jswizzle3737/ontario_laws_and_regs huggingface dataset:
149 (1) Where a young person is ordered to be detained in custody under subsection 150 (4) (order for detention) or 151 (2) (further orders) of the Provincial Offences Act, the young person shall be detained in a place of temporary detention. Open custody for provincial offences (2) Where a young person is sentenced to a term of imprisonment under the Provincial Offences Act, (a) the term of imprisonment shall be served in a place of open custody, subject to subsections (3) and (4); (b) section 91 (reintegration leave) of the Youth Criminal Justice Act (Canada) applies with necessary modifications; and (c) sections 28 (remission) and 28.1 (determinations of remission) and Part III (Ontario Parole and Earned Release Board) of the Ministry of Correctional Services Act apply with necessary modifications. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 149 (2) (c) of the Act is repealed and the following substituted: (See: 2018, c. 6, Sched. 3, s. 4) (c) sections 102 (remission) and 103 (determinations of remission) and Part X (Ontario Parole Board) of the Correctional Services and Reintegration Act, 2018 apply with necessary modifications. Transfer to place of secure custody (3) Where a young person is placed in open custody under clause (2) (a), the provincial director may transfer the young person to a place of secure custody if, in the opinion of the provincial director, the transfer is necessary for the safety of the young person or the safety of others in the place of open custody. Concurrent terms (4) Where a young person is committed to custody under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act
shall be served in the same place as the sentence under the Youth Criminal Justice Act (Canada). Section Amendments with date in force (d/m/y) 2018, c. 6, Sched. 3, s. 4 - not in force
150 Where a young person is sentenced to a term of imprisonment for breach of probation under clause 75 (d) of the Provincial Offences Act,
to be served in open custody as set out in section 103 of that Act, (a) the young person shall be held in a place of open custody specified by a provincial director; and (b) the provisions of section 91 (reintegration leave) of the Youth Criminal Justice Act (Canada) apply with necessary modifications. Custody Review Board
151 (1) The Custody Review Board is continued under the name Custody Review Board in English and Commission de révision des placements sous garde in French and shall have the powers and duties given to it by this Part and the regulations. Members (2) The Board shall be composed of the prescribed number of members who shall be appointed by the Lieutenant Governor in Council. Chair and vice-chairs (3) The Lieutenant Governor in Council may appoint a member of the Board as chair and may appoint one or more other members as vice-chairs. Quorum (4) The prescribed number of members of the Board are a quorum. Remuneration (5) The chair and vice-chairs and the other members of the Board shall be paid the remuneration determined by the Lieutenant Governor in Council and are entitled to their reasonable and necessary travelling and living expenses while attending meetings or otherwise engaged in the work of the Board. Duties of Board (6) The Board shall conduct reviews under section 152 and perform such other duties as are assigned to it by the regulations.
152 (1) A young person may apply to the Board for a review of, (a) the particular place where the young person is held or to which the young person has been transferred; (b) a provincial director’s refusal to authorize the young person’s reintegration leave under section 91 of the Youth Criminal Justice Act (Canada); or (c) the young person’s transfer from a place of open custody to a place of secure custody under subsection 24.2 (9) of the Young Offenders Act (Canada) in accordance with section 88 of the Youth Criminal Justice Act (Canada). 30 day time limit (2) An application under subsection (1) must be made within 30 days of the decision, placement or transfer, as the case may be. Duty of Board to conduct review (3) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. Advise whether hearing to be held (4) The Board shall advise the young person whether it intends to hold a hearing or not within 10 days of receiving the young person’s application. Procedure (5) The Statutory Powers Procedure Act does not apply to a hearing held under subsection (3). Time period for review (6) The Board shall complete its review and make a determination within 30 days of receiving a young person’s application, unless, (a) the Board holds a hearing with respect to the application; and (b) the young person and the provincial director whose decision is being reviewed consent to a longer period for the Board’s determination. Board’s recommendations (7) After conducting a review under subsection (3), the Board may, (a) recommend to the provincial director, (i) where the Board is of the opinion that the place where the young person is held or to which the young person has been transferred is not appropriate to meet the young person’s needs, that the young person be transferred to another place, (ii) that the young person’s reintegration leave be authorized under section 91 of the Youth Criminal Justice Act (Canada), or (iii) where the young person has been transferred as described in clause (1) (c), that the young person be returned to a place of open custody; or (b) confirm the decision, placement or transfer. Apprehension of Young Persons who are Absent from Custody without Permission Apprehension
