Ontario Police College Study Guide - Child, Youth & Family Services Act - PDF

PROVINCIAL STATUTES CHILD, YOUTH AND FAMILY SERVICES ACT STUDY GUIDE BASIC CONSTABLE TRAINING A permanent member of the academic instructional staff at the Ontario Police College designed and prepared the following independent study/reference guide. It is designed for the benefit and convenience...

PROVINCIAL STATUTES CHILD, YOUTH AND FAMILY SERVICES ACT STUDY GUIDE BASIC CONSTABLE TRAINING A permanent member of the academic instructional staff at the Ontario Police College designed and prepared the following independent study/reference guide. It is designed for the benefit and convenience of law enforcement personnel, attending the Basic Constable Training Course. Excerpts of relevant statutes and Regulations are included for study purposes only. For official use, please refer to the Act itself, other legal publications or www.ontario.ca/laws . Every effort is made to ensure the accuracy of this study guide. However, if errors or omissions are located, please advise the following: Mr. J. Rutherford, Instructor, Subject Coordinator for Provincial Statutes, Ministry of Community Safety and Correctional Services, Ontario Police College, 10716 Hacienda Road P.O. Box 1190 Aylmer West, Ontario N5H 2T2 Telephone: (519) 773-4271 Facsimile: (519) 773-8225 Chief Instructor for Basic Constable Training, Mr. Karl Thomas *Original versions created by Instructor Phil Hutchin Revised November 2009, October 2010, May 2011, June 2011, July 2011, Validated January 2012, Revised March 2012 (PJH) Revised April 2013, 2014 (JLR) Revised May 2018 (upon proclamation of CYFSA 2017) This document is subject to copyright of the Queen’s Printer for Ontario. The Ontario Police College reserves all rights to any written data. No person shall use, reproduce, distribute in any form or by any means, store in any database or retrieval system, transmit electronically or mechanically, or record or photocopy any part without prior and explicit written permission of the Ontario Crown. Address all inquiries for use or reproduction of this publication, to the Director of the Ontario Police College. The Crown will rigorously pursue any violation of this copyright. © Copyright, Queen’s Printer for Ontario 2018 Child, Youth and Family Services Act 2 May 2018 EXCERPTS: CHILD, YOUTH AND FAMILY SERVICES ACT (Please refer to Ontario.ca (formerly E-Laws) website for the most current consolidated laws) PART I PURPOSES AND INTERPRETATION PURPOSES Paramount purpose and other purposes Paramount purpose 1 (1) The paramount purpose of this Act is to promote the best interests, protection and well-being of children. INTERPRETATION Interpretation Definitions 2 (1) In this Act, “place of open custody” means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu ouvert”) “place of open temporary detention” means a place of temporary detention in which the Minister has established an open detention program; (“lieu de détention provisoire en milieu ouvert”) “place of secure custody” means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act(Canada) or otherwise; (“lieu de garde en milieu fermé”) “place of secure temporary detention” means a place of temporary detention in which the Minister has established a secure detention program; (“lieu de détention provisoire en milieu fermé”) “place of temporary detention” means a place or facility designated as a place of temporary detention under the Youth Criminal Justice Act (Canada); (“lieu de détention provisoire”) “child” means a person younger than 18; (“enfant”) “child in care” means a child or young person who is receiving residential care from a service provider and includes, (a) a child who is in the care of a foster parent, and Child, Youth and Family Services Act 3 May 2018 (b) a young person who is, (i) detained in a place of temporary detention under the Youth Criminal Justice Act (Canada), “young person” means, (a) a person who is or, in the absence of evidence to the contrary, appears to be 12 or older but younger than 18 and who is charged with or found guilty of an offence under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or (b) if the context requires, any person who is charged under the Youth Criminal Justice Act (Canada) with having committed an offence while they were a young person or who is found guilty of an offence under the Youth Criminal Justice Act (Canada). (“adolescent”) (ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act(Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or (iii) held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “enfant qui reçoit des soins”) PART V CHILD PROTECTION INTERPRETATION Interpretation Definitions 74 (1) In this Part, “child protection worker” means a Director, a local director or a person who meets the prescribed requirements and who is authorized by a Director or local director for the purposes of section 81 (commencing child protection proceedings) and for other prescribed purposes; (“préposé à la protection de l’enfance”) “extra-provincial child protection order” means a temporary or final order made by a court of another province or a territory of Canada, or of a prescribed jurisdiction outside Canada if it meets prescribed conditions, pursuant to child welfare legislation of that province, territory or other jurisdiction, placing a child into the care and custody of a child welfare authority or other person named in the order; (“ordonnance extraprovinciale de protection d’un enfant”) Child, Youth and Family Services Act 4 May 2018 “parent”, when used in reference to a child, means each of the following persons, but does not include a foster parent: 1. A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act. 2. In the case of a child conceived through sexual intercourse, an individual described in one of paragraphs 1 to 5 of subsection 7 (2) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that the sperm used to conceive the child did not come from the individual. 3. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child. 4. In the case of an adopted child, a parent of the child as provided for under section 217 or 218. 5. An individual who has lawful custody of the child. 