Ontario Child, Youth and Family Services Act #1 PDF

www.opcva.ca Child, Youth and Family Services Act #1 Provincial Statutes - Session #12 Version: BCT – Provincial Statutes | Jan 2023 PD 1 © Queen's Printer for Ontario, 2018 MHA REVIEW 2 Review • Definitions • Voluntary Patient • Informal Patient • Involuntary Patient • Mental Disorder • O...

www.opcva.ca Child, Youth and Family Services Act #1 Provincial Statutes - Session #12 Version: BCT – Provincial Statutes | Jan 2023 PD 1 © Queen's Printer for Ontario, 2018 MHA REVIEW 2 Review • Definitions • Voluntary Patient • Informal Patient • Involuntary Patient • Mental Disorder • Officer in Charge 3 MHA: INVOLUNTARY ADMISSION s.15 & s.33.3(1) s. 16 4 s. 22 MHA: Involuntary Admission JP: SECTION 16 (Form 2) Police Officer: SECTION 17 (Apprehension Without Warrant) Doctor: SECTION 15 Form 1 (APA) PSYCHIATRIC FACILITY ADMISSION 5 Judge: SECTION 22 (Form 8) 6 1. Under the Mental Health Act, an involuntary patient is defined as a: a) person who chooses to be admitted and can leave anytime. b) person who is a patient in a psychiatric facility under consent of another person who is entitled to give or refuse consent to treatment on his/her behalf. c) person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal. d) person who has been arrested for being unruly or engaged in a criminal act who is uncontrollable by other means. 7 2. A Justice of the Peace order for psychiatric assessment under section 16 of the Mental Health Act is directed to ____________ and is valid for ____________. a) police; 7 days b) peace officers; 14 days c) family members; 72 hours d) anyone; up to one month 8 3. A physician’s ‘Application for Psychiatric Assessment’ under section 15 of the Mental Health Act authorizes __________ to take the subject of the application to a psychiatric facility. a) police officers b) any person c) peace officers d) mental health providers and police officers. 9 4. A Judge’s order for admission under section 22 of the Mental Health Act, deals with persons who are already in custody and charged with an offence. Any person so ordered, may be admitted as a patient at a psychiatric facility for a period of: a) 72 hours b) 7 days c) not more than one month d) not more than two months 10 5. A physician’s order for examination under section 33.3 (Community Treatment Order) is directed to the police and is valid for: a) 72 hours b) 3 days c) 7 days d) 30 days 11 6. What authorization must a police officer have before making an apprehension under section 17 of the Mental Health Act? a) Application for Psychiatric Assessment (APA) b) Justice of the Peace’s Order c) No authorization required d) Judge’s Order 12 7. Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has ____________: a) reasonable suspicion to believe the person is suffering from a mental affliction. . . b) reason to believe the person has violated a Community Treatment Order. . . c) observed the person engaging in questionable behaviour. . . d) reasonable cause to believe the person is suffering from a mental disorder. . . 13 8. Where an Officer in Charge has issued a Form 9 Order for Return of an AWOL person, the order must be executed within _______________ of its issue. a) within 60 days b) within one month c) within two months d) a reasonable time 14 9. Police officers who are delivering a person in custody to a psychiatric facility, shall remain at the facility and retain custody until: a) the facility takes custody. b) relieved by other officers. c) the officer in charge of their unit releases them. d) the facility decides there is no longer a danger. 15 SUMMARY: Sec 17 MHA -- “4 Part Test” Present/Past Tests Part 1: Part 2: Future Tests P.O. on RPG believes person IS or HAS acted “Disorderly”; AND on “reasonable cause to believe” IS or HAS Demonstrated Violence OR can’t care for self; Part 3: AND Apparent Mental Illness LIKELY to result in serious bodily harm to anyone; Part 4: AND Too Dangerous to wait to get JP’s Order under sec. 16 SOCIAL PROTECTIVE LEGISLATION 17 PROV LAW – Remaining 5 Sessions 11/12 – Child, Youth and Family Services Act • Promote best interests, protection and well being of children 13 -- Family Law Act • Rules governing dissolution of marriages prior to divorce 14 -- Children’s Law Reform Act • Ensuring a child’s right to have reasonable access to both parents ---------------------------------------------------------------------15 -- Cumulative Provincial Law Course Review 18 Prior to coming to OPC to begin your police training some of you may have been exposed to traumatic situations either through a previous career, as a witness or as a survivor. Throughout your policing career there will be training topics and situations which may create emotional distress for you and that includes your time here at OPC. Today we are going to be talking about just such a subject. We want to remind you that in Week 1 we discussed the R2MR [Road to Mental Readiness Program] and identified personnel and resources available to you should you have the need to reach out and access them. Please do not hesitate to let someone know if you are experiencing distress. Establishing healthy resilience building skills early in your policing career can only benefit you going forward. 