Bill 73, Child and Family Services Amendment Act (Child Welfare Reform), 1998

Ecker, Hon. Janet Minister of Community and Social Services

Versions

B073_E

Bill 73 1998

An Act to amend the Child and Family Services Act in order to better promote the best interests, protection and well being of children

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 1 of the Child and Family Services Act is repealed and the following substituted:

Paramount purpose

1. (1) The paramount purpose of this Act is to promote the best interests, protection and well being of children.

Other purposes

(2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well being of children, are:

1. To recognize that while parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent.

2. To recognize that the least disruptive course of action that is available and is appropriate in a particular case to help a child should be considered.

3. To recognize that children's services should be provided in a manner that,

i. respects children's needs for continuity of care and for stable family relationships, and

ii. takes into account physical and mental developmental differences among children.

4. To recognize that, wherever possible, services to children and their families should be provided in a manner that respects cultural, religious and regional differences.

5. To recognize that Indian and native people should be entitled to provide, wherever possible, their own child and family services, and that all services to Indian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family.

2. (1) The definition of "court" in subsection 3 (1) of the Act is repealed and the following substituted:

court" means the Ontario Court (Provincial Division) or the Family Court of the Ontario Court (General Division); ("tribunal")

(2) Clause (a) of the definition of "foster care" in subsection 3 (1) of the Act is repealed and the following substituted:

(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997, the Ontario Disability Support Program Act, 1997 or the Family Benefits Act, and

. . . . .

(3) On a day to be named by proclamation of the Lieutenant Governor, clause (a) of the definition of "foster care" in subsection 3 (1) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:

(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and

. . . . .

3. Section 18 of the Act is repealed.

4. (1) Subsections 19 (1), (3) and (5) of the Act are repealed.

(2) Subsection 19 (6) of the Act is amended by striking out "or (3)" in the second line.

5. Subsection 20 (1) of the Act is repealed.

6. The Act is amended by adding the following section:

Directives to societies

20.1 A Director may issue directives to one or more societies, including directives respecting their provision of services under this Act.

7. Clause 22 (1) (d) of the Act is repealed and the following substituted:

(d) in the case of a society, the society,

(i) is not able to or fails to perform any or all of its functions under section 15,

(ii) fails to perform any or all of its functions in any part of its territorial jurisdiction, or

(iii) fails to follow a directive issued under section 20.1.

8. (1) Clause 29 (4) (b) of the Act is amended by striking out "restrictive" in the first line and substituting "disruptive".

(2) Subsection 29 (6) of the Act is repealed and the following substituted:

Time limit

(6) No temporary care agreement shall be made or extended so as to result in a child being in a society's care and custody, for a period exceeding,

(a) 12 months, if the child is less than 6 years of age on the day the agreement is entered into or extended; or

(b) 24 months, if the child is 6 years of age or older on the day the agreement is entered into or extended.

Same

(6.1) In calculating the period referred to in subsection (6), time during which a child has been in a society's care and custody,

(a) as a society ward under paragraph 2 of subsection 57 (1);

(b) under a temporary care agreement under subsection 29 (1); or

shall be counted.

Previous periods to be counted

(6.2) The period referred to in subsection (6) shall include any previous periods that the child was in a society's care and custody as described in subsection (6.1) other than periods that precede a continuous period of five or more years that the child was not in a society's care and custody.

9. (1) Clause 37 (2) (a) of the Act is repealed and the following substituted:

(a) the child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person's,

(i) failure to adequately care for, provide for, supervise or protect the child, or

(ii) pattern of neglect in caring for, providing for, supervising or protecting the child.

(2) Clause 37 (2) (b) of the Act is repealed and the following substituted:

(b) there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person's,

(i) failure to adequately care for, provide for, supervise or protect the child, or

(ii) pattern of neglect in caring for, providing for, supervising or protecting the child.

(3) Clause 37 (2) (d) of the Act is repealed and the following substituted:

(d) there is a risk that the child is likely to be sexually molested or sexually exploited as described in clause (c).

