Child and Family Services Amendment Act, 2000 Martin, Tony — Bill 118 (37th Parliament, 1st Session)

Bill 118, 37-1

Ontario — Bills

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Bill 118, Child and Family Services Amendment Act, 2000

Martin, Tony

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[37] Bill 118 Original (PDF)

An Act to amend the Child and Family Services Act

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

Assembly of the Province of Ontario, enacts as follows:

1. Subsection 3 (1) of the Child and Family Services Act ,

as amended by the Statutes of Ontario, 1999,

chapter 2,

section 2 and 1999,

chapter 12,

Schedule G,

section 16, is further amended by adding the

following

definitions: "

caregiver" means,

(a)a teacher,

(b)a child care worker,

(c)a residential youth worker,

(d)an individual employed by or in a care-giving institution,

(e)an individual who provides volunteer services to a care-giving

institution, or

(f)an individual who owns or operates a care-giving institution;

("fournisseur de soins") "

care-giving institution" means a school, a day care centre, a facility for

young offenders or an entity that is responsible for the care and custody of

children. ("tablissement de prestation de soins")

2. Subsection 15 (3) of the Act is amended by adding the following

clauses:

(a.1)investigate allegations or evidence that children in a care-giving

institution who are under the age of 16 years may be in need of

protection;

.....

(c.1)provide guidance and support to care-giving institutions concerning

procedures to follow to reduce risk to children and to prevent circumstances

requiring the protection of children.

3. Subsection 37 (3) of the Act is amended by adding the following

paragraph:

12.1The risk of further harm to the child from a caregiver or while

remaining in a care-giving institution.

4. Subsection 57 (1) of the Act is amended by adding the following

paragraph:

Care-giving institution

3.1That a care-giving institution take such actions as may be specified in

the order to protect a child or class of children in the institution's

care.

5. (1) Subsection 64 (1) of the Act is repealed and the following

substituted:

Application

(1) This

section applies where a child is the subject of an order for

society supervision, society wardship or Crown wardship under subsection 57

(1) or where a care-giving institution is the subject of an order under that

subsection.

(2) Section 64 of the Act, as amended by the Statutes of Ontario,

1999,

chapter 2,

section 18, is further amended by adding the following

subsection:

Review, care-giving institution

(4.1) An application for a change to an order described in paragraph 3.1

of subsection 57 (1) may be made by the care-giving institution named in the

order or by the society that has jurisdiction in the county or district in

which the care-giving institution is located.

Section 72 of the Act, as amended by the Statutes of Ontario,

1999,

chapter 2,

section 22, is further amended by adding the following

subsection:

Continuing duty

(2.1) The duty to report under subsection (1) continues each day until the

risk to the child ends.

7. The Act is amended by adding the following

section:

Investigation, caregiver

72.2

(1) In addition to anything the child protection

worker is permitted or required to do in the course of carrying out an

investigation under this Act, the child protection worker may interview

children who have been in the care of the caregiver or in the care of any

care-giving institution in which the caregiver has been employed or in which

the caregiver has provided volunteer services.

Disclosure of results

(2) The results of any investigation under this

section may be disclosed

to the head of the care-giving institution in which the caregiver is or was

employed or in which the caregiver provided volunteer services.

8. Subsection 75 (8) of the Act is repealed and the following

substituted:

Minister or Director may permit access to register

(8) The Minister or the Director may permit a person employed by the

Ministry, a society, a recognized child protection agency outside Ontario or

a person who is providing or proposes to provide counselling or treatment to

a registered person to inspect and remove information in the register and to

disclose the information to a person referred to in subsection (7), to a

care-giving institution, to an employer of a caregiver or to another person

Director may impose.

Commencement

9. This Act comes into force on the day it receives Royal

Assent.

Short title

10. The

short title of this Act is the Child and Family

Services Amendment Act, 2000 .

EXPLANATORY NOTE

The Bill ensures that child protection workers have the authority to

investigate allegations of physical abuse and sexual molestation of children

by teachers and other caregivers and to apply for appropriate court orders.

The disclosure to care-giving institutions of the results of the

investigation and information in the Child Abuse Register will be

authorized.

The Bill provides that the duty to report child abuse that is imposed on

persons performing professional or official duties with respect to children

will continue until the risk of abuse ends.

Date Bill stage Activity Committee

February 19, 2001

Consideration of a Bill

Standing Committee on Justice and Social Policy

February 15, 2001

Consideration of a Bill

Standing Committee on Justice and Social Policy

October 12, 2000

Ordered referred to Standing Committee

Standing Committee on Justice and Social Policy

October 12, 2000

Second Reading

Carried on division

September 27, 2000

First Reading

Carried

Debates and Progress

First Reading

September 27, 2000

Second Reading

October

12, 2000

Mr Martin, Mr Maves, Mr Gravelle, Mr Marchese, Mr

Tascona, Mr Parsons, Mr Christopherson, Mr Dunlop, Mr Bartolucci

carried on division and referred to the Standing Committee on

Justice and Social Policy.

Committee

Justice and Social Policy

February 15, 2001

February 19, 2001

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 118, 37-1
Type	bill
Volume / chapter	p37 s1 bill 118 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	957a9f01b40e8e106595194d7891ac464968ab05

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