153 (1) A peace officer, the person in charge of a place of temporary detention or that person’s delegate, who believes on reasonable and probable grounds that a young person detained under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act in a place of temporary detention has left the place without the consent of the person in charge and fails or refuses to return there may apprehend the young person with or without a warrant and take the young person or arrange for the young person to be taken to a place of temporary detention. Apprehension of young person absent from place of open custody (2) A peace officer, the person in charge of a place of open custody or that person’s delegate, who believes on reasonable and probable grounds that a young person held in a place of open custody as described in section 150, (a) has left the place without the consent of the person in charge and fails or refuses to return there; or (b) fails or refuses to return to the place of open custody upon completion of a period of reintegration leave under clause 150 (b), may apprehend the young person with or without a warrant and take the young person or arrange for the young person to be taken to a place of open custody or a place of temporary detention. Young person to be returned within 48 hours (3) A young person who is apprehended under this section shall be returned to the place from which the young person is absent within 48 hours after being apprehended unless the provincial director detains the young person in secure temporary detention under paragraph 2 of subsection 148 (2). Warrant to apprehend young person (4) A justice of the peace who is satisfied on the basis of a sworn information that there are reasonable and probable grounds to believe that a young person held in a place of temporary detention or open custody, (a) has left the place without the consent of the person in charge and fails or refuses to return there; or (b) fails or refuses to return to a place of open custody upon completion of a period of reintegration leave under clause 150 (b), may issue a warrant authorizing a peace officer, the person in charge of the place of temporary detention or open custody or that person’s delegate to apprehend the young person. Authority to enter, etc. (5) Where a person authorized to apprehend a young person under subsection (1) or (2) believes on reasonable and probable grounds that a young person referred to in the relevant subsection is on any premises, the person may with or without a warrant enter the premises, by force, if necessary, and search for and remove the young person. Regulations regarding exercise of power of entry (6) A person authorized to enter premises under subsection (5) shall exercise the power of entry in accordance with the regulations. Inspections and Investigations
154 (1) The Minister may designate any person to conduct such inspections or investigations as the Minister may require in connection with the administration of this Part. Dismissal for cause for obstruction of inspection (2) Any person employed in the Ministry who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required for purposes of an inspection or investigation may be dismissed for cause from employment. Searches
155 (1) The person in charge of a place of open custody, of secure custody or of temporary detention may authorize a search, to be carried out in accordance with the regulations, of the following: 1. The place of open custody, of secure custody or of temporary detention. 2. The person of any young person or any other person on the premises of the place of open custody, of secure custody or of temporary detention. 3. The property of any young person or any other person on the premises of the place of open custody, of secure custody or of temporary detention. 4. Any vehicle entering or on the premises of the place of open custody, of secure custody or of temporary detention. Contraband (2) Any contraband found during a search may be seized and disposed of in accordance with the regulations. Meaning of contraband (3) For the purposes of subsection (2), “contraband” means, (a) anything that a young person is not authorized to have, (b) anything that a young person is authorized to have but in a place where they are not authorized to have it, and (c) anything that a young person is authorized to have but that is being used for a purpose for which they are not authorized to use it. Mechanical Restraints Mechanical restraints
156 (1) The person in charge of a place of secure custody or of secure temporary detention shall ensure that no young person who is detained in the place of secure custody or of secure temporary detention is, (a) restrained by the use of mechanical restraints, other than in accordance with this section and the regulations; (b) restrained by the use of mechanical restraints as a means of punishment. Conditions for use (2) The person in charge of a place of secure custody or of secure temporary detention may authorize the use of mechanical restraints on a young person who is detained in the place of secure custody or of secure temporary detention only if all of the following are satisfied: 1. There is an imminent risk, if mechanical restraints were not used, that: i. the young person or another person would suffer physical injury, ii the young person would escape the place of secure custody or of secure temporary detention, or iii. the young person would cause significant property damage. 2. Alternatives to the use of mechanical restraints would not be, or have not been, effective to reduce or eliminate the risk referred to in paragraph 1. 3. The use of the mechanical restraints is reasonably necessary to reduce or eliminate the risk referred to in paragraph 1. Exception for transportation (3) Despite subsection (2), mechanical restraints may be used on a young person who is detained in a place of secure custody or of secure temporary detention where it is reasonably necessary for the transportation of the young person to another place of custody or detention, or to or from court or the community. PART VII   Extraordinary measures
