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Child and Family Services Act

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

Note: This Act was repealed on April 30, 2018. (See: 2017, c. 14. Sched. 1, s. 350)

CONTENTS

Paramount purpose and other purposes

Paramount purpose

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

Other purposes

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

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

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

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

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

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

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

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

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

5. To recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family. 1999, c. 2, s. 1; 2006, c. 5, s. 1; 2016, c. 23, s. 38 (1).

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

Duties of service providers

French language services

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

Duties of service providers

(2) Service providers shall ensure,

(a) that children and their parents have an opportunity where appropriate to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving; and

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

Interpretation

Definitions

3 (1) In this Act,

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

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

“approved service” means a service provided,

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

(b) by an approved agency, or

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

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

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

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

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

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

“child pornography” means,

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

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

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

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

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

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

See: 2008, c. 21, ss. 1, 6.

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

“child welfare service” means,

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

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

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

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

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

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

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

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

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

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

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

(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 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 VII,

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

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

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

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

“Minister” means the Minister of 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”)

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

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

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

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

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

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

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

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

“place of temporary detention” means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) or under the federal Act; (“lieu de détention provisoire”)

“program supervisor” means a program supervisor appointed under subsection 5 (2) of Part I (Flexible Services); (“superviseur de programme”)

“provincial director” means,

(a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or

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

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

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

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

“service” means,

(a) a child development service,

(b) a child treatment service,

(c) a child welfare service,

(d) a community support service, or

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

“service provider” means,

(a) the Minister,

(b) an approved agency,

(c) a society,

(d) a licensee, or

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

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

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

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

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

“youth justice service” means a service provided under Part IV (Youth Justice) or under a program established under that Part. (“service de justice pour les adolescents”) R.S.O. 1990, c. C.11, s. 3 (1); 1999, c. 2, s. 2; 1999, c. 12, Sched. G, s. 16 (1); 2001, c. 13, s. 5 (1-3); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 2 (1, 2); 2006, c. 5, s. 2 (1, 2); 2009, c. 2, s. 1; 2009, c. 33, Sched. 7, s. 1 (1); 2016, c. 23, s. 38 (2, 3, 18).

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. 2016, c. 23, s. 38 (4).

Child’s community

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

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

2. A person who has a beneficial and meaningful relationship with the child or with a parent, sibling or relative of the child. 2006, c. 5, s. 2 (3); 2016, c. 23, s. 38 (17).

Consents and Participation in Agreements

Consents and agreements

4 (1) In this section,

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

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

Elements of valid consent or agreement, etc.

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

(a) has capacity;

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

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

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

Where person lacks capacity

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

Exception

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

Consent, etc., of minor

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

PART I

FLEXIBLE SERVICES

Directors and Program Supervisors

Directors and program supervisors

Appointment of Director

5 (1) The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations. R.S.O. 1990, c. C.11, s. 5 (1).

Appointment of program supervisor

(2) The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations. R.S.O. 1990, c. C.11, s. 5 (2).

Limitations, etc., on appointments

(3) The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject. R.S.O. 1990, c. C.11, s. 5 (3).

Remuneration and expenses

(4) The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister and shall be paid out of legislative appropriations. R.S.O. 1990, c. C.11, s. 5 (4); 2006, c. 35, Sched. C, s. 14 (1).

Reports and information

(5) A service provider shall,

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

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

Powers of program supervisor

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

Offence

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

Idem

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

Regulations re exercise of power of entry

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

Approvals and Funding

Provision of services directly or by purchase

7 (1) The Minister may,

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

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

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

Grants and contributions for services, consultation, etc.

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

Approval of agencies

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

Funding for establishment of services

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

Financial assistance, etc.

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

Effective date

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

Approval of premises for provision of services

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

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

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

Effective date

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

Terms and conditions and services to adults

Terms and conditions

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

Duty of Director

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

Transfer of assets

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

Services to persons over eighteen

(4) The Minister may,

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

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

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

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

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

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

Co-ordinating or advisory groups

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

Security for payment of funds

12 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, registration of agreement or in such other manner as the Minister determines. R.S.O. 1990, c. C.11, s. 12.

