jswizzle3737/ontario_laws_and_regs huggingface dataset:
73 (1) In this section, “review team” means a team established by a society under subsection (2). Same (2) Every society shall establish a review team that includes, (a) persons who are professionally qualified to perform medical, psychological, developmental, educational or social assessments; and (b) at least one legally qualified medical practitioner. Chair (3) The members of a review team shall choose a chair from among themselves. Duty of team (4) Whenever a society refers the case of a child who may be suffering or may have suffered abuse to its review team, the review team or a panel of at least three of its members, designated by the chair, shall, (a) review the case; and (b) recommend to the society how the child may be protected. Disclosure to team permitted (5) Despite the provisions of any other Act, a person may disclose to a review team or to any of its members information reasonably required for a review under subsection (4). Subsection overrides privilege (6) Subsection (5) applies although the information disclosed may be confidential or privileged and no action for disclosing the information shall be instituted against a person who acts in accordance with subsection (5), unless the person acts maliciously or without reasonable grounds. Where child not to be returned without review or hearing (7) Where a society with a review team has information that a child placed in its care under subsection 51 (2) (temporary care and custody) or subsection 57 (1) (order where child in need of protection) may have suffered abuse, the society shall not return the child to the care of the person who had charge of the child at the time of the possible abuse unless, (a) the society has, (i) referred the case to its review team, and (ii) obtained and considered the review team’s recommendations; or (b) the court has terminated the order placing the child in the society’s care.  R.S.O. 1990, c. C.11, s. 73. Court-Ordered Access to Records
74.1 (1) The court or a justice of the peace may issue a warrant for access to a record or a specified part of it if the court or justice of the peace is satisfied on the basis of information on oath from a Director or a person designated by a society that there are reasonable grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection.  1999, c. 2, s. 25. Authority conferred by warrant (2) The warrant authorizes the Director or the person designated by the society to, (a) inspect the record specified in the warrant during normal business hours or during the hours specified in the warrant; (b) make copies from the record in any manner that does not damage the record; and (c) remove the record for the purpose of making copies.  1999, c. 2, s. 25. Return of record (3) A person who removes a record under clause (2) (c) shall promptly return it after copying it.  1999, c. 2, s. 25. Admissibility of copies (4) A copy of a record that is the subject of a warrant under this section and that is certified as being a true copy of the original by the person who made the copy is admissible in evidence to the same extent as and has the same evidentiary value as the record.  1999, c. 2, s. 25. Duration of warrant (5) The warrant is valid for seven days.  1999, c. 2, s. 25. Execution (6) The Director or the person designated by the society may call on a peace officer for assistance in executing the warrant.  1999, c. 2, s. 25. Solicitor-client privilege (7) This section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a solicitor and his or her client.  1999, c. 2, s. 25. Matters to be considered (8) If a warrant issued under this section concerns a record of personal health information and the warrant is challenged under subsection 35 (6) (attending physician’s statement, hearing) of the Mental Health Act, equal consideration shall be given to, (a) the matters set out in subsection 35 (7) of that Act; and (b) the need to protect the child.  1999, c. 2, s. 25; 2004, c. 3, Sched. A, s. 78 (6). Same (9) If a warrant issued under this section concerns a record of a mental disorder within the meaning of section 183 and the warrant is challenged under section 183, equal consideration shall be given to, (a) the matters set out in subsection 183 (6); and (b) the need to protect the child.  1999, c. 2, s. 25. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 25 - 31/03/2000 2004, c. 3, Sched. A, s. 78 (6) - 01/11/2004
74.2 (1) Where a Director or a person designated by a society believes that there are reasonable grounds for the issuance of a warrant under section 74.1 and that it would be impracticable to appear personally before the court or a justice of the peace to make application for a warrant in accordance with section 74.1, the Director or person designated by the society may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice. Same (2) The information shall, (a) include a statement of the grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection; and (b) set out the circumstances that make it impracticable for the Director or person designated by the society to appear personally before a court or justice of the peace. Warrant to be issued (3) The justice may issue a warrant for access to the record or the specified part of it if the justice is satisfied that the application discloses, (a) reasonable grounds to believe that the record or the part of a record is relevant to investigate an allegation that a child is or may be in need of protection; and (b) reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1. Validity of warrant (4) A warrant issued under this section is not subject to challenge by reason only that there were not reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1. Application of provisions (5) Subsections 74.1 (2) to (9) apply with necessary modifications with respect to a warrant issued under this section. Definition (6) In this section, “justice” means justice of the peace, a judge of the Ontario Court of Justice or a judge of the Family Court of the Superior Court of Justice.  1999, c. 2, s. 26. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 26 - 31/03/2000 Child Abuse Register