157 In this Part, “administrator” means the person in charge of a secure treatment program; (“administrateur”) “intrusive procedure” means, (a) the use of mechanical restraints, (b) an aversive stimulation technique, or (c) any other procedure that is prescribed as an intrusive procedure; (“technique d’ingérence”) “mental disorder” means a substantial disorder of emotional processes, thought or cognition which grossly impairs a person’s capacity to make reasoned judgments; (“trouble mental”) “psychotropic drug” means a drug or combination of drugs prescribed as a psychotropic drug; (“psychotrope”) “secure de-escalation room” means a locked room approved under subsection 173 (1) for use for the de-escalation of situations and behaviour involving children or young persons; (“pièce de désescalade sous clé”) “secure treatment program” means a program established or approved by the Minister under subsection 158 (1). (“programme de traitement en milieu fermé”) Secure Treatment Programs Secure treatment programs
158 (1) The Minister may, (a) establish, operate and maintain; or (b) approve, programs for the treatment of children with mental disorders, in which continuous restrictions are imposed on the liberty of the children. Terms and conditions (2) The Minister may impose terms and conditions on an approval given under subsection (1) and may vary or amend the terms and conditions or impose new terms and conditions at any time. Admission of children (3) No child shall be admitted to a secure treatment program except by a court order under section 164 (commitment to secure treatment program) or under section 171 (emergency admission).
159 The premises of a secure treatment program may be locked for the detention of children.
160 (1) Subject to subsection (3), an administrator may use and permit the use of mechanical restraints on a child as a means of controlling the child’s behaviour. Consent not required (2) An administrator is not required to obtain the consent of or on behalf of the child before using mechanical restraints under this section. Limitations (3) An administrator shall ensure that mechanical restraints are not used on a child in a secure treatment program except, (a) in accordance with this Part, the policies established under subsection (4) and the regulations; and (b) in an emergency situation under the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or others. Policy (4) A service provider that is approved to provide a secure treatment program shall, (a) establish a policy on the use of mechanical restraints that complies with this Act and the regulations; and (b) ensure that the administrator and the employees of the program comply with the policy. Commitment to Secure Treatment
161 (1) Any one of the following persons may, with the administrator’s written consent, apply to the court for an order for the child’s commitment to a secure treatment program: 1. Where the child is younger than 16, i. the child’s parent, ii. a person other than an administrator who is caring for the child, if the child’s parent consents to the application, or iii. a society that has custody of the child under an order made under Part V (Child Protection). 2. Where the child is 16 or older, i. the child, ii. the child’s parent, if the child consents to the application, iii. a society that has custody of the child under an order made under Part V (Child Protection), if the child consents to the application, or iv. a physician. Time for hearing (2) Where an application is made under subsection (1), the court shall deal with the matter within 10 days of the making of an order under subsection (6) (legal representation) or, where no such order is made, within 10 days of the making of the application. Adjournments (3) The court may adjourn the hearing of an application but shall not adjourn it for more than 30 days unless the applicant and the child consent to the longer adjournment. Interim order (4) Where a hearing is adjourned, the court may make a temporary order for the child’s commitment to a secure treatment program if the court is satisfied that the child meets the criteria for commitment set out in clauses 164 (1) (a) to (f) and, where the child is younger than 12, the Minister consents to the child’s admission. Evidence on adjournments (5) For the purpose of subsection (4), the court may admit and act on evidence that the court considers credible and trustworthy in the circumstances. Legal representation of child (6) Where an application is made under subsection (1) in respect of a child who does not have legal representation, the court shall, as soon as practicable and in any event before the hearing of the application, direct that legal representation be provided for the child. Hearing private (7) A hearing under this section shall be held in the absence of the public and no media representative shall be permitted to attend. Child entitled to be present (8) The child who is the subject of an application under subsection (1) is entitled to be present at the hearing unless, (a) the court is satisfied that being present at the hearing would cause the child emotional harm; or (b) the child, after obtaining legal advice, consents in writing to the holding of the hearing without the child’s presence. Court may require child’s presence (9) The court may require a child who has consented to the holding of the hearing without the child being present under clause (8) (b) to be present at all or part of the hearing.
