Child and Family Services Amendment Act (Children 16 Years of Age and Older), 2013 Jackson, Rod — Bill 88 (40th Parliament, 2nd Session)

Bill 88, 40-2

Ontario — Bills

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Bill 88, Child and Family Services Amendment Act (Children 16 Years of Age and Older), 2013

Jackson, Rod

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Acts affected

Original

As Amended by Standing Committee

[40] Bill 88 As Amended by Standing Committee (PDF)

Bill 88 2013

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 subsection:

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 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.

(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29 (2) of the Act is repealed and the following substituted: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 subsection:

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.

(7) Section

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

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 Child and Family Services Amendment Act (Children

16 Years of Age and Older), 2013 .

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

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.

Under

section 29 of the Act, no temporary care agreement may be 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.

[40] Bill 88 Original (PDF)

Bill 88 2013

Act to amend the Child and Family Services Act with respect to children 16 years

of age and older

Note:

This Act amends the Child and Family Services Act . For the legislative

history of the Act, see the Table of Consolidated Public Statutes – Detailed

Legislative History at 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. 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 subsection:

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 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.

(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) 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.

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 Child and Family Services

Amendment Act (Children 16 Years of Age and Older), 2013 .

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.

Under

section 29 of the Act, no temporary care agreement may be 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

December 11, 2013

Ordered for Third Reading

December 11, 2013

Reported as amended

December 11, 2013

Consideration of a Bill

Standing Committee on Regulations and Private Bills

December 4, 2013

Consideration of a Bill

Standing Committee on Regulations and Private Bills

September 19, 2013

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

September 19, 2013

Second Reading

Carried

September 19, 2013

Second Reading

Debate

June 5, 2013

First Reading

Carried

Debates and Progress

First Reading

June 5, 2013

Committee

Second Reading

September 19, 2013

Mr. Rod Jackson, Miss Monique Taylor, Hon. Teresa Piruzza, Mrs. Jane McKenna, Ms. Mitzie Hunter, Mrs. Christine Elliott, Mr. Rob Leone

September 19, 2013

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

December 4, 2013

December 11, 2013

December 11, 2013

Reported as amended. Ordered for Third reading.

Third Reading

Royal Assent

Acts affected - Bill 88

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 88, 40-2
Type	bill
Volume / chapter	p40 s2 bill 88 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b8adc08721b7f16c087a6bdeba29e090523509b8

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