Child, Youth and Family Services Act, 2017

The Government of Ontario acknowledges that children are individuals with rights to be respected and voices to be heard. The Government of Ontario is committed to the following principles: Services provided to children and families should be child-centred. Children and families have better outcomes when services build on their strengths. Prevention services, early intervention services and community support services build on a family’s strengths and are invaluable in reducing the need for more disruptive services and interventions. Services provided to children and families should respect their diversity and the principle of inclusion, consistent with the Human Rights Code and the Canadian Charter of Rights and Freedoms. Systemic racism and the barriers it creates for children and families receiving services must continue to be addressed. All children should have the opportunity to meet …

PART I purposes and interpretation

Purposes Paramount purpose and other purposes

1 (1) The paramount purpose of this Act is to promote the best interests, protection and well-being of children. Other purposes (2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well-being of children, are to recognize the following: 1. While parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent. 2. The least disruptive course of action that is available and is appropriate in a particular case to help a child, including the provision of prevention services, early intervention services and community support services, should be considered. 3. Services to children and young persons should be provided in a manner that, i. respects a child’s or young person’s need for continuity of care and…

Interpretation Interpretation

2 (1) In this Act, “agency” means a corporation; (“agence”) “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Board” means the Child and Family Services Review Board continued under section 333; (“Commission”) “child” means a person younger than 18; (“enfant”) “child in care” means a child or young person who is receiving residential care 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 Youth Criminal Justice Act (Canada), (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 Youth Criminal Justice Act (Canada) or otherwise, or (iii) held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “e…

part II children’s and Young Persons’ rights

Rights of Children and Young Persons Receiving Services

3 Every child and young person receiving services under this Act has the following rights: 1. To express their own views freely and safely about matters that affect them. 2. To be engaged through an honest and respectful dialogue about how and why decisions affecting them are made and to have their views given due weight, in accordance with their age and maturity. 3. To be consulted on the nature of the services provided or to be provided to them, to participate in decisions about the services provided or to be provided to them and to be advised of the decisions made in respect of those services. 4. To raise concerns or recommend changes with respect to the services provided or to be provided to them without interference or fear of coercion, discrimination or reprisal and to receive a response to their concerns or recommended changes. 5. To be informed, in language suitable to their unde…

4 No service provider or foster parent shall inflict corporal punishment on a child or young person or permit corporal punishment to be inflicted on a child or young person in the course of the provision of a service to the child or young person.

5 No service provider or foster parent shall detain a child or young person or permit a child or young person to be detained in locked premises in the course of the provision of a service to the child or young person, except as Part VI (Youth Justice) and Part VII (Extraordinary Measures) authorize.

6 No service provider or foster parent shall use or permit the use of physical restraint on a child or young person for whom the service provider or foster parent is providing services, except as the regulations authorize.

7 No service provider or foster parent shall use or permit the use of mechanical restraints on a child or young person for whom the service provider or foster parent is providing services, except as Part VI (Youth Justice), Part VII (Extraordinary Measures) and the regulations authorize.

Offences

7.1 (1) A person is guilty of an offence if the person contravenes, (a) section 4 (corporal punishment prohibited); (b) section 5 (detention restricted); (c) section 6 (physical restraint restricted); (d) section 7 (mechanical restraints restricted). 2024, c. 17, s. 1. Penalty (2) A person convicted of an offence under subsection (1) is liable to, (a) a fine of not more than $250,000 or imprisonment for a term of not more than one year or both, in the case of an individual; or (b) a fine of not more than $250,000 if the person is not an individual. 2024, c. 17, s. 1. Limitation (3) A proceeding in respect of an offence under subsection (1) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director, program supervisor or inspector. 2024, c. 17, s. 1. Directors, officers, employees (4) If a corporation commits an of…

Rights of Children in Care

8 (1) For greater certainty, the rights under section 3 of a child in care apply to decisions affecting them, including decisions with respect to, (a) the child’s or young person’s treatment, education or training or work programs; (b) the child’s or young person’s creed, community identity and cultural identity; and (c) the child’s or young person’s placement in or discharge from a residential placement or transfer to another residential placement. Views to be given due weight (2) The child’s or young person’s views with respect to the decisions described in subsection (1) shall be given due weight, in accordance with the child’s or young person’s age and maturity as required by paragraph 2 of section 3.

9 Upon admission to a residential placement, and at regular intervals thereafter, or, where intervals are prescribed, at the prescribed intervals thereafter, a child in care has a right to be informed, in language suitable to their understanding, of, (a) their rights under this Part; (b) the complaints procedures established under subsection 18 (1) and the further review available under section 19; (c) the review procedures available for children under sections 64, 65 and 66; (d) the review procedures available under section 152, in the case of a young person described in clause (b) of the definition of “child in care” in subsection 2 (1); (e) their responsibilities while in the placement; and (f) the rules governing day-to-day operation of the residential care, including disciplinary procedures.

