jswizzle3737/ontario_laws_and_regs huggingface dataset:
43 (1) In this section,  “parent” includes, (a) an approved agency that has custody of the child, (b) a person who has care and control of the child. Warrant to apprehend runaway child (2) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to apprehend a child if the justice of the peace is satisfied on the basis of the sworn information of a parent of the child that, (a) the child is under the age of sixteen years; (b) the child has withdrawn from the parent’s care and control without the parent’s consent; and (c) the parent believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not apprehended. Idem (3) A person who apprehends a child under subsection (2) shall return the child to the child’s parent as soon as practicable and where it is not possible to return the child to the parent within a reasonable time, take the child to a place of safety. Notice to parent, etc. (4) The person in charge of a place of safety to which a child is taken under subsection (3) shall make reasonable efforts to notify the child’s parent that the child is in the place of safety so that the child may be returned to the parent. Where child not returned to parent within twelve hours (5) Where a child taken to a place of safety under subsection (3) cannot be returned to the child’s parent 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 (2) and not apprehended under subsection (2). Where custody enforcement proceedings more appropriate (6) A justice of the peace shall not issue a warrant under subsection (2) where a child has withdrawn from the care and control of one parent with the consent of another parent under circumstances where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate. No need to specify premises (7) It is not necessary in a warrant under subsection (2) to specify the premises where the child is located. Child protection proceedings (8) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child apprehended under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the parent, (a) the peace officer or child protection worker may take the child to a place of safety under subsection 40 (7); or (b) where the child has been taken to a place of safety under subsection (5), the child shall be dealt with as if the child had been taken there under subsection 40 (7).  R.S.O. 1990, c. C.11, s. 43. Power of Entry and Other Provisions for Special Cases of Apprehension
44 (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 41 (1) or 43 (2) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child.  R.S.O. 1990, c. C.11, s. 44 (1). Right of entry, etc. (2) A person authorized under subsection 41 (4) or (5) or 42 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.  R.S.O. 1990, c. C.11, s. 44 (2). Regulations re power of entry (3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 44 (3). Police assistance (4) A child protection worker acting under section 41 or 43 may call for the assistance of a peace officer.  R.S.O. 1990, c. C.11, s. 44 (4). Consent to examine child (5) A child protection worker who deals with a child under subsection 42 (3) or 43 (5) as if the child had been taken to a place of safety may authorize the child’s medical examination where a parent’s consent would otherwise be required.  R.S.O. 1990, c. C.11, s. 44 (5). Place of open temporary detention (6) Where a person who brings a child to a place of safety under section 41 or 42 believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child may be detained in a place of safety that is a place of open temporary detention as defined in Part IV (Youth Justice).  R.S.O. 1990, c. C.11, s. 44 (6); 2006, c. 19, Sched. D, s. 2 (8). Protection from personal liability (7) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 41, 42 or 43 or for an alleged neglect or default in the execution in good faith of that duty.  R.S.O. 1990, c. C.11, s. 44 (7). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (8) - 22/06/2006 Hearings and Orders
46 (1) As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 40 or subsection 79 (6) or a homemaker remains or is placed on premises under subsection 78 (2), (a) the matter shall be brought before a court for a hearing under subsection 47 (1) (child protection hearing); (b) the child shall be returned to the person who last had charge of the child or, where there is an order for the child’s custody that is enforceable in Ontario, to the person entitled to custody under the order; (c) a temporary care agreement shall be made under subsection 29 (1) of Part II (Voluntary Access to Services); or (d) an agreement shall be made under section 37.1 (agreements with 16 and 17 year olds). R.S.O. 1990, c. C.11, s. 46 (1); 2017, c. 14, Sched. 2, s. 8. Idem: place of open temporary detention (2) Within twenty-four hours after a child is brought to a place of safety that is a place of open temporary detention, or as soon thereafter as is practicable, the matter shall be brought before a court for a hearing and the court shall, (a) where it is satisfied that no less restrictive course of action is feasible, order that the child remain in the place of open temporary detention for a period or periods not exceeding an aggregate of thirty days and then be returned to the care and custody of the society; (b) order that the child be discharged from the place of open temporary detention and returned to the care and custody of the society; or (c) make an order under subsection 51 (2) (temporary care and custody).  R.S.O. 1990, c. C.11, s. 46 (2). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 2, s. 8 - 01/01/2018
