jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) The paramount purpose of this Act is to promote the best interests, protection and well being of children. Other purposes (2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well being of children, are: 1. To recognize that while parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent. 2. To recognize that the least disruptive course of action that is available and is appropriate in a particular case to help a child should be considered. 3. To recognize that children’s services should be provided in a manner that, i. respects a child’s need for continuity of care and for stable relationships within a family and cultural environment, ii. takes into account physical, cultural, emotional, spiritual, mental and developmental needs and differences among children, iii. provides early assessment, planning and decision-making to achieve permanent plans for children in accordance with their best interests, and iv. includes the participation of a child, his or her parents and relatives and the members of the child’s extended family and community, where appropriate. 4. To recognize that, wherever possible, services to children and their families should be provided in a manner that respects cultural, religious and regional differences. 5. To recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family.  1999, c. 2, s. 1; 2006, c. 5, s. 1; 2016, c. 23, s. 38 (1). Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 1, section 1 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000.  See:  1999, c. 2, ss. 37 (5), 38. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 1, 37 - 31/03/2000 2006, c. 5, s. 1 - 30/11/2006 2016, c. 23, s. 38 (1)
- 01/01/2017 Duties of service providers
2 (1) Service providers shall, where appropriate, make services to children and their families available in the French language. Duties of service providers (2) Service providers shall ensure, (a) that children and their parents have an opportunity where appropriate to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving; and (b) that decisions affecting the interests and rights of children and their parents are made according to clear, consistent criteria and are subject to procedural safeguards.  R.S.O. 1990, c. C.11, s. 2. Interpretation
4 (1) In this section, “capacity” means the capacity to understand and appreciate the nature of a consent or agreement and the consequences of giving, withholding or revoking the consent or making, not making or terminating the agreement; (“jouit de toutes ses facultés mentales”) “nearest relative”, when used in reference to a person who is less than 16 years old, means the person with lawful custody of him or her, and when used in reference to a person who is 16 years old or more, means the person who would be authorized to give or refuse consent to a treatment on his or her behalf under the Health Care Consent Act, 1996
if he or she were incapable with respect to the treatment under that Act. (“parent le plus proche”)  R.S.O. 1990, c. C.11, s. 4 (1); 1996, c. 2, s. 62. Elements of valid consent or agreement, etc. (2) A person’s consent or revocation of a consent or participation in or termination of an agreement under this Act is valid if, at the time the consent is given or revoked or the agreement is made or terminated, the person, (a) has capacity; (b) is reasonably informed as to the nature and consequences of the consent or agreement, and of alternatives to it; (c) gives or revokes the consent or executes the agreement or notice of termination voluntarily, without coercion or undue influence; and (d) has had a reasonable opportunity to obtain independent advice. Where person lacks capacity (3) A person’s nearest relative may give or revoke a consent or participate in or terminate an agreement on the person’s behalf if it has been determined on the basis of an assessment, not more than one year before the nearest relative acts on the person’s behalf, that the person does not have capacity. Exception (4) Subsection (3) does not apply to a consent under section 137 (consents to adoption) of Part VII (Adoption) or to a parent’s consent referred to in clause 37 (2) (l) (child in need of protection) of Part III (Child Protection). Consent, etc., of minor (5) A person’s consent or revocation of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is less than eighteen years old.  R.S.O. 1990, c. C.11, s. 4 (2-5). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 62 - 29/03/1996 PART I   FLEXIBLE SERVICES Directors and Program Supervisors Directors and program supervisors
5 (1) The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations.  R.S.O. 1990, c. C.11, s. 5 (1). Appointment of program supervisor (2) The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations.  R.S.O. 1990, c. C.11, s. 5 (2). Limitations, etc., on appointments (3) The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject.  R.S.O. 1990, c. C.11, s. 5 (3). Remuneration and expenses (4) The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006
shall be fixed by the Minister and shall be paid out of legislative appropriations.  R.S.O. 1990, c. C.11, s. 5 (4); 2006, c. 35, Sched. C, s. 14 (1). Reports and information (5) A service provider shall, (a) make the prescribed reports and furnish the prescribed information to the Minister, in the prescribed form and at the prescribed intervals; and (b) make a report to the Minister whenever the Minister requests it, in the form and containing the information specified by the Minister.  R.S.O. 1990, c. C.11, s. 5 (5). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 14 (1) - 20/08/2007
