[39] Bill 179 As Amended by Standing Committee (PDF)
Bill 179 2011
An Act to amend the Child and Family Services Act respecting adoption and the provision of care and maintenance
Note: This Act amends the Child and Family Services Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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 71.1 of the Child and Family Services Act is amended by adding the following subsections:
Same, prescribed support
services
(3) A society or agency may provide
care and maintenance in accordance with the regulations to a person who is 18
years of age or more if, immediately before the person's 18th birthday, the
person was receiving support services prescribed by the regulations.
Same, prescribed support services
(3) A society or agency may provide care and maintenance in accordance with the regulations to a person who is 18 years of age or more if, when the person was 16 or 17 years of age, he or she was eligible for support services prescribed by the regulations, whether or not he or she was receiving such support services.
Resuming receipt
(4) Subject to the terms and conditions in this section, a person who chooses to stop receiving care and maintenance under this section may choose to resume receiving it.
Same
(5) Subsection (4) applies where the person has chosen to stop receiving care and maintenance on one occasion or, at the discretion of the society or agency providing the care and maintenance, on more than one occasion.
2. Section 141.1 of the Act is repealed and the following substituted:
Limitation on placement by society
141.1 A society shall not place a Crown ward for adoption until,
(a) the time for commencing an appeal of the order for Crown wardship under subsection 57 (1) or 65.2 (1) has expired; or
(b) any appeal of the order for Crown wardship has been finally disposed of or abandoned.
3. The Act is amended by adding the following section:
Adoption planning
141.1.1 (1) Nothing in this Act prohibits a society from planning for the adoption of a Crown ward in respect of whom there is an access order in effect under Part III (Child Protection).
Openness
(2) Where a society begins planning for the adoption of a child who is a Crown ward, the society shall consider the benefits of an openness order or openness agreement in respect of the child.
4. Subsection 143 (1) of the Act is repealed and the following substituted:
Access orders terminate
(1) When a child is placed for adoption by a society or licensee, every order respecting access to the child is terminated, including an access order made under Part III (Child Protection) in respect of a Crown ward.
5. Subsection 145.1 (4) of the Act is amended by striking out "Any openness order made in respect of a child" at the beginning and substituting "Any openness order made under this section in respect of a child".
6. The Act is amended by adding the following sections:
Access order in effect
Notice of intent to place for adoption
145.1.1 (1) This section applies where,
(a) a society intends to place a child who is a Crown ward for adoption; and
(b) an order under Part III (Child Protection) has been made respecting a person's access to the child or the child's access to another person.
Notice
(2) In the circumstances described in subsection (1), the society shall give notice to the following persons:
1. The person who has been granted an access order.
2. The person with respect to whom an access order has been granted.
Right to apply for openness order
(3) The society shall include in the notice the following information:
1. Notice that the society intends to place the child for adoption.
2. Notice that the access order terminates upon placement for adoption.
3. In the case of notice to a person described in paragraph 1 of subsection (2), the fact that the person has a right to apply for an openness order within 30 days after notice is received.
4. In the case of notice to a person described in paragraph 2 of subsection (2), the fact that the person described in paragraph 1 of subsection (2) has the right to apply for an openness order within 30 days after notice is received.
Method of giving notice
(4) Notice may be given by any of the following methods:
1. Leaving a copy,
i. with the person,
ii. if the person appears to be mentally incapable in respect of an issue in the notice, with the person and with the guardian of the person's property or, if none, with the Public Guardian and Trustee, or
iii. if the person is a child, with the child and with the child's lawyer, if any.
2. Leaving a copy with the
person's lawyer of record or with a lawyer who accepts the notice
in writing on a copy of the document.
Alternate method
(5) On application without notice by a society, the court may order that notice under subsection (2) be given by another method chosen by the court if the society,
(a) provides detailed evidence showing,
(i) what steps have been taken to locate the person to whom the notice is to be given, and
(ii) if the person has been located, what steps have been taken to give the notice to the person; and
(b) shows that the method of giving notice could reasonably be expected to bring the notice to the person's attention.