9.1 A child in care has a right to be informed in language suitable to their understanding, of the information described in subsection 14.0.1 (1) of the Ombudsman Act. 2024, c. 17, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 17, s. 2 - 01/07/2024

10 (1) A child in care has a right, (a) to speak in private with, visit and receive visits from members of their family or extended family regularly, subject to subsection (2); (b) without unreasonable delay, to speak in private with and receive visits from, (i) their lawyer, (ii) another person representing the child or young person, (iii) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, and (iv) a member of the Legislative Assembly of Ontario or of the Parliament of Canada; and (c) to send and receive written communications that are not read, examined or censored by another person, subject to subsections (3) and (4). 2017, c. 14, Sched. 1, s. 10 (1); 2018, c. 17, Sched. 34, s. 6 (2). When child is in extended society care (2) A child in care who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1)…

11 (1) A service provider may impose such conditions and limitations on 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. 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. Limited exception (3) Despite subsection (2), the service provider may not suspend visits from, (a) Repealed: 2018, c. 17, Sched. 3…

12 A child in care has a right, (a) to have reasonable privacy and possession of their own personal property, subject to section 155; and (b) to receive instruction and participate in activities of their choice related to their creed, community identity and cultural identity, subject to section 14.

13 (1) A child in care has a right to a plan of care designed to meet their particular needs, which shall be prepared within 30 days of the child’s or young person’s admission to the residential placement. Rights to care (2) A child in care has a right, (a) to participate in the development of their individual plan of care and in any changes made to it; (b) to have access to food that is of good quality and appropriate for the child or young person, including meals that are well balanced; (c) to be provided with clothing that is of good quality and appropriate for the child or young person, given their size and activities and prevailing weather conditions; (d) to receive medical and dental care, subject to section 14, at regular intervals and whenever required, in a community setting whenever possible; (e) to receive an education that corresponds to their aptitudes and abilities, in a co…

14 Subject to subsection 94 (7) and sections 110 and 111 (custody during adjournment, interim and extended society care), the parent of a child in care retains any right that the parent may have, (a) to direct the child’s or young person’s education and upbringing, in accordance with the child’s or young person’s creed, community identity and cultural identity; and (b) to consent to treatment on behalf of an incapable child or young person, if the parent is the child’s or young person’s substitute decision-maker in accordance with section 20 of the Health Care Consent Act, 1996.

Service Providers’ Duties in respect of Children’s and Young Persons’ Rights

15 (1) Service providers shall respect the rights of children and young persons as set out in this Act. Children, young persons to be heard and represented (2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving. Exception (3) Subsection (2) does not apply to a child or young person or parent of a child or young person if there is good cause for not giving that person an opportunity to be heard or represented as described in that subsection. Criteria and safeguards re decisions (4) Service providers shall ensure that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to appropriate…

15.1 (1) A society or a licensee whose licence is issued under Part IX shall provide the information described in subsection 14.0.1 (1) of the Ombudsman Act to a child or young person when, (a) the society or licensee begins to provide a service to the child or young person; or (b) the child or young person makes a complaint under clause 18 (1) (a) or (b) or when the child or young person requests a further review of the complaint under subsection 19 (1) once the review by the society or licensee is completed. 2025, c. 12, Sched. 1, s. 1. Societies (2) A society shall provide the information described in subsection 14.0.1 (1) of the Ombudsman Act to, (a) a child when, (i) the child requests that the society support them through a written agreement for services and supports under subsection 77 (1), (ii) the child enters into an agreement made under subsection 77 (1) or renews such an agre…

16 Service providers shall, where appropriate, make services to children and young persons and their families available in the French language.

Alternative Dispute Resolution

17 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care. First Nations, Inuk or Métis child (2) If the issue referred to in subsection (1) relates to a First Nations, Inuk or Métis child, the society shall consult with a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities to determine whether an alternative dispute resolution process established by the bands and communities or another prescribed alternative dispute resolution process could assist in resolving the issue. Children’s Lawyer (3) If a society or a person, including a child, who is receiving child welfare services proposes that an alternative dispute resolution method or process referred to in subs…

Complaints and Reviews

18 (1) A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall establish a written procedure, in accordance with the regulations, for hearing and dealing with, (a) complaints regarding alleged violations of the rights under this Part of children in care; and (b) complaints by children in care or other persons affected by conditions or limitations imposed on visitors under subsection 11 (1) or suspensions of visits under subsection 11 (2). (2) Repealed: 2018, c. 17, Sched. 34, s. 6 (5). Review of complaint (3) A service provider shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under clause (1) (a) or (b), on the complaint of, (a) a child in care or a group of children in care; (b) the parent of a child in care who makes a complaint; (c) ano…

19 (1) Where a person referred to in subsection 18 (3) makes a complaint, whether as an individual or as part of a group, and is not satisfied with the results of the review conducted under that subsection and 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. Same (2) A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may 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 53 (2). Review and report within 30 days (5) A person appointed under subs…

20 (1) Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 19 (5), the Minister shall advise the service provider and each person who made the complaint, whether as an individual or as part of a group, 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.

Consent and Voluntary Services

21 (1) In this section, “capacity” means the capacity to understand and appreciate the nature of a consent or agreement and the consequences of giving, withholding or withdrawing the consent or making, not making or terminating the agreement; (“jouit de toutes ses facultés mentales”) “nearest relative”, when used in reference to a person who is younger than 16, means the person with lawful custody of the person, and when used in reference to a person who is 16 or older, means the person who would be authorized to give or refuse consent to a treatment on the person’s behalf under the Health Care Consent Act, 1996 if the person were incapable with respect to the treatment under that Act. (“membre de la parenté le plus proche”) Elements of valid consent or agreement, etc. (2) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is v…

22 (1) Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. Consent to residential care: child younger than 16 or in society’s care (2) A service provider may provide residential care to a child, (a) if the child is younger than 16, with the consent of the child’s parent; and (b) if the child is in a society’s lawful custody, with the society’s consent, except where this Act provides otherwise. Exception — Part VI (3) Subsections (1) and (2) do not apply where a service is provided to a young person under Part VI (Youth Justice). Discharge from residential placement (4) A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) may only be discharged from the pl…

23 (1) A service provider may provide a counselling service to a child who is 12 or older with the child’s consent, and no other person’s consent is required, but if the child is younger than 16, the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent. Application of Health Care Consent Act, 1996 (2) If the counselling service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of subsection (1).