6. An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support. 7. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child. 8. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (“parent”) “place of safety” means a foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director or local director under section 39, but does not include a place of temporary detention, of open custody or of secure custody; (“lieu sûr”) Child in need of protection (2) A child is in need of protection where, (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; (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, Child, Youth and Family Services Act 5 May 2018 (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; (c) the child has been sexually abused 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 abuse or sexual exploitation and fails to protect the child; (d) there is a risk that the child is likely to be sexually abused or sexually exploited as described in clause (c); (e) the child requires 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 the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996 and the parent is a substitute decision-maker for the child, the parent refuses or is unavailable or unable to consent to the treatment on the child’s behalf; (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; (g) 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 services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the harm; (h) 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; (i) 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 services or treatment or access to Child, Youth and Family Services Act 6 May 2018 services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment to prevent the harm; (j) 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 treatment or access to treatment, or where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to the treatment to remedy or alleviate the condition; (k) the child’s parent has died or is unavailable to exercise 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; (l) the child is younger than 12 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 services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment; (m) the child is younger than 12 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; (n) the child’s parent is unable to care for the child and the child is brought before the court with the parent’s consent and, where the child is 12 or older, with the child’s consent, for the matter to be dealt with under this Part; or (o) the child is 16 or 17 and a prescribed circumstance or condition exists. Best interests of child (3) Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall, (a) consider the child’s views and wishes, given due weight in accordance with the child’s age and maturity, unless they cannot be ascertained; (b) in the case of a First Nations, Inuk or Métis child, consider the importance, in recognition of the uniqueness of First Nations, Inuit and Métis cultures, heritages and traditions, of preserving the child’s cultural identity and connection to community, in addition to the considerations under clauses (a) and (c); and (c) consider any other circumstance of the case that the person considers relevant, including, Child, Youth and Family Services Act 7 May 2018 (i) the child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs, (ii) the child’s physical, mental and emotional level of development, (iii) the child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression, (iv) the child’s cultural and linguistic heritage, (v) the importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family, (vi) the child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community, (vii) the importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity, (viii) the merits of a plan for the child’s care proposed by a society, including a proposal that the child be placed for adoption or adopted, compared with the merits of the child remaining with or returning to a parent, (ix) the effects on the child of delay in the disposition of the case, (x) the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent, and (xi) the degree of risk, if any, that justified the finding that the child is in need of protection. Place of safety (4) For the purposes of the definition of “place of safety” in subsection (1), a person’s home is a place of safety for a child if, (a) the person is a relative of the child or a member of the child’s extended family or community; and (b) a society or, in the case of a First Nations, Inuk or Métis child, a society or a child and family service authority, has conducted an assessment of the person’s home in accordance with the prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child. Child, Youth and Family Services Act 8 May 2018 Society agreements with 16 and 17 year olds 77 (1) The society and a child who is 16 or 17 may make a written agreement for services and supports to be provided for the child where, (a) the society has jurisdiction where the child resides; (b) the society has determined that the child is or may be in need of protection; (c) the society is satisfied that no course of action less disruptive to the child, such as care in the child’s own home or with a relative, neighbour or other member of the child’s community or extended family, is able to adequately protect the child; and (d) the child wants to enter into the agreement. Term of agreement (2) The agreement may be for a period not exceeding 12 months, but may be renewed if the total term of the agreement, as extended, does not exceed 24 months. Previous or current involvement with society not a bar to agreement (3) A child may enter into an agreement under this section regardless of any previous or current involvement with a society, and without regard to any time during which the child has been in a society’s care pursuant to an agreement made under section 75 (1) or pursuant to an order made under clause 94 (2) (d) or paragraph 2 or 3 of subsection 101 (1). Notice of termination of agreement (4) A party to an agreement made under this section may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement. Agreement