77 (1) A Director may direct, in the best interests of a child in the care or supervision of a society, that the child, (a) be transferred to the care or supervision of another society; or (b) be transferred from one placement to another placement designated by the Director. Criteria (2) In determining whether to direct a transfer under clause (1) (b), the Director shall take into account, (a) the length of time the child has spent in the existing placement; (b) the views of the foster parents; and (c) the views and preferences of the child, where they are reasonably ascertainable.  R.S.O. 1990, c. C.11, s. 77. Homemakers
78 (1) In this section, “homemaker” means a person who is approved by a Director or local director for the purposes of this section. Homemaker may remain on premises (2) Where it appears to a person entering premises under section 40 or 44 that, (a) a child who in the person’s opinion is unable to care for himself or herself has been left on the premises without competent care or supervision; and (b) no person having charge of the child is available or able to consent to the placement of a homemaker on the premises, the person may, instead of taking the child to a place of safety, (c) remain on the premises; or (d) arrange with a society for the placement of a homemaker on the premises. Homemaker’s authority (3) A homemaker who remains or is placed on premises under subsection (2) may enter and live there, carry on normal housekeeping activities that are reasonably necessary for the care of any child on the premises and exercise reasonable control and discipline over any such child. Protection from personal liability (4) No action shall be instituted against a homemaker who remains or is placed on premises under subsection (2) for, (a) entering and living on the premises; (b) anything done or omitted in connection with normal housekeeping activities on the premises; (c) providing goods and services reasonably necessary for the care of any child on the premises; or (d) the exercise of reasonable control and discipline over any child on the premises, so long as the homemaker acts in good faith with reasonable care in the circumstances. Notice to person having charge of child (5) Where a homemaker remains or is placed on premises under subsection (2), the society shall forthwith notify or make reasonable efforts to notify the person last having charge of the child that a homemaker has been placed on the premises. Court order, etc. (6) Where a child with whom a homemaker has been placed under subsection (2), (a) is found not to be in need of protection, the homemaker shall leave the premises; or (b) is found to be in need of protection, the court may authorize the homemaker to remain on the premises until, (i) a specified day not more than thirty days from the date of the order, or (ii) a person who is entitled to custody of the child returns to care for the child, whichever is sooner. Extension (7) Where no person returns to care for the child before the day specified in an order under clause (6) (b), the court may, (a) extend the order; or (b) hold a further hearing under section 47 and make an order under section 57.  R.S.O. 1990, c. C.11, s. 78. Offences, Restraining Orders, Recovery on Child’s Behalf Abuse, failure to provide for reasonable care, etc.
79 (1) In this section, “abuse” means a state or condition of being physically harmed, sexually molested or sexually exploited. Child abuse (2) No person having charge of a child shall, (a) inflict abuse on the child; or (b) by failing to care and provide for or supervise and protect the child adequately, (i) permit the child to suffer abuse, or (ii) permit the child to suffer from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development. Leaving child unattended (3) No person having charge of a child less than sixteen years of age shall leave the child without making provision for his or her supervision and care that is reasonable in the circumstances. Reverse onus (4) Where a person is charged with contravening subsection (3) and the child is less than ten years of age, the onus of establishing that the person made provision for the child’s supervision and care that was reasonable in the circumstances rests with the person. Allowing child to loiter, etc. (5) No parent of a child less than sixteen years of age shall permit the child to, (a) loiter in a public place between the hours of midnight and 6 a.m.; or (b) be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child. Police may take child home or to place of safety (6) Where a child who is actually or apparently less than sixteen years of age is in a place to which the public has access between the hours of midnight and 6 a.m. and is not accompanied by a person described in clause (5) (b), a peace officer may apprehend the child without a warrant and proceed as if the child had been apprehended under subsection 42 (1). Child protection hearing (7) The court may, in connection with a case arising under subsection (2), (3) or (5), proceed under this Part as if an application had been made under subsection 40 (1) (child protection proceeding) in respect of the child.  R.S.O. 1990, c. C.11, s. 79.
