Right to Care Act (Children 16 Years of Age and Older), 2016 McDonell, Jim — Bill 32 (41st Parliament, 2nd Session)

Bill 32, 41-2

Ontario — Bills

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Bill 32, Right to Care Act (Children 16 Years of Age and Older), 2016

McDonell, Jim

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[41] Bill 32 Original (PDF)

Bill 32 2016

An Act to amend the

Child and Family Services Act with respect to children 16 years of age and

older

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. Subsection

1 (2) of the Child and Family Services Act is

amended by adding the following paragraph:

6. To

recognize that services provided under the Act should be provided in accordance

with the United Nations Convention on the Rights of the Child, adopted by the

General Assembly of the United Nations on November 20, 1989, and to which Canada

is a party.

(1) Section

29 of the Act is amended by adding the following subsections:

Same

- child 16 or older

(1.1) A child who is 16 years of age or

older and the society having jurisdiction where the child resides may, at the

request of the child, make a written agreement for the society's care and

custody of the child if the person who has custody of the child is temporarily

unable to care adequately for the child.

Same

- no refusal

(1.2) If a child makes a request for a

temporary care agreement under subsection (1.1), the society shall not refuse

to make the agreement if the society determines that the person who has custody

of the child is temporarily unable to care adequately for the child.

(2) Subsection 29 (2) of the Act is

repealed and the following substituted:

Child's

age

(2) No temporary care agreement shall be

made in respect of a child who is 12 years of age or older, unless the child is

a party to the agreement.

(3) Subsection 29 (3) of the Act is amended

by striking out "Clause (2) (b)" at the beginning and substituting "Subsection

(2)".

(4) Subsection 29 (5) of the Act is

repealed and the following substituted:

Term

of agreement limited

(5) No temporary care agreement shall be

made for a term exceeding six months, but the parties to a temporary care

agreement may, with a Director's written approval agree to extend it for a

further period or periods if the total term of the agreement, as extended, does

not exceed,

(

a) an

aggregate of 12 months, if the child is less than 16 years of age on the day

the agreement is entered into;

(

b) an

aggregate of 24 months, if the child is 16 or 17 years of age on the day the

agreement is entered into.

(5) Section 29 of the Act is amended by

adding the following subsection:

Exception

(8.1) Paragraphs 3, 4 and 5 of subsection

(8) do not apply to a temporary care agreement made in respect of a child who

is 16 or 17 years of age.

(6) Section 29 of the Act is amended by

adding the following subsections:

bar on extended care

(11) For greater certainty, nothing in this

section prevents a society or agency from providing care and maintenance to a

person under

section 71.1 or the regulations.

bar on extended care or income support

(12) For greater certainty, nothing in this

section prevents the following:

1. A

society or agency from providing care and maintenance to a person under

section

71.1 or the regulations.

2. A

person who is otherwise entitled to basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 from

receiving that support or assistance.

Commencement

3. This

Act comes into force on the day that is six months after the day this Act receives

Royal Assent.

Short

title

4. The

short title of this Act is the Right to Care Act (Children

16 Years of Age and Older), 2016 .

EXPLANATORY NOTE

The

Bill amends the Child and Family Services Act .

Section

1 of the Act is amended to include a new purpose of the Act, which is to

recognize that services provided under the Act should be provided in accordance

with the United Nations Convention on the Rights of the Child.

present,

section 29 of the Act prohibits a temporary care agreement from being

made in respect of a child who is 16 years of age or older.

Section 29 is

amended to allow temporary care agreements to be made in respect of children

who are 16 years of age or older.

Date Bill stage Activity Committee

October 4, 2016

First Reading

Carried

Debates and Progress

First Reading

October 4, 2016

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 32

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Child and Family Services Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 32, 41-2
Type	bill
Volume / chapter	p41 s2 bill 32 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0a282f0ec53fc76d9df91cc4cc6faedb3fd48099

Source file is stored in the law ingest library (html).