162 (1) Where an application is made under subsection 161 (1), the court shall deal with the matter by holding a hearing and shall hear oral evidence unless the child, after obtaining legal advice, consents in writing to the making of an order under subsection 164 (1) without the hearing of oral evidence, and the consent is filed with the court. Court may hear oral evidence despite consent (2) The court may hear oral evidence although the child has given a consent under subsection (1). Time limitation (3) A child’s consent under subsection (1) is not effective for more than the period referred to in subsection 165 (1) (period of commitment).
163 (1) The court may, at any time after an application is made under subsection 161 (1), order that the child attend within a specified time for an assessment before a specified person who is qualified, in the court’s opinion, to perform an assessment to assist the court to determine whether the child should be committed to a secure treatment program and has consented to perform the assessment. Report (2) The person performing an assessment under subsection (1) shall make a written report of the assessment to the court within the time specified in the order, which shall not be more than 30 days unless the court is of the opinion that a longer assessment period is necessary. Who may not perform assessment (3) The court shall not order an assessment to be performed by a person who provides services in the secure treatment program to which the application relates. Copies of report (4) The court shall provide a copy of the report to, (a) the applicant; (b) the child, subject to subsection (6); (c) the child’s lawyer; (d) a parent appearing at the hearing; (e) a society that has custody of the child under an order made under Part V (Child Protection); (f) the administrator; and (g) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b), (c), (d), (e) and (f) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Same (5) The court may cause a copy of the report to be given to a parent who does not attend the hearing but is, in the court’s opinion, actively interested in the proceedings. Court may withhold report from child (6) The court may withhold all or part of the report from the child where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm.
164 (1) The court may order that a child be committed to a secure treatment program only where the court is satisfied that, (a) the child has a mental disorder; (b) the child has, as a result of the mental disorder, within the 45 days immediately preceding, (i) the application under subsection 161 (1), (ii) the child’s detention or custody under the
Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or (iii) the child’s admission to a psychiatric facility under the Mental Health Act as an involuntary patient, caused or attempted to cause serious bodily harm to themself or another person; (c) the child has, (i) within the 12 months immediately preceding the application, but on another occasion than that referred to in clause (b), caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to themself or another person, or (ii) in committing the act or attempt referred to in clause (b), caused or attempted to cause a person’s death; (d) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person; (e) treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and (f) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances. Where child younger than 12 (2) Where the child is younger than 12, the court shall not make an order under subsection (1) unless the Minister consents to the child’s commitment. Additional requirement where applicant is physician (3) Where the applicant is a physician, the court shall not make an order under subsection (1) unless the court is satisfied that the applicant believes the criteria set out in that subsection are met.
165 (1) The court shall specify in an order under subsection 164 (1) the period not exceeding 180 days for which the child shall be committed to the secure treatment program. Where society is applicant (2) Where a child is committed to a secure treatment program on a society’s application and the period specified in the court’s order is greater than 60 days, the child shall be released on a day 60 days after the child’s admission to the secure treatment program unless before that day, (a) the child’s parent consents to the child’s commitment for a longer period; or (b) the child is made the subject of an order for interim society care under paragraph 2 of subsection 101 (1) or for extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), but in no case shall the child be committed to the secure treatment program for longer than the period specified under subsection (1). How time calculated (3) In the calculation of a child’s period of commitment, time spent in the secure treatment program before an order has been made under section 164 (commitment) or pending an application under section 167 (extension) shall be counted. Where order expires after 18th birthday (4) A person who is the subject of an order made under subsection 164 (1) or 167 (5) may be kept in the secure treatment program after turning 18, until the order expires.