46.1 As soon as practicable, but in any event within five days after a child who is 16 or 17 years old is brought to a place of safety with the child’s consent under section 40.1,  (a) the matter shall be brought before a court for a hearing under subsection 47 (1); or (b) the child shall be returned to the person entitled to custody of the child under an order made under this Part. 2017, c. 14, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 2, s. 9 - 01/01/2018
47 (1) Where an application is made under subsection 40 (1) or a matter is brought before the court to determine whether the child is in need of protection, the court shall hold a hearing to determine the issue and make an order under section 57. Child’s name, age, etc. (2) As soon as practicable, and in any event before determining whether a child is in need of protection, the court shall determine, (a) the child’s name and age; (b) the religious faith, if any, in which the child is being raised; (c) whether the child is an Indian or a native person and, if so, the child’s band or native community; and (d) where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed. (3) Repealed: 2017, c. 14, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 2, s. 10 - 01/01/2018
48 (1) In this section, “territorial jurisdiction” means a society’s territorial jurisdiction under subsection 15 (2).  R.S.O. 1990, c. C.11, s. 48 (1). Place of hearing (2) A hearing under this Part with respect to a child shall be held in the territorial jurisdiction in which the child ordinarily resides, except that, (a) where the child is brought to a place of safety before the hearing, the hearing shall be held in the territorial jurisdiction in which the place from which the child was removed is located; (b) where the child is in a society’s care under an order for society wardship under section 57 or an order for Crown wardship under section 57 or 65.2, the hearing shall be held in the society’s territorial jurisdiction; and (c) where the child is the subject of an order for society supervision under section 57 or 65.2, the hearing may be held in the society’s territorial jurisdiction or in the territorial jurisdiction in which the parent or other person with whom the child is placed resides.  R.S.O. 1990, c. C.11, s. 48 (2); 2006, c. 5, s. 7. Transfer of proceeding (3) Where the court is satisfied at any stage of a proceeding under this Part that there is a preponderance of convenience in favour of conducting it in another territorial jurisdiction, the court may order that the proceeding be transferred to that other territorial jurisdiction and be continued as if it had been commenced there.  R.S.O. 1990, c. C.11, s. 48 (3). Orders affecting society (4) The court shall not make an order placing a child in the care or under the supervision of a society unless the place where the court sits is within the society’s territorial jurisdiction.  R.S.O. 1990, c. C.11, s. 48 (4). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 7 (1, 2) - 30/11/2006
49 The court may, on its own initiative, summon a person to attend before it, testify and produce any document or thing, and may enforce obedience to the summons as if it had been made in a proceeding under the Family Law Act.  R.S.O. 1990, c. C.11, s. 49; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 Evidence
50 (1) Despite anything in the Evidence Act, in any proceeding under this Part, (a) the court may consider the past conduct of a person toward any child if that person is caring for or has access to or may care for or have access to a child who is the subject of the proceeding; and (b) any oral or written statement or report that the court considers relevant to the proceeding, including a transcript, exhibit or finding or the reasons for a decision in an earlier civil or criminal proceeding, is admissible into evidence.  1999, c. 2, s. 12. Evidence re disposition not admissible before finding (2) In a hearing under subsection 47 (1), evidence relating only to the disposition of the matter shall not be admitted before the court has determined that the child is in need of protection.  R.S.O. 1990, c. C.11, s. 50 (2). Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 12, section 50 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. 12, 37 - 31/03/2000
51.1 At any time during a proceeding under this Part, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceeding to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding.  2006, c. 5, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 9 - 30/11/2006
52 Where an application is made under subsection 40 (1) or a matter is brought before the court to determine whether a child is in need of protection and the determination has not been made within three months after the commencement of the proceeding, the court, (a) shall by order fix a date for the hearing of the application, and the date may be the earliest date that is compatible with the just disposition of the application; and (b) may give such directions and make such orders with respect to the proceeding as are just.  R.S.O. 1990, c. C.11, s. 52.