PART III funding and accountability

24 In this Part, “lead agency” means an entity designated as a lead agency under subsection 30 (1).

Funding of Services and Lead Agencies

25 The Minister may, (a) provide services; (b) establish, operate and maintain premises for the provision of services; (c) provide funding, pursuant to agreements, to persons, agencies, municipalities, organizations and other prescribed entities, (i) for the provision or coordination of services by them, (ii) for the acquisition, maintenance or operation of premises used for the provision or coordination of services, (iii) for the establishment of advisory groups or committees with respect to services, (iv) for research, evaluation, planning, development, co-ordination or redesign with respect to services, (v) for any other prescribed purpose; and (d) provide funding, pursuant to agreements, to lead agencies with respect to the performance of the functions referred to in subsection 30 (5).

26 The Minister may provide services and provide funding pursuant to agreements for the provision of services to persons who are not children, and to their families, as if those persons were children.

27 The Minister may appoint members to a Minister’s advisory committee, established by order of the Lieutenant Governor in Council, to advise the Minister on child and family well-being.

28 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, charge, caution, registration of agreement or in such other manner as the Minister determines.

29 No service provider or lead agency shall transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations or any term of an agreement with the Minister. Lead agencies

30 (1) The Minister may designate an entity as a lead agency. Conditions of designation (2) The Minister may impose conditions on a designation made under this section and may at any time amend or remove the conditions or impose new ones. Revocation of designation (3) The Minister may revoke a designation made under this section. Categories of lead agencies (4) The Minister may assign lead agencies to different lead agency categories established by the regulations. Functions of lead agencies (5) Every lead agency shall perform the functions assigned to the lead agency’s category by the regulations. List of lead agencies and categories (6) The Minister shall maintain a list of lead agencies and their categories. Public availability (7) The Minister shall make the list available to the public.

31 No service provider shall place a child in a residential placement except in accordance with this Act, the regulations and the directives issued under this Act.

Directives and Compliance Orders (Lead Agencies and Service Providers) Directives by Minister

32 (1) This section and section 33 do not apply in respect of, (a) licensees under Part IX (Residential Licensing), when acting in their capacity as licensees under that Part; or (b) societies, when performing their functions under subsection 35 (1). Directives (2) The Minister may issue directives to service providers and lead agencies with respect to any prescribed matter. Binding (3) Every service provider and lead agency shall comply with every directive issued to it under this section. General or particular (4) A directive may be general or particular in its application. Law prevails (5) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails. Public availability (6) The Minister shall make every directive under this section available to the pub…

33 (1) A program supervisor may make an order under subsection (2) if the program supervisor believes on reasonable grounds that a service provider or lead agency has failed to comply with, (a) this Act or the regulations; (b) a directive issued under section 32; (c) in the case of a service provider, an agreement referred to in clause 25 (c) or section 26; or (d) in the case of a lead agency, (i) an agreement referred to in clause 25 (d); (ii) a condition imposed on the lead agency’s designation under subsection 30 (2), or (iii) subsection 30 (5) (functions of lead agencies). Order (2) For the purposes of subsection (1), a program supervisor may issue an order to the service provider or lead agency that requires either or both of the following: 1. That the service provider or lead agency do anything, or refrain from doing anything, to achieve compliance within the time period specified …

Children’s Aid Societies Children’s aid society

34 (1) The Minister may designate an agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions of a society set out in subsection 35 (1). Conditions on designation (2) For any or all of the functions of a society set out in subsection 35 (1), the Minister may impose conditions on the designation and may at any time amend or remove the conditions or impose new ones. Amendment of designation (3) The Minister may at any time amend a designation to provide that the society is no longer designated for a particular function or functions set out in subsection 35 (1) or to alter the society’s territorial jurisdiction. Society deemed to be a local board (4) A society is deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the Municipal C…

35 (1) The functions of a children’s aid society are to, (a) investigate allegations or evidence that children may be in need of protection; (b) protect children where necessary; (c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children; (d) provide care for children assigned or committed to its care under this Act; (e) supervise children assigned to its supervision under this Act; (f) place children for adoption under Part VIII (Adoption and Adoption Licensing); and (g) perform any other duties given to it by this Act or the regulations or any other Act. Prescribed standards, etc. (2) A society shall, (a) provide the prescribed standard of services in its performance of its functions; and (b) follow the prescribed procedures and practices. Governance matters

36 (1) A society that provides services to First Nations, Inuit or Métis children and families shall have the prescribed number of First Nations, Inuit or Métis representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms. Employee may not sit on board (2) An employee of a society shall not be a member of the society’s board. By-laws (3) The by-laws of a society shall include any provisions that are prescribed. Note: On a day to be named by order of the Lieutenant Governor in Council, section 36 of the Act is amended by adding the following subsection: (See: 2025, c. 12, Sched. 1, s. 2) Review and posting of by-laws (4) Subject to the regulations, a society shall, (a) review its by-laws, as required by and in accordance with the regulations, and update them in accordance with the results of the review; and (b) make its by-laws available to th…

37 No action shall be instituted against a member of the board of directors or an officer or employee of a society for any act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in good faith in the execution of that duty.

