Child and Family Services Act, R.S.O. 1990, c. C.11
| Citation: | Child and Family Services Act, R.S.O. 1990, c. C.11 | |
| Enabled Regulations: | 9 Regulations | |
| URL: | http://www.canlii.org/on/laws/sta/c-11/20080115/whole.html | |
| Version downloaded by CanLII on 2008-01-15 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
Child and Family Services Act
R.S.O. 1990, CHAPTER C.11
Consolidation Period: From October 5, 2007 to the e-Laws currency date.
Last amendment: 2007, c. 9, s. 25.
CONTENTS
Paramount purpose and other purposes | |
Duties of service providers | |
Definitions | |
Consents and agreements | |
PART I | |
Directors and program supervisors | |
Powers of program supervisor | |
Provision of services directly or by purchase | |
Approval of agencies | |
Approval of premises for provision of services | |
Terms and conditions and services to adults | |
Co-ordinating or advisory groups | |
Security for payment of funds | |
Approved agency | |
Placements must comply with Act and regulations | |
Children’s Aid Society | |
Appointment of local director | |
Duties of Director with respect to societies | |
Designation of places of safety | |
Financial provisions | |
Local board | |
Directives to societies | |
Resolution of issues by prescribed method of alternative dispute resolution | |
Minister may make agreements with other governments | |
Powers of Minister | |
Minister’s order to cease activity | |
Minister has powers of board | |
Offence | |
PART II | |
Definitions | |
Consent to service | |
Counselling service: child twelve or older | |
Temporary care agreement | |
Special needs agreements | |
Sixteen and seventeen year olds | |
Agreement expires at eighteen | |
Notice of termination of agreement | |
Residential placement review | |
Recommendations | |
Review by Child and Family Services Review Board | |
PART III | |
Interpretation | |
Legal representation of child | |
Parties | |
Warrants, orders, apprehension, etc. | |
Apprehension of children in care | |
Apprehension of child under twelve | |
Runaways | |
Power of Entry and Other Provisions for Special Cases of Apprehension | |
Authority to enter, etc. | |
Rules re hearings | |
Time of detention limited | |
Child protection hearing | |
Territorial jurisdiction | |
Power of court | |
Evidence | |
Adjournments | |
Use of prescribed methods of alternative dispute resolution | |
Delay: court to fix date | |
Reasons, etc. | |
Order for assessment | |
Consent order: special requirements | |
Society’s plan for child | |
Order where child in need of protection | |
Custody order | |
Effect of custody proceedings | |
Access order | |
Access: where child removed from person in charge | |
Review of access order made concurrently with custody order | |
Restriction on access order | |
Order for payment by parent | |
Placement of wards | |
Society wards – medical treatment and marriage | |
Custodianship of wards | |
Society’s obligation to a Crown ward | |
Status review | |
Court may vary, etc. | |
Status review, Crown ward and former Crown wards | |
Court order | |
Director’s annual review of Crown wards | |
Investigation by judge | |
Complaint to society | |
Complaint to Board | |
Appeal | |
Time limit | |
Expiry of orders | |
Extended care | |
Duty to report child in need of protection | |
Duty of society | |
Duty to report child’s death | |
Review team | |
Record | |
Warrant for access to record | |
Telewarrant | |
Register | |
Hearing re registered person | |
Director’s power to transfer | |
Homemaker | |
Abuse, failure to provide for reasonable care, etc. | |
Restraining order | |
Recovery because of abuse | |
Prohibition | |
Offence | |
Offence | |
Offences | |
How child’s religious faith determined | |
Injunction | |
PART IV | |
Definitions | |
Services and programs | |
Appointments by Minister | |
Approval of provincial director for provision of services to person over sixteen | |
Reports and information | |
Open and secure detention | |
Young persons in open custody | |
Custody Review Board | |
Application to Board | |
Apprehension of Young Persons who are Absent from Custody without Permission | |
Apprehension | |
PART V | |
Definition | |
Locking up restricted | |
No corporal punishment | |
Rights of communication, etc. | |
Personal liberties | |
Plan of care | |
Parental consent, etc. | |
Right to be heard | |
Right to be informed | |
Internal complaints procedure | |
Further review | |
Minister to advise persons affected of any decision | |
PART VI | |
Definitions | |
Minister may establish or approve programs | |
Application for order for child’s commitment | |
Oral evidence | |
Assessment | |
Commitment to secure treatment: criteria | |
Period of commitment | |
Reasons, plans, etc. | |
Extension | |
Release | |
Review of commitment | |
ss. 120 (3-6), 121, 122 apply | |
Emergency admission | |
Powers of peace officers, period of commitment | |
Director’s approval | |
Secure isolation | |
Review of use of secure isolation | |
Review team | |
Approval by Minister | |
Intrusive procedures restricted | |
Consents required for use of psychotropic drug | |
Review of certain recommended procedures | |
Professional Advisory Board | |
Request for review | |
PART VII | |
Interpretation | |
Consents | |
Dispensing with consent | |
Late withdrawal of consent | |
Only societies and licensees may place children, etc. | |