Notice not required
(6) On application without notice by a society, the court may order that the society is not required to give notice under subsection (2) if,
(a) reasonable efforts to locate the person to whom the notice is to be given have not been or would not be successful; and
(b) there is no method of giving notice that could reasonably be expected to bring the notice to the person's attention.
Access order in effect
Application for openness order
145.1.2 (1) A person described in paragraph 1 of subsection 145.1.1 (2) may, within 30 days after notice is received, apply to the court for an openness order.
Notice of application
(2) A person making an application for an openness order under this section shall give notice of the application to,
(a) the society having care and custody of the child;
(b) the child, except as otherwise provided under subsection 39 (4) or (5); and
(c) if the child is bringing the application, the person who will be permitted to communicate with or have a relationship with the child if the order is made.
Condition on placement
(3) A society shall not place a child for adoption before the time for applying for an openness order under subsection (1) has expired unless every person who is entitled to do so has made an application for an openness order under this section.
Information before placement
(4) Where an application for an openness order under this section has been made, a society shall, before placing the child for adoption, advise the person with whom it plans to place the child of the following:
1. The fact that such an application has been made.
2. The relationship of the applicant to the child.
3. The details of the openness arrangement requested.
Outcome of application
(5) Where an application for an openness order under this section has been made, a society shall advise the person with whom the society has placed or plans to place the child for adoption or, after an adoption order is made, the adoptive parent of the outcome of the application.
Openness order
(6) The court may make an openness
order under this section in respect of a child if it is satisfied that,
(a) the openness order is
in the best interests of the child; and
(b) the child has consented
to the order, if he or she is 12 years of age or older.
Same
(7) In deciding whether to make an
openness order under this section, the court shall consider,
(a) whether the openness
order would permit the continuation of a relationship with a person that is beneficial
and meaningful to the child; and
(b) the ability of the
person with whom the society has placed or plans to place the child for
adoption or, after the adoption order is made, the adoptive parent to comply
with the arrangement under the openness order.
Openness order
(6) The court may make an openness order under this section in respect of a child if it is satisfied that,
(a) the openness order is in the best interests of the child;
(b) the openness order will permit the continuation of a relationship with a person that is beneficial and meaningful to the child; and
(c) the child has consented to the order, if he or she is 12 years of age or older.
Same
(7) In deciding whether to make an openness order under this section, the court shall consider the ability of the person with whom the society has placed or plans to place the child for adoption or, after the adoption order is made, the adoptive parent to comply with the arrangement under the openness order.
Consent of society required
(8) The court shall not, under this section, direct a society to supervise or participate in the arrangement under an openness order without the consent of the society.
Termination of openness order if Crown wardship terminates
(9) Any openness order made under this section in respect of a child terminates if the child ceases to be a Crown ward by reason of an order made under subsection 65.2 (1).
Temporary orders
(10) The court may make such temporary order relating to openness under this section as the court considers to be in the child's best interests.
7. (1) Subsection 145.2 (1) of the Act is amended by striking out "section 145.1" at the end and substituting "section 145.1 or 145.1.2".
(2) Subsection 145.2 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Order to terminate openness order
(5) The court shall not terminate an openness order under this section unless the court is satisfied that,
. . . . .
(3) Subsection 145.2 (6) of the Act is amended by striking out "The court shall not direct a society" at the beginning and substituting "The court shall not, under this section, direct a society".
(4) Subsection 145.2 (8) of the Act is repealed and the following substituted:
Temporary orders
(8) The court may make such temporary order relating to openness under this section as the court considers to be in the child's best interests.
8. (1) Subsection 153.1 (1) of the Act is amended by striking out "an openness order" in the portion before paragraph 1 and substituting "an openness order made under section 145.1 or 145.1.2".
(2) Subsection 153.1 (8) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Order to terminate openness order
(8) The court shall not terminate an openness order under this section unless the court is satisfied that,
. . . . .
