Building Families and Supporting Youth to be Successful Act, 2011 Broten, Hon. Laurel C. Minister of Children and Youth Services — Bill 179 (39th Parliament, 2nd Session)

Bill 179, 39-2

Ontario — Bills

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Bill 179, Building Families and Supporting Youth to be Successful Act, 2011

Broten, Hon. Laurel C. Minister of Children and Youth Services

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Original

As Amended by Standing Committee

Royal Assent

[39] Bill 179 As Amended by Standing Committee (PDF)

Bill 179 2011

An Act to amend

the Child and Family Services Act respecting adoption and the provision of care

and maintenance

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:

Section 71.1 of the Child

and Family Services Act is amended by adding the following subsection s :

Same, prescribed support

services

(3) A society or agency may provide

care and maintenance in accordance with the regulations to a person who is 18

years of age or more if, immediately before the person's 18th birthday, the

person was receiving support services prescribed by the regulations.

Same, prescribed support

services

(3) A

society or agency may provide care and maintenance in accordance with the

regulations to a person who is 18 years of age or more if, when the person was

16 or 17 years of age, he or she was eligible for support services prescribed

by the regulations, whether or not he or she was receiving such support

services.

Resuming receipt

(4) Subject

receiving care and maintenance under this

section may choose to resume

receiving it.

Same

(5) Subsection

(4) applies where the person has chosen to stop receiving care and maintenance

on one occasion or, at the discretion of the society or agency providing the

care and maintenance, on more than one occasion.

Section 141.1 of the Act is

repealed and the following substituted:

Limitation on placement by society

141.1 A

society shall not place a Crown ward for adoption until,

(

a) the time for

commencing an appeal of the order for Crown wardship under subsection 57 (1) or

65.2 (1) has expired; or

(

b) any appeal of the

order for Crown wardship has been finally disposed of or abandoned.

3. The Act is amended by

adding the following section:

Adoption planning

141.1.1

(1) Nothing

in this Act prohibits a society from planning for the adoption of a Crown ward

in respect of whom there is an access order in effect under

Part III (Child

Protection).

Openness

(2) Where a society begins planning for the adoption of a

child who is a Crown ward, the society shall consider the benefits of an

openness order or openness agreement in respect of the child.

4. Subsection

143 (1) of the Act is repealed and the following substituted:

Access orders terminate

(1) When a child is placed for adoption by a society or

licensee, every order respecting access to the child is terminated, including

an access order made under

Part III (Child Protection) in respect of a Crown

ward.

5. Subsection 145.1 (4) of the

Act is amended by striking out "Any openness order made in respect of a child" at

the beginning and substituting "Any openness order made under this

section in

respect of a child".

6. The Act is amended by

adding the following sections:

Access order in effect

Notice of intent to place for adoption

145.1.1

(1) This

section applies where,

(

a) a society intends to

place a child who is a Crown ward for adoption; and

(

b) an order under

Part

III (Child Protection) has been made respecting a person's access to the child

or the child's access to another person.

Notice

(2) In the circumstances described in subsection (1), the

society shall give notice to the following persons:

1. The person who has

been granted an access order.

2. The person with

respect to whom an access order has been granted.

Right to apply for openness order

(3) The society shall include in the notice the following

information:

1. Notice that the

society intends to place the child for adoption.

2. Notice that the

access order terminates upon placement for adoption.

3. In the case of notice

to a person described in paragraph 1 of subsection (2), the fact that the

person has a right to apply for an openness order within 30 days after notice

is received.

4. In the case of notice

to a person described in paragraph 2 of subsection (2), the fact that the

person described in paragraph 1 of subsection (2) has the right to apply for an

openness order within 30 days after notice is received.

Method of giving notice

(4) Notice may be given by any of the following methods:

1. Leaving a copy,

i. with the person,

ii. if the person appears to be mentally

incapable in respect of an issue in the notice, with the person and with the

guardian of the person's property or, if none, with the Public Guardian and

Trustee, or

iii. if the person is a child, with the child and

with the child's lawyer, if any.

2. Leaving a copy with the

person's lawyer of record or with a lawyer who accepts the notice

in writing on a copy of the document.

Alternate method

(5) On application

without notice by a society, the court may order that notice under subsection

(2) be given by another method chosen by the court if the society,

(

a) provides detailed evidence showing,

(

i) what steps have been taken to

locate the person to whom the notice is to be given, and

(ii) if the person has been

located, what steps have been taken to give the notice to the person; and

(

b) shows that the method of giving notice could reasonably

be expected to bring the notice to the person's attention.

Notice not required

(6) On application

without notice by a society, the court may order that the society is not

required to give notice under subsection (2) if,

(

a) reasonable efforts to locate the person to whom the

notice is to be given have not been or would not be successful; and

(

b) there is no method of giving notice that could

reasonably be expected to bring the notice to the person's attention.