(4) Clauses 37 (2) (f) and (g) of the Act are repealed and the following substituted:

(f) the child has suffered emotional harm, demonstrated by serious,

(i) anxiety,

(ii) depression,

(iii) withdrawal,

(iv) self-destructive or aggressive behaviour, or

(v) delayed development,

and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child's parent or the person having charge of the child;

(f.1)the child has suffered emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

(g) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) resulting from the actions, failure to act or pattern of neglect on the part of the child's parent or the person having charge of the child;

(g.1) there is a risk that the child is likely to suffer emotional harm of the kind described in subclause (f) (i), (ii), (iii), (iv) or (v) and that the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm.

10. Subclause 38 (4) (b) (ii) of the Act is repealed and the following substituted:

(ii) it is alleged that the child is in need of protection within the meaning of clause 37 (2) (a), (c), (f), (f.1) or (h); or

. . . . .

11. Subsection 45 (2) of the Act is repealed and the following substituted:

Application

(2) This section applies to hearings held under this Part.

12. Subsection 50 (1) of the Act is repealed and the following substituted:

Consideration of past conduct toward children

(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.

13. Subsection 51 (3) of the Act is repealed and the following substituted:

Criteria

(3) The court shall not make an order under clause (2) (c) or (d) unless the court is satisfied that there are reasonable grounds to believe that there is a risk that the child is likely to suffer harm and that the child cannot be protected adequately by an order under clause (2) (a) or (b).

14. Subsection 54 (8) of the Act is repealed and the following substituted:

Report inadmissible

(8) The report of an assessment ordered under subsection (1) is not admissible into evidence in any other proceeding except,

(a) a proceeding under this Part, including an appeal under section 69;

(b) a proceeding referred to in section 81; or

without the consent of the person or persons assessed.

15. (1) Subsection 57 (3) of the Act is repealed and the following substituted:

Less disruptive alternatives preferred

(3) The court shall not make an order removing the child from the care of the person who had charge of him or her immediately before intervention under this Part unless the court is satisfied that alternatives that are less disruptive to the child, including non-residential services and the assistance referred to in subsection (2), would be inadequate to protect the child.

(2) Subsection 57 (6) of the Act is repealed.

16. Subsections 59 (2) and (3) of the Act are repealed and the following substituted:

Access: Crown ward

(2) The court shall not make or vary an access order with respect to a Crown ward under section 58 (access) or section 65 (status review) 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 a permanent or stable placement.

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 clauses (2) (a) and (b) apply with respect to that access.

17. Subsection 61 (9) of the Act is amended by striking out "substantial risk to the child's health or safety" in the third and fourth lines and substituting "risk that the child is likely to suffer harm".

18. Clause 64 (8) (a) of the Act is amended by striking out "subsection 59 (2)" in the last line and substituting "section 58".

19. Subsection 65 (3) of the Act is repealed.

20. Subsection 67 (1) of the Act is amended by striking out "or the Unified Family Court" in the second and third lines.

21. (1) Subsections 70 (1) and (2) of the Act are repealed and the following substituted:

Time limit

(1) Subject to subsections (3) and (4), the court shall not make an order for society wardship under this Part that results in a child being a society ward for a period exceeding,

(a) 12 months, if the child is less than 6 years of age on the day the court makes an order for society wardship; or

(b) 24 months, if the child is 6 years of age or older on the day the court makes an order for society wardship.

Same

(2) In calculating the period referred to in subsection (1), time during which a child has been in a society's care and custody under,

(a) an agreement made under subsection 29 (1) or 30 (1) (temporary care or special needs agreement); or

(b) a temporary order made under clause 51 (2) (d),

shall be counted.

Previous periods to be counted

(2.1) The period referred to in subsection (1) shall include any previous periods that the child was in a society's care and custody as a society ward or as described in subsection (2) other than periods that precede a continuous period of five or more years that the child was not in a society's care and custody.

(2) Subsection 70 (3) of the Act is amended by striking out "Where the twenty-four month period referred to in subsection (1)" at the beginning and substituting "Where the period referred to in subsection (1) or (4)".

(3) Section 70 of the Act is amended by adding the following subsection:

Six month extension

(4) Subject to paragraphs 2 and 4 of subsection 57 (1), the court may by order extend the period permitted under subsection (1) by a period not to exceed six months if it is in the child's best interests to do so.

22. (1) Subsections 72 (1), (2) and (3) of the Act are repealed and the following substituted:

Duty to report child in need of protection

(1) Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall forthwith report the suspicion and the information on which it is based to a society:

1.The child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person's,

i. failure to adequately care for, provide for, supervise or protect the child, or

ii. pattern of neglect in caring for, providing for, supervising or protecting the child.