166 (1) Where the court makes an order under subsection 164 (1) or 167 (5), the court shall give, (a) reasons for its decision; (b) a statement of the plan, if any, for the child’s care on release from the secure treatment program; and (c) a statement of the less restrictive alternatives considered by the court, and the reasons for rejecting them. Plan for care on release (2) Where no plan for the child’s care on release from the secure treatment program is available at the time of the order, the administrator shall, within 90 days of the date of the order, prepare such a plan and file it with the court. Extension of Period of Commitment
167 (1) Where a child is the subject of an order made under subsection 164 (1) (commitment) or subsection (5), (a) a person referred to in subsection 161 (1), with the administrator’s written consent; or (b) the administrator, with a parent’s written consent or, where the child is in a society’s lawful custody, the society’s consent, may, before the expiry of the period of commitment, apply for an order extending the child’s commitment to the secure treatment program. Same (2) Where a person is kept in the secure treatment program under subsection 165 (4) after turning 18, (a) the person, with the written consent of the administrator; (b) the person’s parent, with the written consent of the person and the administrator; (c) a physician, with the written consent of the administrator and the person; or (d) the administrator, with the written consent of the person, may, before the expiry of the period of commitment, apply for one further order extending the person’s commitment to the secure treatment program. Person may be kept in program while application pending (3) Where an application is made under subsection (1) or (2), the person may be kept in the secure treatment program until the application is disposed of. ss. 161 (3), (6-9), 162, 163 apply (4) Subsections 161 (3), (6), (7), (8) and (9) (hearing) and sections 162 (waive oral evidence) and 163 (assessment) apply with necessary modifications to an application made under subsection (1) or (2). Criteria for extension (5) The court may make an order extending a child’s commitment to a secure treatment program only where the court is satisfied that, (a) the child has a mental disorder; (b) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person; (c) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances; (d) the child is receiving the treatment proposed at the time of the original order under subsection 164 (1), or other appropriate treatment; and (e) there is an appropriate plan for the child’s care on release from the secure treatment program. Period of extension (6) The court shall specify in an order under subsection (5) the period not exceeding 180 days for which the child shall be committed to the secure treatment program. Release by Administrator Release
168 (1) The administrator may release a child from a secure treatment program unconditionally where the administrator, (a) has given the person with lawful custody of the child reasonable notice of the intention to release the child; and (b) is satisfied that, (i) the child no longer requires the secure treatment program, and (ii) there is an appropriate plan for the child’s care on release from the secure treatment program. Conditional release (2) The administrator may release a child from a secure treatment program temporarily for medical or compassionate reasons, or for a trial placement in an open setting, for such period and on such terms and conditions as the administrator determines. Administrator may release despite court order (3) Subsections (1) and (2) apply despite an order made under subsection 164 (1) (commitment) or 167 (5) (extension). Review of Commitment
169 (1) Any one of the following persons may apply to the court for an order terminating an order made under subsection 164 (1) (commitment) or 167 (5) (extension): 1. The child, where the child is 12 or older. 2. The child’s parent. 3. The society having care, custody or supervision of the child. ss. 161 (3), (6-9), 162, 163 apply (2) Subsections 161 (3), (6), (7), (8) and (9) (hearing) and sections 162 (waive oral evidence) and 163 (assessment) apply with necessary modifications to an application made under subsection (1). Termination of order (3) The court shall make an order terminating a child’s commitment unless the court is satisfied that, (a) the child has a mental disorder; (b) the secure treatment program would continue to be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person; (c) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances; and (d) the child is receiving the treatment proposed at the time of the most recent order under subsection 164 (1) or 167 (5), or other appropriate treatment. Same (4) In making an order under subsection (3), the court shall consider whether there is an appropriate plan for the child’s care on release from the secure treatment program.
170 Subsections 167 (3), (4), (5) and (6) and sections 168 and 169 apply with necessary modifications to a person who is 18 or older and committed to a secure treatment program as if the person were a child. Emergency Admission
172 (1) A peace officer may take a child to a place where there is a secure treatment program, (a) for emergency admission, at the request of an applicant referred to in subsection 171 (1); or (b) where an order for the child’s commitment to the secure treatment program has been made under section 164. Apprehension of child who leaves (2) Where a child who has been admitted to a secure treatment program leaves the facility in which the secure treatment program is located without the consent of the administrator, a peace officer may apprehend the child with or without a warrant and return the child to the facility. Period of commitment (3) Where a child is returned to a facility under subsection (2), the time that the child was absent from the facility shall not be taken into account in calculating the period of commitment. Secure De-escalation
173 (1) A Director may approve a locked room that complies with the prescribed standards and is located in premises where a service is provided, for use for the de-escalation of situations and behaviour involving children or young persons, on such terms and conditions as the Director determines. Withdrawal of approval (2) Where a Director is of the opinion that a secure de-escalation room is unnecessary or is being used in a manner that contravenes this Part or the regulations, the Director may withdraw the approval given under subsection (1) and shall give the affected service provider notice of the decision, with reasons.