80 (1) Instead of making an order under subsection 57 (1) or section 65.2 or in addition to making a temporary order under subsection 51 (2) or an order under subsection 57 (1) or section 65.2, the court may make one or more of the following orders in the child’s best interests:   1. An order restraining or prohibiting a person’s access to or contact with the child, and may include in the order such directions as the court considers appropriate for implementing the order and protecting the child. 2. An order restraining or prohibiting a person’s contact with the person who has lawful custody of the child following a temporary order under subsection 51 (2) or an order under subsection 57 (1) or clause 65.2 (1) (a) or (b).  2006, c. 5, s. 30 (1). Idem: notice (2) An order shall not be made under subsection (1) unless notice of the proceeding has been served personally on the person to be named in the order.  R.S.O. 1990, c. C.11, s. 80 (2). Duration of the order (3) An order made under subsection (1) shall continue in force for such period as the court considers in the best interests of the child and, (a) if the order is made in addition to a temporary order under subsection 51 (2) or an order made under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c), the order may provide that it continues in force, unless it is varied, extended or terminated by the court, as long as the temporary order under subsection 51 (2) or the order under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c), as the case may be, remains in force; or (b) if the order is made instead of an order under subsection 57 (1) or clause 65.2 (1) (a), (b) or (c) or if the order is made in addition to an order under clause 65.2 (1) (d), the order may provide that it continues in force until it is varied or terminated by the court.  2006, c. 5, s. 30 (2). Extension, variation and termination (4) An application for the extension, variation or termination of an order made under subsection (1) may be made by, (a) the person who is the subject of the order; (b) the child; (c) the person having charge of the child; (d) a society; (e) a Director; or (f) where the child is an Indian or a native person, a representative chosen by the child’s band or native community.  R.S.O. 1990, c. C.11, s. 80 (4). Idem (5) Where an application is made under subsection (4), the court may, in the child’s best interests, (a) extend the order for such period as the court considers to be in the best interests of the child, in the case of an order described in clause (3) (a); or (b) vary or terminate the order.  R.S.O. 1990, c. C.11, s. 80 (5); 2006, c. 5, s. 30 (3). Child in society’s care not to be returned while order in force (6) Where a society has care of a child and an order made under subsection (1) prohibiting a person’s access to the child is in force, the society shall not return the child to the care of, (a) the person named in the order; or (b) a person who may permit that person to have access to the child.  R.S.O. 1990, c. C.11, s. 80 (6). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 30 (1-3) - 30/11/2006
81 (1) In this section, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 37 (2) (a), (c), (e), (f), (f.1) or (h).  R.S.O. 1990, c. C.11, s. 81 (1); 1999, c. 2, s. 29. Recovery on child’s behalf (2) When the Children’s Lawyer is of the opinion that a child has a cause of action or other claim because the child has suffered abuse, the Children’s Lawyer may, if he or she considers it to be in the child’s best interests, institute and conduct proceedings on the child’s behalf for the recovery of damages or other compensation.  R.S.O. 1990, c. C.11, s. 81 (2); 1994, c. 27, s. 43 (2). Idem: society (3) Where a child is in a society’s care and custody, subsection (2) also applies to the society with necessary modifications.  R.S.O. 1990, c. C.11, s. 81 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995; 1999, c. 2, s. 29 - 31/03/2000
82 No person shall place a child in the care and custody of a society, and no society shall take a child into its care and custody, except, (a) in accordance with this Part; or (b) under an agreement made under subsection 29 (1) or 30 (1) (temporary care or special needs agreement) of Part II (Voluntary Access to Services).  R.S.O. 1990, c. C.11, s. 82.