6 (1) For the purpose of ensuring compliance with this Act and the regulations a program supervisor may, at all reasonable times, upon producing proper identification, enter premises where an approved service is provided, inspect the facilities, the service provided, the books of account and the records relating to the service, and make copies of those books and records or remove them from the premises to copy them as may be reasonably required. Offence (2) No person shall hinder, obstruct or attempt to hinder or obstruct a program supervisor in the performance of the program supervisor’s duties or knowingly give false information about an approved service to a program supervisor. Idem (3) No service provider or person in charge of premises where an approved service is provided shall refuse to give a program supervisor access to the books and records referred to in subsection (1) or refuse to give a program supervisor information about the approved service that the program supervisor reasonably requires. Regulations re exercise of power of entry (4) A program supervisor shall exercise the power of entry set out in subsection (1) in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 6. Approvals and Funding
7 (1) The Minister may, (a) provide services and establish, operate and maintain facilities for the provision of services; and (b) make agreements with persons, municipalities and agencies for the provision of services, and may make payments for those services and facilities out of legislative appropriations. Grants and contributions for services, consultation, etc. (2) The Minister may make grants and contributions, out of legislative appropriations, to any person, organization or municipality for consultation, research and evaluation with respect to services and for the provision of services.  R.S.O. 1990, c. C.11, s. 7.
8 (1) Where the Minister is satisfied that an agency is, with financial assistance under this Part and the regulations, financially capable of establishing, maintaining and operating a service and that its affairs are carried on under competent management in good faith, the Minister may approve the agency to provide that service. Funding for establishment of services (2) Where the Minister intends to approve an agency to provide a service under subsection (1), the Minister may enter into an agreement with the agency for the establishment of the service. Financial assistance, etc. (3) Where the Minister approves an agency to provide a service under subsection (1), the Minister may give the agency financial and other assistance, in accordance with the regulations. Effective date (4) The Minister’s approval under subsection (1) shall be deemed to have retroactive effect if the Minister so specifies.  R.S.O. 1990, c. C.11, s. 8.
9 (1) Where the Minister is satisfied that premises are suitable for providing a service, the Minister may approve all or any part of the premises for the provision of the service by an approved agency and may give the agency financial and other assistance in accordance with the regulations, for the maintenance and operation of the premises and the provision of the service. Approval may relate to all or part of building, etc. (2) The Minister’s approval under subsection (1) may specify a building, a group of buildings, part of a building or a location in a building as the approved premises. Effective date (3) The Minister’s approval of premises under subsection (1) shall be deemed to have retroactive effect if the Minister so specifies, but it shall not be deemed to take effect on a day before the Minister’s approval of the agency concerned becomes effective under section 8.  R.S.O. 1990, c. C.11, s. 9. Terms and conditions and services to adults
10 (1) The Minister may impose terms and conditions on an approval given under subsection 8 (1) or 9 (1) and, upon reasonable written notice to the approved agency, may vary, remove or amend the terms and conditions or impose new terms and conditions. Duty of Director (2) A Director shall review any objections from an approved agency which has received notice under subsection (1). Transfer of assets (3) An approved agency shall not transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations. Services to persons over eighteen (4) The Minister may, (a) provide services under clause 7 (1) (a); (b) make agreements for the provision of services under clause 7 (1) (b); (c) make grants and contributions for the provision of services under subsection 7 (2); (d) approve agencies for the provision of services under subsection 8 (1); (e) approve premises for the provision of services under subsection 9 (1), to persons who are not children, and to their families, as if those persons were children.  R.S.O. 1990, c. C.11, s. 10.
11 The Minister may make agreements with persons, organizations or municipalities for the establishment, support and operation of co-ordinating or advisory groups or committees, may make payments for the purpose out of legislative appropriations and may give other assistance for the purpose.  R.S.O. 1990, c. C.11, s. 11.
12 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, registration of agreement or in such other manner as the Minister determines.  R.S.O. 1990, c. C.11, s. 12.