38 Every society shall appoint a local director with the prescribed qualifications, powers and duties.

39 For the purposes of Part V (Child Protection), a local director may designate a place as a place of safety and may designate a class of places as places of safety.

Funding and Accountability Agreements Funding

40 (1) The Minister shall pay to every society, out of money appropriated for the purpose by the Legislature, an amount determined in accordance with the regulations. Manner of payment (2) An amount payable to a society under subsection (1), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister.

41 (1) Every society shall enter into an accountability agreement with the Minister as a condition of receiving funding. Term (2) The term of an accountability agreement shall be for at least one of the Ministry’s fiscal years but may be for a longer term specified by the Minister. Board approval (3) The society’s board of directors shall approve the accountability agreement before the society enters into the agreement. Content (4) An accountability agreement must include a requirement that the society operate within its approved budget allocation and any other prescribed terms. If no agreement (5) If the Minister and a society cannot agree on the terms of an accountability agreement by a date determined by the Minister, the Minister may set the terms of the agreement. Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following se…

41.1 Subject to the regulations, a society shall not, without the Minister’s approval, enter into an agreement with respect to a financial transaction or enter into a financial arrangement if the financial transaction or financial arrangement is one that is deemed by the regulations to impact on a society’s ability to operate within its approved budget allocation. 2025, c. 12, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 12, Sched. 1, s. 3 – not in force

Directives and Compliance Orders (Societies)

42 (1) The Minister may issue directives to societies, including directives with respect to financial and administrative matters and the performance of their functions under subsection 35 (1). Binding (2) A society shall comply with every directive issued to it under this section. General or particular (3) A directive may be general or particular in its application. Law prevails (4) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails. Public availability (5) The Minister shall make every directive under this section available to the public. Non-application of Legislation Act, 2006 (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section. Compliance order

43 (1) A Director may make an order under subsection (2) if the Director believes on reasonable grounds that a society has failed to comply with, (a) this Act or the regulations; (b) a condition imposed on the society’s designation under subsection 34 (2); (c) an accountability agreement entered into under section 41; or (d) a directive issued under section 42. Order (2) For the purposes of subsection (1), a Director may issue an order to the society that requires either or both of the following: 1. That the society do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order. 2. That the society prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance. Compliance required (3) A society served with an order under this section shall comply with the order within the time specified in it…

Minister’s Powers Powers of Minister

44 (1) The Minister may exercise a power set out in subsection (3) if, (a) a society has failed to comply with a compliance order made under section 43 within the time specified in it; or (b) the Minister considers it to be in the public interest to do so. Public interest (2) In considering the public interest under clause (1) (b), the Minister may consider any matter the Minister regards as relevant including, (a) the quality of the financial and operational management of the society; (b) the society’s capabilities with respect to its corporate governance; and (c) the quality of services provided by the society. Powers (3) For the purposes of subsection (1), the Minister may do one or more of the following: 1. Order that the society cease a particular activity or take other corrective action within the time specified in the order. 2. Impose or amend conditions on the society’s designati…

45 (1) If the Minister appoints members of a society’s board of directors under paragraph 4 or 5 of subsection 44 (3), the following rules apply: 1. The Minister shall ensure that the members do not constitute a majority of the number of members required to be on the board. 2. The members shall be appointed at the pleasure of the Minister for a period that does not exceed two years. 3. The members may serve as appointed members for no more than two consecutive years. 4. The members shall have the same rights and responsibilities as the members of the board that have been elected. Chair (2) If the Minister designates a chair of the board of directors under paragraph 6 or 7 of subsection 44 (3), the following rules apply: 1. The chair may be designated from among the members of the board, including any members appointed by the Minister under paragraph 4 or 5 of subsection 44 (3). 2. The ch…

46 (1) This section applies if a supervisor is appointed to operate and manage the affairs and activities of a society under paragraph 8 of subsection 44 (3). Term of appointment (2) The appointment of a supervisor is valid for a period not exceeding one year without the society’s consent, but the Lieutenant Governor in Council may extend the period at any time. Powers and duties of supervisor (3) Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the society and its members, directors, Executive Director and officers. Same (4) The Minister may, in the appointment, specify the supervisor’s powers and duties and the conditions governing them. Examples of powers and duties (5) Without limiting the generality of subsection (4), the supervisor’s powers and duties may include the following: 1. Carrying on …

Restructuring Amalgamation by societies

47 (1) Two or more societies that are proposing to amalgamate and continue as one society shall submit an amalgamation proposal to the Minister containing the information and in the form specified by the Minister. Minister approval of proposal (2) The Minister may amend the amalgamation proposal and may approve it in whole or in part. Amalgamation agreement (3) The societies shall not enter into an agreement to amalgamate under subsection 110 (2) of the Not-for-Profit Corporations Act, 2010 until they have received the Minister’s approval of the amalgamation proposal under subsection (2). The amalgamation agreement must be consistent with the amalgamation proposal. 2017, c. 14, Sched. 1, s. 47 (3); 2017, c. 14, Sched. 3, s. 2 (1). Minister approval of articles of amalgamation (4) The societies shall not file articles of amalgamation under section 112 of the Not-for-Profit Corporations Ac…

48 (1) If the Minister considers it to be in the public interest, including to enhance the efficiency, effectiveness and consistency of services, the Minister may order a society to do any of the following on or after the date set out in the order: 1. To amalgamate with one or more other societies. 2. To transfer all or any part of its operations to one or more other societies. 3. To cease operating, to dissolve or to wind up its operations. 4. To do anything or refrain from doing anything in order for the society to achieve anything under paragraphs 1 to 3. Minister’s directions (2) The Minister may, in the order, include directions to provide the following to the Minister within the time set out in the order: 1. A plan to implement the order, including with respect to the transfer of assets, liabilities, rights and obligations, and of employees. 2. A timeline according to which the ord…