expires at 18 (5) No agreement made under this section shall continue beyond the 18th birthday of the person who is its subject. Current agreements and orders must be terminated first (6) Despite subsection (3), an agreement may not come into force under this section until any temporary care agreement under section 75 or order for the care or supervision of a child under this Part is terminated. Child, Youth and Family Services Act 9 May 2018 COMMENCING CHILD PROTECTION PROCEEDINGS Warrants, orders, etc. Application 81 (1) A society may apply to the court to determine whether a child is in need of protection. Warrant to bring child to place of safety (2) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that, (a) the child is younger than 16; (b) the child is in need of protection; and (c) a less restrictive course of action is not available or will not protect the child adequately. When warrant may not be refused (3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7). Order to produce child or bring child to place of safety (4) Where the court is satisfied, on a person’s application upon notice to a society, that there are reasonable and probable grounds to believe that, (a) a child is in need of protection, the matter has been reported to the society, the society has not made an application under subsection (1), and no child protection worker has sought a warrant under subsection (2) or brought the child to a place of safety under subsection (7); and (b) the child cannot be protected adequately otherwise than by being brought before the court, the court may order, (c) that the person having charge of the child produce the child before the court at the time and place named in the order for a hearing under subsection 90 (1) to determine whether the child is in need of protection; or Child, Youth and Family Services Act 10 May 2018 (d) where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety. Child’s name, location not required (5) It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located. Authority to enter, etc. (6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child. Bring child to place of safety without warrant (7) A child protection worker who believes on reasonable and probable grounds that, (a) a child is in need of protection; (b) the child is younger than 16; and (c) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 90 (1) or obtain a warrant under subsection (2), may without a warrant bring the child to a place of safety. Police assistance (8) A child protection worker acting under this section may call for the assistance of a peace officer. Consent to examine child (9) A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required. Right of entry, etc. (10) A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. Child, Youth and Family Services Act 11 May 2018 Regulations re power of entry (11) A child protection worker authorized to enter premises under subsection (6) or (10) shall exercise the power of entry in accordance with the regulations. Peace officer has powers of child protection worker (12) Subsections (2), (6), (7), (10) and (11) apply to a peace officer as if the peace officer were a child protection worker. Protection from personal liability (13) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty. Exception, 16 and 17 year olds brought to place of safety with consent 82 (1) A child protection worker may bring a child who is 16 or 17 and who is subject to a temporary or final supervision order to a place of safety if the child consents. Temporary or final supervision order (2) In this section, “temporary or final supervision order” means an order under clause 94 (2) (b) or (c), paragraph 1 or 4 of subsection 101 (1), subsection 112 (8) or 115 (10) or clause 116 (1) (a). SPECIAL CASES OF BRINGING CHILDREN TO A PLACE OF SAFETY Bringing children who are removed from or leave care to place of safety With warrant 83 (1) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that, (a) the child is actually or apparently younger than 16, and, (i) has left or been removed from a society’s lawful care and custody without its consent, or (ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and Child, Youth and Family Services Act 12 May 2018 (b) there are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. When warrant may not be refused (2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). No need to specify premises (3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. Without warrant (4) A peace officer or child protection worker may without a warrant bring the child to a place of safety if the peace officer or child protection worker believes on reasonable and probable grounds that, (a) the child is actually or apparently younger than 16, and, (i) has left or been removed from a society’s lawful care and custody without its consent, or (ii) is the subject of an extra-provincial child protection order and has left or been removed from the lawful care and custody of the child welfare authority or other person named in the order; and (b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1). Bringing child younger than 12 home or to place of safety 84 (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently younger than 12 has committed an act in respect of which a person 12 or older could be found guilty of an offence may bring the child to a place of safety without a warrant and on doing so, (a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or (b) where it is not possible to return the child to the parent or other person within a reasonable time, shall bring the child to a place of safety until the child can be returned to the parent or other person. Child, Youth and Family Services Act 13 May 2018 Notice to parent, etc. (2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person. Where child not returned to parent, etc., within 12 hours (3) Where a child brought to a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within 12 hours of being brought to the place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (7) and not under subsection (1). Children who withdraw from parent’s care Warrant to bring child to a place of safety 85 (1) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of the sworn information of a person that, (a) the child is younger than 16; (b) the child has withdrawn from the person’s care and control without the person’s consent; and (c) the person believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not brought to a place of safety. Child to be returned or brought to a place of safety (2) A person acting under a warrant issued under subsection (1) shall return the child to the person with care and control of the child as soon as practicable and where it is not possible to return the child to that person within a reasonable time, bring the child to a place of safety. Notice to person with care, custody or control (3) The person in charge of a place of safety to which a child is brought under subsection (2) shall make reasonable efforts to notify the person with care and control of the child that the child is in the place of safety so that the child may be returned to that person. Where child not returned within 12 hours (4) Where a child brought to a place of safety under subsection (2) cannot be returned to the person with care and control of the child within 12 hours of being brought to the Child, Youth and Family Services Act 14 May 2018 place of safety, the child is deemed to have been brought to a place of safety under subsection 81 (2) and not under subsection (1). Where custody enforcement proceedings more appropriate (5) A justice of the peace shall not issue a warrant under subsection (1) in respect of a child who has withdrawn from the care and control of a person where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate. No need to specify premises (6) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. Child protection proceedings (7) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child brought to a place of safety under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the person with care and control of the child, (a) the peace officer or child protection worker may bring the child to a place of safety under subsection 81 (7); or (b) where the child has been brought to a place of safety under subsection (4), the child is deemed to have been brought there under subsection 81 (7). Authority to enter, etc. 86 (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 83 (1) or 85 (1) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child Right of entry, etc. (2) A person authorized under subsection 83 (4) or 84 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. Regulations re power of entry (3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations. Police assistance Child, Youth and Family Services Act 15 May 2018 (4) A child protection worker acting under section 83 or 85 may call for the assistance of a peace officer. Consent to examine child (5) Where subsection 84 (3) or 85 (4) applies to a child brought to a place of safety, a child protection worker may authorize the child’s medical examination where a parent’s consent would be otherwise required. Protection from personal liability (6) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or section 83, 84 or 85 or for an alleged neglect or default in the execution in good faith of that duty. DUTY TO REPORT Duty to report child in need of protection 125 (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 immediately 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 abused 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 abuse or sexual exploitation and fails to protect the child. 4. There is a risk that the child is likely to be sexually abused or sexually exploited as described in paragraph 3. Child, Youth and Family Services Act 16 May 2018 5. The child requires 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 the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, the treatment on the child’s behalf. 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, 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. 7. The child has suffered emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, 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 6 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. 9. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, 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 the treatment or access to the treatment, or where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition. Child, Youth and Family Services Act 17 May 2018 11. The child’s parent has died or is unavailable to exercise 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 younger than 12 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 services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment. 13. The child is younger than 12 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 the person 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 the person’s behalf. Duty to report does not apply to older children (4) Subsections (1) and (2) do not apply in respect of a child who is 16 or 17, but a person may make a report under subsection (1) or (2) in respect of a child who is 16 or 17 if either a circumstance or condition described in paragraphs 1 to 11 of subsection (1) or a prescribed circumstance or condition exists. Offence (5) A person referred to in subsection (6) is guilty of an offence if, (a) the person 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 the person’s professional or official duties. Professionals and officials Child, Youth and Family Services Act 18 May 2018 (6) Subsection (5) 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, person appointed to a position designated by a board of education as requiring an early childhood educator, school principal, social worker, family counsellor, youth and recreation worker, and operator or employee of a child care centre or home child care agency or provider of licensed child care within the meaning of the Child Care and Early Years Act, 2014; (c) a religious official; (d) a mediator and an arbitrator; (e) a peace officer and a coroner; (f) a lawyer; and (g) a service provider and an employee of a service provider. Volunteer excluded (7) In clause (6) (b), “youth and recreation worker” does not include a volunteer. Director, officer or employee of