53 (1) Where the court makes an order under this Part, the court shall give, (a) a statement of any terms or conditions imposed on the order; (b) a statement of every plan for the child’s care proposed to the court; (c) a statement of the plan for the child’s care that the court is applying in its decision; and (d) reasons for its decision, including, (i) a brief statement of the evidence on which the court bases its decision, and (ii) where the order has the effect of removing or keeping the child from the care of the person who had charge of the child immediately before intervention under this Part, a statement of the reasons why the child cannot be adequately protected while in the person’s care. Idem (2) Clause (1) (b) does not require the court to identify a person with whom or a place where it is proposed that a child be placed for care and supervision.  R.S.O. 1990, c. C.11, s. 53. Assessments
55 Where a child is brought before the court on consent as described in clause 37 (2) (l), the court shall, before making an order under section 57 or 57.1 that would remove the child from the parent’s care and custody, (a) ask whether, (i) the society has offered the parent and child services that would enable the child to remain with the parent, and (ii) the parent and, where the child is twelve years of age or older, the child has consulted independent legal counsel in connection with the consent; and (b) be satisfied that, (i) the parent and, where the child is twelve years of age or older, the child understands the nature and consequences of the consent, (ii) every consent is voluntary, and (iii) the parent and, where the child is twelve years of age or older, the child consents to the order being sought.  R.S.O. 1990, c. C.11, s. 55; 2006, c. 5, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 11 - 30/11/2006
56 The court shall, before making an order under section 57, 57.1, 65 or 65.2, obtain and consider a plan for the child’s care prepared in writing by the society and including, (a) a description of the services to be provided to remedy the condition or situation on the basis of which the child was found to be in need of protection; (b) a statement of the criteria by which the society will determine when its wardship or supervision is no longer required; (c) an estimate of the time required to achieve the purpose of the society’s intervention; (d) where the society proposes to remove or has removed the child from a person’s care, (i) an explanation of why the child cannot be adequately protected while in the person’s care, and a description of any past efforts to do so, and (ii) a statement of what efforts, if any, are planned to maintain the child’s contact with the person; (e) where the society proposes to remove or has removed the child from a person’s care permanently, a description of the arrangements made or being made for the child’s long-term stable placement; and (f) a description of the arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.  R.S.O. 1990, c. C.11, s. 56; 2006, c. 5, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 12 (1, 2) - 30/11/2006
57.1 (1) Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 57 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons.  2006, c. 5, s. 14. Deemed to be order under Children’s Law Reform Act (2) An order made under subsection (1) and any access order under section 58 that is made at the same time as the order under subsection (1) shall be deemed to be made under section 28 of the Children’s Law Reform Act and the court, (a) may make any order under subsection (1) that the court may make under section 28 of that Act; and (b) may give any directions that it may give under section 34 of that Act.  2006, c. 5, s. 14. Restraining order (3) When making an order under subsection (1), the court may, without a separate application, make a restraining order in accordance with section 35 of the Children’s Law Reform Act.  2009, c. 11, s. 3. Same (4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act, and shall be treated for all purposes as if it had been made under that section.  2009, c. 11, s. 3. Appeal under s. 69 (5) Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 58 that is made at the same time as an order under subsection (1) are orders under this Part for the purposes of appealing from the orders under section 69.  2006, c. 5, s. 14. Conflict of laws (6) No order shall be made under this section if, (a) an order granting custody of the child has been made under the Divorce Act (Canada); or (b) in the case of an order that would be made by the Ontario Court of Justice, the order would conflict with an order made by a superior court.  2006, c. 5, s. 14. Application of s. 57 (3) (7) Subsection 57 (3) applies for the purposes of this section.  2006, c. 5, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 14 - 30/11/2006 2009, c. 11, s. 3 - 15/10/2009
57.2 If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding respecting custody of or access to the same child under the Children’s Law Reform Act is stayed except by leave of the court in the proceeding under that Act.  2006, c. 5, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 15 - 30/11/2006 Access