175 A person in charge of premises containing a secure de-escalation room shall review, (a) the need for the secure de-escalation room; and (b) the prescribed matters, every three months or, in the case of secure custody or secure temporary detention, every six months from the date on which the secure de-escalation room is approved under subsection 173 (1), shall make a written report of each review to a Director and shall make such additional reports as are prescribed. Psychotropic Drugs
176 A service provider shall not administer or permit the administration of a psychotropic drug to a child or young person
in the service provider’s care without a consent in accordance with the Health Care Consent Act, 1996. Professional Advisory Board
177 (1) The Minister may establish a Professional Advisory Board, composed of physicians and other professionals who, (a) have special knowledge in the use of intrusive procedures and psychotropic drugs; (b) have demonstrated an informed concern for the welfare and interests of children; and (c) are not employed in the Ministry. Chair (2) The Minister shall appoint one of the members of the Professional Advisory Board as its chair. Duties of Board (3) The Professional Advisory Board shall, at the Minister’s request, (a) advise the Minister on prescribing procedures as intrusive procedures; (b) investigate and review the use of intrusive procedures and psychotropic drugs and make recommendations to the Minister; and (c) review the practices and procedures of service providers with respect to, (i) secure de-escalation, (ii) intrusive procedures, and (iii) psychotropic drugs, and make recommendations to the Minister.
178 Any person may request that the Minister refer the matter of the use of a secure de-escalation room or an intrusive procedure in respect of a child or young person, or the administration of a psychotropic drug to a child or young person, to the Professional Advisory Board for investigation and review. PART VIII   ADOPTION and Adoption licensing Interpretation
181 The court may dispense with a consent required under section 180 for the adoption of a child, except the consent of the child or of a Director, where the court is satisfied that, (a) it is in the child’s best interests to do so; and (b) the person whose consent is required has received notice of the proposed adoption and of the application to dispense with consent, or a reasonable effort to give the notice has been made.
182 (1) The court may permit a person who gave a consent to the adoption of a child under section 180 to withdraw the consent after the 21-day period referred to in subsection 180 (8) where the court is satisfied that it is in the child’s best interests to do so, and where that person had custody of the child immediately before giving the consent, the child shall be returned to that person as soon as the consent is withdrawn. Exception: child placed for adoption (2) Subsection (1) does not apply where the child has been placed with a person for adoption and remains in that person’s care. Placement for Adoption
183 (1) No person except a society or licensee shall, (a) place a child with another person for adoption; or (b) take, send or attempt to take or send a child who is a resident of Ontario out of Ontario to be placed for adoption. Only societies and certain licensees may bring children into Ontario (2) No person except a society or a licensee whose licence contains a term permitting the licensee to act under this subsection shall bring a child who is not a resident of Ontario into Ontario to be placed for adoption. Director’s approval of proposed placement (3) No licensee except a licensee exempted under subsection (6) shall do the following without first obtaining a Director’s approval of the proposed placement under section 188: 1. Place a child who is a resident of Canada with another person for adoption. 2. Take, send or attempt to take or send a child who is a resident of Ontario out of Ontario to be placed for adoption. Placement of child from outside Canada (4) No licensee described in subsection (2) shall bring a child who is not a resident of Canada into Ontario to be placed for adoption without, (a) first obtaining a Director’s approval of the person with whom the child is to be placed as eligible and suitable to adopt under section 189; and (b) after the approval referred to in clause (a) is obtained, obtaining a Director’s approval of the proposed placement under section 190. Director’s approval required (5) No person shall receive a child for adoption, except from a society or from a licensee exempted under subsection (6), without first receiving a Director’s approval of the placement under subsection 188 (3) or 190 (2), as the case may be. Designation of licensee (6) A Director may designate a licensee that is an agency as exempt from the requirements of subsection (3). Placements to be registered (7) A society or licensee who places a child with another person for adoption shall register the placement in the prescribed manner within 30 days after placing the child. Same: Director (8) A Director who becomes aware of any placement for adoption of a child that has not been registered under subsection (7) shall promptly register the placement in the prescribed manner. Exception: family adoptions within Canada, etc. (9) Subsections (1), (2), (3), (5), (7) and (8) do not apply to, (a) the placement for adoption of a child with the child’s relative, the child’s parent or a spouse of the child’s parent, if the child to be placed is a resident of Canada and the placement is within Ontario; or (b) the taking or sending of a child out of Ontario for adoption by the child’s relative, the child’s parent or a spouse of the child’s parent, if the placement is within Canada.
