Child and Family Services Act, R.S.O. 1990, c. C.11

CHAPTER C.11

Child and Family Services Act

Amended by: 1992, c. 32, s. 3; 1993, c. 27, Sched.; 1994, c. 27, s. 43 (2); 1996, c. 2 s. 62; 1999, c. 2, ss. 1-35; 1999, c. 6, s. 6; 1999, c. 12, Sched. E, s. 1; 1999, c. 12, Sched. G, s. 16; 2001, c. 13, s. 5; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. D, s. 1.

As of January 1, 2003.

(NOTE: By Order in Council approved April 25, 2002, the powers and duties of the Minister were transferred to the Minister of Community, Family and Children's Services.)

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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:

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,

Interpretation

Definitions

3.  (1)  In this Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 1999, chapter 2, subsection 2 (3) and the following substituted:

See: 1999, c. 2, ss. 2 (3), 38.

Idem: "parent"

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

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

Consents and Participation in Agreements

Consents and agreements

4. (1) In this section,

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,

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.

Appointment of program supervisor

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

Limitations, etc., on appointments

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

Remuneration and expenses

(4) The remuneration and expenses of a person appointed under this section who is not a public servant under the Public Service Act shall be fixed by the Minister and shall be paid out of legislative appropriations.

Reports and information

(5) A service provider shall,

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,

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,

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,

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,

Prescribed standards, etc.

(4)  A society shall,

(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,

Director may designate places of safety

(2) A Director may designate a place as a place of safety, and may designate a class of places as places of safety, for the purposes of Part III (Child Protection). R.S.O. 1990, c. C.11, s. 17.

18. Repealed: 1999, c. 2, s. 3.

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 and the Municipal Conflict of Interest Act. R.S.O. 1990, c. C.11, s. 20 (2).

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.

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,

the Minister may,

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),

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,

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,

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,

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,

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,

Consents

Consent to service

Consent to service: person over sixteen

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

Consent to residential service: child under sixteen

(2) A service provider may provide a residential service to a child who is less than sixteen years of age only with the consent of the child's parent or, where the child is in a society's lawful custody, the society's consent, except where this Act provides otherwise.

Exception

(3) Subsections (1) and (2) do not apply where a service is provided to a child under Part IV (Young Offenders).

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,

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.

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.

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,

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,

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,

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,

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:

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,

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,

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),

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,

Review by Residential Placement Advisory Committee

Residential placement review

34. (1) In this section,

Residential placement advisory committees

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

and shall specify the territorial jurisdiction of each advisory committee.

Payments, etc., to members

(3) The Minister may pay allowances and reasonable travelling expenses to any or all of