49 (1) The Minister may appoint a supervisor to implement or facilitate the implementation of an order made under section 48 if, (a) an affected society has failed to comply with the order; or (b) in the Minister’s opinion, there is undue delay, lack of progress or disagreement between or among affected parties that is preventing or is likely to prevent an affected society from complying with the order. Application of other provisions (2) If the Minister proposes to appoint a supervisor under subsection (1), subsections 44 (4) to (8) and subsections 46 (2) to (15) apply with necessary modifications. Board compliance (3) The members of an affected society’s board of directors shall comply with decisions of a supervisor appointed under subsection (1) to facilitate the implementation of an order made under section 48 with regard to matters within the supervisor’s jurisdiction.

50 In the event of a conflict between sections 44 to 49 and a society’s articles or by-laws, sections 44 to 49 prevail. 2017, c. 14, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 4 - 19/10/2021

51 (1) If an order made under section 48 directs a society to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred are deemed to be gifts, trusts, bequests, devises and grants of property to the transferee. Specified purpose (2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose. Application (3) Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force.

52 (1) Despite any other Act, no person or entity, including a society, is entitled to any compensation for any loss or damages arising from any direct or indirect action that the Minister or a supervisor appointed under section 44 or 49 takes under this Act, including making an order under section 48. Same, transfer of property (2) Despite any other Act, no person or entity, including a society, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under an order made under section 48. No expropriation (3) Nothing in this Part and nothing done or not done in accordance with this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Appointments and Delegations Directors and program supervisors

53 (1) The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations. Appointment of program supervisor (2) The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations. Limitations, etc., on appointments (3) The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject. Remuneration and expenses (4) The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister and shall be paid out of money appropriated for the purpose by the Legis…

54 (1) A Director shall exercise the powers and perform the duties of a society in any area in which no society is functioning. Powers of local director (2) In exercising the powers and performing the duties of a society under subsection (1), a Director has all the powers of a local director.

55 (1) Where, under this Act, a power is given to or a duty is imposed on the Minister, a Director, a program supervisor or an employee in the Ministry, the Minister may delegate that power or duty to any other person or class of persons. Conditions, etc. (2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it. Deeds and contracts (3) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under this section.

Reports and Information

56 Every service provider and lead agency shall, (a) make the prescribed reports and provide the prescribed information, including personal information, to the Minister, in the prescribed form and at the prescribed intervals; and (b) make a report and provide information, including personal information, to the Minister whenever the Minister requests it.

57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.

58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner.

Program Supervisor Inspections

59 (1) For the purpose of determining compliance with this Act, the regulations and the directives issued under this Act, a program supervisor may, at any reasonable time and without a warrant or notice, enter the following premises in order to conduct an inspection: 1. Premises where a service is provided under this Act. 2. Premises where a lead agency’s function referred to in subsection 30 (5) is performed. 3. Business premises of a service provider. 4. Business premises of a lead agency. Limitation, dwelling (2) The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier. Identification (3) A program supervisor conducting an inspection shall, upon request, produce proper identification. Application of other provisions (4) Sections 276 (pow…

60 (1) A program supervisor may, without notice, apply to a justice for a warrant under this section. Issuance of warrant (2) A justice may issue a warrant authorizing a program supervisor named in the warrant to enter the premises specified in the warrant and to exercise any of the powers mentioned in subsection 276 (1), if the justice is satisfied on information under oath or affirmation, (a) that the premises is a premises described in subsection 59 (1); (b) in the case of a premises that is not used as a dwelling, (i) that the program supervisor has been prevented from exercising a right of entry to the premises under section 59 or a power under subsection 276 (1), or (ii) that there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises under section 58 or a power under subsection 276 (1); and (c) in the case …

61 (1) After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to, (a) a Director; (b) the service provider or lead agency; and (c) any other prescribed person. All non-compliance to be documented (2) If a program supervisor finds that a service provider or lead agency has not complied with a requirement of this Act, the regulations or a directive issued under this Act, the program supervisor shall document the non-compliance in the inspection report.

Review by Residential Placement Advisory Committee

62 In sections 63 to 66, “advisory committee” means a residential placement advisory committee established under subsection 63 (1); (“comité consultatif”) “institution” means, (a) a children’s residence operated by the Minister or under the authority of a licence issued under Part IX (Residential Licensing) in which residential care can be provided to 10 or more children at a time, or (b) a building, group of buildings or part of a building, designated by a Director, in which residential care can be provided to 10 or more children at a time; (“foyer”) “residential placement” does not include, (a) a placement made under the Youth Criminal Justice Act (Canada) or under Part VI (Youth Justice), (b) commitment to a secure treatment program under Part VII (Extraordinary Measures), or (c) a placement with a person who is neither a service provider nor a foster parent; (“placement en établissem…

63 (1) The Minister may establish residential placement advisory committees and shall specify the territorial jurisdiction of each advisory committee. Composition (2) Each residential placement advisory committee shall consist of persons whom the Minister considers appropriate, which may include, (a) persons engaged in providing services; (b) other persons who have demonstrated an informed concern for the welfare of children; (c) one representative of the Ministry; and (d) if the Minister wishes, a representative of a band or First Nations, Inuit or Métis community. Payments to members, hiring of staff (3) The Minister may pay allowances and reasonable travelling expenses to the members of an advisory committee, and may authorize an advisory committee to hire support staff. Duties of advisory committee (4) An advisory committee has a duty to advise, inform and assist parents, children an…