Access order in effect

Application for openness order

145.1.2

(1) A person described in

paragraph 1 of subsection 145.1.1 (2) may, within 30 days after notice is

received, apply to the court for an openness order.

Notice of application

(2) A person making an

application for an openness order under this

section shall give notice of the

application to,

(

a) the society having care and custody of the child;

(

b) the child, except as otherwise provided under subsection

39 (4) or (5); and

(

c) if the child is

bringing the application, the person who will be permitted to communicate with

or have a relationship with the child if the order is made.

Condition on placement

(3) A society shall not place a child for adoption before

the time for applying for an openness order under subsection (1) has expired

unless every person who is entitled to do so has made an application for an

openness order under this section.

Information before placement

(4) Where an application for an openness order under this

section has been made, a society shall, before placing the child for adoption, advise

the person with whom it plans to place the child of the following:

1. The

fact that such an application has been made.

2. The

relationship of the applicant to the child.

3. The

details of the openness arrangement requested.

Outcome of application

(5) Where an application for an openness order under this

section has been made, a society shall advise the person with whom the society

has placed or plans to place the child for adoption or, after an adoption order

is made, the adoptive parent of the outcome of the application.

Openness order

(6) The court may make an openness

order under this

section in respect of a child if it is satisfied that,

(

a) the openness order is

in the best interests of the child; and

(

b) the child has consented

to the order, if he or she is 12 years of age or older.

Same

(7) In deciding whether to make an

openness order under this section, the court shall consider,

(

a) whether the openness

order would permit the continuation of a relationship with a person that is beneficial

and meaningful to the child; and

(

b) the ability of the

person with whom the society has placed or plans to place the child for

adoption or, after the adoption order is made, the adoptive parent to comply

with the arrangement under the openness order.

Openness

order

(6) The

court may make an openness order under this

section in respect of a child if it

is satisfied that,

(

a) the

openness order is in the best interests of the child;

(

b) the

openness order will permit the continuation of a relationship with a person

that is beneficial and meaningful to the child; and

(

c) the

child has consented to the order, if he or she is 12 years of age or older.

Same

(7) In

deciding whether to make an openness order under this section, the court shall

consider the ability of the person with whom the society has placed or plans to

place the child for adoption or, after the adoption order is made, the adoptive

parent to comply with the arrangement under the openness order.

Consent of society required

(8) The court shall not, under this section, direct a society

to supervise or participate in the arrangement under an openness order without

the consent of the society.

Termination of

openness order if Crown wardship terminates

(9) Any openness order

made under this

section in respect of a child terminates if the child ceases to

be a Crown ward by reason of an order made under subsection 65.2 (1).

Temporary orders

(10) The court may

make such temporary order relating to openness under this

section as the court

considers to be in the child's best interests.

(1) Subsection

145.2 (1) of the Act is amended by striking out "section 145.1" at the end and

substituting "section 145.1 or 145.1.2".

(2) Subsection

145.2 (5) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Order to

terminate openness order

(5) The court shall not terminate an openness order under

this

section unless the court is satisfied that,

. . . .

(3) Subsection 145.2 (6) of the Act is

amended by striking out "The court shall not direct a society" at the beginning

and substituting "The court shall not, under this section, direct a society".

(4) Subsection 145.2 (8) of

the Act is repealed and the following substituted:

Temporary orders

(8) The court may make such temporary order relating to

openness under this

section as the court considers to be in the child's best

interests.

(1) Subsection

153.1 (1) of the Act is amended by striking out "an openness order" in the

portion before paragraph 1 and substituting "an openness order made under

section

145.1 or 145.1.2".

(2) Subsection 153.1 (8) of

the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Order to terminate openness order

(8) The court shall not terminate an openness order under

this

section unless the court is satisfied that,

. . . .

(3) Subsection 153.1 (9) of the Act is

amended by striking out "The court shall not direct a society" at the beginning

and substituting "The court shall not, under this section, direct a society".

Section 153.3 of the Act is

amended by striking out "sections 145.1, 145.2, 153.1 and 153.2" at the end and

substituting "sections 145.1, 145.1.2, 145.2, 153.1 and 153.2".

Section 153.4 of the Act

is amended by striking out "section 145.1, 145.2, 153.1 or 153.2" and

substituting "section 145.1, 145.1.2, 145.2, 153.1 or 153.2".

11. Subsection 153.5 (1) of

the Act is amended by striking out "section 145.1, 145.2 or 153.1" and

substituting "section 145.1, 145.1.2, 145.2 or 153

Document details

Collection	Ontario — Bills
Citation	Bill 179, 39-2
Type	bill
Volume / chapter	p39 s2 bill 179 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e1566126584ede48c49e8d7b58f2a952c27c1d51

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