supervisor with a warrant

60 (1)  A program supervisor may, without notice, apply to a justice for a warrant under this section.

Issuance of warrant

(2)  A justice may issue a warrant authorizing a program supervisor named in the warrant to enter the premises specified in the warrant and to exercise any of the powers mentioned in subsection 276 (1), if the justice is satisfied on information under oath or affirmation,

  (a)  that the premises is a premises described in subsection 59 (1);

  (b)  in the case of a premises that is not used as a dwelling,

           (i)  that the program supervisor has been prevented from exercising a right of entry to the premises under section 59 or a power under subsection 276 (1), or

          (ii)  that there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises under section 58 or a power under subsection 276 (1); and

   (c)  in the case of a premises that is used as a dwelling,

           (i)  that,

                 (A)  the program supervisor believes on reasonable grounds that a service being provided, or the manner of providing it, is causing harm or is likely to cause harm to a person’s health, safety or well-being as a result of non-compliance with this Act, the regulations or the directives issued under this Act, and

                 (B)  it is necessary for the program supervisor to exercise the powers mentioned in subsection 276 (1) in order to inspect the service or the manner of providing it, or

          (ii)  that a ground exists that is prescribed for the purposes of this subclause.

Expert help

(3)  The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the program supervisor in the execution of the warrant.

Expiry of warrant

(4)  A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued.

Extension of time

(5)  A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the program supervisor named in the warrant.

Use of force

(6)  A program supervisor named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a peace officer for assistance in executing the warrant.

Time of execution

(7)  A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise.

Other matters

(8)  Subsections 276 (2) to (7) and section 279 apply with necessary modifications with respect to the exercise of powers referred to in subsection (2) under a warrant issued under this section.

Definition

(9)  In this section,

“justice” means a provincial judge or a justice of the peace.

Inspection report

61 (1)  After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to,

  (a)  a Director;

  (b)  the service provider or lead agency; and

   (c)  any other prescribed person.

All non-compliance to be documented

(2)  If a program supervisor finds that a service provider or lead agency has not complied with a requirement of this Act, the regulations or a directive issued under this Act, the program supervisor shall document the non-compliance in the inspection report.

Review by Residential Placement Advisory Committee

Definitions

62 In sections 63 to 66,

“advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“comité consultatif”)

“institution” means,

  (a)  a children’s residence, other than a maternity home, operated by the Minister or under the authority of a licence issued under Part IX (Residential Licensing) in which residential care can be provided to 10 or more children at a time, or

  (b)  a building, group of buildings or part of a building, designated by a Director, in which residential care can be provided to 10 or more children at a time; (“foyer”)

“residential placement” does not include,

  (a)  a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice),

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

   (c)  a placement with a person who is neither a service provider nor a foster parent; (“placement en établissement”)

“special need” means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. (“besoin particulier”)

Residential placement advisory committees

63 (1)  The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee.

Composition

(2)  Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include,

  (a)  persons engaged in providing services;

  (b)  other persons who have demonstrated an informed concern for the welfare of children;

   (c)  one representative of the Ministry; and

  (d)  if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community.

Payments to members, hiring of staff

(3)  The Minister may pay allowances and reasonable travelling expenses to the members of an advisory committee, and may authorize an advisory committee to hire support staff.

Duties of advisory committee

(4)  An advisory committee has a duty to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential care and alternatives to residential care, to conduct reviews under section 64 and to name persons for the purpose of subsection 75 (11) (contact with child under temporary care agreement), and has such further duties as are prescribed.

Reports to Minister

(5)  An advisory committee shall make a report of its activities to the Minister annually and at any other time requested by the Minister.

Review by advisory committee

Mandatory review

64 (1)  An advisory committee shall review,

  (a)  every residential placement in an institution of a child who resides within the advisory committee’s jurisdiction, if the residential placement is intended to last or actually lasts 90 days or more,

           (i)  as soon as possible, but no later than 45 days after the day on which the child is placed in the institution,

          (ii)  unless the residential placement is reviewed under subclause (i), within 12 months of the establishment of the advisory committee or within such longer period as the Minister allows, and

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

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

           (i)  within the week immediately following the day that is 14 days after the child is placed, and

          (ii)  while the residential placement continues, at least once during each nine-month period after the review under subclause (i); and

   (c)  an existing or proposed residential placement of a child that the Minister refers to the advisory committee, within 30 days of the referral.

Discretionary review

(2)  An advisory committee may at any time review or re-review, on a person’s request or on its own initiative, an existing or proposed residential placement of a child who resides within the advisory committee’s jurisdiction.

Review to be informal, etc.

(3)  An advisory committee shall conduct a review under this section in an informal manner and in the absence of the public, and in the course of the review may,

  (a)  interview the child, members of the child’s family and any representatives of the child and family;

  (b)  interview persons engaged in providing services and other persons who may have an interest in the matter or may have information that would assist the advisory committee;

   (c)  examine documents and reports that are presented to the committee; and

  (d)  examine records relating to the child and members of the child’s family that are disclosed to the committee.

Service providers to assist advisory committee

(4)  At an advisory committee’s request, a service provider shall assist and co-operate with the advisory committee in its conduct of a review.

Matters to be considered

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

  (a)  considerwhether the child has a special need;

  (b)  consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity;

   (c)  consider what programs are available for the child in the residential placement or proposed residential placement, and whether a program available to the child is likely to benefit the child;

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

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

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

  (g)  in the case of a First Nations, Inuk or Métis child, also consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community.

Advisory committee’s recommendations

Persons to be advised

65 (1)  An advisory committee that conducts a review shall advise the following persons of its recommendations as soon as the review has been completed:

    1.  The service provider.

    2.  Any representative of the child.

    3.  The child’s parent or, where the child is in a society’s lawful custody, the society.

    4.  The child, in language suitable to the child’s understanding.

    5.  In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2, 3 and 4 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Child to be advised of right to review by Board of residential placement

(2)  An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66.

Report to Minister

(3)  An advisory committee that conducts a review shall, within 30 days of completing the review, make a report of its findings and recommendations to the Minister.

Recommendation for less restrictive service

(4)  Where an advisory committee considers that the provision of a less restrictive service to a child would be more appropriate for the child than the residential placement, the advisory committee shall recommend in its report under subsection (3) that the less restrictive service be provided to the child.

Review by Board

Child may request review

66 (1)  A child who is in a residential placement to which the child objects may apply to the Board for a determination of where the child should remain or be placed, if the residential placement has been reviewed by an advisory committee under section 64 and,

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

  (b)  the advisory committee’s recommendations are not followed.

Board to conduct review

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

Notice to child of hearing

(3)  The Board shall advise the child whether it intends to hold a hearing or not within 10 days of receiving the child’s application.

Parties

(4)  The parties to a hearing under this section are,

  (a)  the child;

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

   (c)  in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a) and (b) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and

  (d)  any other persons that the Board specifies.

Time for determination

(5)  The Board shall complete its review and make a determination within 30 days of receiving a child’s application, unless,

  (a)  the Board holds a hearing with respect to the application; and

  (b)  the parties consent to a longer period for the Board’s determination.

Board’s order

(6)  After conducting a review under subsection (2), the Board may,

  (a)  order that the child be transferred to another residential placement, if the Board is satisfied that the other residential placement is available;

  (b)  order that the child be discharged from the residential placement; or

   (c)  confirm the existing residential placement.

Offences

Offences

67 (1)  A person or entity is guilty of an offence if the person or entity,

  (a)  contravenes section 56 (reports and information);

  (b)  contravenes section 57 (reports and information to prescribed entities);

   (c)  contravenes section 58 (information available to public);

  (d)  knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations.

Penalty

(2)  A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000.

Offence — obstruction of program supervisor

(3)  A person is guilty of an offence if the person hinders, obstructs or interferes with a program supervisor conducting an inspection under this Part, or otherwise impedes a program supervisor in exercising the powers or performing the duties of a program supervisor under this Part.

Penalty

(4)  A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000.

Limitation

(5)  A proceeding in respect of an offence under subsection (1) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director or program supervisor.

Directors, officers and employees

(6)  If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence.

PART IV
first Nations, inuit and métis child and family serviCes

Regulations listing First Nations, Inuit and Métis communities

68 (1)  The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act.

More than one community

(2)  A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community.

Consent of representatives

(3)  Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.

Agreements with bands and First Nations, Inuit or Métis communities

69 The Minister may, for the provision of services,

  (a)  make agreements with bands and First Nations, Inuit or Métis communities and with any other parties whom the bands or communities choose to involve; and

  (b)  provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.

Designation of child and family service authority

70 (1)  A band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority.

Agreements, etc.

(2)  Where a band or First Nations, Inuit or Métis community has designated a First Nations, Inuit or Métis child and family service authority, the Minister,

  (a)  shall, at the band’s or community’s request, enter into negotiations for the provision of services by the child and family service authority;

  (b)  may enter into agreements with the child and family service authority and, if the band or community agrees, any other person, for the provision of services; and

   (c)  may designate the child and family service authority, with its consent, as a society under subsection 34 (1).

Subsidy for customary care

71 If a band or First Nations, Inuit or Métis community declares that a First Nations, Inuk or Métis child is being cared for under customary care, a society or entity may grant a subsidy to the person caring for the child.

Consultation with bands and First Nations, Inuit or Métis communities

72 A society, person or entity that provides services or exercises powers under this Act with respect to First Nations, Inuit or Métis children or young persons shall regularly consult with their bands and First Nations, Inuit or Métis communities about the provision of the services or the exercise of the powers and about matters affecting the children or young persons, including,

  (a)  bringing children to a place of safety and the placement of children in residential care;

  (b)  the provision of family support services;

   (c)  the preparation of plans for the care of children;

  (d)  status reviews under Part V (Child Protection);

  (e)  temporary care agreements under Part V (Child Protection);

   (f)  society agreements with 16 and 17 year olds under Part V (Child Protection);

  (g)  adoption placements;

  (h)  the establishment of emergency houses; and

    (i)  any other matter that is prescribed.

Consultation in specified cases

73 A society, person or entity that proposes to provide a prescribed service to a First Nations, Inuk or Métis child or young person, or to exercise a prescribed power under this Act in relation to such a child or young person, shall consult with a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities in accordance with the regulations.

part V
child Protection

Interpretation

Interpretation

Definitions

74 (1)  In this Part,

“child protection worker” means a Director, a local director or a person who meets the prescribed requirements and who is authorized by a Director or local director for the purposes of section 81 (commencing child protection proceedings) and for other prescribed purposes; (“préposé à la protection de l’enfance”)

“extra-provincial child protection order” means a temporary or final order made by a court of another province or a territory of Canada, or of a prescribed jurisdiction outside Canada if it meets prescribed conditions, pursuant to child welfare legislation of that province, territory or other jurisdiction, placing a child into the care and custody of a child welfare authority or other person named in the order; (“ordonnance extraprovinciale de protection d’un enfant”)

“parent”, when used in reference to a child, means each of the following persons, but does not include a foster parent:

    1.  A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act.

    2.  In the case of a child conceived through sexual intercourse, an individual described in one of paragraphs 1 to 5 of subsection 7 (2) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that the sperm used to conceive the child did not come from the individual.

    3.  An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.

    4.  In the case of an adopted child, a parent of the child as provided for under section 217 or 218.

    5.  An individual who has lawful custody of the child.

    6.  An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support.

    7.  An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.

    8.  An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (“parent”)

“place of safety” means a foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director or local director under section 39, but does not include a place of temporary detention, of open custody or of secure custody; (“lieu sûr”)

Child in need of protection

(2)  A child is in need of protection where,

  (a)  the child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person’s,

           (i)  failure to adequately care for, provide for, supervise or protect the child, or

          (ii)  pattern of neglect in caring for, providing for, supervising or protecting the child;

  (b)  there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,

           (i)  failure to adequately care for, provide for, supervise or protect the child, or

          (ii)  pattern of neglect in caring for, providing for, supervising or protecting the child;

   (c)  the child has been sexually abused or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual abuse or sexual exploitation and fails to protect the child;

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

  (e)  the child requires treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996 and the parent is a substitute decision-maker for the child, the parent refuses or is unavailable or unable to consent to the treatment on the child’s behalf;

   (f)  the child has suffered emotional harm, demonstrated by serious,

           (i)  anxiety,

          (ii)  depression,

         (iii)  withdrawal,

         (iv)  self-destructive or aggressive behaviour, or

          (v)  delayed development,

         and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;

  (g)  the child has suffered emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the harm;

  (h)  there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child;

    (i)  there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and that the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment to prevent the harm;

    (j)  the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide treatment or access to treatment, or where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the condition;

   (k)  the child’s parent has died or is unavailable to exercise 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;

    (l)  the child is younger than 12 and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment;

(m)  the child is younger than 12 and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately;

  (n)  the child’s parent is unable to care for the child and the child is brought before the court with the parent’s consent and, where the child is 12 or older, with the child’s consent, for the matter to be dealt with under this Part; or

  (o)  the child is 16 or 17 and a prescribed circumstance or condition exists.