83 If a child is the subject of an order for society wardship under subsection 57 (1) or an order for society supervision or Crown wardship under that subsection or subsection 65.2 (1), no person shall, (a) induce or attempt to induce the child to leave the care of the person with whom the child is placed by the court or by the society, as the case may be; (b) detain or harbour the child after the person or society referred to in clause (a) requires that the child be returned; (c) interfere with the child or remove or attempt to remove the child from any place; or (d) for the purpose of interfering with the child, visit or communicate with the person referred to in clause (a).  R.S.O. 1990, c. C.11, s. 83; 2006, c. 5, s. 31. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 31 - 30/11/2006
84 No person shall, (a) knowingly give false information in an application under this Part; or (b) obstruct, interfere with or attempt to obstruct or interfere with a child protection worker or a peace officer who is acting under section 40, 41, 42, 43 or 44.  R.S.O. 1990, c. C.11, s. 84.
85 (1) A person who contravenes, (a) an order for access made under subsection 58 (1); (b)  Repealed:  1999, c. 2, s. 30 (1). (c) subsection 74 (5) (disclosure of information obtained by court order); (d) subsection 75 (6) or (10) (confidentiality of child abuse register); (e) an order made under subsection 76 (8) (amendment of society’s records); (f) subsection 79 (3) or (5) (leaving child unattended, etc.); (g) a restraining order made under subsection 80 (1); (h) section 82 (unauthorized placement); (i) any provision of section 83 (interference with child, etc.); or (j) clause 84 (a) or (b), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. C.11, s. 85 (1); 1999, c. 2, s. 30 (1, 4). Idem (2) A person who contravenes subsection 79 (2) (child abuse), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than two years, or to both.  R.S.O. 1990, c. C.11, s. 85 (2). Idem (3) A person who contravenes subsection 45 (8) or 76 (11) (publication of identifying information) or an order prohibiting publication made under clause 45 (7) (c) or subsection 45 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.  R.S.O. 1990, c. C.11, s. 85 (3). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 30 (1, 4) - 31/03/2000; 1999, c. 2, s. 30 (2, 3, 5) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 Child’s Religious Faith
86 (1) For the purposes of this section, a child shall be deemed to have the religious faith agreed upon by the child’s parent, but where there is no agreement or the court cannot readily determine what the religious faith agreed upon is or whether any religious faith is agreed upon, the court may decide what the child’s religious faith is, if any, on the basis of the child’s circumstances. Child’s wishes to be consulted (2) The court shall consider the child’s views and wishes, if they can be reasonably ascertained, in determining what the child’s religious faith is, if any. Religious faith of child (3) A Protestant child shall not be committed under this Part to the care of a Roman Catholic society or institution and a Roman Catholic child shall not be committed under this Part to a Protestant society or institution, and a Protestant child shall not be placed in a foster home with a Roman Catholic family and a Roman Catholic child shall not be placed in a foster home with a Protestant family, and, where a child committed under this Part is other than Protestant or Roman Catholic, the child shall be placed where practicable with a family of his or her own religious faith, if any. Where only one society (4) Subsection (3) does not apply to the commitment of a child to the care of a society in a municipality in which there is only one society. Director’s discretion re foster placement (5) Where a society, (a) is unable to place a child in a suitable foster home within a reasonable time because of the operation of subsection (3); and (b) would be able to place the child in a suitable foster home but for the operation of subsection (3), the society may apply to a Director who may order that subsection (3) does not apply to the child in respect of the placement.  R.S.O. 1990, c. C.11, s. 86. Injunctions
87 (1) The Superior Court of Justice may grant an injunction to restrain a person from contravening section 83, on the society’s application.  R.S.O. 1990, c. C.11, s. 87 (1); 1999, c. 2, s. 35. Variation, etc. (2) The court may vary or terminate an order made under subsection (1), on any person’s application.  R.S.O. 1990, c. C.11, s. 87 (2). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 PART IV   youth Justice