Limitation on placement by society | |
Where child an Indian or native person | |
Adoption homestudy | |
Access orders terminate | |
Decision to Refuse to Place Child or to Remove Child after Placement | |
Decision of society or licensee | |
Notice to Director | |
Application to make openness order | |
Application to vary or terminate openness order | |
Orders for adoption | |
Where applicant a minor | |
Where order not to be made | |
Director’s statement | |
Place of hearing | |
Rules re applications | |
Power of court | |
Change of name | |
Varying or terminating openness orders after adoption | |
Appeal of order to vary or terminate openness order | |
Application of s. 151 | |
Child may participate | |
Legal representation of child | |
Who may enter into openness agreement | |
Interim order | |
Successive adoption orders | |
Appeals | |
Order final | |
Status of adopted child | |
Effect of foreign adoption | |
No order for access by birth parent, etc. | |
Parent to be informed on request | |
Court papers | |
Designation of custodians of information | |
Disclosure to designated custodian | |
Disclosure to others | |
Scope of application | |
Confidentiality of adoption information | |
No payments for adoption | |
Offence | |
Unauthorized disclosure of information by designated custodian | |
Injunction | |
PART VIII | |
Definitions | |
Exceptions | |
Prohibition | |
Consent to disclosure: child under sixteen | |
Disclosure without consent | |
Disclosure of records of mental disorders | |
Right of access to personal records | |
Where access may be refused | |
Duty of service provider | |
Right to have record corrected | |
Right to review: refusal of access or correction | |
Access, etc., to be noted on record | |
Protection from liability for disclosure | |
Code of record-keeping procedures | |
PART IX | |
Definitions | |
Licences | |
Powers of program supervisor | |
Grounds for refusal | |
Refusal to renew; revocation | |
Hearings arising out of s. 195 or 196 | |
Review of terms of licence by Tribunal | |
Continuation of licence | |
Provisional suspension of licence | |
Rules re proceedings | |
Appeal | |
Records and licence, removal of children | |
Order for Minister’s occupation | |
Injunction | |
Offence | |
Child and Family Services Review Board | |
PART X | |
Definition | |
Designation of native communities | |
Agreements with bands and native communities | |
Designation of child and family service authority | |
Subsidy for customary care | |
Consultation with bands and native communities | |
Consultation in specified cases | |
PART XI | |
Regulations: Part I (Flexible Services) | |
Regulations: Part II (Voluntary Access to Services) | |
Regulations: Part III (Child Protection) | |
Regulations: Part IV (Youth Justice) | |
Regulations: Part V (Rights of Children) | |
Regulations: Part VI (Extraordinary Measures) | |
Regulations: Part VII (Adoption) | |
Regulations: Part VIII (Confidentiality of and Access to Records) | |
Regulations: Part IX (Licensing) | |
Regulations: Part X (Indian and Native Child and Family Services) | |
Regulations: methods of dispute resolution | |
Regulations: transitional | |
PART XII | |
Review of Act | |
Review re disclosure of adoption information | |
Review re: aboriginal issues | |
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.
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.
Definitions
“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”)
“extended family” means persons to whom a child is related by blood, through a spousal relationship or through 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”)
“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”)
“relative” means, with respect to a child, a person who is the child’s grandparent, great-uncle, great-aunt, uncle or aunt, whether by blood, through a spousal relationship or through adoption; (“parent”)
“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”)
“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 (1, 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).
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).
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).
Consents and Participation in Agreements
Consents and agreements
“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).
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.
Provision of services directly or by purchase
(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 Society
“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 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).
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
(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
20.1A 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).
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).
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. R.S.O. 1990, c. C.11, s. 27 (1).
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. R.S.O. 1990, c. C.11, s. 27 (2).
Exception
(3) Subsections (1) and (2) do not apply where a service is provided to a child under Part IV (Youth Justice). R.S.O. 1990, c. C.11, s. 27 (3); 2006, c. 19, Sched. D, s. 2 (3).
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; 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). R.S.O. 1990, c. C.11, s. 27 (4).
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