58 (1) The court may, in the child’s best interests, (a) when making an order under this Part; or (b) upon an application under subsection (2), make, vary or terminate an order respecting a person’s access to the child or the child’s access to a person, and may impose such terms and conditions on the order as the court considers appropriate.  R.S.O. 1990, c. C.11, s. 58 (1). Who may apply (2) Where a child is in a society’s care and custody or supervision, (a) the child; (b) any other person, including, where the child is an Indian or a native person, a representative chosen by the child’s band or native community; or (c) the society, may apply to the court at any time for an order under subsection (1).  R.S.O. 1990, c. C.11, s. 58 (2). Notice (3) An applicant referred to in clause (2) (b) shall give notice of the application to the society.  R.S.O. 1990, c. C.11, s. 58 (3). Idem (4) A society making or receiving an application under subsection (2) shall give notice of the application to, (a) the child, subject to subsections 39 (4) and (5) (notice to child); (b) the child’s parent; (c) the person caring for the child at the time of the application; and (d) 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. 58 (4). Child over sixteen (5) No order respecting access to a person sixteen years of age or more shall be made under subsection (1) without the person’s consent.  R.S.O. 1990, c. C.11, s. 58 (5). Six-month period (6) No application shall be made under subsection (2) by a person other than a society within six months of, (a) the making of an order under section 57; (b) the disposition of a previous application by the same person under subsection (2); (c) the disposition of an application under section 64 or 65.1; or (d) the final disposition or abandonment of an appeal from an order referred to in clause (a), (b) or (c), whichever is later.  R.S.O. 1990, c. C.11, s. 58 (6); 2006, c. 5, s. 16. No application where child placed for adoption (7) No person or society shall make an application under subsection (2) where the child, (a) is a Crown ward; (b) has been placed in a person’s home by the society or by a Director for the purpose of adoption under Part VII (Adoption); and (c) still resides in that person’s home.  R.S.O. 1990, c. C.11, s. 58 (7). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 16 - 30/11/2006
59 (1) Where an order is made under paragraph 1 or 2 of subsection 57 (1) removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact with him or her would not be in the child’s best interests.  R.S.O. 1990, c. C.11, s. 59 (1). Access after custody order under s. 57.1 (1.1) If a custody order is made under section 57.1 removing a child from the person who had charge of the child immediately before intervention under this Part, the court shall make an order for access by the person unless the court is satisfied that continued contact will not be in the child’s best interests.  2006, c. 5, s. 17 (1). Access after supervision order or custody order under s. 65.2 (1) (1.2) If an order is made for supervision under clause 65.2 (1) (a) or for custody under clause 65.2 (1) (b), the court shall make an order for access by every person who had access before the application for the order was made under section 65.1, unless the court is satisfied that continued contact will not be in the child’s best interests.  2006, c. 5, s. 17 (1). Termination of access to Crown ward (2) Where the court makes an order that a child be made a ward of the Crown, any order for access made under this Part with respect to the child is terminated.  2006, c. 5, s. 17 (2). Access:  Crown ward (2.1) A court shall not make or vary an access order made under section 58 with respect to a Crown ward unless the court is satisfied that, (a) the relationship between the person and the child is beneficial and meaningful to the child; and (b) the ordered access will not impair the child’s future opportunities for adoption.  2006, c. 5, s. 17 (2). Termination of access: Crown ward (3) The court shall terminate an access order with respect to a Crown ward if, (a) the order is no longer in the best interests of the child; or (b) the court is no longer satisfied that the requirements set out in clauses (2.1) (a) and (b) are satisfied.  1999, c. 2, s. 16; 2006, c. 5, s. 17 (3). Society may permit contact or communication (4) If a society believes that contact or communication between a person and a Crown ward is in the best interests of the Crown ward and no openness order under Part VII or access order is in effect with respect to the person and the Crown ward, the society may permit contact or communication between the person and the Crown ward.  2006, c. 5, s. 17 (4). Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 16, section 59 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. 16, 37 - 31/03/2000 2006, c. 5, s. 17 (1-4) - 30/11/2006
59.1 No order for access under section 58 is subject to review under this Act if it is made at the same time as a custody order under section 57.1, but it may be the subject of an application under section 21 of the Children’s Law Reform Act