13 (1) An approved agency shall file a certified copy of its by-laws and of any amendment to them with the Minister forthwith after they are made. Idem (2) The by-laws of an approved agency shall contain the prescribed provisions. Band or native community representatives (3) An approved agency that provides services to Indian or native children and families shall have the prescribed number of band or native community representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms. Employee may not sit on board (4) An employee of an approved agency shall not be a member of the agency’s board of directors.  R.S.O. 1990, c. C.11, s. 13.
14 No approved agency shall place a child in a residential placement except in accordance with this Act and the regulations.  R.S.O. 1990, c. C.11, s. 14. Children’s Aid Societies
15 (1) In this section, “prescribed” means prescribed in a regulation made by the Minister under subsection 214 (4) of Part XI (Regulations).  R.S.O. 1990, c. C.11, s. 15 (1). Designation of children’s aid society (2) The Minister may designate an approved agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions set out in subsection (3), may impose terms and conditions on a designation and may vary, remove or amend the terms and conditions or impose new terms and conditions at any time, and may at any time amend a designation to provide that the society is no longer designated for a particular function set out in subsection (3) or to alter the society’s territorial jurisdiction.  R.S.O. 1990, c. C.11, s. 15 (2). Functions of society (3) The functions of a children’s aid society are to, (a) investigate allegations or evidence that children may be in need of protection; (b) protect children where necessary; (c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children; (d) provide care for children assigned or committed to its care under this Act; (e) supervise children assigned to its supervision under this Act; (f) place children for adoption under Part VII; and (g) perform any other duties given to it by this or any other Act.  R.S.O. 1990, c. C.11, s. 15 (3); 2017, c. 14, Sched. 2, s. 1. Prescribed standards, etc. (4) A society shall, (a) provide the prescribed standard of services in its performance of its functions; and (b) follow the prescribed procedures and practices.  R.S.O. 1990, c. C.11, s. 15 (4). (5) Repealed:  2002, c. 18, Sched. D, s. 1. Protection from personal liability (6) No action shall be instituted against an officer or employee of a society for an act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in the execution in good faith of the person’s duty.  R.S.O. 1990, c. C.11, s. 15 (6). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. D, s. 1 - 26/11/2002 2017, c. 14, Sched. 2, s. 1 - 01/01/2018
16 Every society shall appoint a local director with the prescribed qualifications, powers and duties.  R.S.O. 1990, c. C.11, s. 16.
17 (1) A Director, (a) shall advise and supervise societies; (b) shall inspect or direct and supervise the inspection of the operation and records of societies; (c) shall exercise the powers and duties of a society in any area in which no society is functioning; (d) shall inspect or direct and supervise the inspection of places in which children in the care of societies are placed; and (e) shall ensure that societies provide the standard of services and follow the procedures and practices required by subsection 15 (4).  R.S.O. 1990, c. C.11, s. 17 (1). (2) Repealed:  2006, c. 5, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 3 - 30/11/2006
18 For the purposes of Part III, a Director or local director may designate a place as a place of safety and may designate a class of places as places of safety.  2006, c. 5, s. 4. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 3 - 31/03/2000 2006, c. 5, s. 4 - 30/11/2006
19 (1) Repealed:  1999, c. 2, s. 4 (1). Payments by Minister (2) The Minister shall pay to every society out of legislative appropriations an amount determined in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 19 (2). (3) Repealed:  1999, c. 2, s. 4 (1). How society’s estimates determined (4) A society’s estimated expenditures shall be determined and shall be approved by the Minister in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 19 (4). (5) Repealed:  1999, c. 2, s. 4 (1). Manner of payment (6) An amount payable to a society under subsection (2), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister.  R.S.O. 1990, c. C.11, s. 19 (6); 1999, c. 2, s. 4 (2). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 4 (1, 2) - 31/03/2000
20 (1) Repealed:  1999, c. 2, s. 5. Society deemed to be a local board (2) A society shall be deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006
and the Municipal Conflict of Interest Act.  R.S.O. 1990, c. C.11, s. 20 (2); 2006, c. 2, s. 45. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 5 - 31/03/2000 2006, c. 2, s. 45 - 30/06/2006
20.1 A Director may issue directives to one or more societies, including directives respecting their provision of services under this Act.  1999, c. 2, s. 6. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 6 - 31/03/2000