88 In this Part, “bailiff” means a bailiff appointed under clause 90 (1) (c); (“huissier”) “Board” means the Custody Review Board established under subsection 96 (1); (“Commission”) “probation officer” means, (a) a person appointed or designated by the Lieutenant Governor in Council or his or her delegate to perform any of the duties or functions of a youth worker under the Young Offenders Act
(Canada) or under the federal Act, or (b) a probation officer appointed under clause 90 (1) (b); (“agent de probation”) “services and programs” means services and programs provided pursuant to the Young Offenders Act (Canada), the federal Act or the Provincial Offences Act and other related services and programs; (“services et programmes”)  2006, c. 19, Sched. D, s. 2 (12); 2009, c. 2, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (11, 12) - 22/06/2006 2009, c. 2, s. 2 - 01/04/2009 Programs and Officers
89 (1) The Minister may, (a) establish, operate and maintain services and programs; and (b) make agreements with persons for the provision of services and programs, for or on behalf of young persons for the purposes of the Young Offenders Act (Canada), the federal Act and the Provincial Offences Act, and may make payments for those services and programs out of legislative appropriations.  R.S.O. 1990, c. C.11, s. 89 (1); 2006, c. 19, Sched. D, s. 2 (13). Secure and open temporary detention programs (2) The Minister may establish, (a) secure temporary detention programs, in which restrictions are continuously imposed on the liberty of young persons by physical barriers, close staff supervision or limited access to the community; and (b) open temporary detention programs, in which restrictions that are less stringent than in a secure temporary detention program are imposed on the liberty of young persons, in places of temporary detention.  R.S.O. 1990, c. C.11, s. 89 (2). Secure custody programs (3) The Minister may establish secure custody programs in places of secure custody.  2006, c. 19, Sched. D, s. 2 (14). Open custody programs (4) The Minister may establish open custody programs in places of open custody.  R.S.O. 1990, c. C.11, s. 89 (4). Where locking up permitted (5) A place of secure custody and a place of secure temporary detention may be locked for the detention of young persons.  R.S.O. 1990, c. C.11, s. 89 (5). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (13, 14) - 22/06/2006
90 (1) The Minister may appoint any person or class of persons as, (a) a provincial director, to perform any or all of the duties and functions of a provincial director, (i) under the federal Act, (ii) under the Young Offenders Act (Canada), and (iii) under this Act and the regulations; (b) a probation officer, to perform any or all of the duties and functions, (i) of a youth worker under the federal Act and under the Young Offenders Act (Canada), (ii) of a probation officer for the purpose of dealing with young persons under the Provincial Offences Act, and (iii) of a probation officer under this Act and the regulations; and (c) a bailiff, to perform any or all of the duties and functions of a bailiff under the regulations.  R.S.O. 1990, c. C.11, s. 90 (1); 2006, c. 19, Sched. D, s. 2 (15, 16); 2009, c. 2, s. 3 (1-3). Limitations, etc., on appointments (2) The Minister may set out in an appointment made under subsection (1) any conditions or limitations to which it is subject.  R.S.O. 1990, c. C.11, s. 90 (2). Probation officer and bailiff have powers of peace officer (3) While performing their duties and functions, a probation officer appointed under clause (1) (b) and a bailiff appointed under clause (1) (c) have the powers of a peace officer.  R.S.O. 1990, c. C.11, s. 90 (3). Designation of peace officers (3.1) The Minister may designate in writing, (a) a person who is an employee in the Ministry or is employed in a place of open custody, of secure custody or of temporary detention to be a peace officer while performing the person’s duties and functions; or (b) a class of persons, from among the persons described in clause (a), to be peace officers while performing their duties and functions, and may set out in the designation any conditions or limitations to which it is subject.  2009, c. 2, s. 3 (4). Remuneration and expenses (4) The remuneration and expenses of a person appointed under subsection (1) 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. 90 (4); 2006, c. 35, Sched. C, s. 14 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (15, 16) - 22/06/2006; 2006, c. 35, Sched. C, s. 14 (2) - 20/08/2007 2009, c. 2, s. 3 (1-4) - 01/04/2009 91 Repealed:  2009, c. 2, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (17) - 22/06/2006 2009, c. 2, s. 4 - 01/04/2009