and the provisions of that Act apply as if the order had been made under that Act.  2006, c. 5, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 18 - 30/11/2006
59.2 If a society has applied to a court for an order under this Act respecting access to a child by a parent of the child and the court makes the order, the court shall specify in the order the supervision to which the access is subject if, at the time of making the order, the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child, unless the court considers it appropriate not to make the access subject to such supervision.  2006, c. 24, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 24, s. 1 - 19/10/2006 Payment Orders
60 (1) Where the court places a child in the care of, (a) a society; or (b) a person other than the child’s parent, subject to a society’s supervision, the court may order a parent or a parent’s estate to pay the society a specified amount at specified intervals for each day the child is in the society’s care or supervision. Criteria (2) In making an order under subsection (1), the court shall consider those of the following circumstances of the case that the court considers relevant: 1. The assets and means of the child and of the parent or the parent’s estate. 2. The child’s capacity to provide for his or her own support. 3. The capacity of the parent or the parent’s estate to provide support. 4. The child’s and the parent’s age and physical and mental health. 5. The child’s mental, emotional and physical needs. 6. Any legal obligation of the parent or the parent’s estate to provide support for another person. 7. The child’s aptitude for and reasonable prospects of obtaining an education. 8. Any legal right of the child to support from another source, other than out of public money. Order ends at eighteen (3) No order made under subsection (1) shall extend beyond the day on which the child attains the age of eighteen years. Power to vary (4) The court may vary, suspend or terminate an order made under subsection (1) where the court is satisfied that the circumstances of the child or parent have changed. Collection by municipality (5) The council of a municipality may enter into an agreement with the board of directors of a society providing for the collection by the municipality, on the society’s behalf, of the amounts ordered to be paid by a parent under subsection (1).  R.S.O. 1990, c. C.11, s. 60 (1-5). Enforcement (6) An order made against a parent under subsection (1) may be enforced as if it were an order for support made under Part III of the Family Law Act.  R.S.O. 1990, c. C.11, s. 60 (6); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 Society and Crown Wardship
62 (1) Where a child is made a society ward under paragraph 2 of subsection 57 (1), the society may consent to and authorize medical treatment for the child where a parent’s consent would otherwise be required, unless the court orders that the parent shall retain any right that he or she may have to give or refuse consent to medical treatment for the child. Idem (2) The court shall not make an order under subsection (1) where failure to consent to necessary medical treatment was a ground for finding that the child was in need of protection. Court order (3) Where a parent referred to in an order made under subsection (1) refuses or is unavailable or unable to consent to medical treatment for the child and the court is satisfied that the treatment would be in the child’s best interests, the court may authorize the society to consent to the treatment. Consent to child’s marriage (4) Where a child is made a society ward under paragraph 2 of subsection 57 (1), the child’s parent retains any right that he or she may have under the Marriage Act to give or refuse consent to the child’s marriage.  R.S.O. 1990, c. C.11, s. 62. Custodianship of wards
63 (1) Where a child is made a Crown ward under paragraph 3 of subsection 57 (1) or under subsection 65.2 (1), the Crown has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control and has the right to give or refuse consent to medical treatment for the child where a parent’s consent would otherwise be required, and the Crown’s powers, duties and obligations in respect of the child, except those assigned to a Director by this Act or the regulations, shall be exercised and performed by the society caring for the child.  R.S.O. 1990, c. C.11, s. 63 (1); 2006, c. 5, s. 20. Society custodian of society wards (2) Where a child is made a society ward under paragraph 2 of subsection 57 (1), the society has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control.  R.S.O. 1990, c. C.11, s. 63 (2). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 20 - 30/11/2006
63.1 Where a child is made a Crown ward, the society shall make all reasonable efforts to assist the child to develop a positive, secure and enduring relationship within a family through one of the following: 1. An adoption. 2. A custody order under subsection 65.2 (1). 3. In the case of a child who is an Indian or native person, a plan for customary care as defined in Part X.  2006, c. 5, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 21 - 30/11/2006 Review