Best interests of child

(3)  Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall,

  (a)  consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained;

  (b)  in the case of a First Nations, Inuk or Métis child, consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community, in addition to the considerations under clauses (a) and (c); and

   (c)  consider any other circumstance of the case that the person considers relevant, including,

           (i)  the child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs,

          (ii)  the child’s physical, mental and emotional level of development,

         (iii)  the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression,

         (iv)  the child’s cultural and linguistic heritage,

          (v)  the importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family,

         (vi)  the child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community,

        (vii)  the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity,

       (viii)  the merits of a plan for the child’s care proposed by a society, including a proposal that the child be placed for adoption or adopted, compared with the merits of the child remaining with or returning to a parent,

         (ix)  the effects on the child of delay in the disposition of the case,

          (x)  the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent, and

         (xi)  the degree of risk, if any, that justified the finding that the child is in need of protection.

Place of safety

(4)  For the purposes of the definition of “place of safety” in subsection (1), a person’s home is a place of safety for a child if,

  (a)  the person is a relative of the child or a member of the child’s extended family or community; and

  (b)  a society or, in the case of a First Nations, Inuk or Métis child, a society or a child and family service authority, has conducted an assessment of the person’s home in accordance with the prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child.

Definition, child and family service authority

(5)  In subsection (4),

“child and family service authority” means a First Nations, Inuit or Métis child and family service authority designated under section 70.

Voluntary Agreements

Temporary care agreement

75 (1)  A person who is temporarily unable to care adequately for a child in the person’s custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child.

Older child to be party to agreement

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

Exception: developmental disability

(3)  Subsection (2) does not apply where it has been determined on the basis of an assessment not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability.

Duty of society

(4)  A society shall not make a temporary care agreement unless the society,

  (a)  has determined that an appropriate residential placement that is likely to benefit the child is available; and

  (b)  is satisfied that no course of action less disruptive to the child, such as care in the child’s own home, is able to adequately protect the child.

Term of agreement limited

(5)  No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed 12 months.

Time limit

(6)  No temporary care agreement shall be made or extended so as to result in a child being in a society’s care and custody, for a period exceeding,

  (a)  12 months, if the child is younger than 6 on the day the agreement is entered into or extended; or

  (b)  24 months, if the child is 6 or older on the day the agreement is entered into or extended.

Calculating time in care

(7)  The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (6):

    1.  An interim society care order made under paragraph 2 of subsection 101 (1).

    2.  A temporary care agreement under subsection (1) of this section.

    3.  A temporary order made under clause 94 (2) (d).

Previous periods to be counted

(8)  The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (7) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody.

Authority to consent to medical treatment may be transferred

(9)  A temporary care agreement may provide that, where the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society is entitled to act in the place of a parent in providing consent to treatment on the child’s behalf.

Contents of temporary care agreement

(10)  A temporary care agreement shall include the following:

    1.  A statement by all the parties to the agreement that the child’s care and custody are transferred to the society.

    2.  A statement by all the parties to the agreement that the child’s placement is voluntary.

    3.  A statement, by the person referred to in subsection (1), that the person is temporarily unable to care for the child adequately and has discussed with the society alternatives to residential placement of the child.

    4.  An undertaking by the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care.

    5.  If it is not possible for the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care, the person’s designation of another person who is willing to do so.

    6.  The name of the individual who is the primary contact between the society and the person referred to in subsection (1).

    7.  Such other provisions as are prescribed.

Designation by advisory committee

(11)  Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 of subsection (10) or designate another person under paragraph 5 of subsection (10), a residential placement advisory committee established under subsection 63 (1) that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care.

Variation of agreement

(12)  The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it.

Agreement expires at 18

(13)  No temporary care agreement shall continue beyond the 18th birthday of the person who is its subject.

Notice of termination of agreement

76 (1)  A party to a temporary care agreement may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.

When notice takes effect

(2)  Where notice is given under subsection (1), the agreement terminates on the expiry of five days, or such longer period not exceeding 21 days as the agreement specifies, after the day on which every other party has actually received the notice.

Society response to notice of termination

(3)  Where notice of a wish to terminate a temporary care agreement is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2),

  (a)  cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;

  (b)  where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part  to determine whether the child would be in need of protection in that case; or

   (c)  where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).

Expiry of agreement

(4)  Where a temporary care agreement expires or is about to expire and is not extended, the society shall, before the agreement expires or as soon as practicable thereafter, but in any event within 21 days after the agreement expires,

  (a)  cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made;

  (b)  where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part to determine whether the child would be in need of protection in that case; or

   (c)  where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).

Society agreements with 16 and 17 year olds

77 (1)  The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where,

  (a)  the society has jurisdiction where the child resides;

  (b)  the society has determined that the child is or may be in need of protection;

   (c)  the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and

  (d)  the child wants to enter into the agreement.

Term of agreement

(2)  The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months.

Previous or current involvement with society not a bar to agreement

(3)  A child may enter into an agreement under this section regardless of any previous or current involvement with a society, and without regard to any time during which the child has been in a society’s care pursuant to an agreement made under section 75 (1) or pursuant to an order made under clause 94 (2) (d) or paragraph 2 or 3 of subsection 101 (1).

Notice of termination of agreement

(4)  A party to an agreement made under this section may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.

Agreement expires at 18

(5)  No agreement made under this section shall continue beyond the 18th birthday of the person who is its subject.

Current agreements and orders must be terminated first

(6)  Despite subsection (3), an agreement may not come into force under this section until any temporary care agreement under section 75 or order for the care or supervision of a child under this Part is terminated.

Representation by Children’s Lawyer

(7)  The Children’s Lawyer may provide legal representation to the child entering into an agreement under this section if, in the opinion of the Children’s Lawyer, such legal representation is appropriate.

Legal Representation

Legal representation of child

78 (1)  A child may have legal representation at any stage in a proceeding under this Part.

Court to consider issue

(2)  Where a child does not have legal representation in a proceeding under this Part, the court,

  (a)  shall, as soon as practicable after the commencement of the proceeding; and

  (b)  may, at any later stage in the proceeding,

determine whether legal representation is desirable to protect the child’s interests.

Direction for legal representation

(3)  Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child.

Criteria

(4)  Where,

  (a)  the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be placed in interim or extended society care under paragraph 2 or 3 of subsection 101 (1);

  (b)  the child is in the society’s care and,

           (i)  no parent appears before the court, or

          (ii)  it is alleged that the child is in need of protection within the meaning of clause 74 (2) (a), (c), (f), (g) or (j); or

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

legal representation is deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, that the child’s interests are otherwise adequately protected.

Where parent a minor

(5)  Where a child’s parent is younger than 18, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise.

Parties and Notice

Parties

79 (1)  The following are parties to a proceeding under this Part:

    1.  The applicant.

    2.  The society having jurisdiction in the matter.

    3.  The child’s parent.

    4.  In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2 and 3 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Director to be added

(2)  At any stage in a proceeding under this Part, the court shall add a Director as a party on the Director’s motion.

Right to participate

(3)  Any person, including a foster parent, who has cared for the child continuously during the six months immediately before the hearing,

  (a)  is entitled to the same notice of the proceeding as a party;

  (b)  may be present at the hearing;

   (c)  may be represented by a lawyer; and

  (d)  may make submissions to the court,

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

Child 12 or older

(4)  A child 12 or older who is the subject of a proceeding under this Part is entitled to receive notice of the proceeding and to be present at the hearing, unless the court is satisfied that being present at the hearing would cause the child emotional harm and orders that the child not receive notice of the proceeding and not be permitted to be present at the hearing.

Child younger than 12

(5)  A child younger than 12 who is the subject of a proceeding under this Part is not entitled to receive notice of the proceeding or to be present at the hearing unless the court is satisfied that the child,

  (a)  is capable of understanding the hearing; and

  (b)  will not suffer emotional harm by being present at the hearing,

and orders that the child receive notice of the proceeding and be permitted to be present at the hearing.

Child’s participation

(6)  A child who is the applicant under subsection 113 (4) or 115 (4) (status review), receives notice of a proceeding under this Part or has legal representation in a proceeding is entitled to participate in the proceeding and to appeal under section 121 as if the child were a party.

Dispensing with notice

(7)  Where the court is satisfied that the time required for notice to a person might endanger the child’s health or safety, the court may dispense with notice to that person.

Customary Care

Customary care

80 A society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child,

  (a)  is in need of protection;

  (b)  cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order; and

   (c)  is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community.

Commencing Child Protection Proceedings

Warrants, orders, etc.

Application

81 (1)  A society may apply to the court to determine whether a child is in need of protection.

Warrant to bring child to place of safety

(2)  A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that,

  (a)  the child is younger than 16;

  (b)  the child is in need of protection; and

   (c)  a less restrictive course of action is not available or will not protect the child adequately.

When warrant may not be refused

(3)  A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7).

Order to produce child or bring child to place of safety

(4)  Where the court is satisfied, on a person’s application upon notice to a society, that there are reasonable and probable grounds to believe that,

  (a)  a child is in need of protection, the matter has been reported to the society, the society has not made an application under subsection (1), and no child protection worker has sought a warrant under subsection (2) or brought the child to a place of safety under subsection (7); and

  (b)  the child cannot be protected adequately otherwise than by being brought before the court,

the court may order,

   (c)  that the person having charge of the child produce the child before the court at the time and place named in the order for a hearing under subsection 90 (1) to determine whether the child is in need of protection; or

  (d)  where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety.

Child’s name, location not required

(5)  It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located.

Authority to enter, etc.

(6)  A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.

Bring child to place of safety without warrant

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

  (a)  a child is in need of protection;

  (b)  the child is younger than 16; and

   (c)  there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 90 (1) or obtain a warrant under subsection (2),

may without a warrant bring the child to a place of safety.

Police assistance

(8)  A child protection worker acting under this section may call for the assistance of a peace officer.

Consent to examine child

(9)  A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required.

Right of entry, etc.

(10)  A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.

Regulations re power of entry

(11)  A child protection worker authorized to enter premises under subsection (6) or (10) shall exercise the power of entry in accordance with the regulations.

Peace officer has powers of child protection worker

(12)  Subsections (2), (6), (7), (10) and (11) apply to a peace officer as if the peace officer were a child protection worker.

Protection from personal liability

(13)  No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty.

Exception, 16 and 17 year olds brought to place of safety with consent

82 (1)  A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents.

Temporary or final supervision order

(2)  In this section,

“temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a).

Special Cases of Bringing Children to a Place of Safety

Bringing children who are removed from or leave care to place of safety

With warrant

83 (1)  A justice of the peace may issue a warrant authorizing a 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,

  (a)  the child is actually or apparently younger than 16, and,

           (i)  has left or been removed from a society’s lawful care and custody without its consent, or

          (ii)  is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and

  (b)  there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child.

When warrant may not be refused

(2)  A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4).

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.

Without warrant

(4)  A peace officer or child protection worker may without a warrant bring the child to a place of safety if the peace officer or child protection worker believes on reasonable and probable grounds that,

  (a)  the child is actually or apparently younger than 16, and,

           (i)  has left or been removed from a society’s lawful care and custody without its consent, or

          (ii)  is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and

  (b)  there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1).

Bringing child younger than 12 home or to place of safety

84 (1)  A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so,

  (a)  shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or

  (b)  where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person.

Notice to parent, etc.

(2)  The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person.

Where child not returned to parent, etc., within 12 hours

(3)  Where a child brought to a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (7) and not under subsection (1).

Children who withdraw from parent’s care

Warrant to bring child to a place of safety

85 (1)  A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that,

  (a)  the child is younger than 16;

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

   (c)  the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety.

Child to be returned or brought to a place of safety

(2)  A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety.

Notice to person with care, custody or control

(3)  The person in charge of a place of safety to which a child is brought under subsection (2) shall make reasonable efforts to notify the person with care and control of the child that the child is in the place of safety so that the child may be returned to that person.

Where child not returned within 12 hours

(4)  Where a child brought to a place of safety under subsection (2) cannot be returned to the person with care and control of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (2) and not under subsection (1).

Where custody enforcement proceedings more appropriate

(5)  A justice of the peace shall not issue a warrant under subsection (1) in respect of a child who has withdrawn from the care and control of a person where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate.

No need to specify premises

(6)  It is not necessary in a warrant under subsection (1) to specify the premises where the child is located.

Child protection proceedings

(7)  Where a peace officer or child protection worker believes on reasonable and probable grounds that a child brought to a place of safety under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the person with care and control of the child,

  (a)  the peace officer or child protection worker may bring the child to a place of safety under subsection 81 (7); or

  (b)  where the child has been brought to a place of safety under subsection (4), the child is deemed to have been brought there under subsection 81 (7).

Authority to enter, etc.