92 A person in charge of a service or program provided under subsection 89 (1), a person in charge of a place of temporary detention, open custody or secure custody, a bailiff and a probation officer, (a) shall make the prescribed reports and furnish the prescribed information to the Minister, in the prescribed form and at the prescribed intervals; and (b) shall 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. 92. Temporary Detention Open and secure detention
94 (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.  2009, c. 33, Sched. 7, s. 1 (4). 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 of the federal Act 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.  2009, c. 33, Sched. 7, s. 1 (4). 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.  2009, c. 33, Sched. 7, s. 1 (4). Concurrent terms (4) Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the federal Act 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 disposition under the Young Offenders Act (Canada) or the sentence under the federal Act.  2009, c. 33, Sched. 7, s. 1 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (23) - 22/06/2006 2009, c. 33, Sched. 7, s. 1 (4) - 15/12/2009
95 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 federal Act apply with necessary modifications.  R.S.O. 1990, c. C.11, s. 95; 2006, c. 19, Sched. D, s. 2 (24). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (24) - 22/06/2006 Custody Review Board
96 (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.  R.S.O. 1990, c. C.11, s. 96 (1). Members (2) The Board shall be composed of the prescribed number of members who shall be appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. C.11, s. 96 (2). 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.  R.S.O. 1990, c. C.11, s. 96 (3). (4) Repealed:  2006, c. 34, s. 28 (1). Quorum (5) The prescribed number of members of the Board are a quorum.  R.S.O. 1990, c. C.11, s. 96 (5). Remuneration (6) 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.  R.S.O. 1990, c. C.11, s. 96 (6); 2009, c. 33, Sched. 7, s. 1 (5). Duties of Board (7) The Board shall conduct reviews under section 97 and perform such other duties as are assigned to it by the regulations.  R.S.O. 1990, c. C.11, s. 96 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 28 (1) - 20/12/2006 2009, c. 33, Sched. 7, s. 1 (5) - 15/12/2009
97 (1) A young person may apply to the Board for a review of, (a)  Repealed:  2006, c. 19, Sched. D, s. 2 (25). (b) the particular place where the young person is held or to which the young person has been transferred; (c) a provincial director’s refusal to authorize the young person’s temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the federal Act; or (d) 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 federal Act, within thirty days of the decision, placement or transfer, as the case may be.  R.S.O. 1990, c. C.11, s. 97 (1); 2006, c. 19, Sched. D, s. 2 (25-27). 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.  R.S.O. 1990, c. C.11, s. 97 (2). Idem (3) The Board shall advise the young person whether it intends to hold a hearing or not within ten days of receiving the young person’s application.  R.S.O. 1990, c. C.11, s. 97 (3). Procedure (4) The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2).  R.S.O. 1990, c. C.11, s. 97 (4). Idem (5) The Board shall complete its review and make a determination within thirty 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.  R.S.O. 1990, c. C.11, s. 97 (5). Board’s recommendations (6) After conducting a review under subsection (2), 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 he or she 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 temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person’s reintegration leave be authorized under section 91 of the federal Act, or (iii) where the young person has been transferred as described in clause (1) (d), that the young person be returned to a place of open custody; or (b) confirm the decision, placement or transfer.  R.S.O. 1990, c. C.11, s. 97 (6); 1993, c. 27, Sched.; 2006, c. 19, Sched. D, s. 2 (28). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 19, Sched. D, s. 2 (25-28) - 22/06/2006 Apprehension of Young Persons who are Absent from Custody without Permission Apprehension
98.1 (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.  2009, c. 33, Sched. 7, s. 1 (6). Dismissal for cause for obstruction, etc., 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.  2009, c. 2, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 2, s. 6 - 1/04/2009; 2009, c. 33, Sched. 7, s. 1 (6) - 15/12/2009 PART V   RIGHTS OF CHILDREN