corporation (8) A director, officer or employee of a corporation who authorizes, permits or concurs in the commission of an offence under subsection (5) by an employee of the corporation is guilty of an offence. Penalty (9) A person convicted of an offence under subsection (5) or (8) is liable to a fine of not more than $5,000. Section overrides privilege; protection from liability (10) This section applies although the information reported may be confidential or privileged, and no action for making the report shall be instituted against a person who acts in accordance with this section unless the person acts maliciously or without reasonable grounds for the suspicion. Solicitor-client privilege Child, Youth and Family Services Act 19 May 2018 (11) Nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client. Conflict (12) This section prevails despite anything in the Personal Health Information Protection Act, 2004. Society to assess and verify report of child in need of protection 126 (1) A society that receives a report under section 125 that a child, including a child in the society’s care or supervision, is or may be in need of protection shall as soon as possible carry out an assessment as prescribed and verify the reported information, or ensure that the information is assessed and verified by another society. Protection from liability (2) No action or other proceeding for damages shall be instituted against an officer or employee of a society, acting in good faith, for an act done in the execution or intended execution of the duty imposed on the society by subsection (1) or for an alleged neglect or default of that duty. Society to report abuse of child in its care and custody 127 (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 report the information to a Director as soon as possible. Definition (2) In this section and in sections 129 and 133, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (2) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 6) Definition (2) In this section and section 129, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j). 2017, c. 14, Sched. 3, s. 6. Child, Youth and Family Services Act 20 May 2018 Offences re interfering, etc. with child in society supervision or care 140 If a child is the subject of an order for society supervision, interim society care or extended society care made under paragraph 1, 2 or 3 of subsection 101 (1) or clause 116 (1) (a) or (c), no person shall, (a) induce or attempt to induce the child to leave the care of the person with whom the child is placed by the court or by the society, as the case may be; (b) detain or harbour the child after the person or society referred to in clause (a) requires that the child be returned; (c) interfere with the child or remove or attempt to remove the child from any place; or (d) for the purpose of interfering with the child, visit or communicate with the person referred to in clause (a). Offences re false information, obstruction, etc. 141 No person shall, (a) knowingly give false information in an application under this Part; or (b) obstruct, interfere with or attempt to obstruct or interfere with a child protection worker or a peace officer who is acting under section 81, 83, 84, 85 or 86. Other offences 142 (1) A person who contravenes, (a) an order for access made under subsection 104 (1); (b) subsection 130 (6) (disclosure of information); (c) subsection 133 (6) or (10) (confidentiality of child abuse register); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 142 (1) (c) of the Act is repealed. (See: 2017, c. 14, Sched. 3, s. 8 (1)) (d) an order made under subsection 134 (8) (amendment of society’s records); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 142 (1) (d) of the Act is repealed. (See: 2017, c. 14, Sched. 3, s. 8 (1)) (e) subsection 136 (3) or (4) (leaving child unattended, etc.); (f) a restraining order made under subsection 137 (1); (g) section 139 (unauthorized placement); (h) any provision of section 140 (interference with child, etc.); or (i) clause 141 (a) or (b) (false information, obstruction, etc.), Child, Youth and Family Services Act 21 May 2018 and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. Offence of child abuse (2) A person who contravenes subsection 136 (2) (child abuse), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years, or to both. Offences re publication (3) A person who contravenes subsection 87 (8) or 134 (11) (publication of identifying information) or an order prohibiting publication made under clause 87 (7) (c) or subsection 87 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 142 (3) of the Act is amended by striking out “or 134 (11)”. (See: 2017, c. 14, Sched. 3, s. 8 (2)) Police Assistance Powers of peace officers, period of commitment Police may take child for secure treatment 172 (1) A peace officer may take a child to a place where there is a secure treatment program, (a) for emergency admission, at the request of an applicant referred to in subsection 171 (1); or (b) where an order for the child’s commitment to the secure treatment program has been made under section 164. Apprehension of child who leaves (2) Where a child who has been admitted to a secure treatment program leaves the facility in which the secure treatment program is located without the consent of the administrator, a peace officer may apprehend the child with or without a warrant and return the child to the facility. Child, Youth and Family Services Act 22 May 2018 Period of commitment (3) Where a child is returned to a facility under subsection (2), the time that the child was absent from the facility shall not be taken into account in calculating the period of commitment. ------------------------------------------------------------------------------------------------------------------------------- O. Reg. 155/18: GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 Child Protection – General Power of entry 29. A person entering a premises under subsection 81 (11) or 86 (3) of the Act shall produce identification, including evidence of appointment or authorization, as the case may be, on request of the occupier. Child, Youth and Family Services Act 23 May 2018