2. There is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person's,

i. failure to adequately care for, provide for, supervise or protect the child, or

ii. pattern of neglect in caring for, providing for, supervising or protecting the child.

3. The child has been sexually molested or sexually exploited, by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child.

4. There is a risk that the child is likely to be sexually molested or sexually exploited as described in paragraph 3.

5. The child requires medical treatment to cure, prevent or alleviate physical harm or suffering and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, the treatment.

6. The child has suffered emotional harm, demonstrated by serious,

i. anxiety,

ii. depression,

iii. withdrawal,

iv. self-destructive or aggressive behaviour, or

v. delayed development,

7. The child has suffered emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm.

8. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 resulting from the actions, failure to act or pattern of neglect on the part of the child's parent or the person having charge of the child.

9. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph i, ii, iii, iv or v of paragraph 6 and that the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to prevent the harm.

10. The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child's development and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.

11. The child has been abandoned, the child's parent has died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child's care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child's care and custody.

12. The child is less than 12 years old and has killed or seriously injured another person or caused serious damage to another person's property, services or treatment are necessary to prevent a recurrence and the child's parent or the$person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, those services or treatment.

13. The child is less than 12 years old and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child or because of that person's failure or inability to supervise the child adequately.

Ongoing duty to report

(2) A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) shall make a further report under subsection (1) even if he or she has made previous reports with respect to the same child.

Person must report directly

(3) A person who has a duty to report a matter under subsection (1) or (2) shall make the report directly to the society and shall not rely on any other person to report on his or her behalf.

(2) Subsection 72 (4) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is repealed and the following substituted:

Offence

(4) A person referred to in subsection (5) is guilty of an offence if,

(a) he or she contravenes subsection (1) or (2) by not reporting a suspicion; and

(b) the information on which it was based was obtained in the course of his or her professional or official duties.

(3) Subsections 72 (5) and (6) of the Act are repealed and the following substituted:

Same

(5) Subsection (4) applies to every person who performs professional or official duties with respect to children including,

(a) a health care professional, including a physician, nurse, dentist, pharmacist and psychologist;

(b) a teacher, school principal, social worker, family counsellor, priest, rabbi, member of the clergy, operator or employee of a day nursery and youth and recreation worker;

(d) a solicitor; and

(e) a service provider and an employee of a service provider.

Same

(6) In clause (5) (b), "

youth and recreation worker" does not include a volunteer.

Same

(6.1) A director, officer or employee of a corporation who authorizes, permits or concurs in a contravention of an offence under subsection (4) by an employee of the corporation is guilty of an offence.

Same

(6.2) A person convicted of an offence under subsection (4) or (6.1) is liable to a fine of not more than $1,000.

(4) Subsection 72 (7) of the Act is amended,

(a) by striking out "subsection (2) or (3)" in the fifth line and substituting "this section"\; and

(b) by striking out "belief or suspicion, as the case may be" at the end and substituting "suspicion".

23. (1) The Act is amended by adding the following section:

Duty of society

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.

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).

(2) On a day to be named by proclamation of the Lieutenant Governor, subsection 72.1 (2) of the Act, as enacted by subsection (1), is amended by striking out "sections 73 and 75" and substituting "section 73".

24. (1) Subsections 74 (1), (2) and (3) of the Act are repealed and the following substituted:

Definition

(1) In this section and sections 74.1 and 74.2, "

record" means recorded information, regardless of physical form or characteristics.

Motion or application, production of record

(2) A Director or a person designated by a society may at any time make a motion or an application for an order under subsection (3) or (3.1) for the production of a record or part of a record.

Order

(3) Where the court is satisfied that a record or part of a record that is the subject of a motion referred to in subsection (2) contains information that may be relevant to a proceeding under this Part and that the person in possession or control of the record has refused to permit a Director or person designated by the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by a person designated by the society or by the court.

Same

(3.1) Where the court is satisfied that a record or part of a record that is the subject of an application referred to in subsection (2) may be relevant to assessing compliance with one of the following and that the person in possession or control of the record has refused to permit a Director or person designated by the society to inspect it, the court may order that the person in possession or control of the record produce it or a specified part of it for inspection and copying by the Director, by a person designated by the society or by the court:

1. An order under clause 51 (2) (b) or (c) that is subject to supervision.

2. An order under clause 51 (2) (c) or (d) with respect to access.

3. A supervision order under section 57.

4. An access order under section 58.

5. An order under section 65 with respect to access or supervision.

6. A restraining order under section 80.

(2) Subsection 74 (4) of the Act is amended by adding "or (3.1)" after "(3)" in the second line.