(3) Subsection 153.1 (9) of the Act is amended by striking out "The court shall not direct a society" at the beginning and substituting "The court shall not, under this section, direct a society".
9. Section 153.3 of the Act is amended by striking out "sections 145.1, 145.2, 153.1 and 153.2" at the end and substituting "sections 145.1, 145.1.2, 145.2, 153.1 and 153.2".
10. Section 153.4 of the Act is amended by striking out "section 145.1, 145.2, 153.1 or 153.2" and substituting "section 145.1, 145.1.2, 145.2, 153.1 or 153.2".
11. Subsection 153.5 (1) of the Act is amended by striking out "section 145.1, 145.2 or 153.1" and substituting "section 145.1, 145.1.2, 145.2 or 153.1".
12. (1) Clause 216 (c) of the Act is repealed.
(2) Section 216 of the Act is amended by adding the following subsection:
Same
(2) The Minister may make regulations
prescribing the care and maintenance that may be provided to persons under section
71.1, and the terms and conditions on which the care and maintenance may be
provided.
Same
(2) The Minister may make regulations,
(a) prescribing the care and maintenance that may be provided to persons under section 71.1, and the terms and conditions on which the care and maintenance may be provided;
(b) prescribing support services for the purposes of subsection 71.1 (3).
Commencement
13. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
14. The short title of this Act is the Building Families and Supporting Youth to be Successful Act, 2011.
This reprint of the Bill is marked to indicate the changes that were made in Committee.
The changes are indicated by underlines for new text and a strikethrough for deleted text.
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EXPLANATORY NOTE
The Bill amends section 71.1 of the Child and Family Services Act
to permit a society to provide care and maintenance to persons who are 18 years of
age or more who, immediately before their 18th birthday, were receiving a person
who is 18 years of age or more if, when the person was 16 or 17 years of age,
he or she was eligible for support services that are prescribed by
the regulations under the Act.
Currently, section 141.1 of the Act provides that a child cannot be placed for adoption until any outstanding access order made under Part III of the Act respecting the child has been terminated. That section is repealed and re-enacted without that condition. Subsection 143 (1) of the Act is amended to provide that when a child is placed for adoption, any outstanding access order automatically terminates.
New section 141.1.1 of the Act provides that nothing prohibits a society from planning for the adoption of a Crown ward in respect of whom a Part III access order is in effect. Section 141.1.1 also provides that where a society plans for the adoption of a Crown ward, it must consider the benefits of an openness order or openness agreement in respect of the child. Currently, section 145.1 of the Act allows courts to make openness orders for Crown wards who are the subject of a plan for adoption where no access order is in effect. Section 153.6 of the Act provides for openness agreements.
The Act is amended to provide for openness orders where a society intends to place a Crown ward for adoption and an access order is in effect. New section 145.1.1 provides that a society must give notice to the person who has been granted an access order and to the subject of the access order that the society intends to place the child for adoption and that the access order terminates upon adoption placement. The person who has been granted the access order also receives notice of the right to apply for an openness order.
New section 145.1.2 permits the person who has been granted an access order to apply for an openness order. Before placing a child for adoption, a society must inform the person with whom it plans to place the child if an application for an openness order has been made and must advise the person of the relationship of the applicant to the child and the details of the openness requested. Where an application has been made, the society must inform the person with whom the society has placed or plans to place the child, or the adoptive parent, of the outcome of the application. The court may make an openness order only if specified criteria are met, including if the order is in the best interests of the child.
Section 145.2 of the Act allows the society or a person with whom a child is placed for adoption to apply to vary or terminate an openness order, but only before an adoption order is made. After adoption, section 153.1 of the Act permits the adoptive parent, the person who is permitted by the openness order to communicate with the child or a society that participates in or supervises the arrangement under the openness order to apply to the court to vary or terminate the openness order. Sections 145.2 and 153.1, which currently apply to openness orders made under section 145.1, are amended to apply to openness orders under the new section 145.1.2.
New subsection 216 (2) of the Act permits the Minister of Children and Youth Services to make regulations regarding care and maintenance provided under the Act.