64 (1) This section applies where a child is the subject of an order under subsection 57 (1) for society supervision or society wardship.  2006, c. 5, s. 22. Society to seek status review (2) The society having care, custody or supervision of a child, (a) may apply to the court at any time for a review of the child’s status; (b) shall apply to the court for a review of the child’s status before the order expires, unless the expiry is by reason of subsection 71 (1); and (c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child from the care of a person with whom the child was placed under an order for society supervision.  2006, c. 5, s. 22. Application of cl. (2) (a) and (c) (3) If a child is the subject of an order for society supervision, clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district in which the parent or other person with whom the child is placed resides.  2006, c. 5, s. 22. Others may seek status review (4) An application for review of a child’s status may be made on notice to the society by, (a) the child, if the child is at least 12 years of age; (b) a parent of the child; (c) the person with whom the child was placed under an order for society supervision; or (d) a representative chosen by the child’s band or native community, if the child is an Indian or native person.  2006, c. 5, s. 22. Notice (5) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to, (a) the child, except as otherwise provided under subsection 39 (4) or (5); (b) the child’s parent; (c) the person with whom the child was placed under an order for society supervision; (d) any foster parent who has cared for the child continuously during the six months immediately before the application; and (e) a representative chosen by the child’s band or native community, if the child is an Indian or native person.  2006, c. 5, s. 22. Six-month period (6) No application shall be made under subsection (4) within six months after the latest of, (a) the day the original order was made under subsection 57 (1); (b) the day the last application by a person under subsection (4) was disposed of; or (c) the day any appeal from an order referred to in clause (a) or the disposition referred to in clause (b) was finally disposed of or abandoned.  2006, c. 5, s. 22. Exception (7) Subsection (6) does not apply if the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out.  2006, c. 5, s. 22. Interim care and custody (8) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.  2006, c. 5, s. 22. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 18 - 31/03/2000 2006, c. 5, s. 22 - 30/11/2006
65 (1) Where an application for review of a child’s status is made under section 64, the court may, in the child’s best interests, (a) vary or terminate the original order made under subsection 57 (1), including a term or condition or a provision for access that is part of the order; (b) order that the original order terminate on a specified future date; (c) make a further order or orders under section 57; or (d) make an order under section 57.1.  R.S.O. 1990, c. C.11, s. 65 (1); 2006, c. 5, s. 23 (1). (2) Repealed:  2006, c. 5, s. 23 (2). (3) Repealed:  1999, c. 2, s. 19. Note:  Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 19, subsection (3) of this section, 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. 19, 37 - 31/03/2000 2006, c. 5, s. 23 (1, 2) - 30/11/2006
65.2 (1) If an application for review of a child’s status is made under section 65.1, the court may, in the child’s best interests, (a) order that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months; (b) order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons; (c) order that the child be made a ward of the Crown until wardship is terminated under this section or expires under subsection 71 (1); or (d) terminate or vary any order made under section 57 or this section.  2006, c. 5, s. 24. Variation, etc. (2) When making an order under subsection (1), the court may, subject to section 59, vary or terminate an order for access or make a further order under section 58.  2006, c. 5, s. 24. Same (3) Any previous order for Crown wardship is terminated if an order described in clause (1) (a) or (b) is made in respect of a child.  2006, c. 5, s. 24. Terms and conditions of supervision order (4) If the court makes a supervision order described in clause (1) (a), the court may impose, (a) reasonable terms and conditions relating to the child’s care and supervision; (b) reasonable terms and conditions on the child’s parent, the person who will have care and custody of the child under the order, the child and any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and (c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services.  2006, c. 5, s. 24. Access (5) Section 59 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c).  2006, c. 5, s. 24. Custody proceeding (6) Where an order is made under this section or a proceeding is commenced under this Part, any proceeding respecting custody of or access to the same child under the Children’s Law Reform Act is stayed except by leave of the court in the proceeding under that Act.  2006, c. 5, s. 24. Rights and responsibilities (7) A person to whom custody of a child is granted by an order under this section has the rights and responsibilities of a parent in respect of the child and must exercise those rights and responsibilities in the best interests of the child.  2006, c. 5, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 24 - 30/11/2006