19 Case Study You and a partner are dispatched to a three-storey walk-up apartment complex regarding a possible injury to a child. You are met at apartment 201 by the female complainant, who tells you that she has been hearing the young couple in apartment 301 arguing for about the last 40 minutes. She states that she has also heard the couples’ eighteen-month-old boy crying very hard for about one hour. In the past, she has seen the parents of the boy yell at him and treat him in a very rough manner and she is now concerned for his safety. As you approach apartment 301, you can hear a male and female arguing and the crying of a young child from within. After knocking on the door, you are greeted by a rude and verbally abusive male in his early twenties, who speaks to you through a locked chain latch. The smell from the apartment is repulsive. Looking into the apartment you can see a dirty mess and a young child sitting on the floor against the wall, wearing only a diaper. The child is crying hard and is rocking back and forth. You notice bruising and swelling on the left side of his face, and dried blood around his nose and mouth. The “father,” using a great deal of profanity tells you that they don’t need your help, tells you to get lost and begins to shut the door. 20 Child, Youth and Family Services Act • Focus is protective, rather than punitive 21 Objectives • Definitions • Duty to Report Child Abuse • Police Apprehension Authorities 22 Abuse • means a state or condition of being physically harmed, sexually molested or sexually exploited • subsection 136 (1) CYFSA 23 Child • “child” means actually or apparently younger than 18 years old**; Subsection 2(1),CYFSA ** be aware regarding apprehension of a “child in need of protection” the child is younger than 16 years old. 24 Court • Ontario Court of Justice or Family Court of the Superior Court of Justice subsection 2 (1) CYFSA 25 Society • means an approved agency designated as a children's aid society under subsection 34 (1) subsection 2 (1) CYFSA 26 Place of Safety • a foster home, • a hospital, and • a place designated as such by a Director but does not include, • a place of temporary detention, • of open custody or • secure custody subsection 74(1) CYFSA NOTE: “place of safety” does not include: - a police station or a school 27 Child In Need of Protection • Under the Child, Youth and Family Services Act • A child is in need of protection where the following conditions or situations exist. • Under Section 74(2) of the Act 28 Child in Need of Protection • physical harm • sexually molested / exploited • requires medical treatment • emotional harm • mental, emotional, developmental condition • abandoned • Under 12 years: offences • parent surrenders custody ref: clauses 74(2) (a – o) CYFSA 29 Child In Need of Protection 74(2)(a)(b) • child has suffered or likely to suffer • physical harm • inflicted by person having charge, or • caused by:  failure to adequately care, provide, supervise or protect, or  pattern of neglect clauses 74(2), (a), (b) CYFSA 30 Child in Need of Protection 74(2)(c)(d) • child has been or likely to be • sexually molested or exploited • including by child pornography • by the person having charge • or person known by the person having charge clauses 74(2), (c), (d) CYFSA 31 Child in Need of Protection 74(2)(e) • child requires • medical 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 • or refuses • or is unavailable or unable to consent clause 74(2), (e) CYFSA 32 Child in Need of Protection 74(2)(f)(g)(h)(i) • child has suffered or likely to suffer • emotional harm • demonstrated by serious: • • • • • anxiety depression withdrawal self-destructive or aggressive behaviour, or delayed development • And R & PG harm results from actions (failure/refusal /neglect/lack of consent) by parent/person having charge. clauses 74(2),(f), (g), (h),(i) CYFSA 33 Child in Need of Protection 74(2)(j) • child suffers from • a mental, emotional or developmental condition • if untreated could