86 (1)  A person authorized to bring a child to a place of safety by a warrant issued under subsection 83 (1) or 85 (1) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child

Right of entry, etc.

(2)  A person authorized under subsection 83 (4) or 84 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.

Regulations re power of entry

(3)  A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations.

Police assistance

(4)  A child protection worker acting under section 83 or 85 may call for the assistance of a peace officer.

Consent to examine child

(5)  Where subsection 84 (3) or 85 (4) applies to a child brought to a place of safety, a child protection worker may authorize the child’s medical examination where a parent’s consent would be otherwise required.

Protection from personal liability

(6)  No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 83, 84 or 85 or for an alleged neglect or default in the execution in good faith of that duty.

Hearings and Orders

Rules re hearings

Definition

87 (1)  In this section,

“media” means the press, radio and television media.

Application

(2)  This section applies to hearings held under this Part, except hearings under section 134 (child abuse register).

Hearings separate from criminal proceedings

(3)  A hearing shall be held separately from hearings in criminal proceedings.

Hearings private unless court orders otherwise

(4)  A hearing shall be held in the absence of the public, subject to subsection (5), unless the court orders that the hearing be held in public after considering,

  (a)  the wishes and interests of the parties; and

  (b)  whether the presence of the public would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.

Media representatives may attend

(5)  Media representatives chosen in accordance with subsection (6) may be present at a hearing that is held in the absence of the public, unless the court makes an order excluding them under subsection (7).

Selection of media representatives

(6)  The media representatives who may be present at a hearing that is held in the absence of the public shall be chosen as follows:

    1.  The media representatives in attendance shall choose not more than two persons from among themselves.

    2.  Where the media representatives in attendance are unable to agree on a choice of persons, the court may choose not more than two media representatives who may be present at the hearing.

    3.  The court may permit additional media representatives to be present at the hearing.

Order excluding media representatives or prohibiting publication

(7)  Where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding, the court may make an order,

  (a)  excluding a particular media representative from all or part of a hearing;

  (b)  excluding all media representatives from all or a part of a hearing; or

   (c)  prohibiting the publication of a report of the hearing or a specified part of the hearing.

Prohibition re identifying child

(8)  No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.

Prohibition re identifying person charged

(9)  The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.

Transcript

(10)  No person except a party or a party’s lawyer shall be given a copy of a transcript of the hearing, unless the court orders otherwise.

Time in place of safety limited

88 As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 81, subclause 83 (1) (a) (ii) or subsection 136 (5),

  (a)  the matter shall be brought before a court for a hearing under subsection 90 (1) (child protection hearing);

  (b)  the child shall be returned to the person who last had charge of the child or, where there is an order for the child’s custody that is enforceable in Ontario, to the person entitled to custody under the order;

   (c)  if the child is the subject of an extra-provincial child protection order, the child shall be returned to the child welfare authority or other person named in the order;

  (d)  a temporary care agreement shall be made under subsection 75 (1); or

  (e)  an agreement shall be made under section 77 (agreements with 16 and 17 year olds).

Time in place of safety limited, 16 or 17 year old

89 As soon as practicable, but in any event within five days after a child who is 16 or 17 is brought to a place of safety with the child’s consent under section 82,

  (a)  the matter shall be brought before a court for a hearing under subsection 90 (1); or

  (b)  the child shall be returned to the person entitled to custody of the child under an order made under this Part.

Child protection hearing

90 (1)  Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 101.

Child’s name, age, etc.

(2)  As soon as practicable, and in any event before determining whether a child is in need of protection, the court shall determine,

  (a)  the child’s name and age;

  (b)  whether the child is a First Nations, Inuk or Métis child and, if so, the child’s bands and First Nations, Inuit or Métis communities; and

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

Territorial jurisdiction

91 (1)  In this section,

“territorial jurisdiction” means a society’s territorial jurisdiction under subsection 34 (1).

Place of hearing

(2)  A hearing under this Part with respect to a child shall be held in the territorial jurisdiction in which the child ordinarily resides, except that,

  (a)  where the child is brought to a place of safety before the hearing, the hearing shall be held in the territorial jurisdiction in which the place from which the child was removed is located;

  (b)  where the child is in interim society care under an order made under paragraph 2 or 4 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the hearing shall be held in the society’s territorial jurisdiction; and

   (c)  where the child is the subject of an order for society supervision under paragraph 1 of subsection 101 (1) or clause 116 (1) (a), the hearing may be held in the society’s territorial jurisdiction or in the territorial jurisdiction in which the parent or other person with whom the child is placed resides.

Transfer of proceeding

(3)  Where the court is satisfied at any stage of a proceeding under this Part that there is a preponderance of convenience in favour of conducting it in another territorial jurisdiction, the court may order that the proceeding be transferred to that other territorial jurisdiction and be continued as if it had been commenced there.

Orders affecting society

(4)  The court shall not make an order placing a child in the care or under the supervision of a society unless the place where the court sits is within the society’s territorial jurisdiction.

Power of court

92 The court may, on its own initiative, summon a person to attend before it, testify and produce any document or thing, and may enforce obedience to the summons as if it had been made in a proceeding under the Family Law Act.

Evidence

Past conduct toward children

93 (1)  Despite anything in the Evidence Act, in any proceeding under this Part,

  (a)  the court may consider the past conduct of a person toward any child if that person is caring for or has access to or may care for or have access to a child who is the subject of the proceeding; and

  (b)  any oral or written statement or report that the court considers relevant to the proceeding, including a transcript, exhibit or finding or the reasons for a decision in an earlier civil or criminal proceeding, is admissible into evidence.

Evidence re disposition and finding

(2)  In a hearing under subsection 90 (1), evidence relating only to the disposition of the matter shall not be considered in determining if the child is in need of protection.

Adjournments

94 (1)  The court shall not adjourn a hearing for more than 30 days,

  (a)  unless all the parties present and the person who will be caring for the child during the adjournment consent; or

  (b)  if the court is aware that a party who is not present at the hearing objects to the longer adjournment.

Custody during adjournment

(2)  Where a hearing is adjourned, the court shall make a temporary order for care and custody providing that the child,

  (a)  remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part;

  (b)  remain in or be returned to the care and custody of the person referred to in clause (a), subject to the society’s supervision and on such reasonable terms and conditions as the court considers appropriate;

   (c)  be placed in the care and custody of a person other than the person referred to in clause (a), with the consent of that other person, subject to the society’s supervision and on such reasonable terms and conditions as the court considers appropriate; or

  (d)  remain or be placed in the care and custody of the society, but not be placed in a place of temporary detention, of open or of secure custody.

Where child is subject to extra-provincial order

(3)  Where a court makes an order under clause (2) (d) in the case of a child who is the subject of an extra-provincial child protection order the society may, during the period of the adjournment, return the child to the care and custody of the child welfare authority or other person named in the order.

Criteria

(4)  The court shall not make an order under clause (2) (c) or (d) unless the court is satisfied that there are reasonable grounds to believe that there is a risk that the child is likely to suffer harm and that the child cannot be protected adequately by an order under clause (2) (a) or (b).

Placement with relative, etc.

(5)  Before making a temporary order for care and custody under clause (2) (d), the court shall consider whether it is in the child’s best interests to make an order under clause (2) (c) to place the child in the care and custody of a person who is a relative of the child or a member of the child’s extended family or community.

Terms and conditions in order

(6)  A temporary order for care and custody of a child under clause (2) (b) or (c) may impose,

  (a)  reasonable terms and conditions relating to the child’s care and supervision;

  (b)  reasonable terms and conditions on the child’s parent, the person who will have care and custody of the child under the order, the child and any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and

   (c)  reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or to purchase any goods or services.

Application of s. 107

(7)  Where the court makes an order under clause (2) (d), section 110 (child in interim society care) applies with necessary modifications.

Access

(8)  An order made under clause (2) (c) or (d) may contain provisions regarding any person’s right of access to the child on such terms and conditions as the court considers appropriate.

Power to vary

(9)  The court may at any time vary or terminate an order made under subsection (2).

Evidence on adjournments

(10)  For the purpose of this section, the court may admit and act on evidence that the court considers credible and trustworthy in the circumstances.

Child’s views and wishes

(11)  Before making an order under subsection (2), the court shall take into consideration the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained.

Use of prescribed methods of alternative dispute resolution

95 At any time during a proceeding under this Part, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceeding to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding.

Delay: court to fix date

96 Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether a child is in need of protection and the determination has not been made within three months after the commencement of the proceeding, the court,

  (a)  shall by order fix a date for the hearing of the application, and the date may be the earliest date that is compatible with the just disposition of the application; and

  (b)  may give such directions and make such orders with respect to the proceeding as are just.

Reasons, etc.

97 (1)  Where the court makes an order under this Part, the court shall give,

  (a)  a statement of any terms or conditions imposed on the order;

  (b)  a statement of every plan for the child’s care proposed to the court;

   (c)  a statement of the plan for the child’s care that the court is applying in its decision; and

  (d)  reasons for its decision, including,

           (i)  a brief statement of the evidence on which the court bases its decision, and

          (ii)  where the order has the effect of removing or keeping the child from the care of the person who had charge of the child immediately before intervention under this Part, a statement of the reasons why the child cannot be adequately protected while in the person’s care.

No requirement to identify person or place

(2)  Clause (1) (b) does not require the court to identify a person with whom or a place where it is proposed that a child be placed for care and supervision.

Assessments

Order for assessment

98 (1)  In the course of a proceeding under this Part, the court may order that one or more of the following persons undergo an assessment within a specified time by a person appointed in accordance with subsections (3) and (4):

    1.  The child.

    2.  A parent of the child.

    3.  Any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child.

Criteria for ordering assessment

(2)  An assessment may be ordered if the court is satisfied that,

  (a)  an assessment of one or more of the persons specified in subsection (1) is necessary for the court to make a determination under this Part; and

  (b)  the evidence sought from an assessment is not otherwise available to the court.

Assessor selected by parties

(3)  An order under subsection (1) shall specify a time within which the parties to the proceeding may select a person to perform the assessment and submit the name of the selected person to the court.

Appointment of person selected by parties

(4)  The court shall appoint the person selected by the parties to perform the assessment if the court is satisfied that the person meets the following criteria:

    1.  The person is qualified to perform medical, emotional, developmental, psychological, educational or social assessments.

    2.  The person has consented to perform the assessment.

Appointment of a person not selected by parties

(5)  If the court is of the opinion that the person selected by the parties under subsection (3) does not meet the criteria set out in subsection (4), the court shall select and appoint another person who does meet the criteria.

Regulations

(6)  An order under subsection (1) and the assessment required by that order shall comply with such requirements as may be prescribed.

Report

(7)  The person performing an assessment under subsection (1) shall make a written report of the assessment to the court within the time specified in the order, which shall not be more than 30 days, unless the court is of the opinion that a longer assessment period is necessary.

Copies of report

(8)  At least seven days before the court considers the report at a hearing, the court or, where the assessment was requested by a party, that party, shall provide a copy of the report to,

  (a)  the person assessed, subject to subsections (9) and (10);

  (b)  the child’s lawyer or agent;

   (c)  a parent appearing at the hearing, or the parent’s lawyer;

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

  (e)  a Director, where the Director requests a copy;

   (f)  in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) (c), (d) and (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and

  (g)  any other person who, in the opinion of the court, should receive a copy of the report for the purposes of the case.

Child younger than 12

(9)  Where the person assessed is a child younger than 12, the child shall not receive a copy of the report unless the court considers it desirable that the child receive a copy of the report.

Child 12 or older

(10)  Where the person assessed is a child 12 or older, the child shall receive a copy of the report, except that where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm, the court may withhold all or part of the report from the child.

Conflict

(11)  Subsections (9) and (10) prevail despite anything in the Personal Health Information Protection Act, 2004.

Assessment is evidence

(12)  The report of an assessment ordered under subsection (1) is evidence and is part of the court record of the proceeding.

Inference from refusal

(13)  The court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under subsection (1).

Report inadmissible

(14)  The report of an assessment ordered under subsection (1) is not admissible into evidence in any other proceeding except,

  (a)  a proceeding under this Part, including an appeal under section 121;

  (b)  a proceeding referred to in section 137;

   (c)  a proceeding under Part VIII (Adoption and Adoption Licensing) respecting an application to make, vary or terminate an openness order; or

  (d)  a proceeding under the Coroners Act,

without the consent of the person or persons assessed.

Consent order: special requirements

99 Where a child is brought before the court on consent as described in clause 74 (2) (n), the court shall, before making an order under section 101 or 102 that would remove the child from the parent’s care and custody,

  (a)  ask whether,

           (i)  the society has offered the parent and child services that would enable the child to remain with the parent, and

          (ii)  the parent and, where the child is 12 or older, the child, has consulted independent legal counsel in connection with the consent; and

  (b)  be satisfied that,

           (i)  the parent and, where the child is 12 or older, the child, understands the nature and consequences of the consent,

          (ii)  every consent is voluntary, and

         (iii)  the parent and, where the child is 12 or older, the child, consents to the order being sought.