66 (1) A Director or a person authorized by a Director shall, at least once during each calendar year, review the status of every child, (a) who is a Crown ward; (b) who was a Crown ward throughout the immediately preceding twenty-four months; and (c) whose status has not been reviewed under this section or under section 65.2 during that time.  R.S.O. 1990, c. C.11, s. 66 (1); 2006, c. 5, s. 25 (1). Idem (2) After a review under subsection (1), the Director may direct the society to make an application for review of the child’s status under subsection 65 (1) or give any other direction that, in the Director’s opinion, is in the child’s best interests.  R.S.O. 1990, c. C.11, s. 66 (2); 2006, c. 5, s. 25 (2). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 25 (1, 2) - 30/11/2006
67 (1) The Minister may appoint a judge of the Court of Ontario to investigate a matter relating to a child in a society’s care or the proper administration of this Part, and a judge who is appointed shall conduct the investigation and make a written report to the Minister.  R.S.O. 1990, c. C.11, s. 67 (1); 1999, c. 2, s. 20. Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an investigation by a judge under subsection (1).  2009, c. 33, Sched. 6, s. 45. Section Amendments with date in force (d/m/y) 1999, c. 2, s. 20 - 31/03/2000 2009, c. 33, Sched. 6, s. 45 - 01/06/2011
68.1 (1) If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,  (a) decide not to make the complaint to the society under section 68 and make the complaint directly to the Board under this section; or (b) where the person first makes the complaint to the society under section 68, submit the complaint to the Board before the society’s complaint review procedure is completed.  2006, c. 5, s. 26. Notice to society (2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 68, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate.  2006, c. 5, s. 26. Complaint to Board (3) A complaint to the Board under this section shall be made in accordance with the regulations.  2006, c. 5, s. 26. Matters for Board review (4) The following matters may be reviewed by the Board under this section: 1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 68 (1) as required under subsection 68 (2). 2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation. 3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints. 4. Allegations that the society has failed to comply with clause 2 (2) (a). 5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests. 6. Such other matters as may be prescribed.  2006, c. 5, s. 26. Review by Board (5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter.  2006, c. 5, s. 26. Application (6) Subsections 68 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.  2006, c. 5, s. 26. Board decision (7) After reviewing the complaint, the Board may, (a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation; (b) order the society to provide a response to the complainant within a period specified by the Board; (c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act; (d) order the society to provide written reasons for a decision to a complainant; (e) dismiss the complaint; or (f) make such other order as may be prescribed.  2006, c. 5, s. 26. No review if matter within purview of court (8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint, (a) is an issue that has been decided by the court or is before the court; or (b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.  2006, c. 5, s. 26. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 26 - 30/11/2006 Appeals
69 (1) An appeal from a court’s order under this Part may be made to the Superior Court of Justice by, (a) the child, if the child is entitled to participate in the proceeding under subsection 39 (6) (child’s participation); (b) any parent of the child; (c) the person who had charge of the child immediately before intervention under this Part; (d) a Director or local director; or (e) 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. 69 (1); 1999, c. 2, s. 35. Exception (2) Subsection (1) does not apply to an order for an assessment under section 54.  R.S.O. 1990, c. C.11, s. 69 (2). Care and custody pending appeal (3) Where a decision regarding the care and custody of a child is appealed under subsection (1), execution of the decision shall be stayed for the ten days immediately following service of the notice of appeal on the court that made the decision, and where the child is in the society’s custody at the time the decision is made, the child shall remain in the care and custody of the society until, (a) the ten-day period of the stay has expired; or (b) an order is made under subsection (4), whichever is earlier.  