seriously impair the child's development • and the parent/person having charge • does not provide, or refuses or is unavailable or unable to consent clause 74(2), (j) CYFSA 34 Child in Need of Protection 74(2)(k) • child has been • abandoned • parent died or • is unavailable to exercise custodial rights 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 35 clause 74(2), (k) CYFSA Child in Need of Protection 74(2)(l) • child is less than twelve • 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 parent/person having charge does not provide, or refuses or is unavailable or unable to consent to, those services or treatment clause 74(2), (l) CYFSA 36 Child in Need of Protection 74(2)(m) • child less than twelve • 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 or • because of that person's failure or inability to supervise the child adequately clause 74(2), (m) CYFSA 37 Child in Need of Protection 74(2)(n) • 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 twelve years of age or older, with the child's consent, to be dealt with under this Part • (parent surrenders custody) clause 74(2), (n) CYFSA 38 Child in Need of Protection 74(2)(o) • (o) the child is 16 or 17 years of age and a prescribed circumstance or condition exists. clause 74(2), (o) CYFSA 39 Summary Child in Need of Protection • physical harm • sexually molested / exploited • requires medical treatment • emotional harm • mental, emotional, developmental condition • abandoned • Under 12 years: offences • parent surrenders custody ref: clauses 74(2) (a – o) CYFSA 40 Duty to Report • 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 a child in need of protection • the person shall forthwith report the suspicion and the information on which it is based to a society subsection 125(1) CYFSA 41 Professional or Official Duties • applies to every person who performs professional or official duties with respect to children including: • teacher, social workers, priest, day nursery staff, youth and recreation worker • peace officer, coroner • solicitor • service provider • youth / recreation does not include volunteer subsections 125(5),(6) CYFSA 42 Reports • ongoing duty to report • additional grounds – shall make further report subsection 125(2) CYFSA • person must report directly • shall make the report directly to the society and shall not rely on any other person to report on his or her behalf subsection 125(3) CYFSA 43 Offence – Professional/Official • failure to report suspicion • where information obtained in course of professional/official duties subsection 125(5) CYFSA • why is the penalty restricted to professionals? • professional are held to higher level • training • able to recognize need 44 APPREHENSIONS CHILD IN NEED OF PROTECTION • Apprehension can be with or without warrant • Without warrant- RPG “Substantial Risk” to safety EXISTS, then peace officer/Child Protection Worker may apprehend w/o warrant. • If no RPG “Substantial Risk” investigate further application to Justice of Peace for warrant/hearing. 45 45 CYFSA CHILD APPREHENSIONS WITHOUT Warrant • Under 12 yrs., Commits Offence (Fed or Prov) - s.84(1) • Under 16 yrs., in Need of Protection - s.81(7) • Under 16 yrs., in Care of CAS (Left or Removed”)- s. 83(4) • Under 16 where public has access - btwn 12-6 AM without authorized adult at least 18years old – s. 136(5) • Absent Without Leave (AWOL) from:  Temporary Detention (remanded offenders) - s.153(1)  Open Custody (sentenced offenders) - s.153(2) 46 Apprehension W/O Warrant - Child In Need of Protection  Child Protection Worker (incl. P.O.);  On R&PG child in need of protection AND Substantial Risk to health or safety if waited for a hearing or warrant;  May apprehend a child UNDER 16 w/o warrant & bring to a place of safety subsection 81(7) CYFSA 47 Right of Entry - W/O Warrant  child protection worker who on R & PG believes a child to be apprehended W/O warrant (under sec 7) is on any premises  may enter the premises w/o warrant (by force, if necessary)  and search for and remove (a child UNDER 16 yrs.) subsection 81 (10) CYFSA 48 Case Study You and a partner are dispatched to a three-storey walk-up apartment complex regarding a possible injury to a child. You are met at apartment 201 by the female complainant, who tells you that she has been hearing the young couple in apartment 301 arguing for about the last 40 minutes. She states that she has also heard the couples’ eighteen-month-old boy crying very hard for about one hour. In the past, she has seen the parents of the boy yell at him and treat him in a very rough manner and she is now concerned for his safety. As you approach