Society’s plan for child

100 The court shall, before making an order under section 101, 102, 114 or 116, obtain and consider a plan for the child’s care prepared in writing by the society and including,

  (a)  a description of the services to be provided to remedy the condition or situation on the basis of which the child was found to be in need of protection;

  (b)  a statement of the criteria by which the society will determine when its care or supervision is no longer required;

   (c)  an estimate of the time required to achieve the purpose of the society’s intervention;

  (d)  where the society proposes to remove or has removed the child from a person’s care,

           (i)  an explanation of why the child cannot be adequately protected while in the person’s care, and a description of any past efforts to do so, and

          (ii)  a statement of what efforts, if any, are planned to maintain the child’s contact with the person;

  (e)  where the society proposes to remove or has removed the child from a person’s care permanently, a description of the arrangements made or being made for the child’s long-term stable placement; and

   (f)  a description of the arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.

Order where child in need of protection

101 (1)  Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders or an order under section 102, in the child’s best interests:

Supervision order

    1.  That the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months.

Interim society care

    2.  That the child be placed in interim society care and custody for a specified period not exceeding 12 months.

Extended society care

    3.  That the child be placed in extended society care until the order is terminated under section 116 or expires under section 123.

Consecutive orders of interim society care and supervision

    4.  That the child be placed in interim society care and custody under paragraph 2 for a specified period and then be returned to a parent or another person under paragraph 1, for a period or periods not exceeding a total of 12 months.

Court to inquire

(2)  In determining which order to make under subsection (1) or section 102, the court shall ask the parties what efforts the society or another person or entity has made to assist the child before intervention under this Part.

Less disruptive alternatives preferred

(3)  The court shall not make an order removing the child from the care of the person who had charge of the child immediately before intervention under this Part unless the court is satisfied that alternatives that are less disruptive to the child, including non-residential care and the assistance referred to in subsection (2), would be inadequate to protect the child.

Community placement to be considered

(4)  Where the court decides that it is necessary to remove the child from the care of the person who had charge of the child immediately before intervention under this Part, the court shall, before making an order under paragraph 2 or 3 of subsection (1), consider whether it is possible to place the child with a relative, neighbour or other member of the child’s community or extended family under paragraph 1 of subsection (1) with the consent of the relative or other person.

First Nations, Inuk or Métis child

(5)  Where the child referred to in subsection (4) is a First Nations, Inuk or Métis child, unless there is a substantial reason for placing the child elsewhere, the court shall place the child with a member of the child’s extended family if it is possible or, if it is not possible,

  (a)  in the case of a First Nations child, another First Nations family;

  (b)  in the case of an Inuk child, another Inuit family; or

   (c)  in the case of a Métis child, another Métis family.

Further hearing with notice for orders for interim or extended society care

(6)  When the court has dispensed with notice to a person under subsection 79 (7), the court shall not make an order for interim society care under paragraph 2 of subsection (1) for a period exceeding 30 days or an order for extended society care under paragraph 3 of subsection (1) until a further hearing under subsection 90 (1) has been held upon notice to that person.

Terms and conditions of supervision order

(7)  If the court makes a supervision order under paragraph 1 of subsection (1), the court may impose,

  (a)  reasonable terms and conditions relating to the child’s care and supervision;

  (b)  reasonable terms and conditions on,

           (i)  the child’s parent,

          (ii)  the person who will have care and custody of the child under the order,

         (iii)  the child, and

         (iv)  any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child; and

   (c)  reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services.

Order for child to remain or return to person who had charge before intervention

(8)  Where the court finds that a child is in need of protection but is not satisfied that a court order is necessary to protect the child in the future, the court shall order that the child remain with or be returned to the person who had charge of the child immediately before intervention under this Part.

No order where child not subject to parental control

(9)  Where the court finds that a child who was not subject to parental control immediately before intervention under this Part by virtue of having withdrawn from parental control or who withdraws from parental control after intervention under this Part is in need of protection, but is not satisfied that a court order is necessary to protect the child in the future, the court shall make no order in respect of the child.

Custody order

102 (1)  Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 101 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons.

Deemed to be order under s. 28 Children’s Law Reform Act

(2)  An order made under subsection (1) and any access order under section 104 that is made at the same time as the order under subsection (1) is deemed to be made under section 28 of the Children’s Law Reform Actand 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.

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.

Deemed to be final order under s. 35 Children’s Law Reform Act

(4)  An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section.

Appeal under s. 121

(5)  Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 104 that is made at the same time as an order under subsection (1) are orders under this Part for the purposes of appealing from the orders under section 121.

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.

Application of s. 101 (3)

(7)  Subsection 101 (3) applies for the purposes of this section.

Effect of custody proceedings

103 If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding 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.

Access

Access order

104 (1)  The court may, in the child’s best interests,

  (a)  when making an order under this Part; or

  (b)  upon an application under subsection (2),

make, vary or terminate an order respecting a person’s access to the child or the child’s access to a person, and may impose such terms and conditions on the order as the court considers appropriate.

Who may apply

(2)  Where a child is in a society’s care and custody or supervision, the following may apply to the court at any time for an order under subsection (1):

    1.  The child.

    2.  Any other person, including a sibling of the child and, in the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

    3.  The society.

Notice

(3)  An applicant referred to in paragraph 2 of subsection (2) shall give notice of the application to the society.

Society to give notice of application

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

  (a)  the child, subject to subsections 79 (4) and (5) (notice to child);

  (b)  the child’s parent;

   (c)  the person caring for the child at the time of the application; and

  (d)  in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) and (c) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Child older than 16

(5)  No order respecting access to a person 16 or older shall be made under subsection (1) without the person’s consent.

Six-month period

(6)  No application shall be made under subsection (2) by a person other than a society within six months of,

  (a)  the making of an order under section 101;

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

   (c)  the disposition of an application under section 113 or 115; or

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

whichever is later.

No application where child placed for adoption

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

  (a)  is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c);

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

   (c)  still resides in that person’s home.

Access: where child removed from person in charge

105 (1)  Where an order is made under paragraph 1 or 2 of subsection 101 (1) removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact with the person would not be in the child’s best interests.

Access after custody order under s. 102

(2)  If a custody order is made under section 102 removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact will not be in the child’s best interests.

Access after supervision order or custody order under s. 116 (1)

(3)  If an order is made for supervision under clause 116 (1) (a) or for custody under clause 116 (1) (b), the court shall make an order for access by every person who had access before the application for the order was made under section 115, unless the court is satisfied that continued contact will not be in the child’s best interests.

Existing access order terminated if order made for extended society care

(4)  Where the court makes an order that a child be in extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), any order for access made under this Part with respect to the child is terminated.

When court may order access to child in extended society care

(5)  A court shall not make or vary an access order under section 104 with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) unless the court is satisfied that the order or variation would be in the child’s best interests.

Additional considerations for best interests test

(6)  The court shall consider, as part of its determination of whether an order or variation would be in the child’s best interests under subsection (5),

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

  (b)  if the court considers it relevant, whether the ordered access will impair the child’s future opportunities for adoption.

Court to specify access holders and access recipients

(7)  Where a court makes or varies an access order under section 104 with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the court shall specify,

  (a)  every person who has been granted a right of access; and

  (b)  every person with respect to whom access has been granted.

When court to terminate access to child in extended society care

(8)  The court shall terminate an access order with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) if the order is no longer in the best interests of the child as determined under subsection (6).

Society may permit contact or communication

(9)  If a society believes that contact or communication between a person and a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) is in the best interests of the child and no openness order under Part VIII (Adoption and Adoption Licensing) or access order is in effect with respect to the person and the child, the society may permit contact or communication between the person and the child.

Review of access order made concurrently with custody order

106 No order for access under section 104 is subject to review under this Act if it is made at the same time as a custody order under section 102, but it may be the subject of an application under section 21 of the Children’s Law Reform Act and the provisions of that Act apply as if the order had been made under that Act.

Restriction on access order

107 If a society has applied to a court for an order under this Act respecting access to a child by a parent of the child and the court makes the order, the court shall specify in the order the supervision to which the access is subject if, at the time of making the order, the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child, unless the court considers it appropriate not to make the access subject to such supervision.

Payment Orders

Order for payment by parent

108 (1)  Where the court places a child in the care of,

  (a)  a society; or

  (b)  a person other than the child’s parent, subject to a society’s supervision,

the court may order a parent or a parent’s estate to pay the society a specified amount at specified intervals for each day the child is in the society’s care or supervision.

Criteria

(2)  In making an order under subsection (1), the court shall consider those of the following circumstances of the case that the court considers relevant:

    1.  The assets and means of the child and of the parent or the parent’s estate.

    2.  The child’s capacity to provide for their own support.

    3.  The capacity of the parent or the parent’s estate to provide support.

    4.  The child’s and the parent’s age and physical and mental health.

    5.  The child’s mental, emotional and physical needs.

    6.  Any legal obligation of the parent or the parent’s estate to provide support for another person.

    7.  The child’s aptitude for and reasonable prospects of obtaining an education.

    8.  Any legal right of the child to support from another source, other than out of public money.

Order ends at 18

(3)  No order made under subsection (1) shall extend beyond the day on which the child turns 18.

Power to vary

(4)  The court may vary, suspend or terminate an order made under subsection (1) where the court is satisfied that the circumstances of the child or parent have changed.

Collection by municipality

(5)  The council of a municipality may enter into an agreement with the board of directors of a society providing for the collection by the municipality, on the society’s behalf, of the amounts ordered to be paid by a parent under subsection (1).

Enforcement

(6)  An order made against a parent under subsection (1) may be enforced as if it were an order for support made under Part III of the Family Law Act.

Interim and Extended Society Care

Placement of children

109 (1)  This section applies where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c).

Placement

(2)  The society having care of a child shall choose a residential placement for the child that,

  (a)  represents the least restrictive alternative for the child;

  (b)  where possible, respects the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, creed, sex, sexual orientation, gender identity and gender expression;

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

  (d)  in the case of a First Nations, Inuk or Métis child, is with, if possible, a member of the child’s extended family or, if that is not possible,

           (i)  in the case of a First Nations child, another First Nations family,

          (ii)  in the case of an Inuk child, another Inuit family, or

         (iii)  in the case of a Métis child, another Métis family; and

  (e)  takes into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, and the views and wishes of any parent who is entitled to access to the child.

Education

(3)  The society having care of a child shall ensure that the child receives an education that corresponds to the child’s aptitudes and abilities.

Placement outside or removal from Ontario

(4)  The society having care of a child shall not place the child outside Ontario or permit a person to remove the child from Ontario permanently unless a Director is satisfied that extraordinary circumstances justify the placement or removal.

Rights of child, parent and foster parent

(5)  The society having care of a child shall ensure that,

  (a)  the child is afforded all the rights referred to in Part II (Children’s and Young Persons’ Rights); and

  (b)  the wishes of any parent who is entitled to access to the child and, where the child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), of any foster parent with whom the child has lived continuously for two years are taken into account in the society’s major decisions concerning the child.

Change of placement

(6)  The society having care of a child may remove the child from a foster home or other residential placement where, in the opinion of a Director or local director, it is in the child’s best interests to do so.

Notice of proposed removal

(7)  If a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall,

  (a)  give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (8); and

  (b)  in the case of a First Nations, Inuk or Métis child, give the notice required by clause (a), and

           (i)  give at least 10 days notice in writing of the proposed removal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities, and

          (ii)  after the notice is given under subclause (i), consult with representatives chosen by the bands and communities relating to the plan of care for the child.

Application for review

(8)  A foster parent who receives a notice under clause (7) (a) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the proposed removal.

Board hearing

(9)  Upon receipt of an application by a foster parent for a review of a proposed removal, the Board shall hold a hearing under this section.

First Nations, Inuk or Métis child

(10)  Upon receipt of an application for review of a proposed removal of a First Nations, Inuk or Métis child, the Board shall also give notice of receipt of the application and of the date of the hearing to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Practices and procedures

(11)  The Statutory Powers Procedure Act applies to a hearing under this section and the Board shall comply with such additional practices and procedures as may be prescribed.

Composition of Board

(12)  At a hearing under this section, the Board shall be composed of members with the prescribed qualifications and prescribed experience.

Parties

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

    1.  The applicant.

    2.  The society.

    3.  If the child is a First Nations, Inuk or Métis child, the persons described in paragraphs 1 and 2 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

    4.  Any person that the Board adds under subsection (14).

Additional parties

(14)  The Board may add a person as a party to a review if, in the Board’s opinion, it is necessary to do so in order to decide all the issues in the review.

Board decision

(15)  The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm the proposal to remove the child or direct the society not to carry out the proposed removal, and shall give written reasons for its decision.