20.2 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care.  2006, c. 5, s. 5. Where child is Indian or native person (2) If the issue referred to in subsection (1) relates to a child who is an Indian or native person, the society shall consult with the child’s band or native community to determine whether an alternative dispute resolution process established by that band or native community or another prescribed process will assist in resolving the issue.  2006, c. 5, s. 5. Children’s Lawyer (3) If a society or a person, including a child, who is receiving child welfare services proposes that a prescribed method of alternative dispute resolution be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if in the opinion of the Children’s Lawyer such legal representation is appropriate.  2006, c. 5, s. 5. Notice to band, native community (4) If a society makes or receives a proposal that a prescribed method of alternative dispute resolution be undertaken under subsection (3) in a matter involving a child who is an Indian or native person, the society shall give the child’s band or native community notice of the proposal.  2006, c. 5, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 5 - 30/11/2006 Agreements with other Governments
21 The Minister may, with the approval of the Lieutenant Governor in Council, make agreements on behalf of the Government of Ontario with the Crown in right of Canada and with the Crown in right of any other province of Canada respecting services under this Act or the care or protection of children.  R.S.O. 1990, c. C.11, s. 21. Revocation and Take-Over Powers
23 (1) Where the Minister is of the opinion, upon reasonable grounds, that an activity carried on, or the manner of carrying on an activity, in the course of the provision of an approved service is causing or is likely to cause harm to a person’s health, safety or welfare, the Minister may by order require the service provider to suspend or cease the activity and may take such other action as the Minister deems to be in the best interests of the persons receiving the approved service. Notice of proposal (2) Where the Minister proposes to make an order requiring the suspension or cessation of an activity under subsection (1), the Minister shall serve notice of the proposal and written reasons for it on the service provider, and subsections 22 (3) to (8), except clause (5) (b), apply with necessary modifications. Where order may be made immediately (3) Despite subsection (2), the Minister, by notice to the service provider and without a hearing, may require that the service provider immediately suspend or cease the activity where the continuation of the activity is, in the Minister’s opinion, an immediate threat to the public interest or to a person’s health, safety or welfare and the Minister so states in the notice, with reasons, and thereafter the Minister shall cause a hearing to be held and subsections 22 (3) to (8), except clause (5) (b), apply with necessary modifications.  R.S.O. 1990, c. C.11, s. 23.
24 (1) Where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister has all the powers of its board of directors. Idem (2) Without restricting the generality of subsection (1), where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister may, (a) carry on the society’s business; (b) enter into contracts on the society’s behalf; (c) arrange for bank accounts to be opened in the society’s name, and authorize persons to sign cheques and other documents on the society’s behalf; (d) appoint or dismiss employees of the society; and (e) make by-laws.  R.S.O. 1990, c. C.11, s. 24 (1, 2). Occupation and operation of premises (3) Without restricting the generality of subsection (1), where the Minister operates and manages a society under subclause 22 (1) (f) (iii), the Minister may, (a) despite sections 25 and 41 of the Expropriations Act, immediately occupy and operate, or arrange for the occupation and operation by a person or organization designated by the Minister, of any premises occupied or used by the society for the provision of approved services; or (b) apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Minister as may be necessary in occupying the premises.  R.S.O. 1990, c. C.11, s. 24 (3); 1999, c. 2, s. 35. Maximum period (4) The Minister shall not occupy and operate premises under subsection (3) for a period exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period from time to time.  R.S.O. 1990, c. C.11, s. 24 (4). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 Offences
25 A person who knowingly, (a) fails to furnish a report required by the Minister under subsection 5 (5); (b) contravenes subsection 6 (2) or (3) (obstructing program supervisor, etc.); or (c) furnishes false information in an application under this Part or in a report or return required under this Part or the regulations, and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention or furnishing by the corporation, is guilty of an offence and is liable upon conviction to a fine of not more than $2,000.  R.S.O. 1990, c. C.11, s. 25. PART II   VOLUNTARY ACCESS TO SERVICES