Approved agency

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

Idem

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

Band or native community representatives

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

Employee may not sit on board

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

Placements must comply with Act and regulations

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

Children’s Aid Societies

Children’s Aid Society

15 (1) In this section,

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

Designation of children’s aid society

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

Functions of society

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

(a) investigate allegations or evidence that children 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 VII; and

(g) perform any other duties given to it by this or any other Act. R.S.O. 1990, c. C.11, s. 15 (3); 2017, c. 14, Sched. 2, s. 1.

Prescribed standards, etc.

(4) A society shall,

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

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

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

Protection from personal liability

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

Appointment of local director

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

Duties of Director with respect to societies

17 (1) A Director,

(a) shall advise and supervise societies;

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

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

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

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

(2) Repealed: 2006, c. 5, s. 3.

Designation of places of safety

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

Financial provisions

19 (1) Repealed: 1999, c. 2, s. 4 (1).

Payments by Minister

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

(3) Repealed: 1999, c. 2, s. 4 (1).

How society’s estimates determined

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

(5) Repealed: 1999, c. 2, s. 4 (1).

Manner of payment

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

Local board

20 (1) Repealed: 1999, c. 2, s. 5.

Society deemed to be a local board

(2) A society shall be deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the Municipal Conflict of Interest Act. R.S.O. 1990, c. C.11, s. 20 (2); 2006, c. 2, s. 45.

Directives to societies

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

Resolution of issues by prescribed method of alternative dispute resolution

20.2 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care. 2006, c. 5, s. 5.

Where child is Indian or native person

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

Children’s Lawyer

(3) If a society or a person, including a child, who is receiving child welfare services proposes that a prescribed method of alternative dispute resolution be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if in the opinion of the Children’s Lawyer such legal representation is appropriate. 2006, c. 5, s. 5.

Notice to band, native community

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

Agreements with other Governments

Minister may make agreements with other governments

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

Revocation and Take-Over Powers

Powers of Minister

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

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

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

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

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

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

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

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

the Minister may,

(e) revoke or suspend the approval; or

(f) in the case of a society,

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

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

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

Notice of proposal

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

Request for hearing

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

Where agency does not request hearing

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

Hearing

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

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

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

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

Procedure

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

Report to Minister

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

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

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

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

Minister’s decision

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

Provisional suspension

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

Minister’s order to cease activity

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

Notice of proposal

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

Where order may be made immediately

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

Minister has powers of board

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

Idem

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

(a) carry on the society’s business;

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

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

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

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

Occupation and operation of premises

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

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

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

Maximum period

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

Offences

Offence

25 A person who knowingly,

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

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

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

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

PART II

VOLUNTARY ACCESS TO SERVICES

Definitions

26 In this Part,

“advisory committee” means a Residential Placement Advisory Committee established under subsection 34 (2); (“comité consultatif”)

“institution” means,

(a) a children’s residence, other than a maternity home, operated by the Minister or under the authority of a licence issued under Part IX (Licensing) with the capacity of providing residential services to ten or more children at a time, or

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

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

“special need” means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. (“besoin particulier”) R.S.O. 1990, c. C.11, s. 26; 2001, c. 13, s. 5 (4).

Consents

Consent to service

Consent to service: person 16 or older

27 (1) Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. 2017, c. 14, Sched. 2, s. 2 (1).

Consent to residential service: child under 16 or in society’s care

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

(a) if the child is less than 16 years of age, 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. 2017, c. 14, Sched. 2, s. 2 (2).

Exception — Part IV

(3) Subsections (1) and (2) do not apply where a service is provided to a young person under Part IV (Youth Justice). 2017, c. 14, Sched. 2, s. 2 (2).

Discharge from residential placement

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

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

(b) where the placement is made under the authority of an agreement made under subsection 29 (1) (temporary care agreements) or subsection 30 (1) or (2) (special needs agreements), in accordance with section 33 (termination by notice); or

(c) where the placement is made under the authority of an agreement made under subsection 37.1 (1) (agreements with 16 and 17 year olds), in accordance with subsection 37.1 (5) (notice of termination). R.S.O. 1990, c. C.11, s. 27 (4); 2017, c. 14, Sched. 2, s. 2 (3).

Transfer to another placement

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

Child’s wishes

(6) Before a child is placed in or discharged from a residential placement or transferred from one residential placement to another with the consent referred to in subsection (2), the service provider shall take the child’s wishes into account, if they can be reasonably ascertained. R.S.O. 1990, c. C.11, s. 27 (6).

