Supporting Children, Youth and Families Act, 2017 — Bill 89 (41st Parliament, 2nd Session)

Bill 89, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Replacement Bill 89 (Chapter 14 of the Statutes of Ontario, 2017)

An Act to enact the Child, Youth and Family Services Act, 2017, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts The Hon. M. Coteau Minister of Children and Youth Services 1st Reading December 8, 2016 2nd Reading March 9, 2017 3rd Reading June 1, 2017 Royal Assent June 1, 2017 This Bill is reprinted to correct an editorial error in the previously printed version of the Bill.

This Explanatory Note was written as a reader’s aid to Bill 89 and does not form part of the law. Bill 89 has been enacted as

Chapter 14 of the Statutes of Ontario, 2017. EXPLANATORY NOTE The Bill is divided into four Schedules.

Schedule 1 repeals the Child and Family Services Act and enacts the Child, Youth and Family Services Act, 2017 in its place.

Schedule 2 amends the Child and Family Services Act while it is still in force, that is, before its repeal by

Schedule 1.

Schedule 3 amends the new Act, the Child, Youth and Family Services Act, 2017.

Schedule 4 contains related and other amendments to 36 other Acts.

SCHEDULE 1 CHILD, YOUTH AND FAMILY SERVICES ACT, 2017 The current Act refers throughout to Indian and native children, and gives certain rights of notice and participation to a representative chosen by the child’s band or native community. The new Act refers to First Nations, Inuit and Métis children and young persons , and gives rights of notice and participation to a representative chosen by each of the child’s or young person’s bands and First Nations, Inuit or Métis communities.

All references to a child’s or young person’s bands and First Nations, Inuit or Métis communities in the new Act include any band of which the child or young person is a member, any band with which the child or young person identifies, any First Nations, Inuit or Métis community that is listed in a regulation and of which the child or young person is a member, and any First Nations, Inuit or Métis community that is listed in a regulation and with which the child or young person identifies. Significant changes are made to terminology. The terms society ward and Crown ward are no longer used.

Instead, the new Act refers to children who are in interim society care or extended society care, respectively. The new Act does not refer to children being abandoned or to runaways. And the new Act speaks of bringing children to a place of safety, instead of being apprehended, and of dealing with matters, not dealing with children. The new Child, Youth and Family Services Act, 2017 is, like the current Child and Family Services Act , divided into Parts. Following is an explanation of each Part and, in particular, how each differs from the current Act.

Part I Purpose and

Interpretation The paramount purpose of the Act — to promote the best interests, protection and well -being of children — remains unchanged from the current Act.

The additional purposes of the Act are expanded to include the following: To recognize that services to chil dren and young persons should be provided in a manner that respects regional differences wherever possible and takes into account, physical, emotional, spiritual, mental and developmental needs and differences a mong children and young persons; a child’ s or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression; and a child’s or young person’s cultural and linguistic needs.

To recognize that services to children and young persons and their families should be provided in a manner that builds on the strengths of the families wherever possible. One of the additional purposes in the current Act is to recognize that services to I ndian and native children and families should be provided in a manner that recognizes their culture, heritage and traditions, and the concept of the extended family .

This is amended to refer to First Nations, Inuit and Métis children and young persons and families and to their cultures, heritages and traditions and is expanded to also recognize connection to their communities. There is no longer specific reference to a child’s or young pe rson’s religion in the additional purposes of the Act. However, a child’s or young person’s creed is listed as one of several factors to be considered throughout the new Act. “Creed” is defined to include religion.

Part II Children’s and Young Persons’ Rights This consolidates the rights of children and young persons found in

section 2 and Parts I and V of the current Act. New provisions are added as follows: restricting service providers and foster parents from using physical restraint on childr en and young persons except as authorized by the regulations, and from using me chanical restraints on children and young persons except as permitted by Parts VI (Youth Justice) and VII (Extraordinary Measures) and the regulations. The provision in the current Act prohibiting service providers from detaining a child in locked premise s except as authorized under the

ii Youth Justice and Extraordinary Measures parts of that Act is maintained; it now expressly applies to foster parents as well as service providers and in respect of young persons as well as children.

In addition, a new statement of rights of children and young persons is added at the outset of the Part, including their right to express their own views freely and safely, to be engaged through honest and respectful dialogue, to have their views given due weight in accordance with their age and maturity and to be i nformed, in language suitable to their understanding, of their rights and of the existence and role of, and how to contact, the Provincial Advocate for Children and Youth.