184 A society shall not place a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) for adoption until, (a) the time for commencing an appeal of the order has expired; or (b) any appeal of the order has been finally disposed of or abandoned.
185 (1) Nothing in this Act prohibits a society from planning for the adoption of a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) and in respect of whom there is an access order in effect under Part V (Child Protection). Openness (2) Where a society begins planning for the adoption of a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the society shall consider the benefits of an openness order or openness agreement in respect of the child.
186 (1) If a society intends to begin planning for the adoption of a First Nations, Inuk or Métis child, the society shall give written notice of its intention to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Care plan proposed by band or community (2) If a representative chosen by each of the child’s bands or First Nations, Inuit or Métis communities receives notice under subsection (1), each band and community may, within 60 days of the representative receiving the notice, (a) prepare its own plan for the care of the child; and (b) submit its plan to the society. Condition for placement (3) A society shall not place a First Nations, Inuk or Métis child with another person for adoption until, (a) at least 60 days after notice is given to a representative chosen by each of the bands and First Nations, Inuit or Métis communities have elapsed; or (b) if a band or First Nations, Inuit or Métis community has submitted a plan for the care of the child, the society has considered the plan.
187 (1) Where a society begins planning for the adoption of a First Nations, Inuk or Métis child, the society shall consider the importance of developing or maintaining the child’s connection to the child’s bands and First Nations, Inuit or Métis communities. Openness agreement or openness order (2) For the purposes of subsection (1), the society shall include consideration of the benefits of, (a) an openness agreement in respect of the child and a member of the child’s bands and First Nations, Inuit or Métis communities; or (b) where the child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), an openness order in respect of the child and a representative of the child’s bands and First Nations, Inuit or Métis communities.
188 (1) A licensee who intends to act as described in subsection 183 (3) shall notify a Director of the proposed placement and at the same time provide the Director with a report of an adoption homestudy of the person with whom placement is proposed. Who may make homestudy (2) The report of the adoption homestudy shall be prepared by a person who, in the opinion of the Director or a local director, is qualified to make an adoption homestudy. Review by Director (3) The Director shall review the report of the adoption homestudy promptly and, (a) approve the proposed placement; (b) approve the proposed placement subject to any conditions the Director considers appropriate, including supervision by, (i) a specified society, licensee or person, or (ii) in the case of a placement outside Ontario, a specified child welfare authority recognized in the jurisdiction of the placement or a prescribed person; or (c) refuse to approve the proposed placement. Notice (4) The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be, (a) to the person with whom the placement is proposed; and (b) to the licensee. Right to hearing (5) When a Director gives notice of a refusal or an approval subject to conditions, the person with whom placement is proposed and the licensee are entitled to a hearing before the Board. Application of other provisions (6) Sections 233 (hearings), 234 (review of conditions), 266 (parties) and 267 (appeal) apply to the hearing with necessary modifications and for that purpose references to the Tribunal are deemed to be references to the Board. Extension of time (7) If the Board is satisfied that there are reasonable grounds for the person with whom placement is proposed or the licensee to apply for an extension of the time fixed for requiring the hearing and for the Board to grant relief, it may, (a) extend the time either before or after the expiration of the time; and (b) give the directions that it considers proper as a result of extending the time. Recording of evidence (8) The evidence taken before the Board at the hearing shall be recorded. Placement outside Canada (9) A Director shall not approve the proposed placement of a child outside Canada unless the Director is satisfied that a prescribed special circumstance justifies the placement.