Counselling service: child twelve or older

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

Temporary Care Agreements

Temporary care agreement

29 (1) A person who is temporarily unable to care adequately for a child in his or her custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child. R.S.O. 1990, c. C.11, s. 29 (1).

Child’s age

(2) No temporary care agreement shall be made in respect of a child who is 12 years of age or older, unless the child is a party to the agreement. 2017, c. 14, Sched. 2, s. 3.

Exception: developmental disability

(3) Clause (2) (b) does not apply where it has been determined on the basis of an assessment, not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability. 2001, c. 13, s. 5 (5).

Duty of society

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

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

(b) is satisfied that no less disruptive course of action, such as care in the child’s own home, is appropriate for the child in the circumstances. R.S.O. 1990, c. C.11, s. 29 (4); 1999, c. 2, s. 8 (1).

Term of agreement limited

(5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed an aggregate of twelve months. R.S.O. 1990, c. C.11, s. 29 (5).

Time limit

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

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

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

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

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

Same

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

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

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

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

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

Previous periods to be counted

(6.2) The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (6.1) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody. 1999, c. 2, s. 8 (2).

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

Authority to consent to medical treatment may be transferred

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

Contents of temporary care agreement

(8) A temporary care agreement shall include:

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

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

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

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

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

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

7. Such other provisions as are prescribed. R.S.O. 1990, c. C.11, s. 29 (8).

Designation by advisory committee

(9) Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 or designate another person under paragraph 5 of subsection (8), an advisory committee that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care. R.S.O. 1990, c. C.11, s. 29 (9).

Variation of agreement

(10) The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it. R.S.O. 1990, c. C.11, s. 29 (10).

Special Needs Agreements

Special needs agreements

Special needs agreement with society

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

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

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

Special needs agreement with Minister

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

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

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

Term to be specified

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

s. 29 (7-10) apply

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

Sixteen and seventeen year olds

Society agreements with sixteen and seventeen year olds

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

Idem: special needs agreement with Minister

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

Contents of agreements

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

s. 29 (10) applies

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

Expiry and Termination of Agreements

Agreement expires at eighteen

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

Notice of termination of agreement

33 (1) A party to an agreement made under section 29, 30 or 31 may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.

When notice takes effect

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

Return of child, etc., by society

(3) Where notice of a wish to terminate an agreement for care and custody made under subsection 29 (1) or 30 (1) is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2),

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

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

Idem: Minister

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

Idem: expiry of agreement

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

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

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

Review by Residential Placement Advisory Committee

Residential placement review

34 (1) In this section,

“residential placement” does not include,

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

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

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

Residential placement advisory committees

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

(a) persons engaged in providing services;

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

(c) one representative of the Ministry; and

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

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

Payments, etc., to members

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

Duties of committee

(4) An advisory committee has a duty to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential services and alternatives to residential services, to conduct reviews under this section, and to name persons for the purpose of subsection 29 (9) (contact with child under temporary care agreement), and has such further duties as are prescribed. R.S.O. 1990, c. C.11, s. 34 (4).

Designation by Director

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

Mandatory review by committee

(6) An advisory committee shall review,

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

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

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

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

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

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

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

(c) an existing or proposed residential placement of a child that the Minister refers to the advisory committee, within thirty days of the referral. R.S.O. 1990, c. C.11, s. 34 (6).

Discretionary review

(7) An advisory committee may at any time review or re-review, on a person’s request or on its own initiative, an existing or proposed residential placement of a child who resides within the advisory committee’s jurisdiction. R.S.O. 1990, c. C.11, s. 34 (7).

Review to be informal, etc.

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

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

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

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

(d) examine records of the child and of members of the child’s family, as defined in Part VIII (Confidentiality of and Access to Records), that are disclosed to the committee in accordance with that Part. R.S.O. 1990, c. C.11, s. 34 (8).

Service providers to assist advisory committee

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

What committee shall consider

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

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

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

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

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

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

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

Recommendations

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

(a) the service provider;

(b) any representative of the child;

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

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

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

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

Report of review to Minister

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

Recommendation for less restrictive service

(3) Where an advisory committee considers that the provision of a less restrictive service to a child would be more appropriate for the child than the residential placement, the advisory committee shall recommend in its report under subsection (2) that the less restrictive service be provided to the child.