R.S.O. 1990, c. C.11, s. 69 (3). Temporary order (4) The Superior Court of Justice may, in the child’s best interests, make a temporary order for the child’s care and custody pending final disposition of the appeal, except an order placing the child in a place of secure custody as defined in Part IV (Youth Justice) or a place of secure temporary detention as defined in that Part that has not been designated as a place of safety, and the court may, on any party’s motion before the final disposition of the appeal, vary or terminate the order or make a further order.  R.S.O. 1990, c. C.11, s. 69 (4); 1999, c. 2, s. 35; 2006, c. 19, Sched. D, s. 2 (10). No extension where child placed for adoption (5) No extension of the time for an appeal shall be granted where the child has been placed for adoption under Part VII (Adoption).  R.S.O. 1990, c. C.11, s. 69 (5). Further evidence (6) The court may receive further evidence relating to events after the appealed decision.  R.S.O. 1990, c. C.11, s. 69 (6). Place of hearing (7) An appeal under this section shall be heard in the county or district in which the order appealed from was made.  R.S.O. 1990, c. C.11, s. 69 (7). s. 45 applies (8) Section 45 (hearings private, etc.) applies with necessary modifications to an appeal under this section.  R.S.O. 1990, c. C.11, s. 69 (8). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 2006, c. 19, Sched. D, s. 2 (10) - 22/06/2006 Expiry of Orders
71 (1) An order under this Part expires when the child who is the subject of the order, (a) attains the age of eighteen years; or (b) marries, whichever comes first.  R.S.O. 1990, c. C.11, s. 71 (1). (2) Repealed:  2006, c. 5, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 27 - 30/11/2006 Extended Care
71.1 (1) A society may provide care and maintenance to a person in accordance with the regulations if, (a) a custody order under subsection 65.2 (1) or an order for Crown wardship was made in relation to that person as a child; and (b) the order expires under section 71.  2006, c. 5, s. 28. Same (1.1) A society may provide care and maintenance to a person in accordance with the regulations if, (a) the person entered into an agreement with the society under section 37.1 (agreements with 16 and 17 year olds); and (b) the agreement expired on the person’s eighteenth birthday. 2017, c. 14, Sched. 2, s. 12. Same, Indian and native person (2) A society or agency may provide care and maintenance in accordance with the regulations to a person who is an Indian or native person who is 18 years of age or more if, (a) immediately before the person’s 18th birthday, he or she was being cared for under customary care as defined in section 208; and (b) the person who was caring for the child was receiving a subsidy from the society or agency under section 212.  2006, c. 5, s. 28. Same, prescribed support services (3) A society or agency may provide care and maintenance in accordance with the regulations to a person who is 18 years of age or more if, when the person was 16 or 17 years of age, he or she was eligible for support services prescribed by the regulations, whether or not he or she was receiving such support services.  2011, c. 12, s. 1. Resuming receipt (4) Subject to the terms and conditions in this section, a person who chooses to stop receiving care and maintenance under this section may choose to resume receiving it.  2011, c. 12, s. 1. Same (5) Subsection (4) applies where the person has chosen to stop receiving care and maintenance on one occasion or, at the discretion of the society or agency providing the care and maintenance, on more than one occasion.  2011, c. 12, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 28 - 30/11/2006 2011, c. 12, s. 1 - 01/09/2011 2017, c. 14, Sched. 2, s. 12 - 01/01/2018 Duty to Report
72.1 (1) A society that obtains information that a child in its care and custody is or may be suffering or may have suffered abuse shall forthwith report the information to a Director.  1999, c. 2, s. 23 (1). Definition (2) In this section and sections 73 and 75, “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).  1999, c. 2, s. 23 (1). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 23 (1) - 31/03/2000; 1999, c. 2, s. 23 (2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
72.2 A person or society that obtains information that a child has died shall report the information to a coroner if, (a) a court made an order under this Act denying access to the child by a parent of the child or making the access subject to supervision; (b) on the application of a society, a court varied the order to grant the access or to make it no longer subject to supervision; and (c) the child subsequently died as a result of a criminal act committed by a parent or family member who had custody or charge of the child at the time of the act.  2006, c. 24, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 24, s. 1 - 19/10/2006 Review Teams