Bill 84 2010

An Act to amend the Child and Family Services Act to provide protection to drug endangered children

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.  (1)  Subsection 37 (1) of the Child and Family Services Act is amended by adding the following definition:

"drug" means a controlled substance or an analogue as defined in the Controlled Drugs and Substances Act (Canada); ("drogue")

   (2)  Subsection 37 (2) of the Act is amended by adding the following clause:

(h.1) the child is a drug endangered child as described in subsection (2.1);

   (3)  Section 37 of the Act is amended by adding the following subsection:

Drug endangered child

   (2.1)  A child is a drug endangered child if,

  (a)  the child's parent or the person having charge of the child exposes the child or allows the child to be exposed to, or to ingest, inhale or have any contact with, a chemical or other substance that is used to illegally manufacture a drug;

  (b)  the child's parent or the person having charge of the child illegally manufactures a drug in the presence of the child, or causes or allows the child to enter or remain in any place where a drug is illegally manufactured or stored;

   (c)  the child's parent or the person having charge of the child possesses a chemical or other substance which is used to illegally manufacture a drug in a place where the child resides;

  (d)  the child's parent or the person having charge of the child exposes the child or allows the child to be exposed to a place where a drug is grown or produced;

  (e)  the child's parent or the person having charge of the child involves the child in or exposes the child to the traffic as defined in the Controlled Drugs and Substances Act (Canada) of a drug; or

    (f)  the child has been, is being or is in substantial risk of being, physically injured, emotionally injured or sexually abused because the child's parent or the person having charge of the child is exposing the child to any illegal activity involving a drug.

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

Notice of apprehension of child

   45.1  (1)  As soon as practicable after a child protection worker brings a child to a place of safety under section 40 or a peace officer apprehends a child under subsection 79 (6), the worker or the peace officer, as the case may be, shall give notice of the apprehension to the person who last had charge of the child and, if known, to the persons last having lawful custody of the child.

Reasons

   (2)  The notice shall include a statement of the reasons for the apprehension and the telephone number of the office of Legal Aid Ontario that is nearest to the last known residence of the person receiving the notice.

Method of giving notice

   (3)  The notice may be given orally or in writing.

Saving

   (4)  The validity of proceedings under this Act is not affected by reason only that a person who is required to give the notice is unable, after reasonable effort, to do so.

   3.  Subsection 79 (2) of the Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

   (c)  cause a child to be a drug endangered child as described in subsection 37 (2.1).

Commencement

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

Short title

   5.  The short title of this Act is the Child and Family Services Amendment Act (Protection of Drug Endangered Children), 2010.

EXPLANATORY NOTE

The Bill amends the Child and Family Services Act to add drug endangered children as a category of children in need of protection. A child is drug endangered in circumstances such as those where a child is exposed to a substance that is used to illegally manufacture an illegal drug or is exposed to that manufacture or production.

A child protection worker who brings a child to a place of safety under the Act or a peace officer who apprehends a child under the Act is required to give notice of the apprehension as soon as practicable to the person who last had charge of the child and, if known, to the persons last having lawful custody of the child. The notice must include a statement of the reasons for the apprehension and the telephone number of the office of Legal Aid Ontario that is nearest to the last known residence of the person receiving the notice.

It is an offence for a person having charge of a child to cause the child to be drug endangered.