Additional reports at Minister’s request

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

Review by Child and Family Services Review Board

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

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

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

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

Duty of Board

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

Idem

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

Parties

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

(a) the child;

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

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

(d) any other persons that the Board specifies.

Time for determination

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

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

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

Board’s recommendation

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

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

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

(c) confirm the existing placement. R.S.O. 1990, c. C.11, s. 36.

PART III

CHILD PROTECTION

Interpretation

37 (1) In this Part,

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

“parent”, when used in reference to a child, means each of 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 158 or 159.

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 his or her 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; (“père ou mère”)

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

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

(b) a place of secure temporary detention as defined in Part IV. (“lieu sûr”) R.S.O. 1990, c. C.11, s. 37 (1); 2006, c. 19, Sched. D, s. 2 (5); 2006, c. 5, s. 6 (1, 2); 2016, c. 23, s. 38 (5); 2017, c. 14, Sched. 2, s. 4 (1).

Child in need of protection

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

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

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

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

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

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

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

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

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

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

See: 2008, c. 21, ss. 2, 6.

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

(e) the child requires medical treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, the treatment;

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

(i) anxiety,

(ii) depression,

(iii) withdrawal,

(iv) self-destructive or aggressive behaviour, or

(v) delayed development,

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

(f.1) the child has suffered emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

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

(g.1) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and that the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm;

(h) the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition;

(i) the child has been abandoned, the child’s parent has died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody;

(j) the child is less than twelve years old and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, those services or treatment;

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

(l) the child’s parent is unable to care for the child and the child is brought before the court with the parent’s consent and, where the child is twelve years of age or older, with the child’s consent, to be dealt with under this Part; or

(m) the child is 16 or 17 years of age and a prescribed circumstance or condition exists. R.S.O. 1990, c. C.11, s. 37 (2); 1999, c. 2, s. 9; 2017, c. 14, Sched. 2, s. 4 (2).

Best interests of child

(3) Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall take into consideration those of the following circumstances of the case that he or she considers relevant:

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

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

3. The child’s cultural background.

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

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

6. The child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community.

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

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

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

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

11. The risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent.

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

13. Any other relevant circumstance. R.S.O. 1990, c. C.11, s. 37 (3); 2006, c. 5, s. 6 (3); 2016, c. 23, s. 38 (18).

Where child an Indian or native person

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

Place of safety

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

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

(b) a society or, in the case of a child who is an Indian or native person, an Indian or native child and family service authority designated under section 211 of Part X has conducted an assessment of the person’s home in accordance with the prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child. 2006, c. 5, s. 6 (4); 2016, c. 23, s. 38 (17).

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

Society agreements with 16 and 17 year olds

37.1 (1) The society and a child who is 16 or 17 years of age 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. 2017, c. 14, Sched. 2, s. 5.

Same

(2) The society may make a written agreement under subsection (1) where a temporary care agreement in respect of the child is terminated, expires or is about to expire as described in section 33 and is not extended, and may do so before the agreement terminates or expires. 2017, c. 14, Sched. 2, s. 5.

Term of agreement

(3) 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. 2017, c. 14, Sched. 2, s. 5.

Previous or current involvement with society not a bar to agreement

(4) 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 29 or pursuant to an order made under clause 51 (2) (d), paragraph 2 or 3 of subsection 57 (1) or subsection 65.2 (1). 2017, c. 14, Sched. 2, s. 5.

Notice of termination of agreement

(5) 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. 2017, c. 14, Sched. 2, s. 5.

Agreement expires at 18

(6) No agreement made under this section shall continue beyond the eighteenth birthday of the person who is its subject. 2017, c. 14, Sched. 2, s. 5.

Current proceedings and orders must be terminated first

(7) Despite subsection (4), an agreement may not come into force under this section until any temporary care agreement under section 29 or order for the care or supervision of a child under this Part is terminated. 2017, c. 14, Sched. 2, s. 5.

Representation by Children’s Lawyer

(8) 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. 2017, c. 14, Sched. 2, s. 5.

Legal Representation

Legal representation of child

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

Court to consider issue

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

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

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

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

Direction for legal representation

(3) Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child. R.S.O. 1990, c. C.11, s. 38 (1-3).