26 In this Part, “advisory committee” means a Residential Placement Advisory Committee established under subsection 34 (2); (“comité consultatif”) “institution” means, (a) a children’s residence, other than a maternity home, operated by the Minister or under the authority of a licence issued under Part IX (Licensing) with the capacity of providing residential services to ten or more children at a time, or (b) premises designated by a Director under subsection 34 (5); (“foyer”) “record”, when used in reference to a person, has the same meaning as in Part VIII (Confidentiality of and Access to Records); (“dossier”) “special need” means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. (“besoin particulier”)  R.S.O. 1990, c. C.11, s. 26; 2001, c. 13, s. 5 (4). Section Amendments with date in force (d/m/y) 2001, c. 13, s. 5 (4) - 30/11/2001 Consents Consent to service
27 (1) Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. 2017, c. 14, Sched. 2, s. 2 (1). Consent to residential service: child under 16 or in society’s care (2) A service provider may provide a residential service to a child, (a) if the child is less than 16 years of age, with the consent of the child’s parent; and (b) if the child is in a society’s lawful custody, with the society’s consent, except where this Act provides otherwise. 2017, c. 14, Sched. 2, s. 2 (2). Exception — Part IV (3) Subsections (1) and (2) do not apply where a service is provided to a young person under Part IV (Youth Justice). 2017, c. 14, Sched. 2, s. 2 (2). Discharge from residential placement (4) A child who is placed in a residential placement with the consent referred to in subsection (2) may only be discharged from the placement, (a) with the consent that would be required for a new residential placement; (b) where the placement is made under the authority of an agreement made under subsection 29 (1) (temporary care agreements) or subsection 30 (1) or (2) (special needs agreements), in accordance with section 33 (termination by notice); or (c) where the placement is made under the authority of an agreement made under subsection 37.1 (1) (agreements with 16 and 17 year olds), in accordance with subsection 37.1 (5) (notice of termination).  R.S.O. 1990, c. C.11, s. 27 (4); 2017, c. 14, Sched. 2, s. 2 (3). Transfer to another placement (5) A child who is placed in a residential placement with the consent referred to in subsection (2) shall not be transferred from one placement to another unless the consent that would be required for a new residential placement is given.  R.S.O. 1990, c. C.11, s. 27 (5). Child’s wishes (6) Before a child is placed in or discharged from a residential placement or transferred from one residential placement to another with the consent referred to in subsection (2), the service provider shall take the child’s wishes into account, if they can be reasonably ascertained.  R.S.O. 1990, c. C.11, s. 27 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (3) - 22/06/2006 2017, c. 14, Sched. 2, s. 2 (1-3) - 01/01/2018
28 A service provider may provide a counselling service to a child who is twelve years of age or older with the child’s consent, and no other person’s consent is required, but if the child is less than sixteen years of age the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent.  R.S.O. 1990, c. C.11, s. 28. Temporary Care Agreements
30 (1) A person who is unable to provide the services required by a child in his or her custody because the child has a special need, and a society having jurisdiction where the person resides, may with a Director’s written approval make a written agreement for, (a) the society’s provision of services to meet the child’s special need; and (b) the society’s supervision or care and custody of the child. Special needs agreement with Minister (2) A person who is unable to provide the services required by a child in his or her custody because the child has a special need, and the Minister, may make a written agreement for, (a) the Minister’s provision of services to meet the child’s special need; and (b) the Minister’s supervision or care and custody of the child. Term to be specified (3) A special needs agreement shall only be made for a specific period, but may be extended, with a Director’s written approval in the case of an agreement with a society, for a further period or periods. s. 29 (7-10) apply (4) Where a special needs agreement provides for a child’s residential placement, subsections 29 (7), (8), (9) and (10) (authority to consent to medical treatment, contents of agreement, variation) apply with necessary modifications, and subsection 29 (4) (duty of society) applies to the society or the Minister, as the case may be, with necessary modifications.  R.S.O. 1990, c. C.11, s. 30. Sixteen and seventeen year olds
31 (1) A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the society having jurisdiction where the child resides, may with a Director’s written approval make a written agreement for the society’s provision of services to meet the child’s special need. Idem: special needs agreement with Minister (2) A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the Minister, may make a written agreement for the Minister’s provision of services to meet the person’s special need. Contents of agreements (3) An agreement made under subsection (1) or (2) shall contain the prescribed provisions. s. 29 (10) applies (4) Subsection 29 (10) (variation) applies to an agreement made under subsection (1) or (2).  R.S.O. 1990, c. C.11, s. 31. Expiry and Termination of Agreements
32 No agreement made under section 29, 30 or 31 shall continue beyond the eighteenth birthday of the person who is its subject.  R.S.O. 1990, c. C.11, s. 32.
