Bill 81 2008

An Act to amend the Child and Family Services Act and the Coroners Act with respect to inquests into children's deaths

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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

   1.  Section 72.2 of the Child and Family Services Act is repealed and the following substituted:

Duty to report child's death

   72.2  (1)  A person or society that obtains information that a child has died on or after January 1, 2006 shall report the information to a coroner if,

  (a)  the child is the subject of an access order made or varied by a court on application by a society; and

  (b)  the child died while in the custody or charge of a parent or family member as a result of the actions of the parent or family member.

Same

   (2)  For deaths that occurred between January 1, 2006 and October 1, 2008, a report under subsection (1) shall be made by January 1, 2009 or within such time as determined by the coroner.

   2.  Section 22.1 of the Coroners Act is repealed and the following substituted:

Inquest mandatory

   22.1  A coroner shall hold an inquest under this Act into the death of a child upon learning that the child died on or after January 1, 2006 in the circumstances described in subsection 72.2 (1) of the Child and Family Services Act.

Commencement

   3.  This Act comes into force on October 1, 2008.

Short title

   4.  The short title of this Act is the Justice for Jared Act (Child and Family Services Statute Law Amendment), 2008.

EXPLANATORY NOTE

The Bill amends the Child and Family Services Act and the Coroners Act to require a person or children's aid society that obtains information that a child has died on or after January 1, 2006 to report the information to a coroner if the child was the subject of an access order made or varied by a court on application by a society and, as a result of the actions of a parent or family member who had custody or charge of the child at the time, the child died.  In these circumstances, the coroner is required to hold an inquest into the death.