Child and Family Services Statute Law Amendment Act, 2006 Chambers, Hon. Mary Anne V. Minister of Children and Youth Services — Bill 210 (38th Parliament, 2nd Session)

Bill 210, 38-2

Ontario — Bills

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

Bill 210, Child and Family Services Statute Law Amendment Act, 2006

Chambers, Hon. Mary Anne V. Minister of Children and Youth Services

Please select

View bill

Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[38] Bill 210 Royal Assent (PDF)

Bill 210 2006

An Act to amend the

Child and Family Services Act

and make complementary

amendments to other Acts

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca .

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Paragraph 3 of subsection 1 (2) of the Child and Family Services Act is repealed and the following substituted:

3. To recognize that children's services should be provided in a manner that,

i. respects a child's need for continuity of care and for stable relationships within a family and cultural environment,

ii. takes into account physical, cultural, emotional, spiritual, mental and developmental needs and differences among children,

iii. provides early assessment, planning and decision-making to achieve permanent plans for children in accordance with their best interests, and

iv. includes the participation of a child, his or her parents and relatives and the members of the child's extended family and community, where appropriate.

2. (1) Subsection 3 (1) of the Act is amended by adding the following

definitions:

"extended family" means persons to whom a child is related by blood, through a spousal relationship or through adoption and, in the case of a child who is an Indian or native person, includes any member of the child's band or native community;

("famille élargie")

"relative" means, with respect to a child, a person who is the child's grandparent, great-uncle, great-aunt, uncle or aunt, whether by blood, through a spousal relationship or through adoption; ("parent")

(2) The definition of "residential service" in subsection 3 (1) of the Act is repealed and the following substituted:

"residential service" means boarding, lodging and associated supervisory, sheltered or group care provided for a child away from the home of the child's parent, other than boarding, lodging or associated care for a child who has been placed in

the lawful care and custody of a relative or member of the child's extended family or community, and "residential care" and "residential placement" have corresponding meanings; ("service en établissement", "soins en établissement",

"placement en établissement")

(3) Section 3 of the Act is amended by adding the following subsection:

Child's community

(3) For the purposes of this Act, the following persons are members of a child's community:

1. A person who has ethnic, cultural or religious ties in common with the child or with a parent, sibling or relative of the child.

2. A person who has a beneficial and meaningful relationship with the child or with a parent, sibling or relative of the child.

3. Subsection 17 (2) of the Act is repealed.

4. The Act is amended by adding the following section:

Designation of places of safety

18. For the purposes of

Part III, a Director or local director may designate a place as a place of safety and may designate a class of places as places of safety.

5. The Act is amended by adding the following section:

Resolution of issues by prescribed method of alternative dispute resolution

20.2

(1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to

the child or a plan for the child's care.

Where child is Indian or native person

(2) If the issue referred to in subsection (1) relates to a child who is an Indian or native person, the society shall consult with the child's band or native community to determine whether an alternative dispute resolution process

established by that band or native community or another prescribed process will assist in resolving the issue.

Children's Lawyer

(3) If a society or a person, including a child, who is receiving child welfare services proposes that a prescribed method of alternative dispute resolution be undertaken to assist in resolving an issue relating to a child or a plan

for the child's care, the Children's Lawyer may provide legal representation to the child if in the opinion of the Children's Lawyer such legal representation is appropriate.

Notice to band, native community

(4) If a society makes or receives a proposal that a prescribed method of alternative dispute resolution be undertaken under subsection (3) in a matter involving a child who is an Indian or native person, the society shall give the

child's band or native community notice of the proposal.

(1) The definition of "extended family" in subsection 37 (1) of the Act is repealed.

(2) The definition of "place of safety" in subsection 37 (1) of the Act is repealed and the following substituted:

"place of safety" means a foster home, a hospital, a person's home that satisfies the requirements of subsection (5) or a place or one of a class of places designated as a place of safety by a Director or local director under

section 18, but

does not include,

(

a) a place of secure custody as defined in

Part IV, or

(

b) a place of secure temporary detention as defined in

Part IV. ("lieu sûr")

(3) Paragraph 6 of subsection 37 (3) of the Act is repealed and the following substituted:

6. The child's relationships and emotional ties to a parent, sibling, relative, other member of the child's extended family or member of the child's community.

(4) Section 37 of the Act is amended by adding the following subsection:

Place of safety

(5) For the purposes of the definition of "place of safety" in subsection (1), a person's home is a place of safety for a child if,

(

a) the person is a relative of the child or a member of the child's extended family or community; and

(

b) a society or, in the case of a child who is an Indian or native person, an Indian or native child and family service authority designated under

section 211 of

Part X has conducted an assessment of the person's home in accordance with the

prescribed procedures and is satisfied that the person is willing and able to provide a safe home environment for the child.

