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

Child and Family Services Act

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

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within two business days of accessing this document. For more current amendment information, see the Table of Public Statutes – Legislative History Overview.

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; 2004, c. 3, Sched. A, s. 78; 2005, c. 5, s. 7.

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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:

           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.

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”)

“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

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:

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

See:  1999, c. 2, ss. 2 (3), 38.

         (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.

Idem: “parent”

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

         (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,

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,

“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.

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,

         (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.

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.