29 (1) A person who is temporarily unable to care adequately for a child in his or her custody, and the society having jurisdiction where the person resides, may make a written agreement for the society’s care and custody of the child.  R.S.O. 1990, c. C.11, s. 29 (1). Child’s age (2) No temporary care agreement shall be made in respect of a child who is 12 years of age or older, unless the child is a party to the agreement. 2017, c. 14, Sched. 2, s. 3. Exception: developmental disability (3) Clause (2) (b) does not apply where it has been determined on the basis of an assessment, not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability.  2001, c. 13, s. 5 (5). Duty of society (4) A society shall not make a temporary care agreement unless the society, (a) has determined that an appropriate residential placement that is likely to benefit the child is available; and (b) is satisfied that no less disruptive course of action, such as care in the child’s own home, is appropriate for the child in the circumstances.  R.S.O. 1990, c. C.11, s. 29 (4); 1999, c. 2, s. 8 (1). Term of agreement limited (5) No temporary care agreement shall be made for a term exceeding six months, but the parties to a temporary care agreement may, with a Director’s written approval, agree to extend it for a further period or periods if the total term of the agreement, as extended, does not exceed an aggregate of twelve months.  R.S.O. 1990, c. C.11, s. 29 (5). Time limit (6) No temporary care agreement shall be made or extended so as to result in a child being in a society’s care and custody, for a period exceeding, (a) 12 months, if the child is less than 6 years of age on the day the agreement is entered into or extended; or (b) 24 months, if the child is 6 years of age or older on the day the agreement is entered into or extended.  1999, c. 2, s. 8 (2). Note:  For the purposes of subsection (6), as re-enacted by the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted.  See: 1999, c. 2, s. 37 (1). Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), subsection (6) of this section, as it read before March 31, 2000, shall continue to apply with respect to a child who is in the care and custody of a society on March 31, 2000 so long as that child continues to be in the care and custody of a society.  See: 1999, c. 2, ss. 37 (2), 38. Same (6.1) In calculating the period referred to in subsection (6), time during which a child has been in a society’s care and custody, (a) as a society ward under paragraph 2 of subsection 57 (1); (b) under a temporary care agreement under subsection 29 (1); or (c) under a temporary order made under clause 51 (2) (d), shall be counted.  1999, c. 2, s. 8 (2). Previous periods to be counted (6.2) The period referred to in subsection (6) shall include any previous periods that the child was in a society’s care and custody as described in subsection (6.1) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody.  1999, c. 2, s. 8 (2). Note:  For the purposes of subsections (6.1) and (6.2), as enacted by the Statutes of Ontario, 1999, chapter 2, subsection 8 (2), no period that a child was in a society’s care and custody before March 31, 2000 shall be counted.  See: 1999, c. 2, s. 37 (1). Authority to consent to medical treatment may be transferred (7) A temporary care agreement may provide that the society is entitled to consent to medical treatment for the child where a parent’s consent would otherwise be required.  R.S.O. 1990, c. C.11, s. 29 (7). Contents of temporary care agreement (8) A temporary care agreement shall include: 1. A statement by all the parties to the agreement that the child’s care and custody are transferred to the society. 2. A statement by all the parties to the agreement that the child’s placement is voluntary. 3. A statement, by the person referred to in subsection (1), that he or she is temporarily unable to care for the child adequately and has discussed with the society alternatives to residential placement of the child. 4. An undertaking by the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care. 5. If it is not possible for the person referred to in subsection (1) to maintain contact with the child and be involved in the child’s care, the person’s designation of another named person who is willing to do so. 6. The name of the individual who is the primary contact between the society and the person referred to in subsection (1). 7. Such other provisions as are prescribed.  R.S.O. 1990, c. C.11, s. 29 (8). Designation by advisory committee (9) Where the person referred to in subsection (1) does not give an undertaking under paragraph 4 or designate another person under paragraph 5 of subsection (8), an advisory committee that has jurisdiction may, in consultation with the society, name a suitable person who is willing to maintain contact with the child and be involved in the child’s care.  R.S.O. 1990, c. C.11, s. 29 (9). Variation of agreement (10) The parties to a temporary care agreement may vary the agreement from time to time in a manner that is consistent with this Part and the regulations made under it.  R.S.O. 1990, c. C.11, s. 29 (10). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 8 (1, 2), 37 - 31/03/2000 2001, c. 13, s. 5 (5) - 30/11/2001 2017, c. 14, Sched. 2, s. 3 - 01/01/2018 Special Needs Agreements Special needs agreements