Criteria

(4) Where,

(a) the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be made a society or Crown ward under paragraph 2 or 3 of subsection 57 (1);

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

(i) no parent appears before the court, or

(ii) it is alleged that the child is in need of protection within the meaning of clause 37 (2) (a), (c), (f), (f.1) or (h); or

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

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

Where parent a minor

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

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

Parties and Notice

Parties

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

1. The applicant.

2. The society having jurisdiction in the matter.

3. The child’s parent.

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

Director to be added

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

Right to participate

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

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

(b) may be present at the hearing;

(c) may be represented by a solicitor; and

(d) may make submissions to the court,

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

Child twelve or older

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

Child under twelve

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

(a) is capable of understanding the hearing; and

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

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

Child’s participation

(6) A child who is the applicant under subsection 64 (4) (status review), receives notice of a proceeding under this Part or has legal representation in a proceeding is entitled to participate in the proceeding and to appeal under section 69 as if he or she were a party.

Dispensing with notice

(7) Where the court is satisfied that the time required for notice to a person might endanger the child’s health or safety, the court may dispense with notice to that person. R.S.O. 1990, c. C.11, s. 39.

Commencing Child Protection Proceedings

Warrants, orders, apprehension, etc.

Application

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

Warrant to apprehend child

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

(0.a) the child is less than 16 years old;

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

(b) a less restrictive course of action is not available or will not protect the child adequately. R.S.O. 1990, c. C.11, s. 40 (2); 2017, c. 14, Sched. 2, s. 6 (1, 2).

Idem

(3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7). R.S.O. 1990, c. C.11, s. 40 (3); 1993, c. 27, Sched.

Order to produce or apprehend child

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

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

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

the court may order,

(c) that the person having charge of the child produce him or her before the court at the time and place named in the order for a hearing under subsection 47 (1) to determine whether he or she is in need of protection; or

(d) where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 40 (4); 1993, c. 27, Sched.

Child’s name, location not required

(5) It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located. R.S.O. 1990, c. C.11, s. 40 (5).

Authority to enter, etc.

(6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child. R.S.O. 1990, c. C.11, s. 40 (6).

Apprehension without warrant

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

(a) a child is in need of protection;

(a.1) the child is less than 16 years old; and

(b) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 47 (1) or obtain a warrant under subsection (2),

may without a warrant bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 40 (7); 2017, c. 14, Sched. 2, s. 6 (3, 4).

Police assistance

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

Consent to examine child

(9) A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required. R.S.O. 1990, c. C.11, s. 40 (9).

Place of open temporary detention

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

Right of entry, etc.

(11) A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. R.S.O. 1990, c. C.11, s. 40 (11).

Regulations re power of entry

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

Peace officer has powers of child protection worker

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

Protection from personal liability

(14) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty. R.S.O. 1990, c. C.11, s. 40 (14).

Exception, 16 or 17 year old brought to place of safety or apprehended with consent

40.1 (1) A child protection worker may bring a child who is 16 or 17 years old and who is subject to a temporary or final supervision order to a place of safety if the child consents. 2017, c. 14, Sched. 2, s. 7.

Temporary or final supervision order

(2) In this section,

“temporary or final supervision order” means an order under clause 51 (2) (b) or (c), paragraph 1 or 4 of subsection 57 (1), subsection 64 (8) or 65.1 (10) or clause 65.2 (1) (a). 2017, c. 14, Sched. 2, s. 7.

Special Cases of Apprehension of Children

Apprehension of children in care

Warrant to apprehend child in care

41 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or child protection worker’s sworn information that,

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

(b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. R.S.O. 1990, c. C.11, s. 41 (1).

Idem

(2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). R.S.O. 1990, c. C.11, s. 41 (2).

No need to specify premises

(3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. R.S.O. 1990, c. C.11, s. 41 (3).

Apprehension of child in care without warrant

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

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

(b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1),

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

Apprehension of child absent from place of open temporary detention

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

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

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

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

Idem

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

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

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

Apprehension of child under twelve

42 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child without a warrant and on doing so,

(a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or

(b) where it is not possible to return the child to the parent or other person within a reasonable time, shall take the child to a place of safety to be detained there until the child can be returned to the parent or other person.

Notice to parent, etc.

(2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person. R.S.O. 1990, c. C.11, s. 42 (1, 2).