No removal before decision

(16)  Subject to subsection (17), the society shall not carry out the proposed removal of the child unless,

  (a)  the time for applying for a review of the proposed removal under subsection (8) has expired and an application is not made; or

  (b)  if an application for a review of the proposed removal is made under subsection (8), the Board has confirmed the proposed removal under subsection (15).

Where child at risk

(17)  A society may remove the child from the foster home before the expiry of the time for applying for a review under subsection (8) or at any time after the application for a review is made if, in the opinion of a local director, there is a risk that the child is likely to suffer harm during the time necessary for a review by the Board.

Review of certain placements

(18)  Sections 63, 64, 65 and 66 (review by residential placement advisory committee, further review by the Board) apply with necessary modifications to a residential placement made by a society under this section.

Definition

(19)  In this section,

“residential placement” has the same meaning as in section 62.

Child in interim society care

110 (1)  Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the society has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control.

Consent to treatment — society or parent may act

(2)  Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child, unless the court orders that the parent shall retain the authority under that Act to give or refuse consent to treatment on behalf of the incapable child.

Exception

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

Court may authorize society to act re consent to treatment

(4)  Where a parent referred to in an order made under subsection (2) refuses or is unavailable or unable to consent to treatment for the incapable child and the court is satisfied that the treatment would be in the child’s best interests, the court may authorize the society to act in the place of a parent in providing consent to the treatment on the child’s behalf.

Consent to child’s marriage

(5)  Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the child’s parent retains any right that the parent may have under the Marriage Act to give or refuse consent to the child’s marriage.

Child in extended society care

111 (1)  Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the Crown has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control, and the Crown’s powers, duties and obligations in respect of the child, except those assigned to a Director by this Act or the regulations, shall be exercised and performed by the society caring for the child.

Consent to treatment — society may act

(2)  Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child.

Society’s obligation to pursue family relationship for child in extended society care

112 Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the society shall make all reasonable efforts to assist the child to develop a positive, secure and enduring relationship within a family through one of the following:

    1.  An adoption.

    2.  A custody order under subsection 116 (1).

    3.  In the case of a First Nations, Inuk or Métis child,

            i.  a plan for customary care,

           ii.  an adoption, or

          iii.  a custody order under subsection 116 (1).

Review

Status review

113 (1)  This section applies where a child is the subject of an order made under paragraph 1 or 4 of subsection 101 (1) for society supervision or under paragraph 2 of subsection 101 (1) for interim society care.

Society to seek status review

(2)  The society having care, custody or supervision of a child,

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

  (b)  shall apply to the court for a review of the child’s status before the order expires, unless the expiry is by reason of section 123; and

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

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

(3)  If a child is the subject of an order for society supervision, clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district in which the parent or other person with whom the child is placed resides.

Others may seek status review

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

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

  (b)  a parent of the child;

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

  (d)  in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b) or (c) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Notice

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

  (a)  the child, except as otherwise provided under subsection 79 (4) or (5);

  (b)  the child’s parent;

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

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

  (e)  in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b), (c) and (d) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Six-month period

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

  (a)  the day the original order was made under subsection 101 (1);

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

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

Exception

(7)  Subsection (6) does not apply if the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.

Interim care and custody

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

Court may vary, etc.

114 Where an application for review of a child’s status is made under section 113, the court may, in the child’s best interests,

  (a)  vary or terminate the original order made under subsection 101 (1), including a term or condition or a provision for access that is part of the order;

  (b)  order that the original order terminate on a specified future date;

   (c)  make a further order or orders under section 101; or

  (d)  make an order under section 102.

Status review for children in, or formerly in, extended society care

115 (1)  This section applies where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), or is subject to an order for society supervision made under clause 116 (1) (a) or for custody made under clause 116 (1) (b).

Society to seek status review

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

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

  (b)  shall apply to the court for a review of the child’s status before the order expires if the order is for society supervision, unless the expiry is by reason of section 123; and

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

           (i)  from the care of a person with whom the child was placed under an order for society supervision described in clause 116 (1) (a), or

          (ii)  from the custody of a person who had custody of the child under a custody order described in clause 116 (1) (b).

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

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

  (a)  in which the parent or other person with whom the child is placed resides, if the child is the subject of an order for society supervision under clause 116 (1) (a); or

  (b)  in which the person who has custody resides, if the child is the subject of a custody order under clause 116 (1) (b).

Others may seek status review

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

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

  (b)  a parent of the child;

   (c)  the person with whom the child was placed under an order for society supervision described in clause 116 (1) (a);

  (d)  the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);

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

   (f)  in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c), (d) or (e) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

When leave to apply required

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

Notice

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

  (a)  the child, except as otherwise provided under subsection 79 (4) or (5);

  (b)  the child’s parent, if the child is younger than 16;

   (c)  the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 116 (1) (a);

  (d)  the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 116 (1) (b);

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

   (f)  in the case of a First Nations, Inuk or Métis child, the persons described in clause (a), (b), (c), (d) or (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Six-month period

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

  (a)  the day the order was made under subsection 101 (1) or 116 (1), whichever is applicable;

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

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

Exception

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

  (a)  the child is the subject of,

           (i)  an order for society supervision made under clause 116 (1) (a),

          (ii)  an order for custody made under clause 116 (1) (b), or

         (iii)  an order for extended society care made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and an order for access under section 104; and

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

No review if child placed for adoption

(9)  No person or society shall make an application under this section with respect to a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VIII (Adoption and Adoption Licensing), if the child still resides in the person’s home.

Interim care and custody

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

Court order

116 (1)  If an application for review of a child’s status is made under section 115, the court may, in the child’s best interests,

  (a)  order that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months;

  (b)  order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons;

   (c)  order that the child be placed in extended society care until the order is terminated under this section or expires under section 123; or

  (d)  terminate or vary any order made under section 101 or this section.

Variation, termination or new order

(2)  When making an order under subsection (1), the court may, subject to section 105, vary or terminate an order for access or make a further order under section 104.

Termination of extended society care order

(3)  Any previous order for extended society care made under paragraph 3 of subsection 101 (1) or clause (1) (c) is terminated if an order described in clause (1) (a) or (b) is made in respect of a child.

Terms and conditions of supervision order

(4)  If the court makes a supervision order described in clause (1) (a), the court may impose,

  (a)  reasonable terms and conditions relating to the child’s care and supervision;

  (b)  reasonable terms and conditions on,

           (i)  the child’s parent,

          (ii)  the person who will have care and custody of the child under the order,

         (iii)  the child, and

         (iv)  any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and

   (c)  reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services.

Access

(5)  Section 105 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c).

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.

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.

Director’s annual review of children in extended society care

117 (1)  A Director or a person authorized by a Director shall, at least once during each calendar year, review the status of every child,

  (a)  who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c);

  (b)  who was in extended society care under an order described in clause (a) throughout the immediately preceding 24 months; and

   (c)  whose status has not been reviewed under this section or under section 116 during that time.

Direction to society

(2)  After a review under subsection (1), the Director may direct the society to make an application for review of the child’s status under subsection 115 (2) or give any other direction that, in the Director’s opinion, is in the child’s best interests.

Investigation by judge

118 (1)  The Minister may appoint a judge of the Court of Ontario to investigate a matter relating to a child in a society’s care or the proper administration of this Part, and a judge who is appointed shall conduct the investigation and make a written report to the Minister.

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation by a judge under subsection (1).

Complaint to society

119 (1)  A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

Complaint review procedure

(2)  Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).

Public availability

(3)  A society shall make information relating to the complaint review procedure available to the public and to any person upon request.

Society’s decision

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

Application for review by Board

(5)  If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:

    1.  A matter described in subsection 120 (4).

    2.  Any other prescribed matter.

Review by Board

(6)  Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.

Composition of Board

(7)  The Board shall be composed of members with the prescribed qualifications and prescribed experience.

Hearing optional

(8)  The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.

Non-application

(9)  The Statutory Powers Procedure Act does not apply to a hearing under this section.

Board decision

(10)  Upon completing its review of a decision by a society in relation to a complaint, the Board may,

  (a)  in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;

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

   (c)  confirm the society’s decision; or

  (d)  make such other order as may be prescribed.

No review if matter within purview of court

(11)  A society shall not conduct a review of a complaint under this section if the subject of the complaint,

  (a)  is an issue that has been decided by the court or is before the court; or

  (b)  is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

Complaint to Board

120 (1)  If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,

  (a)  decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or

  (b)  where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.

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 119, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate.

Complaint to Board

(3)  A complaint to the Board under this section shall be made in accordance with the regulations.

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 119 (1) as required under subsection 119 (2).

    2.  Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

    3.  Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

    4.  Allegations that the society has failed to comply with subsection 15 (2).

    5.  Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

    6.  Such other matters as may be prescribed.

Review by Board

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

Application

(6)  Subsections 119 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.

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.

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.

Appeals

Appeal

121 (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 79 (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)  in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c) or (d) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Exception

(2)  Subsection (1) does not apply to an order for an assessment under section 98.

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 10 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 care and custody at the time the decision is made, the child shall remain in the care and custody of the society until,

  (a)  the 10-day period of the stay has expired; or

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

whichever is earlier.

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, 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.

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 VIII (Adoption and Adoption Licensing).

Further evidence

(6)  The court may receive further evidence relating to events after the appealed decision.

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.

Application of s. 87

(8)  Section 87 (rules re hearings) applies with necessary modifications to an appeal under this section.

Expiry of Orders

Time limit

122 (1)  Subject to subsections (4) and (5), the court shall not make an order for interim society care under paragraph 2 of subsection 101 (1) that results in a child being in the care and custody of a society for a period exceeding,

  (a)  12 months, if the child is younger than 6 on the day the court makes the order; or

  (b)  24 months, if the child is 6 or older on the day the court makes the order.

Calculation of time limit

(2)  The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (1):

    1.  An agreement made under subsection 75 (1) (temporary care agreement).

    2.  A temporary order made under clause 94 (2) (d) (custody during adjournment).

Previous periods to be counted

(3)  The period referred to in subsection (1) shall include any previous periods that the child was in a society’s care and custody under an interim society care order made under paragraph 2 of subsection 101 (1) 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.

Deemed extension of time limit

(4)  Where the period referred to in subsection (1) or (5) expires and,

  (a)  an appeal of an order made under subsection 101 (1) has been commenced and is not yet finally disposed of; or

  (b)  the court has adjourned a hearing under section 114 (status review),

the period is 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 114, as the case may be.

Six-month extension

(5)  Subject to paragraphs 2 and 4 of subsection 101 (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.

Expiry of orders

123 An order under this Part expires when the child who is the subject of the order,

  (a)  turns 18; or

  (b)  marries,

whichever comes first.

Continued Care and Support

Continued care and support

124 A society or prescribed entity shall enter into an agreement to provide care and support to a person in accordance with the regulations in each of the following circumstances:

    1.  A custody order under clause 116 (1) (b) or an order for extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) was made in relation to that person as a child and the order expires under section 123.

    2.  The person entered into an agreement with the society under section 77 and the agreement expires on the person’s 18th birthday.

    3.  The person is 18 or older and was eligible for the prescribed support services.

    4.  In the case of a First Nations, Inuk or Métis person who is 18 or older, paragraph 1, 2 or 3 applies or the person was being cared for under customary care immediately before their 18th birthday and the person who was caring for them was receiving a subsidy from the society or an entity under section 71.

Duty to Report

Duty to report child in need of protection

125 (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 immediately 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 abused or sexually exploited by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual abuse or sexual exploitation and fails to protect the child.

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

    5.  The child requires treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, the treatment on the child’s behalf.

    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 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, 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 6 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.

    9.  There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services ortreatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to prevent the harm.

  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 the treatment or access to the treatment, or where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.

  11.  The child’s parent has died or is unavailable to exercise 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 younger than 12 and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment.

  13.  The child is younger than 12 and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately.

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 the person has made previous reports with respect to the same child.

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 the person’s behalf.

Duty to report does not apply to older children

(4)  Subsections (1) and (2) do not apply in respect of a child who is 16 or 17, but a person may make a report under subsection (1) or (2) in respect of a child who is 16 or 17 if either a circumstance or condition described in paragraphs 1 to 11 of subsection (1) or a prescribed circumstance or condition exists.

Offence

(5)  A person referred to in subsection (6) is guilty of an offence if,

  (a)  the person 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 the person’s professional or official duties.

Professionals and officials

(6)  Subsection (5) 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, person appointed to a position designated by a board of education as requiring an early childhood educator, school principal, social worker, family counsellor, youth and recreation worker, and operator or employee of a child care centre or home child care agency or provider of licensed child care within the meaning of the Child Care and Early Years Act, 2014;

   (c)  a religious official;

  (d)  a mediator and an arbitrator;

  (e)  a peace officer and a coroner;

   (f)  a lawyer; and

  (g)  a service provider and an employee of a service provider.

Volunteer excluded

(7)  In clause (6) (b),

“youth and recreation worker” does not include a volunteer.

Director, officer or employee of corporation

(8)  A director, officer or employee of a corporation who authorizes, permits or concurs in the commission of an offence under subsection (5) by an employee of the corporation is guilty of an offence.