64 (1) An advisory committee shall review, (a) every residential placement in an institution of a child who resides within the advisory committee’s jurisdiction, if the residential placement is intended to last or actually lasts 90 days or more, (i) as soon as possible, but no later than 45 days after the day on which the child is placed in the institution, (ii) unless the residential placement is reviewed under subclause (i), within 12 months of the establishment of the advisory committee or within such longer period as the Minister allows, and (iii) while the residential placement continues, at least once during each nine-month period after the review under subclause (i) or (ii); (b) every residential placement of a child who objects to the residential placement and resides within the advisory committee’s jurisdiction, (i) within the week immediately following the day that is 14 days a…

65 (1) An advisory committee that conducts a review shall advise the following persons of its recommendations as soon as the review has been completed: 1. The service provider. 2. Any representative of the child. 3. The child’s parent or, where the child is in a society’s lawful custody, the society. 4. The child, in language suitable to the child’s understanding. 5. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2, 3 and 4 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Child to be advised of right to review by Board of residential placement (2) An advisory committee that conducts a review shall advise the child of the child’s right to a further review under section 66. Report to Minister (3) An advisory committee that conducts a review shall, within 30 days of completing the review, mak…

66 (1) A child who is in a residential placement to which the child objects may apply to the Board for a determination of where the child should remain or be placed, if the residential placement has been reviewed by an advisory committee under section 64 and, (a) the child is dissatisfied with the advisory committee’s recommendations; or (b) the advisory committee’s recommendations are not followed. Board to conduct review (2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. Notice to child of hearing (3) The Board shall advise the child whether it intends to hold a hearing or not within 10 days of receiving the child’s application. Parties (4) The parties to a hearing under this section are, (a) the child; (b) the child’s parent or, where the child is in a society’s lawful custody, the society; (c) in the case …

Offences

67 (1) A person or entity is guilty of an offence if the person or entity, (a) contravenes section 56 (reports and information); (b) contravenes section 57 (reports and information to prescribed entities); (c) contravenes section 58 (information available to public); (d) knowingly provides false information in a statement, report or return required to be provided under this Part or the regulations. Penalty (2) A person or entity convicted of an offence under subsection (1) is liable to a fine of not more than $5,000. Offence — obstruction of program supervisor (3) A person is guilty of an offence if the person hinders, obstructs or interferes with a program supervisor conducting an inspection under this Part, or otherwise impedes a program supervisor in exercising the powers or performing the duties of a program supervisor under this Part. Penalty (4) A person convicted of an offence und…

PART IV first Nations, inuit and métis child and family serviCes

68 (1) The Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of this Act. More than one community (2) A regulation made under subsection (1) may list one or more communities as a First Nations, Inuit or Métis community. Consent of representatives (3) Before making a regulation under subsection (1), the Minister must obtain the consent of the community’s representatives.

69 The Minister may, for the provision of services, (a) make agreements with bands and First Nations, Inuit or Métis communities and with any other parties whom the bands or communities choose to involve; and (b) provide funding to the persons or entities referred to in clause (a) pursuant to such agreements.

70 (1) A band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority. Agreements, etc. (2) Where a band or First Nations, Inuit or Métis community has designated a First Nations, Inuit or Métis child and family service authority, the Minister, (a) shall, at the band’s or community’s request, enter into negotiations for the provision of services by the child and family service authority; (b) may enter into agreements with the child and family service authority and, if the band or community agrees, any other person, for the provision of services; and (c) may designate the child and family service authority, with its consent, as a society under subsection 34 (1).

71 If a band or First Nations, Inuit or Métis community declares that a First Nations, Inuk or Métis child is being cared for under customary care, a society or entity may grant a subsidy to the person caring for the child.

72 A society, person or entity that provides services or exercises powers under this Act with respect to First Nations, Inuit or Métis children or young persons shall regularly consult with their bands and First Nations, Inuit or Métis communities about the provision of the services or the exercise of the powers and about matters affecting the children or young persons, including, (a) bringing children to a place of safety and the placement of children in residential care; (b) the provision of family support services; (c) the preparation of plans for the care of children; (d) status reviews under Part V (Child Protection); (e) temporary care agreements under Part V (Child Protection); (f) society agreements with 16 and 17 year olds under Part V (Child Protection); (g) adoption placements; (h) the establishment of emergency houses; and (i) any other matter that is prescribed.

73 A society, person or entity that proposes to provide a prescribed service to a First Nations, Inuk or Métis child or young person, or to exercise a prescribed power under this Act in relation to such a child or young person, shall consult with a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities in accordance with the regulations. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section before Part V: (See: 2022, c. 2, Sched. 3, s. 2) Prevention-focused Indigenous service provider

73.1 (1) The Minister may designate an entity as a prevention-focused Indigenous service provider if the entity meets the prescribed requirements. 2022, c. 2, Sched. 3, s. 2. Functions (2) A prevention-focused Indigenous service provider may perform one or more of the following functions: 1. Providing prevention services, early intervention services or community-based support services to First Nations, Inuit and Métis children, young persons and families. 2. Facilitating access by First Nations, Inuit and Métis children and young persons to community programs and activities that respect and promote Indigenous languages, cultures and spirituality. 3. Providing guidance and support to First Nations, Inuit and Métis children and young persons in exercising their rights under Part II (Children’s and Young Persons’ Rights). 4. Providing services that strengthen the autonomy and integrity of t…

