jswizzle3737/ontario_laws_and_regs huggingface dataset:
62 In sections 63 to 66, “advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“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 (Residential Licensing) in which residential care can be provided to 10 or more children at a time, or (b) a building, group of buildings or part of a building, designated by a Director, in which residential care can be provided to 10 or more children at a time; (“foyer”) “residential placement” does not include, (a) a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice), (b) commitment to a secure treatment program under Part VII (Extraordinary Measures), or (c) a placement with a person who is neither a service provider nor a foster parent; (“placement en établissement”) “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”)
63 (1) The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee. Composition (2) Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include, (a) persons engaged in providing services; (b) other persons who have demonstrated an informed concern for the welfare of children; (c) one representative of the Ministry; and (d) if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community. Payments to members, hiring of staff (3) The Minister may pay allowances and reasonable travelling expenses to the members of an advisory committee, and may authorize an advisory committee to hire support staff. Duties of advisory committee (4) An advisory committee has a duty to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential care and alternatives to residential care, to conduct reviews under section 64 and to name persons for the purpose of subsection 75 (11) (contact with child under temporary care agreement), and has such further duties as are prescribed. Reports to Minister (5) An advisory committee shall make a report of its activities to the Minister annually and at any other time requested by the Minister. Review by advisory committee
65 (1) An advisory committee that conducts a review shall advise the following persons of its recommendations as soon as the review has been completed: 1. The service provider. 2. Any representative of the child. 3. The child’s parent or, where the child is in a society’s lawful custody, the society. 4. The child, in language suitable to the child’s understanding. 5. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2, 3 and 4 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Child to be advised of right to review by Board of residential placement (2) An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66. Report to Minister (3) An advisory committee that conducts a review shall, within 30 days of completing the review, make a report of its findings and recommendations to the Minister. Recommendation for less restrictive service (4) Where an advisory committee considers that the provision of a less restrictive service to a child would be more appropriate for the child than the residential placement, the advisory committee shall recommend in its report under subsection (3) that the less restrictive service be provided to the child. Review by Board
66 (1) A child who is in a residential placement to which the child objects may apply to the Board for a determination of where the child should remain or be placed, if the residential placement has been reviewed by an advisory committee under section 64 and, (a) the child is dissatisfied with the advisory committee’s recommendations; or (b) the advisory committee’s recommendations are not followed. Board to conduct review (2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. Notice to child of hearing (3) The Board shall advise the child whether it intends to hold a hearing or not within 10 days of receiving the child’s application. Parties (4) The parties to a hearing under this section are, (a) the child; (b) the child’s parent or, where the child is in a society’s lawful custody, the society; (c) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a) and (b) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and (d) any other persons that the Board specifies. Time for determination (5) The Board shall complete its review and make a determination within 30 days of receiving a child’s application, unless, (a) the Board holds a hearing with respect to the application; and (b) the parties consent to a longer period for the Board’s determination. Board’s order (6) After conducting a review under subsection (2), the Board may, (a) order that the child be transferred to another residential placement, if the Board is satisfied that the other residential placement is available; (b) order that the child be discharged from the residential placement; or (c) confirm the existing residential placement. Offences
67 (1) A person or entity is guilty of an offence if the person or entity, (a) contravenes section 56 (reports and information); (b) contravenes section 57 (reports and information to prescribed entities); (c) contravenes section 58 (information available to public); (d) knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations. Penalty (2) A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000. Offence — obstruction of program supervisor (3) A person is guilty of an offence if the person hinders, obstructs or interferes with a program supervisor conducting an inspection under this Part, or otherwise impedes a program supervisor in exercising the powers or performing the duties of a program supervisor under this Part. Penalty (4) A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000. Limitation (5) A proceeding in respect of an offence under subsection (1) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director or program supervisor. Directors, officers and employees (6) If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence. PART IV   first Nations, inuit and métis child and family serviCes
68 (1) The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act. More than one community (2) A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community. Consent of representatives (3) Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.
69 The Minister may, for the provision of services, (a) make agreements with bands and First Nations, Inuit or Métis communities and with any other parties whom the bands or communities choose to involve; and (b) provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.
70 (1) A band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority. Agreements, etc. (2) Where a band or First Nations, Inuit or Métis community has designated a First Nations, Inuit or Métis child and family service authority, the Minister, (a) shall, at the band’s or community’s request, enter into negotiations for the provision of services by the child and family service authority; (b) may enter into agreements with the child and family service authority and, if the band or community agrees, any other person, for the provision of services; and (c) may designate the child and family service authority, with its consent, as a society under subsection 34 (1).