(3) Subsection 74 (5) of the Act is amended by adding "or (3.1)" after "(3)" in the second line.

(4) Subsection 74 (7) of the Act is repealed and the following substituted:

Matters to be considered by court

(7) Where a motion or an application under subsection (2) concerns a record that is a clinical record within the meaning of section 35 of the Mental Health Act, subsection 35 (6) (attending physician's statement, hearing) of that Act applies and the court shall give equal consideration to,

(a) the matters to be considered under subsection 35 (7) of that Act; and

(b) the need to protect the child.

Same

(8) Where a motion or an application under subsection (2) concerns a record that is a record of a mental disorder within the meaning of section 183, that section applies and the court shall give equal consideration to,

(a) the matters to be considered under subsection 183 (6); and

(b) the need to protect the child.

25. The Act is amended by adding the following section:

Warrant for access to record

74.1 (1) The court or a justice of the peace may issue a warrant for access to a record or a specified part of it if the court or justice of the peace is satisfied on the basis of information on oath from a Director or a person designated by a society that there are reasonable grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection.

Authority conferred by warrant

(2) The warrant authorizes the Director or the person designated by the society to,

(a) inspect the record specified in the warrant during normal business hours or during the hours specified in the warrant;

(b) make copies from the record in any manner that does not damage the record; and

Return of record

(3) A person who removes a record under clause (2) (c) shall promptly return it after copying it.

Admissibility of copies

(4) A copy of a record that is the subject of a warrant under this section and that is certified as being a true copy of the original by the person who made the copy is admissible in evidence to the same extent as and has the same evidentiary value as the record.

Duration of warrant

(5) The warrant is valid for seven days.

Execution

(6) The Director or the person designated by the society may call on a peace officer for assistance in executing the warrant.

Solicitor-client privilege

(7) This section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a solicitor and his or her client.

Matters to be considered

(8) If a warrant issued under this section concerns a clinical record within the meaning of section 35 of the Mental Health Act and the warrant is challenged under subsection 35 (6) (attending physician's statement, hearing) of that Act, equal consideration shall be given to,

(a) the matters set out in subsection 35 (7) of that Act; and

(b) the need to protect the child.

Same

(9) If a warrant issued under this section concerns a record of a mental disorder within the meaning of section 183 and the warrant is challenged under section 183, equal consideration shall be given to,

(a) the matters set out in subsection 183 (6); and

(b) the need to protect the child.

26. The Act is amended by adding the following section:

Telewarrant

74.2 (1) Where a Director or a person designated by a society believes that there are reasonable grounds for the issuance of a warrant under section 74.1 and that it would be impracticable to appear personally before the court or a justice of the peace to make application for a warrant in accordance with section 74.1, the Director or person designated by the society may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the Chief Judge of the Ontario Court (Provincial Division).

Same

(2) The information shall,

(a) include a statement of the grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection; and

(b) set out the circumstances that make it impracticable for the Director or person designated by the society to appear personally before a court or justice of the peace.

Warrant to be issued

(3) The justice may issue a warrant for access to the record or the specified part of it if the justice is satisfied that the application discloses,

(a) reasonable grounds to believe that the record or the part of a record is relevant to investigate an allegation that a child is or may be in need of protection; and

(b) reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1.

Validity of warrant

(4) A warrant issued under this section is not subject to challenge by reason only that there were not reasonable grounds to dispense with personal appearance for the purpose of an application under section 74.1.

Application of provisions

(5) Subsections 74.1 (2) to (9) apply with necessary modifications with respect to a warrant issued under this section.

Definition

(6) In this section, "

justice" means justice of the peace, a judge of the Ontario Court (Provincial Division) or a judge of the Family Court of the Ontario Court (General Division).

27. Section 75 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 43, is repealed.

28. Section 76 of the Act is repealed.

29. Subsection 81 (1) of the Act is amended by inserting "(f.1)" after "(f)" in the fourth line.

30. (1) Clause 85 (1) (b) of the Act is repealed.