73.2 (1) A society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall seek the following information and, in accordance with subsection (2), provide it to the child or a prescribed person, unless the child or prescribed person does not wish to receive the information: 1. Information about services provided by prevention-focused Indigenous service providers for which the child or prescribed person may be eligible. 2. Where applicable, information about services offered or recommended by the child’s bands or First Nations, Inuit and Métis communities. 2022, c. 2, Sched. 3, s. 2. Timing and manner (2) A society or prescribed service provider shall provide the information listed in subsection (1) in accordance with the regulations and the following rules: 1. The society shall provide the information at the time the society determines that…

73.3 In accordance with the regulations and at the prescribed times and under the prescribed circumstances, a society or prescribed service provider that is providing a service to a First Nations, Inuk or Métis child shall, (a) if the child or a prescribed person so wishes, establish a circle of supportive persons for the child together, where possible, with their family; and (b) consult with or take the prescribed action with respect to the circle of supportive persons. 2022, c. 2, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 3, s. 2 - not in force

part V child Protection

Interpretation Interpretation

74 (1) In this Part, “child protection worker” means a Director, a local director or a person who meets the prescribed requirements and who is authorized by a Director or local director for the purposes of section 81 (commencing child protection proceedings) and for other prescribed purposes; (“préposé à la protection de l’enfance”) “extra-provincial child protection order” means a temporary or final order made by a court of another province or a territory of Canada, or of a prescribed jurisdiction outside Canada if it meets prescribed conditions, pursuant to child welfare legislation of that province, territory or other jurisdiction, placing a child into the care and custody of a child welfare authority or other person named in the order; (“ordonnance extraprovinciale de protection d’un enfant”) “parent”, when used in reference to a child, means each of the following persons, but does n…

Voluntary Agreements

75 (1) A person who is temporarily unable to care adequately for a child in the person’s 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. Older child to be party to agreement (2) No temporary care agreement shall be made in respect of a child who is 12 or older unless the child is a party to the agreement. Exception: developmental disability (3) Subsection (2) 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. 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…

76 (1) A party to a temporary care agreement may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement. When notice takes effect (2) Where notice is given under subsection (1), the agreement terminates on the expiry of five days, or such longer period not exceeding 21 days as the agreement specifies, after the day on which every other party has actually received the notice. Society response to notice of termination (3) Where notice of a wish to terminate a temporary care agreement is given by or to a society under subsection (1), the society shall as soon as possible, and in any event before the agreement terminates under subsection (2), (a) cause the child to be returned to the person who made the agreement, or to a person who has obtained an order for the child’s custody since the agreement was made; (b) where th…

77 (1) The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where, (a) the society has jurisdiction where the child resides; (b) the society has determined that the child is or may be in need of protection; (c) the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and (d) the child wants to enter into the agreement. Term of agreement (2) The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months. Previous or current involvement with society not a bar to agreement (3) A child may enter into an agreement under this section regardless of…

Removal to Offer Voluntary Services

77.1 (1) A child protection worker or a peace officer may bring a child who is 16 or 17 to another location for up to 12 hours for the purpose of offering services and supports to the child, including the possibility of entering into an agreement under section 77, if the child protection worker or the peace officer has reasonable and probable grounds to believe that the child is in need of protection within the meaning of clause 74 (2) (d.1) and that, (a) the child has suffered physical harm inflicted by a person involved in subjecting the child to child sex trafficking or received threats of physical harm by such a person; (b) the child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being provided with alcohol or such controlled substances by another person in order to facilitate the sexual exploitation of the child;…

Legal Representation

78 (1) A child may have legal representation at any stage in a proceeding under this Part. Court to consider issue (2) Where a child does not have legal representation in a proceeding under this Part, the court, (a) shall, as soon as practicable after the commencement of the proceeding; and (b) may, at any later stage in the proceeding, determine whether legal representation is desirable to protect the child’s interests. Direction for legal representation (3) Where the court determines that legal representation is desirable to protect a child’s interests, the court shall direct that legal representation be provided for the child. Criteria (4) Where, (a) the court is of the opinion that there is a difference of views between the child and a parent or a society, and the society proposes that the child be removed from a person’s care or be placed in interim or extended society care under pa…

Parties and Notice

79 (1) The following are parties to a proceeding under this Part: 1. The applicant. 2. The society having jurisdiction in the matter. 3. The child’s parent. 4. In the case of a First Nations, Inuk or Métis child, the persons described in paragraphs 1, 2 and 3 and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Director to be added (2) At any stage in a proceeding under this Part, the court shall add a Director as a party on the Director’s motion. Right to participate (3) Any person, including a foster parent, who has cared for the child continuously during the six months immediately before the hearing, (a) is entitled to the same notice of the proceeding as a party; (b) may be present at the hearing; (c) may be represented by a lawyer; and (d) may make submissions to the court, but shall take no further part in the hearing without leave…

Customary Care

80 A society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child, (a) is in need of protection; (b) cannot remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part or, where there is an order for the child’s custody that is enforceable in Ontario, of the person entitled to custody under the order; and (c) is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community.

Commencing Child Protection Proceedings Warrants, orders, etc.

81 (1) A society may apply to the court to determine whether a child is in need of protection. Warrant to bring child to place of safety (2) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that, (a) the child is younger than 16; (b) the child is in need of protection; and (c) a less restrictive course of action is not available or will not protect the child adequately. When warrant may not be refused (3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7). Order to produce child or bring child to place of safety (4) Where th…

82 (1) A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents. Temporary or final supervision order (2) In this section, “temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a).