71 If a band or First Nations, Inuit or Métis community declares that a First Nations, Inuk or Métis child is being cared for under customary care, a society or entity may grant a subsidy to the person caring for the child.
72 A society, person or entity that provides services or exercises powers under this Act with respect to First Nations, Inuit or Métis children or young persons shall regularly consult with their bands and First Nations, Inuit or Métis communities about the provision of the services or the exercise of the powers and about matters affecting the children or young persons, including, (a) bringing children to a place of safety and the placement of children in residential care; (b) the provision of family support services; (c) the preparation of plans for the care of children; (d) status reviews under Part V (Child Protection); (e) temporary care agreements under Part V (Child Protection); (f) society agreements with 16 and 17 year olds under Part V (Child Protection); (g) adoption placements; (h) the establishment of emergency houses; and (i) any other matter that is prescribed.
76 (1) A party to a temporary care agreement 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 21 days as the agreement specifies, after the day on which every other party has actually received the notice. Society response to notice of termination (3) Where notice of a wish to terminate a temporary care agreement is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2), (a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made; (b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part  to determine whether the child would be in need of protection in that case; or (c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1). Expiry of agreement (4) Where a temporary care agreement expires or is about to expire and is not extended, the society shall, before the agreement expires or as soon as practicable thereafter, but in any event within 21 days after the agreement expires, (a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made; (b) where the society is of the opinion that the child would be in need of protection if returned to the person referred to in clause (a), bring the child before the court under this Part to determine whether the child would be in need of protection in that case; or (c) where the child is 16 or 17 and the criteria set out in clauses 77 (1) (a), (b), (c) and (d) are met, make a written agreement with the child under subsection 77 (1).
77 (1) The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where, (a) the society has jurisdiction where the child resides; (b) the society has determined that the child is or may be in need of protection; (c) the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and (d) the child wants to enter into the agreement. Term of agreement (2) The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months. Previous or current involvement with society not a bar to agreement (3) A child may enter into an agreement under this section regardless of any previous or current involvement with a society, and without regard to any time during which the child has been in a society’s care pursuant to an agreement made under section 75 (1) or pursuant to an order made under clause 94 (2) (d) or paragraph 2 or 3 of subsection 101 (1). Notice of termination of agreement (4) A party to an agreement made under this section may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement. Agreement expires at 18 (5) No agreement made under this section shall continue beyond the 18th birthday of the person who is its subject. Current agreements and orders must be terminated first (6) Despite subsection (3), an agreement may not come into force under this section until any temporary care agreement under section 75 or order for the care or supervision of a child under this Part is terminated. Representation by Children’s Lawyer (7) The Children’s Lawyer may provide legal representation to the child entering into an agreement under this section if, in the opinion of the Children’s Lawyer, such legal representation is appropriate. Removal to Offer Voluntary Services
77.1 (1) A child protection worker or a peace officer may bring a child who is 16 or 17 to another location for up to 12 hours for the purpose of offering services and supports to the child, including the possibility of entering into an agreement under section 77, if the child protection worker or the peace officer has reasonable and probable grounds to believe that the child is in need of protection within the meaning of clause 74 (2) (d.1) and that, (a) the child has suffered physical harm inflicted by a person involved in subjecting the child to child sex trafficking or received threats of physical harm by such a person; (b) the child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being provided with alcohol or such controlled substances by another person in order to facilitate the sexual exploitation of the child; (c) the child has a disorder of emotional processes, thought or cognition, a developmental disability or a brain injury and the disorder, disability or injury significantly impairs the child’s capacity to make reasoned judgements regarding the circumstances surrounding their sexual exploitation; (d) the child does not have access to housing other than as provided by a person involved in subjecting the child to child sex trafficking; (e) the child’s finances are being controlled by a person involved in subjecting the child to child sex trafficking or such a person is threatening to control their finances; (f) the child’s personal effects or identification documents are under the control of a person involved in subjecting the child to child sex trafficking; (g) the child does not have Canadian citizenship and information about their immigration status is being used by another person in order to coerce the child into being sexually exploited; or (h) the child is otherwise unable to exercise mature and independent judgement regarding the circumstances of their sexual exploitation because the child is being coerced, manipulated or unduly influenced by a person involved in subjecting the child to child sex trafficking. 2021, c. 21, Sched. 3, s. 2. Police assistance (2) A child protection worker acting under this section may call for the assistance of a peace officer. 2021, c. 21, Sched. 3, s. 2. Use of mechanical restraints prohibited (3) A child protection worker or a peace officer shall not use or permit the use of mechanical restraints on a child when acting under this section. 2021, c. 21, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 3, s. 2 - 01/10/2021 Legal Representation