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

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

Runaways

43 (1) In this section,

“parent” includes,

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

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

Warrant to apprehend runaway child

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

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

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

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

Idem

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

Notice to parent, etc.

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

Where child not returned to parent within twelve hours

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

Where custody enforcement proceedings more appropriate

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

No need to specify premises

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

Child protection proceedings

(8) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child apprehended under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the parent,

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

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

Power of Entry and Other Provisions for Special Cases of Apprehension

Authority to enter, etc.

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

Right of entry, etc.

(2) A person authorized under subsection 41 (4) or (5) or 42 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. R.S.O. 1990, c. C.11, s. 44 (2).

Regulations re power of entry

(3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations. R.S.O. 1990, c. C.11, s. 44 (3).

Police assistance

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

Consent to examine child

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

Place of open temporary detention

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

Protection from personal liability

(7) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 41, 42 or 43 or for an alleged neglect or default in the execution in good faith of that duty. R.S.O. 1990, c. C.11, s. 44 (7).

Hearings and Orders

Rules re hearings

45 (1) In this section,

“media” means the press, radio and television media. R.S.O. 1990, c. C.11, s. 45 (1).

Application

(2) This section applies to hearings held under this Part, except hearings under section 76 (child abuse register). R.S.O. 1990, c. C.11, s. 45 (2).

Hearings separate from criminal proceedings

(3) A hearing shall be held separately from hearings in criminal proceedings. R.S.O. 1990, c. C.11, s. 45 (3).

Hearings private unless court orders otherwise

(4) A hearing shall be held in the absence of the public, subject to subsection (5), unless the court, after considering,

(a) the wishes and interests of the parties; and

(b) whether the presence of the public would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding,

orders that the hearing be held in public. R.S.O. 1990, c. C.11, s. 45 (4); 2009, c. 33, Sched. 7, s. 1 (2).

Media representatives

(5) Media representatives chosen in accordance with subsection (6) may be present at a hearing that is held in the absence of the public, unless the court makes an order excluding them under subsection (7). R.S.O. 1990, c. C.11, s. 45 (5).

Idem

(6) The media representatives who may be present at a hearing that is held in the absence of the public shall be chosen as follows:

1. The media representatives in attendance shall choose not more than two persons from among themselves.

2. Where the media representatives in attendance are unable to agree on a choice of persons, the court may choose not more than two media representatives who may be present at the hearing.

3. The court may permit additional media representatives to be present at the hearing. R.S.O. 1990, c. C.11, s. 45 (6).

Order excluding media representatives or prohibiting publication

(7) The court may make an order,

(a) excluding a particular media representative from all or part of a hearing;

(b) excluding all media representatives from all or a part of a hearing; or

(c) prohibiting the publication of a report of the hearing or a specified part of the hearing,

where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding. R.S.O. 1990, c. C.11, s. 45 (7).

Prohibition: identifying child

(8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family. R.S.O. 1990, c. C.11, s. 45 (8).

Idem: order re adult

(9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part. R.S.O. 1990, c. C.11, s. 45 (9).

Transcript

(10) No person except a party or a party’s solicitor shall be given a copy of a transcript of the hearing, unless the court orders otherwise. R.S.O. 1990, c. C.11, s. 45 (10).

Time of detention limited

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

(a) the matter shall be brought before a court for a hearing under subsection 47 (1) (child protection hearing);

(b) the child shall be returned to the person who last had charge of the child or, where there is an order for the child’s custody that is enforceable in Ontario, to the person entitled to custody under the order;

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

(d) an agreement shall be made under section 37.1 (agreements with 16 and 17 year olds). R.S.O. 1990, c. C.11, s. 46 (1); 2017, c. 14, Sched. 2, s. 8.

Idem: place of open temporary detention

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

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

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

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

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

46.1 As soon as practicable, but in any event within five days after a child who is 16 or 17 years old is brought to a place of safety with the child’s consent under section 40.1,

(a) the matter shall be brought before a court for a hearing under subsection 47 (1); or

(b) the child shall be returned to the person entitled to custody of the child under an order made under this Part. 2017, c. 14, Sched. 2, s. 9.

Child protection hearing

47 (1) Where an application is made under subsection 40 (1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 57.

Child’s name, age, etc.

(2) As soon as practicable, and in any event before determining whether a child is in need of protection, the cou