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

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 children's needs for continuity of care and for stable family relationships, and

ii. takes into account physical and mental developmental differences among children.

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.

(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.

"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")

"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")

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

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

(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 Community and Social Services; ("ministre")

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

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

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

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

"prescribed" means prescribed by the regulations; ("prescrit")

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

"regulations" means the regulations made under this Act; ("règlements")

"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, 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 young offenders 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 offenders service" means a service provided under Part IV (Young Offenders) or under a program established under that Part. ("service aux jeunes contrevenants") R.S.O. 1990, c. C.11, s. 3 (1); 1999, c. 2, s. 2 (1, 2); 1999, c. 12, Sched. G, s. 16 (1); 2001, c. 13, s. 5 (1-3); 2002, c. 17, Sched. F, Table.

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

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

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

"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") and

"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.

(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.

(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.

(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,

(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),

"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).

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

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

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

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

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

(f) place children for adoption under Part VII; and

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

(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).

(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).

(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,

(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.

(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,

(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,

(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).

(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.

(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,

"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).

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

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

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

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

(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).

(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).

(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),

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).

(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.

(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.