78 (1) A child may have legal representation at any stage in a proceeding under this Part. Court to consider issue (2) Where a child does not have legal representation in a proceeding under this Part, the court, (a) shall, as soon as practicable after the commencement of the proceeding; and (b) may, at any later stage in the proceeding, determine whether legal representation is desirable to protect the child’s interests. Direction for legal representation (3) Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child. Criteria (4) Where, (a) the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be placed in interim or extended society care under paragraph 2 or 3 of subsection 101 (1); (b) the child is in the society’s care and, (i) no parent appears before the court, or (ii) it is alleged that the child is in need of protection within the meaning of clause 74 (2) (a), (c), (f), (g) or (j); or (c) the child is not permitted to be present at the hearing, legal representation is deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes, given due weight in accordance with the child’s age and maturity, that the child’s interests are otherwise adequately protected. Where parent a minor (5) Where a child’s parent is younger than 18, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise. Parties and Notice
79 (1) The following are parties to a proceeding under this Part: 1. The applicant. 2. The society having jurisdiction in the matter. 3. The child’s parent. 4. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2 and 3 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Director to be added (2) At any stage in a proceeding under this Part, the court shall add a Director as a party on the Director’s motion. Right to participate (3) Any person, including a foster parent, who has cared for the child continuously during the six months immediately before the hearing, (a) is entitled to the same notice of the proceeding as a party; (b) may be present at the hearing; (c) may be represented by a lawyer; and (d) may make submissions to the court, but shall take no further part in the hearing without leave of the court. Child 12 or older (4) A child 12 or older who is the subject of a proceeding under this Part is entitled to receive notice of the proceeding and to be present at the hearing, unless the court is satisfied that being present at the hearing would cause the child emotional harm and orders that the child not receive notice of the proceeding and not be permitted to be present at the hearing. Child younger than 12 (5) A child younger than 12 who is the subject of a proceeding under this Part is not entitled to receive notice of the proceeding or to be present at the hearing unless the court is satisfied that the child, (a) is capable of understanding the hearing; and (b) will not suffer emotional harm by being present at the hearing, and orders that the child receive notice of the proceeding and be permitted to be present at the hearing. Child’s participation (6) A child who is the applicant under subsection 113 (4) or 115 (4) (status review), receives notice of a proceeding under this Part or has legal representation in a proceeding is entitled to participate in the proceeding and to appeal under section 121 as if the child were a party. Dispensing with notice (7) Where the court is satisfied that the time required for notice to a person might endanger the child’s health or safety, the court may dispense with notice to that person. Customary Care
80 A society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child, (a) is in need of protection; (b) cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order; and (c) is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community. Commencing Child Protection Proceedings Warrants, orders, etc.
82 (1) A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents. Temporary or final supervision order (2) In this section, “temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a). Special Cases of Bringing Children to a Place of Safety Bringing children who are removed from or leave care to place of safety
83 (1) A justice of the peace may issue a warrant authorizing a peace officer or a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or a child protection worker’s sworn information that, (a) the child is actually or apparently younger than 16, and, (i) has left or been removed from a society’s lawful care and custody without its consent, or (ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and (b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. 2017, c. 14, Sched. 1, s. 83 (1); 2019, c. 15, Sched. 5, s. 1. When warrant may not be refused (2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). 2017, c. 14, Sched. 1, s. 83 (2). No need to specify premises (3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. 2017, c. 14, Sched. 1, s. 83 (3). Without warrant (4) A peace officer or child protection worker may without a warrant bring the child to a place of safety if the peace officer or child protection worker believes on reasonable and probable grounds that, (a) the child is actually or apparently younger than 16, and, (i) has left or been removed from a society’s lawful care and custody without its consent, or (ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and (b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1). 2017, c. 14, Sched. 1, s. 83 (4). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 5, s. 1 - 10/12/2019
84 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so, (a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or (b) where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person. Notice to parent, etc. (2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person. Where child not returned to parent, etc., within 12 hours (3) Where a child brought to a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (7) and not under subsection (1). Children who withdraw from parent’s care
85 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that, (a) the child is younger than 16; (b) the child has withdrawn from the person’s care and control without the person’s consent; and (c) the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety. Child to be returned or brought to a place of safety (2) A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety. Notice to person with care, custody or control (3) The person in charge of a place of safety to which a child is brought under subsection (2) shall make reasonable efforts to notify the person with care and control of the child that the child is in the place of safety so that the child may be returned to that person. Where child not returned within 12 hours (4) Where a child brought to a place of safety under subsection (2) cannot be returned to the person with care and control of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (2) and not under subsection (1). Where Children's Law Reform Act
proceedings more appropriate (5) A justice of the peace shall not issue a warrant under subsection (1) in respect of a child who has withdrawn from the care and control of a person where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate. No need to specify premises (6) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. Child protection proceedings (7) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child brought to a place of safety under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the person with care and control of the child, (a) the peace officer or child protection worker may bring the child to a place of safety under subsection 81 (7); or (b) where the child has been brought to a place of safety under subsection (4), the child is deemed to have been brought there under subsection 81 (7).
