Bill 78, Kevin's Law (Child and Family Services Statute Law Amendment), 2004

Versions

Bill 78 2004

An Act to amend the
Child and Family Services Act
and the Coroners Act
to better protect
the children of Ontario

Preamble

The children of Ontario who are subject to access orders of courts are in need of greater protection to ensure their safety and security.

Persons such as family members of deceased victims of crime can provide a valuable public contribution when they participate in a coroner's inquest.

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

1. The Child and Family Services Act is amended by adding the following sections:

Restriction on access order

59.1 If a society has applied to a court for an order under this Act respecting access to a child by a parent of the child and the court makes the order, the court shall specify in the order the supervision to which the access is subject if, at the time of making the order, the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child, unless the court considers it appropriate not to make the access subject to such supervision.

. . . . .

Duty to report child's death

72.2 (1) A person or society that obtains information that a child has died shall report the information to the Minister if,

(a) a court made an order under this Act denying access to the child by a parent of the child or making the access subject to supervision;

(b) on the application of a society, a court varied the order to grant the access or to make it no longer subject to supervision; and

Same, by Minister

(2) On receiving the information, the Minister shall report it to the Minister who administers the Coroners Act.

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

Inquest mandatory

22.1 The Minister shall direct a coroner to hold an inquest under this Act into the death of a child upon learning that the child died in the circumstances described in clauses 72.2 (1) (a), (b) and (c) of the Child and Family Services Act.

(2) Section 41 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1999, chapter 12, Schedule P, section 2, is amended by adding the following subsections:

Costs of representation

(3) If the coroner in an inquest into the death of a victim as defined in the Victims' Bill of Rights, 1995 designates a spouse, same-sex partner or parent of the victim as a person with standing at the inquest, the person may apply to the Minister to have the costs that the person incurs for representation by legal counsel in connection with the inquest paid out of the victims' justice fund account continued under subsection 5 (1) of the Victims' Bill of Rights, 1995.

Payment

(4) Subject to the approval of Management Board of Cabinet, payment of the costs described in subsection (3) may be made out of the victims' justice fund account.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is Kevin's Law (Child and Family Services Statute Law Amendment), 2004.

EXPLANATORY NOTE

The Bill amends the Child and Family Services Act.

If a children's aid society applies to a court for an order under the Act respecting access to a child by a parent of the child and the court makes the order, the court on making the order is required to specify the supervision to which the access is subject if the parent has been charged with or convicted of an offence under the Criminal Code (Canada) involving an act of violence against the child or the other parent of the child.

A person or children's aid society that obtains information that a child has died shall report the information to the Minister of Children and Youth Services if a court made an order under the Act denying access to the child by a parent of the child or making the access subject to supervision, if, on the application of a children's aid society, a court varied the order to grant the access or to make it no longer subject to supervision and if the child subsequently died as a result of a criminal act while in the custody or charge of the parent. The Minister shall report the information to the Minister of Community Safety and Correctional Services who administers the Coroners Act. That Minister shall direct a coroner to hold an inquest into the death.

If the coroner in an inquest into the death of a victim as defined in the Victims' Bill of Rights, 1995 designates a spouse, same-sex partner or parent of the victim as a person with standing at the inquest, the person may apply to the Minister of Community Safety and Correctional Services to have the costs that the person incurs for representation by legal counsel in connection with the inquest paid from the victims' justice fund account.