Penalty

(9)  A person convicted of an offence under subsection (5) or (8) is liable to a fine of not more than $5,000.

Section overrides privilege; protection from liability

(10)  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.

Solicitor-client privilege

(11)  Nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client.

Conflict

(12)  This section prevails despite anything in the Personal Health Information Protection Act, 2004.

Society to assess and verify report of child in need of protection

126 (1)  A society that receives a report under section 125 that a child, including a child in the society’s care or supervision, is or may be in need of protection shall as soon as possible carry out an assessment as prescribed and verify the reported information, or ensure that the information is assessed and verified by another society.

Protection from liability

(2)  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 (1) or for an alleged neglect or default of that duty.

Society to report abuse of child in its care and custody

127 (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 report the information to a Director as soon as possible.

Definition

(2)  In this section and in sections 129 and 133,

“to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j).

Duty to report child’s death

128 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.

Review Teams

Review team

129 (1)  In this section,

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

Composition

(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).

Section overrides privilege; protection from liability

(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 94 (2) (custody during adjournment) or subsection 101 (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.

Court-Ordered Access to Records

Production of records

Definition

130 (1)  In this section and sections 131 and 132,

“record of personal health information” has the same meaning as in the Mental Health Act.

Motion or application for 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 (4) for the production of a record or part of a record.

Order on motion

(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.

Order on application

(4)  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 94 (2) (b) or (c) that is subject to supervision.

    2.  An order under clause 94 (2) (c) or (d) with respect to access.

    3.  A supervision order under paragraph 1 or 4 of subsection 101 (1).

    4.  An access order under section 104.

    5.  An order with respect to access or supervision on an application under section 113 or 115.

    6.  A custody order under section 116.

    7.  A restraining order under section 137.

Court may examine record

(5)  In considering whether to make an order under subsection (3) or (4), the court may examine the record.

Information confidential

(6)  No person who obtains information by means of an order made under subsection (3) or (4) shall disclose the information except,

  (a)  as specified in the order; and

  (b)  in testimony in a proceeding under this Part.

Conflict

(7)  Subsection (6) prevails despite anything in the Personal Health Information Protection Act, 2004.

Solicitor-client privilege

(8)  Subject to subsection (9), this section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client.

Application of Mental Health Act

(9)  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.

Application of s. 294

(10)  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 294, that section applies and the court shall give equal consideration to,

  (a)  the matters to be considered under subsection 294 (6); and

  (b)  the need to protect the child.

Warrant for access to record

131 (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.

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.

Return of record

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

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.

Duration of warrant

(5)  The warrant is valid for seven days.

Execution

(6)  The Director or the person designated by the society may call on a peace officer for assistance in executing the warrant.

Solicitor-client privilege

(7)  This section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client.

Application of Mental Health Act

(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.

Application of s. 294

(9)  If a warrant issued under this section concerns a record of a mental disorder within the meaning of section 294 and the warrant is challenged under section 294, equal consideration shall be given to,

  (a)  the matters set out in subsection 294 (6); and

  (b)  the need to protect the child.

Telewarrant

132 (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 131 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 131, 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 131.

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 131.

Application of provisions

(5)  Subsections 131 (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.

Child Abuse Register

Register

133 (1)  In this section and in section 134,

“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 125 (1) or (2) 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 in the Ministry as Director for the purposes of this section.

Duty of society

(3)  A society that receives a report under section 125 that a child, including a child in the society’s care, is or may be suffering or may have suffered abuse shall verify the reported information as soon as possible, 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 report it to the Director in the prescribed form as soon as possible.

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 prescribed manner 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 125 (1) or (2) and is not the subject of the report.

Register confidential

(6)  Despite Part X (Personal Information) and any other Act, no person shall inspect, remove or alter or permit the inspection, removal or alteration of information in the register, or disclose or permit the disclosure of information that the person obtained from the register, except as this section authorizes.

Coroner’s inquest, etc.

(7)  The following persons may inspect, remove and disclose information in the register in accordance with that person’s authority:

    1.  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.

    2.  The Children’s Lawyer or the Children’s Lawyer’s authorized agent.

Minister or Director may permit access to register

(8)  The Minister or the Director may permit the following persons 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:

    1.  A person who is employed,

            i.  in the Ministry,

           ii.  by a society, or

          iii.  by a child welfare authority outside Ontario.

    2.  A person who is providing or proposes to provide counselling or treatment to a registered person.

Minister or 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.

Access by child or registered person

(11)  A child, a registered person or the child’s or registered person’s lawyer 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 in 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 134;

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

  (d)  in a proceeding referred to in section 138.

Hearing re registered person

Definition

134 (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 as soon as possible 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 lawyer 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 10 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 142 (1) (c) (confidentiality of child abuse register) or clause 142 (1) (d) (amendment of society’s records).

Powers of Director

Director’s power to transfer

135 (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 wishes of the child, given due weight in accordance with the child’s age and maturity.

Offences, Restraining Orders, Recovery on Child’s Behalf and Injunctions

Abuse, failure to provide for reasonable care, etc.

Definition

136 (1)  In this section,

“abuse” means a state or condition of being physically harmed, sexually abused 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 younger than 16 shall leave the child without making provision for the child’s supervision and care that is reasonable in the circumstances.

Allowing child to loiter, etc.

(4)  No parent of a child younger than 16 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 18 or older to accompany the child.

Police may bring child home or to place of safety

(5)  Where a child who is actually or apparently younger than 16 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 (4) (b), a peace officer may bringthe child to a place of safety without a warrant and proceed as if the child had been brought to a place of safety under subsection 84 (1).

Child protection hearing

(6)  The court may, in connection with a case arising under subsection (2), (3) or (4), proceed under this Part as if an application had been made under subsection 81 (1) (child protection proceeding) in respect of the child.

Restraining order

137 (1)  Instead of making an order under subsection 101 (1) or section 116 or in addition to making a temporary order under subsection 94 (2) or an order under subsection 101 (1) or section 116, 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 made under subsection 94 (2) or an order made under subsection 101 (1) or clause 116 (1) (a) or (b).

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.

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 made under subsection 94 (2) or an order made under subsection 101 (1) or clause 116 (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 made under subsection 94 (2) or the order made under subsection 101 (1) or clause 116 (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 101 (1) or clause 116 (1) (a), (b) or (c) or if the order is made in addition to an order under clause 116 (1) (d), the order may provide that it continues in force until it is varied or terminated by the court.

Application for extension, variation or 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)  in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c), (d) or (e) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Order for extension, variation or termination

(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.

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.

Legal claim for recovery because of abuse

138 (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 74 (2) (a), (c), (e), (f), (g) or (j).

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 and considers it to be in the child’s best interests, the Children’s Lawyer may institute and conduct proceedings on the child’s behalf for the recovery of damages or other compensation.

Society may apply

(3)  Where a child is in a society’s care and custody, subsection (2) also applies to the society with necessary modifications.

Prohibition

139 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 in accordance with this Part.

Offences re interfering, etc. with child in society supervision or care

140 If a child is the subject of an order for society supervision, interim society care or extended society care made under paragraph 1, 2 or 3 of subsection 101 (1) or clause 116 (1) (a) or (c), 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).

Offences re false information, obstruction, etc.

141 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 81, 83, 84, 85 or 86.

Other offences

142 (1)  A person who contravenes,

  (a)  an order for access made under subsection 104 (1);

  (b)  subsection 130 (6) (disclosure of information);

   (c)  subsection 133 (6) or (10) (confidentiality of child abuse register);

  (d)  an order made under subsection 134 (8) (amendment of society’s records);

  (e)  subsection 136 (3) or (4) (leaving child unattended, etc.);

   (f)  a restraining order made under subsection 137 (1);

  (g)  section 139 (unauthorized placement);

  (h)  any provision of section 140 (interference with child, etc.); or

    (i)  clause 141 (a) or (b) (false information, obstruction, etc.),

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 $5,000 or to imprisonment for a term of not more than one year, or to both.

Offence of child abuse

(2)  A person who contravenes subsection 136 (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 $5,000 or to imprisonment for a term of not more than two years, or to both.

Offences re publication

(3)  A person who contravenes subsection 87 (8) or 134 (11) (publication of identifying information) or an order prohibiting publication made under clause 87 (7) (c) or subsection 87 (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.

Injunction

143 (1)  The Superior Court of Justice may grant an injunction to restrain a person from contravening section 140, on the society’s application.

Variation, etc.

(2)  The court may vary or terminate an order made under subsection (1), on any person’s application.

PART VI
YOUTH JUSTICE

Definitions

144 In this Part,

“bailiff” means a bailiff appointed under clause 146 (1) (c); (“huissier”)

“Board” means the Custody Review Board continued under subsection 151 (1); (“Commission”)

“probation officer” means,

  (a)  a person appointed or designated by the Lieutenant Governor in Council or their delegate to perform any of the duties or functions of a youth worker under the Youth Criminal Justice Act (Canada), or

  (b)  a probation officer appointed under clause 146 (1) (b); (“agent de probation”)

Programs and Officers

Programs

Secure and open temporary detention programs

145 (1)  The Minister may establish the following in places of temporary detention:

    1.  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.

    2.  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.

Secure custody programs

(2)  The Minister may establish secure custody programs in places of secure custody.

Open custody programs

(3)  The Minister may establish open custody programs in places of open custody.

Where locking up permitted

(4)  A place of secure custody and a place of secure temporary detention may be locked for the detention of young persons.

Appointments by Minister

146 (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 Youth Criminal Justice Act (Canada), and

          (ii)  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 Youth Criminal Justice Act (Canada),

          (ii)  of a probation officer for purposes related to 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.

Conditions or limitations on appointments

(2)  The Minister may set out in an appointment made under subsection (1) any conditions or limitations to which it is subject.

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.

Designation of peace officers

(4)  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.

Conditions or limitations on designations

(5)  The Minister may set out in a designation made under subsection (4) any conditions or limitations to which it is subject.

Remuneration and expenses

(6)  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.

Reports and information

147 A person in charge of a place of temporary detention, of open custody or of secure custody, a bailiff and a probation officer,

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

  (b)  shall make a report and provide information to the Minister whenever the Minister requests it.

Temporary Detention

Open and secure temporary detention

Open temporary detention unless provincial director determines otherwise

148 (1)  A young person who is detained under the Youth Criminal Justice 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.

Where secure temporary 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 Youth Criminal Justice 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.

Until return to secure custody

(3)  Despite subsection (1), a young person who is apprehended because they have left or have not returned to a place of secure custody may be detained in a place of secure temporary detention until they are returned to the first-named place of custody.

Until determination

(4)  Despite subsection (1), a young person who is detained under the Youth Criminal Justice Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding 24 hours while a provincial director makes a determination in respect of the young person under subsection (2).

Review of secure temporary detention

(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 Youth Criminal Justice Act (Canada) or the Criminal Code (Canada) may request that the youth justice court review the level of their detention.

Powers of youth justice court

(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.

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 it is necessary that the young person be returned to a place of secure temporary detention because of either of the following:

    1.  A material change in the circumstances.

    2.  Any other grounds that the provincial director considers appropriate.

Powers of youth justice court

(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.

Custody

Detention under Provincial Offences Act

Pre-trial detention

149 (1)  Where a young person is ordered to be detained in custody under subsection 150 (4) (order for detention) or 151 (2) (further orders) of the Provincial Offences Act, the young person shall be detained in a place of temporary detention.

Open custody for provincial offences

(2)  Where a young person is sentenced to a term of imprisonment under the Provincial Offences Act,

  (a)  the term of imprisonment shall be served in a place of open custody, subject to subsections (3) and (4);

  (b)  section 91 (reintegration leave) of the Youth Criminal Justice Act (Canada) applies with necessary modifications; and

   (c)  sections 28 (remission) and 28.1 (determinations of remission) and Part III (Ontario Parole and Earned Release Board) of the Ministry of Correctional Services Act apply with necessary modifications.

Transfer to place of secure custody

(3)  Where a young person is placed in open custody under clause (2) (a), the provincial director may transfer the young person to a place of secure custody if, in the opinion of the provincial director, the transfer is necessary for the safety of the young person or the safety of others in the place of open custody.

Concurrent terms

(4)  Where a young person is committed to custody under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the sentence under the Youth Criminal Justice Act (Canada).

Young persons in open custody

150 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 Youth Criminal Justice Act (Canada) apply with necessary modifications.

Custody Review Board

Custody Review Board

151 (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.

Members

(2)  The Board shall be composed of the prescribed number of members who shall be appointed by the Lieutenant Governor in Council.

Chair and vice-chairs

(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.

Quorum

(4)  The prescribed number of members of the Board are a quorum.

Remuneration

(5)  The chair and vice-chairs and the other members of the Board shall be paid the remuneration 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.

Duties of Board

(6)  The Board shall conduct reviews under section 152 and perform such other duties as are assigned to it by the regulations.