86 (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 83 (1) or 85 (1) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child Right of entry, etc. (2) A person authorized under subsection 83 (4) or 84 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. Regulations re power of entry (3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations. Police assistance (4) A child protection worker acting under section 83 or 85 may call for the assistance of a peace officer. Consent to examine child (5) Where subsection 84 (3) or 85 (4) applies to a child brought to a place of safety, a child protection worker may authorize the child’s medical examination where a parent’s consent would be otherwise required. Protection from personal liability (6) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 83, 84 or 85 or for an alleged neglect or default in the execution in good faith of that duty. Hearings and Orders Rules re hearings
87 (1) In this section, “media” means the press, radio and television media. Application (2) This section applies to hearings held under this Part, except hearings under section 134 (child abuse register). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 87 (2) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 5) Application (2) This section applies to hearings held under this Part. 2017, c. 14, Sched. 3, s. 5. Hearings separate from criminal proceedings (3) A hearing shall be held separately from hearings in criminal proceedings. Hearings private unless court orders otherwise (4) A hearing shall be held in the absence of the public, subject to subsection (5), unless the court orders that the hearing be held in public after considering, (a) the wishes and interests of the parties; and (b) whether the presence of the public would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding. Media representatives may attend (5) Media representatives chosen in accordance with subsection (6) may be present at a hearing that is held in the absence of the public, unless the court makes an order excluding them under subsection (7). Selection of media representatives (6) The media representatives who may be present at a hearing that is held in the absence of the public shall be chosen as follows: 1. The media representatives in attendance shall choose not more than two persons from among themselves. 2. Where the media representatives in attendance are unable to agree on a choice of persons, the court may choose not more than two media representatives who may be present at the hearing. 3. The court may permit additional media representatives to be present at the hearing. Order excluding media representatives or prohibiting publication (7) Where the court is of the opinion that the presence of the media representative or representatives or the publication of the report, as the case may be, would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding, the court may make an order, (a) excluding a particular media representative from all or part of a hearing; (b) excluding all media representatives from all or a part of a hearing; or (c) prohibiting the publication of a report of the hearing or a specified part of the hearing. Prohibition re identifying child (8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family. Prohibition re identifying person charged (9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part. Transcript (10) No person except a party or a party’s lawyer shall be given a copy of a transcript of the hearing, unless the court orders otherwise. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 5 - not in force
88 As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 81, subclause 83 (1) (a) (ii) or subsection 136 (5), (a) the matter shall be brought before a court for a hearing under subsection 90 (1) (child protection hearing); (b) the child shall be returned to the person who last had charge of the child or, where there is an order for the child’s custody that is enforceable in Ontario, to the person entitled to custody under the order; (c) if the child is the subject of an extra-provincial child protection order, the child shall be returned to the child welfare authority or other person named in the order; (d) a temporary care agreement shall be made under subsection 75 (1); or (e) an agreement shall be made under section 77 (agreements with 16 and 17 year olds).
89 As soon as practicable, but in any event within five days after a child who is 16 or 17 is brought to a place of safety with the child’s consent under section 82, (a) the matter shall be brought before a court for a hearing under subsection 90 (1); or (b) the child shall be returned to the person entitled to custody of the child under an order made under this Part.