apartment 301, you can hear a male and female arguing and the crying of a young child from within. After knocking on the door, you are greeted by a rude and verbally abusive male in his early twenties, who speaks to you through a locked chain latch. The smell from the apartment is repulsive. Looking into the apartment you can see a dirty mess and a young child sitting on the floor against the wall, wearing only a diaper. The child is crying hard and is rocking back and forth. You notice bruising and swelling on the left side of his face, and dried blood around his nose and mouth. The “father,” using a great deal of profanity tells you that they don’t need your help, tells you to get lost and begins to shut the door. 49 Protection from Liability • no action • against peace officer or child protection worker • for act done in good faith • in the execution or intended execution of duty under this section subsection 81 (13) CYFSA 50 Assistance • child protection worker • acting under this section • May call for the assistance of a peace officer subsection 81(8) CYFSA 51 Police/Child Protection Worker Authorities • Subsections: • 81(2) (Warrant to Bring child to Place of safety) • 81(6) (authority to enter) • 81 (7) (Bring Child to place of safety without warrant) • 81(10) (Right of Entry) • 81(11) (produce Identification when entering upon request) • apply to a peace officer • as if the peace officer were a child protection worker subsection 81(12) CYFSA 52 Case Study (b) You are dispatched to a convenience store regarding a youth who was caught stealing lottery tickets. Upon arrival you find a 11 year old boy who readily admits stealing the items but says he is not afraid of police because he knows he can’t be charged. What would you do? What is your authority to take this action under the CYFSA? What, if any police “rights of entry” exist if a child under 12 who has committed an offence is hiding in a “friends” apartment? CYFSA Reference? 53 < 12 Committing Offence peace officer on R & PG child under 12 has committed an act / offence may apprehend without warrant  Must return child to parent / person having charge as soon as practicable or to a place of safety until returned subsection 84(1) CYFSA 54 Case Study (c) At 02:00 hours you investigate a noise complaint coming from a neighbourhood children’s park. Upon arrival you locate a young female and her “older” boyfriend. The female indicates she is 15 years old and her boyfriend produces an Ontario D/L showing he is 18 years old. The female is upset because she snuck out of the house to be with her boyfriend as her parents do not approve of him. What would you do? What is your authority to take this action under the CYFSA? 55 Curfew • no parent of child less than sixteen years of age shall permit the child to, • loiter in a public place between the hours of midnight and 6 a.m.; or • be in a place of public entertainment between the hours of midnight and 6 a.m. • unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child subsection 136(5) CYFSA 56 Apprehension - under 16: Out in public btwn Midnight & 6am  child under 16 years  in a place to which the public has access  between midnight and 6:00 a.m.  not accompanied by authorized 18 yr old  P.O. may apprehend and take home or to a place of safety • subsection 136(5) CYFSA 57 SECTION CIRCUMSTANCES CYFSA APPREHENSION AUTHORITIES – WITHOUT WARRANT -a Peace Officer / Child Protection Worker (*CPW) -on R&PG a child is “in need of protection” AND s.81(10)…Peace Officer / CPW on R&PG that a child referred to in s.81(7) is on any premises may without a warrant enter the premises, by force, if -SUBSTANTIAL RISK exists to health or/ safety if waited necessary, and search for and remove to obtain warrant the child. -may APPREHEND and TAKE TO PLACE OF SAFETY 81(7) Child under 16 yrs -in need of protection -as referred to in section 74(2)(a-o) AND “Substantial Risk” exists 84(1) -Peace Officer on R&PG may apprehend without a warrant Child Under 12 Yrs, commits -If child under 12 commits act/offence an offence -must return to parent / caregiver as soon practicable (or place of safety) 136(5) RIGHTS OF ENTRY -Peace Officer who finds a child apparently under 16 yrs -in a place to which the public has access between Child Under 16 Yrs In Public 12am – 6am Place Between -Without an accompanying “authorized” person at 12am-6am least 18 yrs old -may apprehend and take child home/place of safety – as if acting under s. 84(1) 58 s. 86(2)…Peace Officer on R&PG may without a warrant enter the premises, by force, if nec3essary, and search for and remove the child. N/A Next Period • CYFSA #2 59 60