Protection of Children involved in Prostitution Act, 2001 Bartolucci, Rick — Bill 22 (37th Parliament, 3rd Session)

Bill 22, 37-3

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 22, Protection of Children involved in Prostitution Act, 2001

Bartolucci, Rick

Please select

View bill

Status

Debates

Original

[37] Bill 22 Original (PDF)

Bill 22 2001

An Act to protect children

involved in prostitution

CONTENTS

Definitions

Application for warrant to apprehend

Warrant obtained by telephone, etc.

Apprehension of child without warrant

Notice of apprehension to child protection worker

Confinement in protective safe house

Duties of child protection worker

Notice to parents

Application for restraining order

Programs

Designation of protective safe houses

Regulations

Offence

Conflict

Commencement

Short title

______________

Preamble

The people of Ontario believe that,

(

a) the safety, security and well being of children and families is a

paramount concern for all residents of Ontario;

(

b) children engaged in prostitution are victims of sexual abuse and

require protection;

(

c) it is the responsibility of families and communities to provide that

protection;

(

d) it is the duty of the Province to assist families and communities in

providing that protection; and

(

e) legislation is required to ensure the safety of all children and to

assist children in ending their involvement with prostitution.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

(1) In this Act,

"child" means a person under the age of 18 years; ("enfant")

"child protection worker" means a child protection worker within the

meaning of

Part III of the Child and Family Services Act ;

("préposé à la protection de l'enfance")

"Court" means the Ontario Court of Justice or the Unified Family Court;

("tribunal")

"judge" means a judge of the Ontario Court of Justice or of the Unified

Family Court; ("juge")

"Minister" means the Minister of Community and Social Services;

("ministre")

"parent" means parent as defined in subsection 37 (1) of the Child and

Family Services Act ; ("père ou mère")

"police officer" means a police officer as defined in

section 2 of the

Police Services Act and includes a member of the Royal Canadian

Mounted Police; ("agent de police")

"protective safe house" means premises designated as a protective safe

house by the Minister. ("foyer d'hébergement sûr")

Child in need of protection

(2) For the purposes of this Act, a child is in need of

protection if the child is engaging in prostitution or attempting to engage

in prostitution.

Application for warrant to apprehend

(1) If a police officer has

reasonable and probable grounds to believe that a person is a child and is in

need of protection, the police officer may apply to a Court for a warrant

under subsection (2).

Warrant

(2) If a judge believes on reasonable and probable grounds that

a person is a child and is in need of protection, the judge may issue a

warrant,

(

a) authorizing the police officer to apprehend the child;

(

b) authorizing the police officer to,

(

i) return the child to the child's parent or to an adult who, in the

opinion of the police officer, is a responsible adult and who has care and

control of the child, or

(ii) convey the child to a protective safe house; and

(

c) if the judge is satisfied that the child may be found in a place or

premises, authorizing the police officer to enter, by force if necessary, the

place or premises to search for and apprehend the child.

Warrant obtained by telephone, etc.

(1) If, in the opinion of the

police officer, it would be impracticable to appear personally before a judge

to apply for a warrant under

section 2, the police officer may apply to a

judge for a warrant by telephone or other means of telecommunication.

Information given upon oath

(2) The information on which an application for a warrant by

telephone or other means of telecommunication is based shall be given on

oath.

Same

(3) For the purposes of subsection (2), an oath may be

administered by telephone or other means of telecommunication.

Record of information

(4) The information shall be recorded word for word by the

judge who, as soon as practicable, shall cause the record or a transcription

of the record, certified by the judge as to time, date and contents, to be

filed with the clerk of the Court.

Content of information

(5) The information submitted by telephone or other means of

telecommunication shall include,

(

a) a statement of the circumstances that make it impracticable for the

police officer to appear personally before a judge;

(

b) the identity of the child, if known;

(

c) a statement setting out the police officer's grounds for believing

that the person is a child and is in need of protection; and

(

d) a statement as to any known prior application for a warrant under this

section or

section 2 in respect of the same child.

Warrant

(6) A judge may issue a warrant under this

section if,

(

a) the application made by telephone or other means of

telecommunication,

(

i) is based on information that conforms to the requirements of

subsection (5), and

(ii) discloses reasonable grounds for dispensing with personal appearance

for the purpose of making an application under subsection (1); and

(

b) the judge believes on reasonable and probable grounds that a person is

a child and is in need of protection.

Processing of warrant

(7) If a judge issues a warrant under the section,

(

a) the judge shall complete and sign the warrant, noting on its face the

time, date and place at which it was made;

(

b) the police officer, on the direction of the judge, shall complete, in

duplicate, a facsimile of the warrant, noting on its face the name of the

judge who issued the warrant and the time, date and place at which it was

made; and

(

c) the judge shall, as soon as practicable after the warrant is issued,

cause the warrant to be filed with the clerk of the Court.