The procedures in the current Act for making complaints against service providers regarding alleged violations of the rights of children also applies under the new Act to complaints regarding limitations or conditions imposed on visitors and visits. A child or other person may make a complaint as an individual or as part of a group.

Part III Funding and Accountability This Part replaces

Part I of the current Act. There are several additions as follows. The Minister may designate entities as lead agencies, which must perform the functions assigned t o the lead agency’s category by the reg ulations. The Minister may issue binding directives to certain service providers and lead agencies. A program supervisor may issue compliance orders to certain service providers and lead agencies for failure to comp ly with, among other things, the Act, the regulations or the directives. The functions of children’s aid societies are set out in this Part and remain essentially the same.

One change is that societies are now responsible for investigating allegations tha t a child is in need of protection and for protecting children in their care, for all children up to the age of 18; in the current Act, these respo nsibilities are limited to children younger than 16 and to 16 and 17 year olds who are subject to protection orders.

This Part now includes a requirement that every society enter into an accountability agreement with the Minister as a condition of receiving funding; this is currently a requirement in the regulations under the Act, and is being made a statuto ry requirement in the new Act. The Minister may issue binding directives to societies. A Director may issue compliance orders to societies for failure to comply with, among other things, the Act, the regulations, an accountability agreement or the directives.

If a society fails to comply with a compliance order, or if the Minister considers it to be in the public interest, the Minis ter may make a variety of different orders, including ordering a society to take corrective action, suspending, amending or revoking the society’s designation, appointing or replacing me mbers of the society’s board of directors, designating or replacing a chair of the board, or appointing a supervisor to operate and manage the society.

Unless certain conditions exis t, the Minister mu st notify the society of the intention to make such an o rder, and the society has a right to make a written response. This Part sets out rules for two or more societies that are proposing to amalgamate and to continue as one society. The Minister may orde r that a society amalgamate with one or more other societies, or undertake other types of restructuring, if the Minister considers it to be in the public interest.

The Minister must notify the society of the intention to make such an order and the society has a right to make a written response to the directions contained in the order, but not to the requirement to amalgamate. In certain circumstances, the Minister may also appoint a supervisor to implement or facilitate the implementation of such an order .

A society that receives notice of a proposed order to amalgamate or otherwise restructure must give a copy of the notice to affected employees and their bargaining agents, and on receipt of a final order to amalgamate or otherwise restructure, the societ y must give notice of the order to affected employees and their bargaining agents and other persons or entities whose contracts are affected by the order, and must make the order available to the public. The rules for allowing a program supervisor to enter and inspect certain premises to determine compliance with the Act and the regulations are expanded.

This Part now sets out rules for such inspections without and with a warrant. Provisions governing residential placement advisory committees have been mov ed from

Part II (Voluntary Access to Services) in the current Act to this

Part in the new Act with the following changes: the current Act lists persons to be included in the committees, while the new Act provides that the committees may include the listed persons; the new Act requires the committees to report to the Minister on their activities annually and on request; the right to object to a resid ential placement and to ask the Child and Family Services Review Board to review a committee’s decision in re spect of a residential placement is no longer limited to children 12 or older.

Part IV First Nations, Inuit and Métis Child and Family Services This Part replaces

Part X of the current Act. Under the current Act, the Minister may designate native communiti es for the purposes of the Act. Under this Part, the Minister may make regulations establishing lists of First Nations, Inuit and Métis communities for the purposes of the Act, with the consent of the community’s representatives. Another change is that, u nder the current Act, a band or native community may designate a body as an Indian or native child and family service authority. Under this Part, a band or First Nations, Inuit or Métis community may designate a body as a First Nations, Inuit or Métis child and family service authority.

iii

Part V Child Protection This Part replaces

Part III of the current Act with the following changes. The age of protection is increased to include 16 and 17 year olds. Under the new Act, 16 and 17 year olds may be found to be in need of protection and additional circumstances or conditions applicable only to 16 and 17 year olds may be prescribed to make that determination. However, 16 and 17 year olds may not be brought to a place of safety without their consent. Societies are newly authorized to enter into agreements with 16 and 17 year olds in need of protection and to bring applications to court.

The matters to be considered in determining the best interests of a child are changed. The child’s views and wishes, given du e weight in accordance with the child’s age and maturity, unless they cannot be ascertained, and in the case of a First Nations, Inuk or Métis child , the importance of preservin

Document details

Collection	Ontario — Bills
Citation	Bill 89, 41-2
Type	bill
Volume / chapter	p41 s2 bill 89 bill text 41 2 en b089ra e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	37334843b5b1d3fd2b276e8042dd1d70247894d3

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