90 (1) Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 101. Child’s name, age, etc. (2) As soon as practicable, and in any event before determining whether a child is in need of protection, the court shall determine, (a) the child’s name and age; (b) whether the child is a First Nations, Inuk or Métis child and, if so, the child’s bands and First Nations, Inuit or Métis communities; and (c) where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed.
91 (1) In this section, “territorial jurisdiction” means a society’s territorial jurisdiction under subsection 34 (1). Place of hearing (2) A hearing under this Part with respect to a child shall be held in the territorial jurisdiction in which the child ordinarily resides, except that, (a) where the child is brought to a place of safety before the hearing, the hearing shall be held in the territorial jurisdiction in which the place from which the child was removed is located; (b) where the child is in interim society care under an order made under paragraph 2 or 4 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the hearing shall be held in the society’s territorial jurisdiction; and (c) where the child is the subject of an order for society supervision under paragraph 1 of subsection 101 (1) or clause 116 (1) (a), the hearing may be held in the society’s territorial jurisdiction or in the territorial jurisdiction in which the parent or other person with whom the child is placed resides. Transfer of proceeding (3) Where the court is satisfied at any stage of a proceeding under this Part that there is a preponderance of convenience in favour of conducting it in another territorial jurisdiction, the court may order that the proceeding be transferred to that other territorial jurisdiction and be continued as if it had been commenced there. Orders affecting society (4) The court shall not make an order placing a child in the care or under the supervision of a society unless the place where the court sits is within the society’s territorial jurisdiction.
92 The court may, on its own initiative, summon a person to attend before it, testify and produce any document or thing, and may enforce obedience to the summons as if it had been made in a proceeding under the Family Law Act. Evidence
93 (1) Despite anything in the Evidence Act, in any proceeding under this Part, (a) the court may consider the past conduct of a person toward any child if that person is caring for or has access to or may care for or have access to a child who is the subject of the proceeding; and (b) any oral or written statement or report that the court considers relevant to the proceeding, including a transcript, exhibit or finding or the reasons for a decision in an earlier civil or criminal proceeding, is admissible into evidence. Evidence re disposition and finding (2) In a hearing under subsection 90 (1), evidence relating only to the disposition of the matter shall not be considered in determining if the child is in need of protection.
95 At any time during a proceeding under this Part, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceeding to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding.
96 Where an application is made under subsection 81 (1) or a matter is brought before the court to determine whether a child is in need of protection and the determination has not been made within three months after the commencement of the proceeding, the court, (a) shall by order fix a date for the hearing of the application, and the date may be the earliest date that is compatible with the just disposition of the application; and (b) may give such directions and make such orders with respect to the proceeding as are just.
97 (1) Where the court makes an order under this Part, the court shall give, (a) a statement of any terms or conditions imposed on the order; (b) a statement of every plan for the child’s care proposed to the court; (c) a statement of the plan for the child’s care that the court is applying in its decision; and (d) reasons for its decision, including, (i) a brief statement of the evidence on which the court bases its decision, and (ii) where the order has the effect of removing or keeping the child from the care of the person who had charge of the child immediately before intervention under this Part, a statement of the reasons why the child cannot be adequately protected while in the person’s care. No requirement to identify person or place (2) Clause (1) (b) does not require the court to identify a person with whom or a place where it is proposed that a child be placed for care and supervision. Assessments
99 Where a child is brought before the court on consent as described in clause 74 (2) (n), the court shall, before making an order under section 101 or 102 that would remove the child from the parent’s care and custody, (a) ask whether, (i) the society has offered the parent and child services that would enable the child to remain with the parent, and (ii) the parent and, where the child is 12 or older, the child, has consulted independent legal counsel in connection with the consent; and (b) be satisfied that, (i) the parent and, where the child is 12 or older, the child, understands the nature and consequences of the consent, (ii) every consent is voluntary, and (iii) the parent and, where the child is 12 or older, the child, consents to the order being sought.
100 The court shall, before making an order under section 101, 102, 114 or 116, obtain and consider a plan for the child’s care prepared in writing by the society and including, (a) a description of the services to be provided to remedy the condition or situation on the basis of which the child was found to be in need of protection; (b) a statement of the criteria by which the society will determine when its care or supervision is no longer required; (c) an estimate of the time required to achieve the purpose of the society’s intervention; (d) where the society proposes to remove or has removed the child from a person’s care, (i) an explanation of why the child cannot be adequately protected while in the person’s care, and a description of any past efforts to do so, and (ii) a statement of what efforts, if any, are planned to maintain the child’s contact with the person; (e) where the society proposes to remove or has removed the child from a person’s care permanently, a description of the arrangements made or being made for the child’s long-term stable placement; and (f) a description of the arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.