7. (1) Clause 48 (2) (

b) of the Act is repealed and the following substituted:

(

b) where the child is in a society's care under an order for society wardship under

section 57 or an order for Crown wardship under

section 57 or 65.2, the hearing shall be held in the society's territorial jurisdiction; and

(2) Clause 48 (2) (

c) of the Act is amended by striking out "under

section 57" and substituting "under

section 57 or 65.2".

8. (1) Clause 51 (2) (

b) of the Act is amended by striking out "relating to the child's supervision".

(2) Clause 51 (2) (

c) of the Act is amended by striking out "relating to the child's supervision".

(3) Section 51 of the Act is amended by adding the following subsections:

Placement with relative, etc.

(3.1) Before making a temporary order for care and custody under clause (2) (d), the court shall consider whether it is in the child's best interests to make an order under clause (2) (

c) to place the child in the care and custody of

a person who is a relative of the child or a member of the child's extended family or community.

(3.2) A temporary order for care and custody of a child under clause (2) (

b) or (

c) may impose,

participate in a plan for care and custody of or access to the child; and

9. The Act is amended by adding the following section:

Use of prescribed methods of alternative dispute resolution

51.1 At any time during a proceeding under this Part, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceeding to permit the parties to attempt through a

prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding.

10. (1) Subsection 54 (1) of the Act is repealed and the following substituted:

Order for assessment

(1) In the course of a proceeding under this Part, the court may order that one or more of the following persons undergo an assessment within a specified time by a person appointed in accordance with subsections (1.1) and (1.2):

1. The child.

2. A parent of the child.

3. Any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child.

Assessor selected by parties

(1.1) An order under subsection (1) shall specify a time within which the parties to the proceeding may select a person to perform the assessment and submit the name of the selected person to the court.

Appointment by court

(1.2) The court shall appoint the person selected by the parties to perform the assessment if the court is satisfied that the person meets the following criteria:

1. The person is qualified to perform medical, emotional, developmental, psychological, educational or social assessments.

2. The person has consented to perform the assessment.

Same

(1.3) If the court is of the opinion that the person selected by the parties under subsection (1.1) does not meet the criteria set out in subsection (1.2), the court shall select and appoint another person who does meet the

criteria.

Regulations

(1.4) An order under subsection (1) and the assessment required by that order shall comply with such requirements as may be prescribed.

(2) Subsection 54 (8) of the Act is amended by striking out "or" at the end of clause (

b) and by adding the following clause:

(b.1) a proceeding under

Part VII respecting an application to make, vary or terminate an openness order; or

Section 55 of the Act is amended by striking out "section 57" in the portion before clause (

a) and substituting "section 57 or 57.1".

(1) Section 56 of the Act is amended by striking out "section 57 or 65" in the portion before clause (

a) and substituting "section 57, 57.1, 65 or 65.2".

(2) Section 56 of the Act is amended by striking out "and" at the end of subclause (d) (ii), by adding "and" at the end of clause (

e) and by adding the following clause:

(

f) a description of the arrangements made or being made to recognize the importance of the child's culture and to preserve the child's heritage, traditions and cultural identity.

13. (1) Subsection 57 (1) of the Act is amended by striking out "one of the following orders" in the portion before paragraph 1 and substituting "one of the following orders or an order under

section

57.1".

(2) Paragraph 1 of subsection 57 (1) of the Act is repealed and the following substituted:

Supervision order

1. That the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months.

(3) Paragraph 3 of subsection 57 (1) of the Act is amended by striking out "section 65" and substituting "section 65.2".

(4) Subsection 57 (2) of the Act is repealed and the following substituted:

Court to inquire

(2) In determining which order to make under subsection (1) or

section 57.1, the court shall ask the parties what efforts the society or another agency or person has made to assist the child before intervention under this Part.

(5) Subsection 57 (8) of the Act is repealed and the following substituted:

(8) If the court makes a supervision order under paragraph 1 of subsection (1), the court may impose,

(

i) the child's parent,

(ii) the person who will have care and custody of the child under the order,

(iii) the child, and

(iv) any other person, other than a foster

Document details

Collection	Ontario — Bills
Citation	Bill 210, 38-2
Type	bill
Volume / chapter	p38 s2 bill 210 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	afbb9d44fec664601d09ccb3a2c3794b52bde966

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