(2) Clause 85 (1) (d) of the Act is repealed.

(3) Clause 85 (1) (e) of the Act is repealed.

(4) Subsection 85 (1) of the Act is amended by striking out "except in the case of a contravention of subsection 72 (3)" in the sixth and seventh lines of the portion following clause (j).

(5) Subsection 85 (3) of the Act is amended by striking out "or 76 (11)" in the second line.

31. Clauses 179 (2) (a) and (b) of the Act are repealed and the following substituted:

(a) obtained by means of an order made under subsection 74 (3) or (3.1) or a warrant obtained under section 74.1 or 74.2.

32. (1) Subsection 214 (1) of the Act is amended by adding the following paragraphs:

6.1 respecting the composition of boards of approved agencies or classes of approved agencies, requiring board members to undertake training programs and prescribing those programs;

. . . . .

12.1 prescribing classes of persons employed or to be employed in providing approved services or any class of approved services who must undertake training, prescribing that training and prescribing the circumstances under which that training must be undertaken.

(2) Paragraph 28 of subsection 214 (1) of the Act is repealed.

(3) Paragraphs 30 and 31 of subsection 214 (1) of the Act are repealed and the following substituted:

30. prescribing a system for determining,

i. the amounts of payments under subsection 19 (2) (payments by Minister), and

ii. a society's estimated expenditures.

(4) Subsections 214 (2) and (3) of the Act are repealed and the following substituted:

Idem

(2) A regulation made under paragraph 6.1, 12.1, 18, 24 or 25 of subsection (1) (boards of approved agencies, training of persons providing approved services, transfer of assets, prescribed provisions in agency by-laws, band or native community representatives) may be general or specific in its application.

Idem

(3) A regulation made under paragraph 17 or 30 of subsection (1) (financial assistance for the purposes of sections 8 and 9, amounts of payments to societies) is, if it so provides, effective with reference to a period before it is filed.

33. (1) Section 216 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by adding the following clauses:

(c.1) respecting the format of warrants under sections 74.1 and 74.2 and the procedures to be followed in applying for, issuing, receiving and filing warrants of different formats;

(c.2) prescribing manners of applying for a warrant under section 74.2, including a manner other than submitting an information on oath, setting out the circumstances under which those manners may be used and providing for any additional requirements that must be met if those manners are used.

(2) Clauses 216 (d), (e), (f) and (g) of the Act are repealed.

34. The Act is amended by adding the following Part:

PART XII

MISCELLANEOUS

Review of Act

224. (1) The Minister shall periodically conduct a review of this Act or those provisions of it specified by the Minister.

Beginning of review

(2) The Minister shall inform the public when a review under this section begins and what provisions of this Act are included in the review.

Written report

(3) The Minister shall prepare a written report respecting the review and shall make that report available to the public.

Period for review

(4) The first review shall be completed and the report made available to the public within five years after the day this section comes into force.

Same

(5) Each subsequent review shall be completed and the report made available to the public within five years after the day the report on the previous review has been made available to the public.

35. Clause 39 (2) (e) of the Health Protection and Promotion Act is repealed and the following substituted:

(e) to prevent the reporting of information under section 72 of the Child and Family Services Act in respect of a child who is or may be in need of protection.

Transitional

36. (1) For the purposes of subsections 29 (6), (6.1) and (6.2) of the Child and Family Services Act, as enacted by subsection 8 (2) of this Act, no period that a child was in a society's care and custody before the day subsection 8 (2) of this Act is proclaimed in force shall be counted.

Same

(2) Despite the proclamation of subsection 8 (2) of this Act, subsection 29 (6) of the Child and Family Services Act, as it read on the day before that proclamation, shall continue to apply with respect to a child who is in the care and custody of a society on the day of that proclamation so long as that child continues to be in the care and custody of a society.

Same

(3) For the purposes of subsections 70 (1), (2) and (2.1) of the Child and Family Services Act, as enacted by subsection 21 (1) of this Act, no period that a child was in a society's care and custody before the day subsection 21 (1) of this Act is proclaimed in force shall be counted.

Same

(4) Despite the proclamation of subsections 21 (1) and (2) of this Act, subsections 70 (1), (2) and (3) of the Child and Family Services Act, as they read on the day before that proclamation, shall continue to apply with respect to a child who is in the care and custody of a society on the day of that proclamation so long as that child continues to be in the care and custody of a society.