Same

(8) A warrant issued under this

section may authorize a police

officer to do anything he or she could be authorized to do by a warrant

issued under

section 2.

Validity of warrant

(9) A warrant issued under this

section is valid even though

the circumstances in which it was issued did not make it impracticable to

appear personally before a judge to obtain a warrant under

section 2.

Apprehension of child without warrant

(1) A police officer may,

without a warrant, apprehend and convey a person to a protective safe house

if the police officer has reasonable and probable grounds to believe that the

person is a child and that the child's life or safety is seriously and

imminently endangered because the child is engaging in prostitution or

attempting to engage in prostitution.

Entering premises without warrant

(2) If a police officer is acting under subsection (1) and has

reasonable and probable grounds to believe that the child may be found in a

place or premises, the police officer may, without a warrant and by force if

necessary, enter that place or those premises and search for and apprehend

the child.

Notice of apprehension to child protection

worker

5. If a police officer apprehends a child

under this Act, the police officer shall notify a child protection worker

immediately that the child has been apprehended and inform the worker as to

whether the child has been,

(

a) returned to the child's parent or to an adult who has care and control

of the child pursuant to a warrant obtained under

section 2 or 3; or

(

b) conveyed to a protective safe house.

Confinement in protective safe house

(1) If a police officer

apprehends a child and conveys the child to a protective safe house under

section 2, 3 or 4, the child protection worker who receives notice under

section 5 may confine the child in the protective safe house for a period of

up to three days and, at or before the end of the three-day period,

shall,

(

a) return the child to the custody of the child's parent or to an adult

who, in the opinion of the child protection worker, is a responsible adult

who has care and control of the child;

(

b) release the child if, in the opinion of the child protection worker,

the child is capable of providing for the child's own needs and safety;

(

c) apply to court for an order in accordance with subsection (3).

Show cause hearing

(2) If a child is apprehended without a warrant under

section 4

and confined in a protective safe house under subsection (1), the child

protection worker who received notice under

section 5 shall appear before the

Court within three days of the commencement of the confinement to show cause

why the confinement was necessary.

Application for order

(3) If a child is confined in a protective safe house under

subsection (1) and the child protection worker has determined not to act

under clause (1) (

a) or (b), the child protection worker shall, within three

days of the commencement of the confinement, apply to a judge for a

supervision order, a society wardship order, a crown wardship order or

consecutive order of society wardship and supervision under

section 57 of the

Child and Family Services Act .

Application of

Child and Family Services Act

(4) Sections 47 to 70 of the Child and Family Services

Act apply with necessary modifications to an application for an order

made under subsection (3) as though it were an application to determine

whether a child is in need of protection under

section 47 of the Child

and Family Services Act .

Continued confinement

(5) If an application is made under subsection (3), a child

protection worker may continue to confine the child in the protective safe

house until the application is finally determined.

Duties of child protection worker

7. If a child is apprehended and conveyed to a

protective safe house under this Act, the child protection worker who

receives notice under

section 5 shall have exclusive custody of the child and

be responsible for the child's care, maintenance and well being while the

child is confined in the protective safe house.

Notice to parents

(1) A child protection worker

who receives notice under

section 5 shall immediately give notice that the

child has been apprehended to the child's parents and inform the parents of

the child protection worker's intention, where applicable, to confine the

child in a protective safe house in accordance with subsection 6 (1) and to

apply for an order in accordance with subsection 6 (3).

Same

(2) Notice under this

section may be by any method and may be

oral or in writing.

Validity of application

(3) The validity of an application under subsection 6 (3) is

not affected by the failure of the child protection worker, after reasonable

effort, to give notice in accordance with this section.

Application for restraining order

(1) If a child is confined in a

protective safe house, a child protection worker may apply to a judge for an

order under subsection (3).

Same

(2) A child who is participating voluntarily in a program to

assist the child in ending involvement in prostitution or the child's parent

may apply to a judge for an order under subsection (3).

Order

(3) A judge may issue an order restraining a person from

contacting a child referred to in subsection (1) or (2) or from associating

in any way with that child if the judge has reasonable and probable grounds

to believe that the person,

(

a) has physically or emotionally injured or sexually abused or is likely

to physically or emotionally injure or sexually abuse the child; or

(

b) has encouraged or is likely to encourage the child to engage in

prostitution.

Programs

10. The Minister shall establish such programs

as are necessary to assist children in ending their involvement in

prostitution.

Designation of protective safe houses

11. The Minister may designate any pla

Document details

Collection	Ontario — Bills
Citation	Bill 22, 37-3
Type	bill
Volume / chapter	p37 s3 bill 22 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	88029883b4b5dfcdc8c37d190bb82337149e31d5

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