Application to Board

152 (1)  A young person may apply to the Board for a review of,

  (a)  the particular place where the young person is held or to which the young person has been transferred;

  (b)  a provincial director’s refusal to authorize the young person’s reintegration leave under section 91 of the Youth Criminal Justice Act (Canada); or

   (c)  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 Youth Criminal Justice Act (Canada).

30 day time limit

(2)  An application under subsection (1) must be made within 30 days of the decision, placement or transfer, as the case may be.

Duty of Board to conduct review

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

Advise whether hearing to be held

(4)  The Board shall advise the young person whether it intends to hold a hearing or not within 10 days of receiving the young person’s application.

Procedure

(5)  The Statutory Powers Procedure Act does not apply to a hearing held under subsection (3).

Time period for review

(6)  The Board shall complete its review and make a determination within 30 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.

Board’s recommendations

(7)  After conducting a review under subsection (3), 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 the young person 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 reintegration leave be authorized under section 91 of the Youth Criminal Justice Act (Canada), or

         (iii)  where the young person has been transferred as described in clause (1) (c), that the young person be returned to a place of open custody; or

  (b)  confirm the decision, placement or transfer.

Apprehension of Young Persons who are Absent from Custody without Permission

Apprehension

Apprehension of young person absent from place of temporary detention

153 (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 Youth Criminal Justice Act (Canada) 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.

Apprehension of young person absent from 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 150,

  (a)  has left the place without the consent of the person in charge and fails or refuses to return there; or

  (b)  fails or refuses to return to the place of open custody upon completion of a period of reintegration leave under clause 150 (b),

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 open custody or a place of temporary detention.

Young person to be returned within 48 hours

(3)  A young person who is apprehended under this section shall be returned to the place from which the young person is absent within 48 hours after being apprehended unless the provincial director detains the young person in secure temporary detention under paragraph 2 of subsection 148 (2).

Warrant to apprehend young person

(4)  A justice of the peace who is satisfied on the basis of a sworn information that there are reasonable and probable grounds to believe that a young person held in a place of temporary detention or open custody,

  (a)  has left the place without the consent of the person in charge and fails or refuses to return there; or

  (b)  fails or refuses to return to a place of open custody upon completion of a period of reintegration leave under clause 150 (b),

may issue a warrant authorizing a peace officer, the person in charge of the place of temporary detention or open custody or that person’s delegate to apprehend the young person.

Authority to enter, etc.

(5)  Where a person authorized to apprehend a young person under subsection (1) or (2) believes on reasonable and probable grounds that a young person referred to in the relevant subsection is on any premises, the person may with or without a warrant enter the premises, by force, if necessary, and search for and remove the young person.

Regulations regarding exercise of power of entry

(6)  A person authorized to enter premises under subsection (5) shall exercise the power of entry in accordance with the regulations.

Inspections and Investigations

Inspections and investigations

154 (1)  The Minister may designate any person to conduct such inspections or investigations as the Minister may require in connection with the administration of this Part.

Dismissal for cause for obstruction of inspection

(2)  Any person employed in the Ministry who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required for purposes of an inspection or investigation may be dismissed for cause from employment.

Searches

Permissible searches

155 (1)  The person in charge of a place of open custody, of secure custody or of temporary detention may authorize a search, to be carried out in accordance with the regulations, of the following:

    1.  The place of open custody, of secure custody or of temporary detention.

    2.  The person of any young person or any other person on the premises of the place of open custody, of secure custody or of temporary detention.

    3.  The property of any young person or any other person on the premises of the place of open custody, of secure custody or of temporary detention.

    4.  Any vehicle entering or on the premises of the place of open custody, of secure custody or of temporary detention.

Contraband

(2)  Any contraband found during a search may be seized and disposed of in accordance with the regulations.

Meaning of contraband

(3)  For the purposes of subsection (2),

“contraband” means,

  (a)  anything that a young person is not authorized to have,

  (b)  anything that a young person is authorized to have but in a place where they are not authorized to have it, and

   (c)  anything that a young person is authorized to have but that is being used for a purpose for which they are not authorized to use it.

Mechanical Restraints

Mechanical restraints

Limits on use

156 (1)  The person in charge of a place of secure custody or of secure temporary detention shall ensure that no young person who is detained in the place of secure custody or of secure temporary detention is,

  (a)  restrained by the use of mechanical restraints, other than in accordance with this section and the regulations;

  (b)  restrained by the use of mechanical restraints as a means of punishment.

Conditions for use

(2)  The person in charge of a place of secure custody or of secure temporary detention may authorize the use of mechanical restraints on a young person who is detained in the place of secure custody or of secure temporary detention only if all of the following are satisfied:

    1.  There is an imminent risk, if mechanical restraints were not used, that:

            i.  the young person or another person would suffer physical injury,

            ii  the young person would escape the place of secure custody or of secure temporary detention, or

          iii.  the young person would cause significant property damage.

    2.  Alternatives to the use of mechanical restraints would not be, or have not been, effective to reduce or eliminate the risk referred to in paragraph 1.

    3.  The use of the mechanical restraints is reasonably necessary to reduce or eliminate the risk referred to in paragraph 1.

Exception for transportation

(3)  Despite subsection (2), mechanical restraints may be used on a young person who is detained in a place of secure custody or of secure temporary detention where it is reasonably necessary for the transportation of the young person to another place of custody or detention, or to or from court or the community.

PART VII
Extraordinary measures

Definitions

157 In this Part,

“administrator” means the person in charge of a secure treatment program; (“administrateur”)

“intrusive procedure” means,

  (a)  the use of mechanical restraints,

  (b)  an aversive stimulation technique, or

   (c)  any other procedure that is prescribed as an intrusive procedure; (“technique d’ingérence”)

“mental disorder” means a substantial disorder of emotional processes, thought or cognition which grossly impairs a person’s capacity to make reasoned judgments; (“trouble mental”)

“psychotropic drug” means a drug or combination of drugs prescribed as a psychotropic drug; (“psychotrope”)

“secure de-escalation room” means a locked room approved under subsection 173 (1) for use for the de-escalation of situations and behaviour involving children or young persons; (“pièce de désescalade sous clé”)

“secure treatment program” means a program established or approved by the Minister under subsection 158 (1). (“programme de traitement en milieu fermé”)

Secure Treatment Programs

Secure treatment programs

Minister may establish or approve programs

158 (1)  The Minister may,

  (a)  establish, operate and maintain; or

  (b)  approve,

programs for the treatment of children with mental disorders, in which continuous restrictions are imposed on the liberty of the children.

Terms and conditions

(2)  The Minister may impose terms and conditions on an approval given under subsection (1) and may vary or amend the terms and conditions or impose new terms and conditions at any time.

Admission of children

(3)  No child shall be admitted to a secure treatment program except by a court order under section 164 (commitment to secure treatment program) or under section 171 (emergency admission).

Locking up permitted

159 The premises of a secure treatment program may be locked for the detention of children.

Mechanical restraints permitted

160 (1)  Subject to subsection (3), an administrator may use and permit the use of mechanical restraints on a child as a means of controlling the child’s behaviour.

Consent not required

(2)  An administrator is not required to obtain the consent of or on behalf of the child before using mechanical restraints under this section.

Limitations

(3)  An administrator shall ensure that mechanical restraints are not used on a child in a secure treatment program except,

  (a)  in accordance with this Part, the policies established under subsection (4) and the regulations; and

  (b)  in an emergency situation under the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or others.

Policy

(4)  A service provider that is approved to provide a secure treatment program shall,

  (a)  establish a policy on the use of mechanical restraints that complies with this Act and the regulations; and

  (b)  ensure that the administrator and the employees of the program comply with the policy.

Commitment to Secure Treatment

Application for order for child’s commitment

161 (1)  Any one of the following persons may, with the administrator’s written consent, apply to the court for an order for the child’s commitment to a secure treatment program:

    1.  Where the child is younger than 16,

            i.  the child’s parent,

           ii.  a person other than an administrator who is caring for the child, if the child’s parent consents to the application, or

          iii.  a society that has custody of the child under an order made under Part V (Child Protection).

    2.  Where the child is 16 or older,

            i.  the child,

           ii.  the child’s parent, if the child consents to the application,

          iii.  a society that has custody of the child under an order made under Part V (Child Protection), if the child consents to the application, or

          iv.  a physician.

Time for hearing

(2)  Where an application is made under subsection (1), the court shall deal with the matter within 10 days of the making of an order under subsection (6) (legal representation) or, where no such order is made, within 10 days of the making of the application.

Adjournments

(3)  The court may adjourn the hearing of an application but shall not adjourn it for more than 30 days unless the applicant and the child consent to the longer adjournment.

Interim order

(4)  Where a hearing is adjourned, the court may make a temporary order for the child’s commitment to a secure treatment program if the court is satisfied that the child meets the criteria for commitment set out in clauses 164 (1) (a) to (f) and, where the child is younger than 12, the Minister consents to the child’s admission.

Evidence on adjournments

(5)  For the purpose of subsection (4), the court may admit and act on evidence that the court considers credible and trustworthy in the circumstances.

Legal representation of child

(6)  Where an application is made under subsection (1) in respect of a child who does not have legal representation, the court shall, as soon as practicable and in any event before the hearing of the application, direct that legal representation be provided for the child.

Hearing private

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

Child entitled to be present

(8)  The child who is the subject of an application under subsection (1) is entitled to be present at the hearing unless,

  (a)  the court is satisfied that being present at the hearing would cause the child emotional harm; or

  (b)  the child, after obtaining legal advice, consents in writing to the holding of the hearing without the child’s presence.

Court may require child’s presence

(9)  The court may require a child who has consented to the holding of the hearing without the child being present under clause (8) (b) to be present at all or part of the hearing.

Oral evidence

162 (1)  Where an application is made under subsection 161 (1), the court shall deal with the matter by holding a hearing and shall hear oral evidence unless the child, after obtaining legal advice, consents in writing to the making of an order under subsection 164 (1) without the hearing of oral evidence, and the consent is filed with the court.

Court may hear oral evidence despite consent

(2)  The court may hear oral evidence although the child has given a consent under subsection (1).

Time limitation

(3)  A child’s consent under subsection (1) is not effective for more than the period referred to in subsection 165 (1) (period of commitment).

Assessment

163 (1)  The court may, at any time after an application is made under subsection 161 (1), order that the child attend within a specified time for an assessment before a specified person who is qualified, in the court’s opinion, to perform an assessment to assist the court to determine whether the child should be committed to a secure treatment program and has consented to perform the assessment.

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 30 days unless the court is of the opinion that a longer assessment period is necessary.

Who may not perform assessment

(3)  The court shall not order an assessment to be performed by a person who provides services in the secure treatment program to which the application relates.

Copies of report

(4)  The court shall provide a copy of the report to,

  (a)  the applicant;

  (b)  the child, subject to subsection (6);

   (c)  the child’s lawyer;

  (d)  a parent appearing at the hearing;

  (e)  a society that has custody of the child under an order made under Part V (Child Protection);

   (f)  the administrator; and

  (g)  in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b), (c), (d), (e) and (f) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities.

Same

(5)  The court may cause a copy of the report to be given to a parent who does not attend the hearing but is, in the court’s opinion, actively interested in the proceedings.

Court may withhold report from child

(6)  The court may withhold all or part of the report from the child where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm.

Commitment to secure treatment: criteria

164 (1)  The court may order that a child be committed to a secure treatment program only where the court is satisfied that,

  (a)  the child has a mental disorder;

  (b)  the child has, as a result of the mental disorder, within the 45 days immediately preceding,

           (i)  the application under subsection 161 (1),

          (ii)  the child’s detention or custody under the Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or

         (iii)  the child’s admission to a psychiatric facility under the Mental Health Act as an involuntary patient,

         caused or attempted to cause serious bodily harm to themself or another person;

   (c)  the child has,

           (i)  within the 12 months immediately preceding the application, but on another occasion than that referred to in clause (b), caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to themself or another person, or

          (ii)  in committing the act or attempt referred to in clause (b), caused or attempted to cause a person’s death;

  (d)  the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person;

  (e)  treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and

   (f)  no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances.

Where child younger than 12

(2)  Where the child is younger than 12, the court shall not make an order under subsection (1) unless the Minister consents to the child’s commitment.

Additional requirement where applicant is physician

(3)  Where the applicant is a physician, the court shall not make an order under subsection (1) unless the court is satisfied that the applicant believes the criteria set out in that subsection are met.

Period of commitment

165 (1)  The court shall specify in an order under subsection 164 (1) the period not exceeding 180 days for which the child shall be committed to the secure treatment program.

Where society is applicant

(2)  Where a child is committed to a secure treatment program on a society’s application and the period specified in the court’s order is greater than 60 days, the child shall be released on a day 60 days after the child’s admission to the secure treatment program unless before that day,

  (a)  the child’s parent consents to the child’s commitment for a longer period; or

  (b)  the child is made the subject of an order for interim society care under paragraph 2 of subsection 101 (1) or for extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c),

but in no case shall the child be committed to the secure treatment program for longer than the period specified under subsection (1).