99 In this Part, “child in care” means a child or young person who is receiving residential services from a service provider and includes, (a) a child who is in the care of a foster parent, and (b) a young person who is, (i) detained in a place of temporary detention under the federal Act, (ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the federal Act or otherwise, or (iii) held in a pla0ce of open custody under section 95 of Part IV (Youth Justice).  R.S.O. 1990, c. C.11, s. 99; 2006, c. 19, Sched. D, s. 2 (32); 2009, c. 2, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (32) - 22/06/2006 2009, c. 2, s. 7 - 01/04/2009 Locking Up
100 (1) No service provider shall detain a child or permit a child to be detained in locked premises in the course of the provision of a service to the child, except as Part IV (Youth Justice) and Part VI (Extraordinary Measures) authorize.  R.S.O. 1990, c. C.11, s. 100 (1); 2006, c. 19, Sched. D, s. 2 (33). Application of subs. (1) (2) Subsection (1) does not prohibit the routine locking of premises for security at night.  R.S.O. 1990, c. C.11, s. 100 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (33) - 22/06/2006 Corporal Punishment
101 No service provider or foster parent shall inflict corporal punishment on a child or permit corporal punishment to be inflicted on a child in the course of the provision of a service to the child.  R.S.O. 1990, c. C.11, s. 101. 102 Repealed:  2007, c. 9, s. 25 (1). Section Amendments with date in force (d/m/y) 2007, c. 9, s. 25 (1) - 05/10/2007 Rights of Children in Care
103.1 (1) A service provider may impose such conditions and limitations upon persons who are visiting a young person in a place of temporary detention, of open custody or of secure custody as are necessary to ensure the safety of staff or young persons in the facility.  2009, c. 2, s. 9. Suspending visits in emergencies (2) Where a service provider has reasonable grounds to believe there are emergency circumstances within a facility that is a place of temporary detention, of open custody or of secure custody or within the community that may pose a risk to staff or young persons in the facility, the service provider may suspend visits until there are reasonable grounds to believe the emergency has been resolved and there is no longer a risk to staff or young persons in the facility.  2009, c. 2, s. 9. Limited exception (3) Despite subsection (2), the service provider may not suspend visits from, (a) the Provincial Advocate for Children and Youth and members of his or her staff; (b) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff; or (c) a member of the Legislative Assembly of Ontario or of the Parliament of Canada, unless the provincial director determines that suspension is necessary to ensure public safety or the safety of staff or young persons in the facility.  2009, c. 2, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 2, s. 9 - 01/04/2009
104 A child in care has a right, (a) to have reasonable privacy and possession of his or her own personal property; and (b) to receive the religious instruction and participate in the religious activities of his or her choice, subject to section 106.  R.S.O. 1990, c. C.11, s. 104.
105 (1) A child in care has a right to a plan of care designed to meet the child’s particular needs, which shall be prepared within thirty days of the child’s admission to the residential placement. Rights to care (2) A child in care has a right, (a) to participate in the development of the child’s individual plan of care and in any changes made to it; (b) to receive meals that are well-balanced, of good quality and appropriate for the child; (c) to be provided with clothing that is of good quality and appropriate for the child, given the child’s size and activities and prevailing weather conditions; (d) to receive medical and dental care, subject to section 106, at regular intervals and whenever required, in a community setting whenever possible; (e) to receive an education that corresponds to the child’s aptitudes and abilities, in a community setting whenever possible; and (f) to participate in recreational and athletic activities that are appropriate for the child’s aptitudes and interests, in a community setting whenever possible.  R.S.O. 1990, c. C.11, s. 105.
106 Subject to subsection 51 (4) and sections 62 and 63 (temporary order, society and Crown wards) of Part III (Child Protection), the parent of a child in care retains any right that he or she may have, (a) to direct the child’s education and religious upbringing; and (b) to give or refuse consent to medical treatment for the child.  R.S.O. 1990, c. C.11, s. 106.