189 (1) A licensee who intends to bring a child who is not a resident of Canada into Ontario to be placed for adoption shall provide the Director with a report of an adoption homestudy of the person with whom placement is proposed to assess the person’s eligibility and suitability to adopt. Who may make homestudy (2) The report of the adoption homestudy shall be prepared by a person who, in the opinion of the Director or a local director, is qualified to make an adoption homestudy. Review by Director (3) The Director shall review the report of the adoption homestudy promptly and, (a) approve the person unconditionally as eligible and suitable to adopt; (b) approve the person subject to any conditions the Director considers appropriate; or (c) refuse to approve the person. Notice (4) The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be, (a) to the person who is the subject of the homestudy; and (b) to the licensee. Right to hearing (5) When a Director gives notice of a refusal or an approval subject to conditions, the person who is the subject of the homestudy is entitled to a hearing before the Board. Application of other provisions (6) The following provisions apply to the hearing: 1. Sections 233 (hearings), 234 (review of conditions), 266 (parties) and 267 (appeal), with necessary modifications and for that purpose references to the Tribunal are deemed to be references to the Board. 2. Subsections 188 (7) (extension of time) and (8) (recording of evidence).
190 (1) If a person has been approved or approved subject to conditions as eligible and suitable to adopt under section 189 and a licensee proposes to place a child with the person for adoption, the licensee shall request that a Director review the proposed placement. Review by Director (2) The Director shall promptly review the proposed placement and, (a) approve the proposed placement unconditionally; (b) approve the proposed placement subject to any conditions the Director considers appropriate, including supervision by a specified society, licensee or person; or (c) refuse to approve the proposed placement. Notice (3) The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be, (a) to the person with whom the placement is proposed; and (b) to the licensee. Right to hearing (4) When a Director gives notice of a refusal or an approval subject to conditions, the person with whom the placement is proposed and the licensee are entitled to a hearing before the Board. Application of other provisions (5) The following provisions apply to the hearing: 1. Sections 233 (hearings), 234 (review of conditions), 266 (parties) and 267 (appeal), with necessary modifications and for that purpose references to the Tribunal are deemed to be references to the Board. 2. Subsections 188 (7) (extension of time) and (8) (recording of evidence).
191 (1) When a child is placed for adoption by a society or licensee, every order respecting access to the child is terminated, including an access order made under Part V (Child Protection) in respect of a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c). No interference, etc., with child in placement (2) Where a child has been placed for adoption by a society or licensee and no adoption order has been made, no person shall, (a) interfere with the child; or (b) for the purpose of interfering with the child, visit or communicate with the child or with the person with whom the child has been placed. Decision to Refuse to Place Child or to Remove Child after Placement
193 (1) Where a child has been placed for adoption under this Part, no order for the child’s adoption has been made and, (a) the person with whom the child is placed asks the society or licensee that placed the child to remove the child; or (b) the society or licensee proposes to remove the child from the person with whom the child was placed, the society or licensee shall notify a Director. Same (2) Where no order for a child’s adoption has been made and a year has expired since, (a) the earlier of the child’s placement for adoption or the giving of the most recent consent under clause 180 (2) (a); or (b) the most recent review under subsection (3) of this section, whichever is later, the society or licensee shall notify a Director, unless the child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c). Director to review (3) A Director who receives a notice under subsection (1) or (2) shall conduct a review in accordance with the regulations. Openness Orders No access order in effect
194 (1) If a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) is the subject of a plan for adoption, and no access order is in effect under Part V (Child Protection), the society having care and custody of the child may apply to the court for an openness order in respect of the child at any time before an order for adoption of the child is made under section 199. Notice of application (2) A society making an application under this section shall give notice of the application to, (a) the child; (b) every person who will be permitted to communicate with or have a relationship with the child if the order is made; (c) any person with whom the society has placed or plans to place the child for adoption; and (d) any society that will supervise or participate in the arrangement under the openness order. Method of giving notice to a child (3) Notice to a child under subsection (2) shall be given by leaving a copy with, (a) the Children’s Lawyer; (b) the child’s lawyer, if any; and (c) the child if they are 12 or older. Openness order (4) The court may make an openness order under this section in respect of a child if the court is satisfied that, (a) the openness order is in the best interests of the child; (b) the openness order will permit the continuation of a relationship with a person that is beneficial and meaningful to the child; and (c) the following entities and persons have consented to the order: (i) the society, (ii) the person who will be permitted to communicate with or have a relationship with the child if the order is made, (iii) the person with whom the society has placed or plans to place the child for adoption, and (iv) the child if they are 12 or older. Termination of openness order if extended society care order terminates (5) Any openness order made under this section in respect of a child terminates if the child ceases to be in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) by reason of an order made under subsection 116 (1). Access order in effect