How time calculated

(3)  In the calculation of a child’s period of commitment, time spent in the secure treatment program before an order has been made under section 164 (commitment) or pending an application under section 167 (extension) shall be counted.

Where order expires after 18th birthday

(4)  A person who is the subject of an order made under subsection 164 (1) or 167 (5) may be kept in the secure treatment program after turning 18, until the order expires.

Reasons, plans, etc.

166 (1)  Where the court makes an order under subsection 164 (1) or 167 (5), the court shall give,

  (a)  reasons for its decision;

  (b)  a statement of the plan, if any, for the child’s care on release from the secure treatment program; and

   (c)  a statement of the less restrictive alternatives considered by the court, and the reasons for rejecting them.

Plan for care on release

(2)  Where no plan for the child’s care on release from the secure treatment program is available at the time of the order, the administrator shall, within 90 days of the date of the order, prepare such a plan and file it with the court.

Extension of Period of Commitment

Extension

167 (1)  Where a child is the subject of an order made under subsection 164 (1) (commitment) or subsection (5),

  (a)  a person referred to in subsection 161 (1), with the administrator’s written consent; or

  (b)  the administrator, with a parent’s written consent or, where the child is in a society’s lawful custody, the society’s consent,

may, before the expiry of the period of commitment, apply for an order extending the child’s commitment to the secure treatment program.

Same

(2)  Where a person is kept in the secure treatment program under subsection 165 (4) after turning 18,

  (a)  the person, with the written consent of the administrator;

  (b)  the person’s parent, with the written consent of the person and the administrator;

   (c)  a physician, with the written consent of the administrator and the person; or

  (d)  the administrator, with the written consent of the person,

may, before the expiry of the period of commitment, apply for one further order extending the person’s commitment to the secure treatment program.

Person may be kept in program while application pending

(3)  Where an application is made under subsection (1) or (2), the person may be kept in the secure treatment program until the application is disposed of.

ss. 161 (3), (6-9), 162, 163 apply

(4)  Subsections 161 (3), (6), (7), (8) and (9) (hearing) and sections 162 (waive oral evidence) and 163 (assessment) apply with necessary modifications to an application made under subsection (1) or (2).

Criteria for extension

(5)  The court may make an order extending a child’s commitment to a secure treatment program only where the court is satisfied that,

  (a)  the child has a mental disorder;

  (b)  the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person;

   (c)  no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances;

  (d)  the child is receiving the treatment proposed at the time of the original order under subsection 164 (1), or other appropriate treatment; and

  (e)  there is an appropriate plan for the child’s care on release from the secure treatment program.

Period of extension

(6)  The court shall specify in an order under subsection (5) the period not exceeding 180 days for which the child shall be committed to the secure treatment program.

Release by Administrator

Release

Unconditional release by administrator

168 (1)  The administrator may release a child from a secure treatment program unconditionally where the administrator,

  (a)  has given the person with lawful custody of the child reasonable notice of the intention to release the child; and

  (b)  is satisfied that,

           (i)  the child no longer requires the secure treatment program, and

          (ii)  there is an appropriate plan for the child’s care on release from the secure treatment program.

Conditional release

(2)  The administrator may release a child from a secure treatment program temporarily for medical or compassionate reasons, or for a trial placement in an open setting, for such period and on such terms and conditions as the administrator determines.

Administrator may release despite court order

(3)  Subsections (1) and (2) apply despite an order made under subsection 164 (1) (commitment) or 167 (5) (extension).

Review of Commitment

Review of commitment

169 (1)  Any one of the following persons may apply to the court for an order terminating an order made under subsection 164 (1) (commitment) or 167 (5) (extension):

    1.  The child, where the child is 12 or older.

    2.  The child’s parent.

    3.  The society having care, custody or supervision of the child.

ss. 161 (3), (6-9), 162, 163 apply

(2)  Subsections 161 (3), (6), (7), (8) and (9) (hearing) and sections 162 (waive oral evidence) and 163 (assessment) apply with necessary modifications to an application made under subsection (1).

Termination of order

(3)  The court shall make an order terminating a child’s commitment unless the court is satisfied that,

  (a)  the child has a mental disorder;

  (b)  the secure treatment program would continue to be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person;

   (c)  no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances; and

  (d)  the child is receiving the treatment proposed at the time of the most recent order under subsection 164 (1) or 167 (5), or other appropriate treatment.

Same

(4)  In making an order under subsection (3), the court shall consider whether there is an appropriate plan for the child’s care on release from the secure treatment program.

ss. 167 (3-6), 168, 169 apply

170 Subsections 167 (3), (4), (5) and (6) and sections 168 and 169 apply with necessary modifications to a person who is 18 or older and committed to a secure treatment program as if the person were a child.

Emergency Admission

Emergency admission

171 (1)  Any one of the following persons may apply to the administrator for the emergency admission of a child to a secure treatment program:

    1.  Where the child is younger than 16,

            i.  the child’s parent,

           ii.  a person who is caring for the child with a parent’s consent,

          iii.  a child protection worker who brought the child to a place of safety under section 81, or

          iv.  a society that has custody of the child under an order made under Part V (Child Protection).

    2.  Where the child is 16 or older,

            i.  the child,

           ii.  the child’s parent, if the child consents to the application,

          iii.  a society that has custody of the child under an order made under Part V (Child Protection), if the child consents to the application, or

          iv.  a physician.

Criteria for admission

(2)  The administrator may admit a child to the secure treatment program on an application under subsection (1) for a period not to exceed 30 days where the administrator believes on reasonable grounds that,

  (a)  the child has a mental disorder;

  (b)  the child has, as a result of the mental disorder, caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to themself or another person;

   (c)  the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person;

  (d)  treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and

  (e)  no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances.

Admission on consent

(3)  The administrator may admit the child under subsection (2) although the criterion set out in clause (2) (b) is not met, where,

  (a)  the other criteria set out in subsection (2) are met;

  (b)  the child, after obtaining legal advice, consents to the admission; and

   (c)  if the child is younger than 16, the child’s parent or, where the child is in a society’s lawful custody, the society consents to the child’s admission.

Where child younger than 12

(4)  Where the child is younger than 12, the administrator shall not admit the child under subsection (2) unless the Minister consents to the child’s admission.

Additional requirement where applicant is physician

(5)  Where the applicant is a physician, the administrator shall not admit the child under subsection (2) unless the administrator is satisfied that the applicant believes the criteria set out in that subsection are met.

Notices required

(6)  The administrator shall ensure that within 24 hours after a child is admitted to a secure treatment program under subsection (2),

  (a)  the child is given written notice of the child’s right to a review under subsection (9); and

  (b)  the Provincial Advocate for Children and Youth and the Children’s Lawyer are given notice of the admission.

Mandatory advice

(7)  The Provincial Advocate for Children and Youth shall ensure that as soon as possible after the notice is received a person who is not employed to provide services in the secure treatment program explains to the child the child’s right to a review in language suitable to the child’s understanding.

Children’s Lawyer to ensure child represented

(8)  The Children’s Lawyer shall represent the child at the earliest possible opportunity and in any event within five days after receiving a notice under subsection (6) unless the Children’s Lawyer is satisfied that another person will provide legal representation for the child within that time.

Application for review

(9)  Where a child is admitted to a secure treatment program under this section, any person, including the child, may apply to the Board for an order releasing the child from the secure treatment program.

Child may be kept in program while application pending

(10)  Where an application is made under subsection (9), the child may be kept in the secure treatment program until the application is disposed of.

Procedure

(11)  Subsections 161 (7), (8) and (9) (hearing) and section 162 (waive oral evidence) apply with necessary modifications to an application made under subsection (9).

Time for review

(12)  Where an application is made under subsection (9), the Board shall dispose of the matter within five days of the making of the application.

Order

(13)  The Board shall make an order releasing the child from the secure treatment program unless the Board is satisfied that the child meets the criteria for emergency admission set out in clauses (2) (a) to (e).

Police Assistance

Powers of peace officers, period of commitment

Police may take child for secure treatment

172 (1)  A peace officer may take a child to a place where there is a secure treatment program,

  (a)  for emergency admission, at the request of an applicant referred to in subsection 171 (1); or

  (b)  where an order for the child’s commitment to the secure treatment program has been made under section 164.

Apprehension of child who leaves

(2)  Where a child who has been admitted to a secure treatment program leaves the facility in which the secure treatment program is located without the consent of the administrator, a peace officer may apprehend the child with or without a warrant and return the child to the facility.

Period of commitment

(3)  Where a child is returned to a facility under subsection (2), the time that the child was absent from the facility shall not be taken into account in calculating the period of commitment.

Secure De-escalation

Director’s approval

173 (1)  A Director may approve a locked room that complies with the prescribed standards and is located in premises where a service is provided, for use for the de-escalation of situations and behaviour involving children or young persons, on such terms and conditions as the Director determines.

Withdrawal of approval

(2)  Where a Director is of the opinion that a secure de-escalation room is unnecessary or is being used in a manner that contravenes this Part or the regulations, the Director may withdraw the approval given under subsection (1) and shall give the affected service provider notice of the decision, with reasons.

Secure de-escalation

174 (1)  No service provider or foster parent shall place in a locked room a child or young person who is in the service provider’s or foster parent’s care or permit the child or young person to be placed in a locked room, except in accordance with this section and the regulations.

Secure treatment, secure custody and secure temporary detention

(2)  Subsection (1) does not prohibit the routine locking at night of rooms in the premises of secure treatment programs or in places of secure custody and places of secure temporary detention under Part VI (Youth Justice).

Criteria for use of a secure de-escalation room

(3)  A child or young person may be placed in a secure de-escalation room where,

  (a)  in the service provider’s opinion,

           (i)  the child’s or young person’s conduct indicates that the child or young person is likely, in the immediate future, to cause serious property damage or to cause another person serious bodily harm, and

          (ii)  no less restrictive method of restraining the child or young person is practicable; and

  (b)  where the child is younger than 12, a Director gives permission for the child to be placed in a secure de-escalation room because of exceptional circumstances.

One-hour limit

(4)  A child or young person who is placed in a secure de-escalation room shall be released within one hour unless the person in charge of the premises approves the child’s or young person’s longer stay in a secure de-escalation room in writing and records the reasons for not restraining the child or young person by a less restrictive method.

Continuous observation

(5)  Subject to subsection (9), the service provider shall ensure that a child or young person who is placed in a secure de-escalation room is continuously observed by a responsible person.

Review

(6)  Where a child or young person is kept in a secure de-escalation room for more than one hour, the person in charge of the premises shall review the child’s or young person’s placement in a secure de-escalation room at prescribed intervals.

Release

(7)  A child or young person who is placed in a secure de-escalation room shall be released as soon as the person in charge is satisfied that the child or young person is not likely to cause serious property damage or serious bodily harm in the immediate future.

Maximum periods

(8)  Subject to subsection (9), in no event shall a child or young person be kept in a secure de-escalation room for a period or periods that exceed an aggregate of eight hours in a given 24-hour period or an aggregate of 24 hours in a given week.

Exception

(9)  A service provider is not required to comply with subsections (5) and (8) with respect to a young person who is 16 or older and who is held in a place of secure custody or of secure temporary detention, but a service provider shall comply with the following standards and procedures and with any additional standards and procedures that may be prescribed:

    1.  The young person must be observed every 15 minutes by a responsible person and these observations must be recorded in the young person’s case record.

    2.  The service provider must determine whether, given the needs of the young person, the young person should be observed at regular intervals that are more frequent than every 15 minutes, and, if that determination is made, the young person must be observed by a responsible person at the more frequent intervals determined by the service provider and these observations must be recorded in the young person’s case record.

    3.  The young person must not be kept in a secure de-escalation room for a continuous period in excess of 24 hours or for a period or periods that exceed an aggregate of 24 hours in a seven-day period.

    4.  Despite paragraph 3, the service provider may extend a young person’s placement in a secure de-escalation room for a continuous period beyond 24 hours or for an aggregate of more than 24 hours in a given seven-day period, if the provincial director approves the extension.

    5.  The provincial director may approve the extension of the placement of a young person in a secure de-escalation room beyond 24 continuous hours or beyond an aggregate of 24 hours in a given seven-day period if the provincial director has reasonable and probable grounds to believe that the young person’s continued placement in a secure de-escalation room is necessary for the safety of staff or young persons in the facility.

Review of use of secure de-escalation

175 A person in charge of premises containing a secure de-escalation room shall review,

  (a)  the need for the secure de-escalation room; and

  (b)  the prescribed matters,

every three months or, in the case of secure custody or secure temporary detention, every six months from the date on which the secure de-escalation room is approved under subsection 173 (1), shall make a written report of each review to a Director and shall make such additional reports as are prescribed.

Psychotropic Drugs