Same

(5) Despite the proclamation of a section of this Act set out in Column 1 of the following Table, the provision of the Child and Family Services Act set out opposite that section in Column 2 of the Table, as it read on the day before the section set out in Column 1 is proclaimed in force, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before the day the section set out in Column 1 is proclaimed in force.

TABLE

Column 1

Column 2

Colonne 1

Colonne 2

Section 1 of this Act

Section 1 of the Child and Family Services Act

Article 1 de la présente loi

Article 1 de la Loi sur les services à l'enfance et à la famille

Section 9 of this Act

Section 37 of the Child and Family Services Act

Article 9 de la présente loi

Article 37 de la Loi sur les services à l'enfance et à la famille

Section 10 of this Act

Section 38 of the Child and Family Services Act

Article 10 de la présente loi

Article 38 de la Loi sur les services à l'enfance et à la famille

Section 12 of this Act

Section 50 of the Child and Family Services Act

Article 12 de la présente loi

Article 50 de la Loi sur les services à l'enfance et à la famille

Section 13 of this Act

Section 51 of the Child and Family Services Act

Article 13 de la présente loi

Article 51 de la Loi sur les services à l'enfance et à la famille

Section 14 of this Act

Section 54 of the Child and Family Services Act

Article 14 de la présente loi

Article 54 de la Loi sur les services à l'enfance et à la famille

Section 15 of this Act

Section 57 of the Child and Family Services Act

Article 15 de la présente loi

Article 57 de la Loi sur les services à l'enfance et à la famille

Section 16 of this Act

Section 59 of the Child and Family Services Act

Article 16 de la présente loi

Article 59 de la Loi sur les services à l'enfance et à la famille

Section 19 of this Act

Subsection 65 (3) of the Child and Family Services Act

Article 19 de la présente loi

Paragraphe 65 (3) de la Loi sur les services à l'enfance et à la famille

Commencement

37. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

38. The short title of this Act is the Child and Family Services Amendment Act (Child Welfare Reform), 1998.

EXPLANATORY NOTE

The Bill amends the Child and Family Services Act, primarily with respect to child protection. The amendments clarify the importance of the best interests of the child in making court orders. Some substantive changes to the Act are summarized below.

Section 1 of Bill. The purposes of the Act are clarified to ensure that the best interests, protection and well-being of the child is the paramount purpose.

Sections 3, 4 and 5 of Bill. Requirements in the Act for municipal funding of children's aid societies and municipal representatives on the boards of children's aid societies are repealed.

Sections 6 and 7 of Bill. Authority is given to Directors to issue directives to children's aid societies and the Minister is authorized to exercise the powers set out in section 22 of the Act if a society does not follow them.

Sections 8 and 21 of Bill. The limit with respect to the time that a child may be in a society's care and custody, other than as a Crown ward, is reduced from 24 months to 12 months in the case of children less than 6 years of age. The amendments also provide that that period will be cumulative.

Section 9 of Bill. The grounds for finding a child in need of protection are amended to lower the threshold for determining whether a child is at risk of suffering harm and for determining whether a child has suffered emotional harm, and to specifically include the concept of neglect in the grounds for finding a child in need of protection.

Section 12 of Bill. The court is authorized to consider a person's past conduct toward any child.

Section 22 of Bill. This section creates a single duty to report for the public and professionals. The offence provision with respect to professionals' duty to report is expanded to hold professionals liable for not reporting wherever a child is in need of protection. In contrast, the current offence provision is limited to the requirement to report in cases of abuse. In addition, it is clarified that the obligation to report a child in need of protection is an ongoing obligation that must be fulfilled directly by a person with a duty to report and that cannot be delegated.

Sections 24, 25 and 26 of Bill. The provision permitting court ordered access to records is expanded to allow such access where a record may be relevant to a child protection proceeding and where it may be relevant to assessing compliance with certain orders. A new provision is added permitting a Director or a society to obtain a warrant to access records that may be relevant to investigating an allegation that a child is or may be in need of protection. A further provision is added to permit those warrants to be applied for by electronic means rather than in person, where it would be impracticable to appear before a justice personally.

Sections 27 and 28 of Bill. Provisions with respect to the child abuse register are repealed.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.