33 (1) A party to an agreement made under section 29, 30 or 31 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 twenty-one days as the agreement specifies, after the day on which every other party has actually received the notice. Return of child, etc., by society (3) Where notice of a wish to terminate an agreement for care and custody made under subsection 29 (1) or 30 (1) 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; or (b) where the society is of the opinion that the child would be in need of protection within the meaning of subsection 37 (2) of Part III (Child Protection) if returned to the person referred to in clause (a), bring the child before the court under that Part to determine whether the child would be in need of protection in that case, and thereafter Part III applies to the child, with necessary modifications. Idem: Minister (4) Where notice of a wish to terminate an agreement for care and custody made under subsection 30 (2) is given by or to the Minister under subsection (1), subsection (3) applies to the Minister, with necessary modifications. Idem: expiry of agreement (5) Where a temporary care agreement expires or is about to expire under subsection 29 (6), and where a temporary care agreement or a special needs agreement that provides for care and custody expires or is about to expire according to its own terms and is not extended, the society or the Minister, as the case may be, shall before the agreement expires or as soon as practicable thereafter, but in any event within twenty-one 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; or (b) where the society or the Minister, as the case may be, is of the opinion that the child would be in need of protection within the meaning of subsection 37 (2) of Part III (Child Protection) if returned to the person referred to in clause (a), bring the child before the court under that Part to determine whether the child would be in need of protection in that case, and thereafter Part III applies to the child, with necessary modifications.  R.S.O. 1990, c. C.11, s. 33. Review by Residential Placement Advisory Committee
35 (1) An advisory committee that conducts a review shall advise, (a) the service provider; (b) any representative of the child; (c) the child’s parent or, where the child is in a society’s lawful custody, the society; (d) the child, where it is reasonable to expect him or her to understand; and (e) where the child is an Indian or native person, a representative chosen by the child’s band or native community, of its recommendations as soon as the review has been completed, and shall advise the child of his or her rights under section 36 if the child is twelve years of age or older. Report of review to Minister (2) An advisory committee that conducts a review shall, within thirty days of completing the review, make a report of its findings and recommendations to the Minister. Recommendation for less restrictive service (3) 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 (2) that the less restrictive service be provided to the child. Additional reports at Minister’s request (4) An advisory committee shall make a report of its activities to the Minister whenever the Minister requests it, in addition to making the reports required by subsection (2).  R.S.O. 1990, c. C.11, s. 35.
36 (1) A child who is twelve years of age or older and is in a residential placement to which he or she objects may, if the placement has been reviewed by an advisory committee under section 34 and, (a) the child is dissatisfied with the advisory committee’s recommendation; or (b) the advisory committee’s recommendation is not followed, apply to the Board for a determination of where he or she should remain or be placed. Duty of Board (2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. Idem (3) The Board shall advise the child whether it intends to hold a hearing or not within ten 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) where the child is an Indian or native person, a representative chosen by the child’s band or native community; and (d) any other persons that the Board specifies. Time for determination (5) The Board shall complete its review and make a determination within thirty 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 recommendation (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 placement.  R.S.O. 1990, c. C.11, s. 36. PART III   CHILD PROTECTION
37.1 (1) The society and a child who is 16 or 17 years of age 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. 2017, c. 14, Sched. 2, s. 5. Same (2) The society may make a written agreement under subsection (1) where a temporary care agreement in respect of the child is terminated, expires or is about to expire as described in section 33 and is not extended, and may do so before the agreement terminates or expires. 2017, c. 14, Sched. 2, s. 5. Term of agreement (3) 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. 2017, c. 14, Sched. 2, s. 5. Previous or current involvement with society not a bar to agreement (4) 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 29 or pursuant to an order made under clause 51 (2) (d), paragraph 2 or 3 of subsection 57 (1) or subsection 65.2 (1). 2017, c. 14, Sched. 2, s. 5. Notice of termination of agreement (5) 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. 2017, c. 14, Sched. 2, s. 5. Agreement expires at 18 (6) No agreement made under this section shall continue beyond the eighteenth birthday of the person who is its subject. 2017, c. 14, Sched. 2, s. 5. Current proceedings and orders must be terminated first (7) Despite subsection (4), an agreement may not come into force under this section until any temporary care agreement under section 29 or order for the care or supervision of a child under this Part is terminated. 2017, c. 14, Sched. 2, s. 5. Representation by Children’s Lawyer (8) 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. 2017, c. 14, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 2, s. 5 - 01/01/2018 Legal Representation
