Protection of Children involved in Prostitution Act, 1998 Bartolucci, Rick — Bill 18 (36th Parliament, 2nd Session)

Bill 18, 36-2

Ontario — Bills

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Bill 18, Protection of Children involved in Prostitution Act, 1998

Bartolucci, Rick

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Status

As Amended by Standing Committee

[36] Bill 18 As Amended by Standing Committee (PDF)

B018_E

Bill 18 1998

An Act to protect Children involved in Prostitution

CONTENTS

Sections

Articles

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 parent

Application for restraining order

Programs

Designation of protective safe houses

Regulations

Offence

Conflict

Commencement

Short title

Définitions

Demande de mandat d'amener

Mandat obtenu par téléphone ou par un autre moyen

Appréhension de l'enfant sans mandat

Remise de l'avis d'appréhension au préposé à la

protection de l'enfance

Détention dans un foyer d'hébergement sûr

Devoirs du préposé à la protection de l'enfance

Notification du père ou de la mère

Requête en vue d'obtenir une ordonnance de ne pas faire

Programmes

Désignation de foyers d'hébergement sûrs

Règlements

Infraction

Incompatibilité

Entrée en vigueur

Titre abrégé

______________

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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 (Provincial Division) or the Unified Family

Court; ("tribunal")

judge" means a judge of the Ontario Court (Provincial Division) 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 deliver the child to the care of a

child protection worker; 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 and to deliver the

child to the care of a child protection worker.

Assessment

(3) If a child is delivered to the care of a child protection worker under

clause (2) (

b) or (c), the child protection worker shall conduct a

preliminary assessment to determine whether or not the child is in need of a

protective safe house and may,

(

a) if it is determined that the child is in need of a protective safe

house, convey the child to a protective safe house determined appropriate by

the child protection worker;

(

b) if it is determined that the child is not in need of a protective safe

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

opinion of the child protection worker, based on the assessment performed, is

a responsible adult who has care and control of the child.

Consent of child over 16

(4) Despite clause (3) (b), a child who is 16 years of age or older shall

not be returned to the child's parent or to a responsible adult unless the

child consents to go. If the child refuses to consent, he or she shall be

conveyed to a protective safe house determined appropriate by the child

protection worker.

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; or

(

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, wh

Document details

Collection	Ontario — Bills
Citation	Bill 18, 36-2
Type	bill
Volume / chapter	p36 s2 bill 18 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ce20fe4c6eaf874dd8fa9a4149e83e74099e815a

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