107 A child in care has a right to be consulted and to express his or her views, to the extent that is practical given the child’s level of understanding, whenever significant decisions concerning the child are made, including decisions with respect to medical treatment, education or training or work programs and religion and decisions with respect to the child’s discharge from the placement or transfer to another residential placement.  R.S.O. 1990, c. C.11, s. 107; 2009, c. 2, s. 10. Section Amendments with date in force (d/m/y) 2009, c. 2, s. 10 - 01/04/2009
108 A child in care has a right to be informed, in a language suitable for the child’s level of understanding, of, (a) the child’s rights under this Part; (b) the internal complaints procedure established under subsection 109 (1) and the further review available under section 110; (c) the existence of the office of the Provincial Advocate for Children and Youth; (d) the review procedures available for children twelve years of age or older under sections 34, 35 and 36 of Part II (Voluntary Access to Services); (e) the review procedures available under section 97 of Part IV (Youth Justice), in the case of a young person described in clause (b) of the definition of “child in care” in section 99; (f) the child’s responsibilities while in the placement; and (g) the rules governing day-to-day operation of the residential service, including disciplinary procedures, upon admission to the residential placement, to the extent that is practical given the child’s level of understanding.  R.S.O. 1990, c. C.11, s. 108; 2006, c. 19, Sched. D, s. 2 (34); 2007, c. 9, s. 25 (3); 2009, c. 33, Sched. 7, s. 1 (7). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (34) - 22/06/2006 2007, c. 9, s. 25 (3) - 05/10/2007 2009, c. 33, Sched. 7, s. 1 (7) - 15/12/2009 Complaint and Review Procedures
109 (1) A service provider who provides residential services to children or places children in residential placements shall establish a written procedure, in accordance with the regulations, for hearing and dealing with complaints regarding alleged violations of the rights under this Part of children in care. Idem (2) A service provider shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under subsection (1), on the complaint of, (a) a child in care; (b) the child’s parent; or (c) another person representing the child, and shall seek to resolve the complaint.  R.S.O. 1990, c. C.11, s. 109.
110 (1) Where a person referred to in subsection 109 (2) who makes a complaint and is not satisfied with the result of the review conducted under that subsection requests in writing that the Minister appoint a person to conduct a further review of the complaint, the Minister shall appoint a person who is not employed by the service provider to do so. Idem (2) A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may, but is not required to, do so by holding a hearing. Procedure (3) The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2). Powers of appointed person (4) A person appointed under subsection (1) has, for the purposes of the review, all the powers of a program supervisor appointed under subsection 5 (2) of Part I (Flexible Services). Review and report within thirty days (5) A person appointed under subsection (1) shall, within thirty days after the day of the appointment, complete the review, set out in a report his or her findings and recommendations, including the reasons for not holding a hearing if none was held, and provide copies of the report to, (a) the person who made the complaint; (b) the service provider; and (c) the Minister.  R.S.O. 1990, c. C.11, s. 110.
111 (1) Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 110 (5), the Minister shall advise the person who made the complaint and the service provider of the decision. Remedies preserved (2) The Minister’s decision referred to in subsection (1) does not affect any other remedy that may be available.  R.S.O. 1990, c. C.11, s. 111. PART VI   EXTRAORDINARY MEASURES
112 In this Part, “administrator” means the person in charge of a secure treatment program; (“administrateur”) “intrusive procedure” means, (a) a mechanical means of controlling behaviour, (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”) “review team” means an interdisciplinary review team established under subsection 129 (1); (“groupe d’étude”) “secure isolation room” means a locked room approved under subsection 126 (1) for use for the secure isolation of children; (“pièce d’isolement sous clef”) “secure treatment program” means a program established or approved by the Minister under subsection 113 (1). (“programme de traitement en milieu fermé”)  R.S.O. 1990, c. C.11, s. 112. Secure Treatment Programs
113 (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 117 (commitment to secure treatment program) or under section 124 (emergency admission). Locking up permitted (4) The premises of a secure treatment program may be locked for the detention of children.  R.S.O. 1990, c. C.11, s. 113. Commitment to Secure Treatment
114 (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 less than sixteen years of age, 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 III (Child Protection). 2. Where the child is sixteen years of age or more, 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 III (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 ten days of the making of an order under subsection (6) (legal representation) or, where no such order is made, within ten 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 thirty 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 117 (1) (a) to (f) and, where the child is less than twelve years old, 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 in his or her absence. Court may require child’s presence (9) The court may require a child who has consented to the holding of the hearing in his or her absence under clause (8) (b) to be present at all or part of the hearing.  R.S.O. 1990, c. C.11, s. 114.