38 (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.  R.S.O. 1990, c. C.11, s. 38 (1-3). 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 made a society or Crown ward under paragraph 2 or 3 of subsection 57 (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 37 (2) (a), (c), (f), (f.1) or (h); or (c) the child is not permitted to be present at the hearing, legal representation shall be deemed to be desirable to protect the child’s interests, unless the court is satisfied, taking into account the child’s views and wishes if they can be reasonably ascertained, that the child’s interests are otherwise adequately protected.  R.S.O. 1990, c. C.11, s. 38 (4); 1999, c. 2, s. 10. Where parent a minor (5) Where a child’s parent is less than eighteen years of age, the Children’s Lawyer shall represent the parent in a proceeding under this Part unless the court orders otherwise.  R.S.O. 1990, c. C.11, s. 38 (5); 1994, c. 27, s. 43 (2). Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 10, section 38 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000.  See: 1999, c. 2, ss. 37 (5), 38. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995; 1999, c. 2, s. 10, 37 - 31/03/2000 Parties and Notice
39 (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. Where the child is an Indian or a native person, a representative chosen by the child’s band or native community. Director to be added (2) At any stage in a proceeding under this Part, the court shall add a Director as a party on his or her 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 solicitor; and (d) may make submissions to the court, but shall take no further part in the hearing without leave of the court. Child twelve or older (4) A child twelve years of age or more 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 under twelve (5) A child less than twelve years of age 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 64 (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 69 as if he or she 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.  R.S.O. 1990, c. C.11, s. 39. Commencing Child Protection Proceedings Warrants, orders, apprehension, etc.
40.1 (1) A child protection worker may bring a child who is 16 or 17 years old and who is subject to a temporary or final supervision order to a place of safety if the child consents. 2017, c. 14, Sched. 2, s. 7. Temporary or final supervision order (2) In this section, “temporary or final supervision order” means an order under clause 51 (2) (b) or (c), paragraph 1 or 4 of subsection 57 (1), subsection 64 (8) or 65.1 (10) or clause 65.2 (1) (a). 2017, c. 14, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 2, s. 7 - 01/01/2018 Special Cases of Apprehension of Children Apprehension of children in care
41 (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 a peace officer’s or child protection worker’s sworn information that, (a) the child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; 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.  R.S.O. 1990, c. C.11, s. 41 (1). Idem (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).  R.S.O. 1990, c. C.11, s. 41 (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.  R.S.O. 1990, c. C.11, s. 41 (3). Apprehension of child in care without warrant (4) A peace officer or child protection worker who believes on reasonable and probable grounds that, (a) a child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; 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), may without a warrant bring the child to a place of safety.  R.S.O. 1990, c. C.11, s. 41 (4). Apprehension of child absent from place of open temporary detention (5) Where a child is detained under this Part in a place of safety that has been designated as a place of open temporary detention as defined in Part IV (Youth Justice) and leaves the place without the consent of, (a) the society having care, custody and control of the child; or (b) the person in charge of the place of safety, a peace officer, the person in charge of the place of safety or that person’s delegate may apprehend the child without a warrant.  R.S.O. 1990, c. C.11, s. 41 (5); 2006, c. 19, Sched. D, s. 2 (7). Idem (6) A person who apprehends a child under subsection (5) shall, (a) take the child to a place of safety to be detained until the child can be returned to the place of safety the child left; or (b) return the child or arrange for the child to be returned to the place of safety the child left.  R.S.O. 1990, c. C.11, s. 41 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (7) - 22/06/2006
42 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child 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 take the child to a place of safety to be detained there 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.  R.S.O. 1990, c. C.11, s. 42 (1, 2). Where child not returned to parent, etc., within twelve hours (3) Where a child detained in a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within twelve hours of being taken to the place of safety, the child shall be dealt with as if the child had been taken to a place of safety under subsection 40 (7) and not apprehended under subsection (1).  R.S.O. 1990, c. C.11, s. 42 (3); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991