Special Cases of Bringing Children to a Place of Safety Bringing children who are removed from or leave care to place of safety

83 (1) A justice of the peace may issue a warrant authorizing a peace officer or a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or a child protection worker’s sworn information that, (a) the child is actually or apparently younger than 16, and, (i) has left or been removed from a society’s lawful care and custody without its consent, or (ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and (b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. 2017, c. 14, Sched. 1, s. 83 (1); 2019, c. 15, Sched. 5, s. 1. When warrant m…

84 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so, (a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or (b) where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person. Notice to parent, etc. (2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be re…

85 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that, (a) the child is younger than 16; (b) the child has withdrawn from the person’s care and control without the person’s consent; and (c) the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety. Child to be returned or brought to a place of safety (2) A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety. Notice to person with care, cus…

86 (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 83 (1) or 85 (1) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child Right of entry, etc. (2) A person authorized under subsection 83 (4) or 84 (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. 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. Police assistance (4) A child protection worker acting under section 83 or 85 may call for the assistance of a peace officer. Consent to examine child (5) Where subsection 84 (3) or 85 (4) appli…

Hearings and Orders Rules re hearings

87 (1) In this section, “media” means the press, radio and television media. 2017, c. 14, Sched. 1, s. 87 (1). Application (2) This section applies to hearings held under this Part, except hearings under section 134 (child abuse register). 2017, c. 14, Sched. 1, s. 87 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 87 (2) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 5) Application (2) This section applies to hearings held under this Part. 2017, c. 14, Sched. 3, s. 5. Hearings separate from criminal proceedings (3) A hearing shall be held separately from hearings in criminal proceedings. 2017, c. 14, Sched. 1, s. 87 (3). Hearings private unless court orders otherwise (4) A hearing shall be held in the absence of the public, subject to subsection (5), unless the court orders that the hearing be held in public a…

88 As soon as practicable, but in any event within five days after a child is brought to a place of safety under section 81, subclause 83 (1) (a) (ii) or subsection 136 (5), (a) the matter shall be brought before a court for a hearing under subsection 90 (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) if the child is the subject of an extra-provincial child protection order, the child shall be returned to the child welfare authority or other person named in the order; (d) a temporary care agreement shall be made under subsection 75 (1); or (e) an agreement shall be made under section 77 (agreements with 16 and 17 year olds).

89 As soon as practicable, but in any event within five days after a child who is 16 or 17 is brought to a place of safety with the child’s consent under section 82, (a) the matter shall be brought before a court for a hearing under subsection 90 (1); or (b) the child shall be returned to the person entitled to custody of the child under an order made under this Part.

90 (1) Where an application is made under subsection 81 (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 101. 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) whether the child is a First Nations, Inuk or Métis child and, if so, the child’s bands and First Nations, Inuit or Métis communities; and (c) where the child was brought to a place of safety before the hearing, the location of the place from which the child was removed.

91 (1) In this section, “territorial jurisdiction” means a society’s territorial jurisdiction under subsection 34 (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 interim society care under an order made under paragraph 2 or 4 of subsection 101 (1) or extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), 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 paragraph 1 of subsection 101 (1) or clause 116 …

92 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. Evidence

93 (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. Evidence re disposition and finding (2) In a hearing under subsection 90 (1), evidence relating only to the disposition of the matter shall not be considered in determining if the child is in need of protection.

94 (1) The court shall not adjourn a hearing for more than 30 days, (a) unless all the parties present and the person who will be caring for the child during the adjournment consent; or (b) if the court is aware that a party who is not present at the hearing objects to the longer adjournment. Custody during adjournment (2) Where a hearing is adjourned, the court shall make a temporary order for care and custody providing that the child, (a) remain in or be returned to the care and custody of the person who had charge of the child immediately before intervention under this Part; (b) remain in or be returned to the care and custody of the person referred to in clause (a), subject to the society’s supervision and on such reasonable terms and conditions as the court considers appropriate; (c) be placed in the care and custody of a person other than the person referred to in clause (a), with …

95 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.

96 Where an application is made under subsection 81 (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.

97 (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. No requirement to identify person or place (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 sup…

Assessments

98 (1) In the course of a proceeding under this Part, the court may order that one or more of the following persons undergo an assessment within a specified time by a person appointed in accordance with subsections (3) and (4): 1. The child. 2. A parent of the child. 3. Any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child. Criteria for ordering assessment (2) An assessment may be ordered if the court is satisfied that, (a) an assessment of one or more of the persons specified in subsection (1) is necessary for the court to make a determination under this Part; and (b) the evidence sought from an assessment is not otherwise available to the court. Assessor selected by parties (3) An order under subsection (1) shall specify a time within which the parties to the proceeding may select a person …

99 Where a child is brought before the court on consent as described in clause 74 (2) (n), the court shall, before making an order under section 101 or 102 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 12 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 12 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 12 or older, the child, consents to the order being sought.

100 The court shall, before making an order under section 101, 102, 114 or 116, 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 care 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 so…

101 (1) Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders or an order under section 102, in the child’s best interests: Supervision order 1. 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. Interim society care 2. That the child be placed in interim society care and custody for a specified period not exceeding 12 months. Extended society care 3. That the child be placed in extended society care until the order is terminated under section 116 or expires under section 123. Consecutive orders of interim society care and supervision 4. That the child be placed in interim society ca…