102 (1) Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 101 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons. 2017, c. 14, Sched. 1, s. 102 (1). Deemed to be order under s. 28 Children’s Law Reform Act (2) An order made under subsection (1) and any access order under section 104 that is made at the same time as the order under subsection (1) is deemed to be a parenting order or contact order, as the case may be, made under section 28 of the
Children’s Law Reform Act and the court, (a) may make any order under subsection (1) that the court may make under section 28 of that Act; and (b) may give any directions that it may give under section 34 of that Act. 2017, c. 14, Sched. 1, s. 102 (2); 2020, c. 25, Sched. 1, s. 26 (2). Restraining order (3) When making an order under subsection (1), the court may, without a separate application, make a restraining order in accordance with section 35 of the
Children’s Law Reform Act. 2017, c. 14, Sched. 1, s. 102 (3). Deemed to be final order under s. 35 Children’s Law Reform Act (4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section. 2017, c. 14, Sched. 1, s. 102 (4). Appeal under s. 121 (5) Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 104 that is made at the same time as an order under subsection (1) are orders under this Part for the purposes of appealing from the orders under section 121. 2017, c. 14, Sched. 1, s. 102 (5). Conflict of laws (6) No order shall be made under this section if, (a) an order granting decision-making responsibility with respect to the child has been made under the Divorce Act (Canada); or (b) in the case of an order that would be made by the Ontario Court of Justice, the order would conflict with an order made by a superior court. 2017, c. 14, Sched. 1, s. 102 (6); 2020, c. 25, Sched. 1, s. 26 (3). Application of s. 101 (3) (7) Subsection 101 (3) applies for the purposes of this section. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 26 (2, 3) - 01/03/2021
103 If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding under the Children’s Law Reform Act
respecting decision-making responsibility, parenting time or contact with respect to the same child is stayed, except by leave of the court in the proceeding under that Act. 2020, c. 25, Sched. 1, s. 26 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 26 (4) - 01/03/2021 Access
104 (1) The court may, in the child’s best interests, (a) when making an order under this Part; or (b) upon an application under subsection (2), make, vary or terminate an order respecting a person’s access to the child or the child’s access to a person, and may impose such terms and conditions on the order as the court considers appropriate. Who may apply (2) Where a child is in a society’s care and custody or supervision, the following may apply to the court at any time for an order under subsection (1): 1. The child. 2. Any other person, including a sibling of the child and, in the case of a First Nations, Inuk or Métis child, a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. 3. The society. Notice (3) An applicant referred to in paragraph 2 of subsection (2) shall give notice of the application to the society. Society to give notice of application (4) A society making or receiving an application under subsection (2) shall give notice of the application to, (a) the child, subject to subsections 79 (4) and (5) (notice to child); (b) the child’s parent; (c) the person caring for the child at the time of the application; and (d) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) and (c) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Child older than 16 (5) No order respecting access to a person 16 or older shall be made under subsection (1) without the person’s consent. Six-month period (6) No application shall be made under subsection (2) by a person other than a society within six months of, (a) the making of an order under section 101; (b) the disposition of a previous application by the same person under subsection (2); (c) the disposition of an application under section 113 or 115; or (d) the final disposition or abandonment of an appeal from an order referred to in clause (a), (b) or (c), whichever is later. No application where child placed for adoption (7) No person or society shall make an application under subsection (2) where the child, (a) is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c); (b) has been placed in a person’s home by the society or by a Director for the purpose of adoption under Part VIII (Adoption and Adoption Licensing); and (c) still resides in that person’s home.
106 No order for access under section 104 is subject to review under this Act if it is made at the same time as a custody order under section 102, but it may be the subject of an application under section 21 of the Children’s Law Reform Act and the provisions of that Act apply as if the order had been made under that Act.
107 If a society has applied to a court for an order under this Act respecting access to a child by a parent of the child and the court makes the order, the court shall specify in the order the supervision to which the access is subject if, at the time of making the order, the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child, unless the court considers it appropriate not to make the access subject to such supervision. Payment Orders