Child and Family Services Amendment Act (Child Welfare Reform), 1998 Ecker, Hon. Janet Minister of Community and Social Services — Bill 73 (36th Parliament, 2nd Session)

Bill 73, 36-2

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Bill 73, Child and Family Services Amendment Act (Child Welfare Reform), 1998

Ecker, Hon. Janet Minister of Community and Social Services

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[36] Bill 73 Original (PDF)

B073_E

Bill 73 1998

An Act to amend the Child and Family Services Act in order to better

promote the best interests, protection and well being of children

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

Assembly of the Province of Ontario, enacts as follows:

Section 1 of the Child and Family Services Act is

repealed and the following substituted:

Paramount purpose

(1) The paramount purpose of this Act is to promote

the best interests, protection and well being of children.

Other purposes

(2) The additional purposes of this Act, so long as they are consistent

with the best interests, protection and well being of children, are:

1. To recognize that while parents may need help in caring for their

children, that help should give support to the autonomy and integrity of the

family unit and, wherever possible, be provided on the basis of mutual

consent.

2. To recognize that the least disruptive course of action that is

available and is appropriate in a particular case to help a child should be

considered.

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

that,

i. respects children's needs for continuity of care and for stable family

relationships, and

ii. takes into account physical and mental developmental differences among

children.

4. To recognize that, wherever possible, services to children and their

families should be provided in a manner that respects cultural, religious and

regional differences.

5. To recognize that Indian and native people should be entitled to

provide, wherever possible, their own child and family services, and that all

services to Indian and native children and families should be provided in a

manner that recognizes their culture, heritage and traditions and the concept

of the extended family.

(1) The definition of "court" in subsection 3 (1) of the Act is

repealed and the following substituted:

court" means the Ontario Court (Provincial Division) or the Family Court

of the Ontario Court (General Division); ("tribunal")

(2) Clause (

a) of the definition of "foster care" in subsection 3

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

(

a) receives compensation for caring for the child, except under the

Ontario Works Act, 1997 , the Ontario Disability Support Program

Act, 1997 or the Family Benefits Act , and

. . . . .

(3) On a day to be named by proclamation of the Lieutenant

Governor, clause (

a) of the definition of "foster care" in subsection 3

(1) of the Act, as re-enacted by subsection (2), is repealed and the following

substituted:

(

a) receives compensation for caring for the child, except under the

Ontario Works Act, 1997 or the Ontario Disability Support

Program Act, 1997 , and

. . . . .

Section 18 of the Act is repealed.

4. (1) Subsections 19 (1), (3) and (5) of the Act are

repealed.

(2) Subsection 19 (6) of the Act is amended by striking out "or

(3)" in the second line.

5. Subsection 20 (1) of the Act is repealed.

6. The Act is amended by adding the following

section:

Directives to societies

20.1 A Director may issue directives to one or more

societies, including directives respecting their provision of services under

this Act.

7. Clause 22 (1) (

d) of the Act is repealed and the following

substituted:

(

d) in the case of a society, the society,

(

i) is not able to or fails to perform any or all of its functions under

section 15,

(ii) fails to perform any or all of its functions in any part of its

territorial jurisdiction, or

(iii) fails to follow a directive issued under

section 20.1.

8. (1) Clause 29 (4) (

b) of the Act is amended by striking out

"restrictive" in the first line and substituting "disruptive".

(2) Subsection 29 (6) of the Act is repealed and the following

substituted:

Time limit

(6) No temporary care agreement shall be made or extended so as to result

in a child being in a society's care and custody, for a period exceeding,

(a) 12 months, if the child is less than 6 years of age on the day the

agreement is entered into or extended; or

(b) 24 months, if the child is 6 years of age or older on the day the

agreement is entered into or extended.

Same

(6.1) In calculating the period referred to in subsection (6), time during

which a child has been in a society's care and custody,

(

a) as a society ward under paragraph 2 of subsection 57 (1);

(

b) under a temporary care agreement under subsection 29 (1); or

(

c) under a temporary order made under clause 51 (2) (d),

shall be counted.

Previous periods to be counted

(6.2) The period referred to in subsection (6) shall include any previous

periods that the child was in a society's care and custody as described in

subsection (6.1) other than periods that precede a continuous period of five

or more years that the child was not in a society's care and custody.

9. (1) Clause 37 (2) (

a) of the Act is repealed and the following

substituted:

(

a) the child has suffered physical harm, inflicted by the person having

charge of the child or caused by or resulting from that person's,

(

i) failure to adequately care for, provide for, supervise or protect the

child, or

(ii) pattern of neglect in caring for, providing for, supervising or

protecting the child.

(2) Clause 37 (2) (

b) of the Act is repealed and the following

substituted:

(

b) there is a risk that the child is likely to suffer physical harm

inflicted by the person having charge of the child or caused by or resulting

from that person's,

(

i) failure to adequately care for, provide for, supervise or protect the

child, or

(ii) pattern of neglect in caring for, providing for, supervising or

protecting the child.

(3) Clause 37 (2) (

d) of the Act is repealed and the following

substituted:

(

d) there is a risk that the child is likely to be sexually molested or

sexually exploited as described in clause (c).

(4) Clauses 37 (2) (

f) and (

g) of the Act are repealed and the

following substituted:

(

f) the child has suffered emotional harm, demonstrated by serious,

(

i) anxiety,

(ii) depression,

(iii) withdrawal,

(iv) self-destructive or aggressive behaviour, or

(

v) delayed development,

and there are reasonable grounds to believe that the emotional harm

suffered by the child results from the actions, failure to act or pattern of

neglect on the part of the child's parent or the person having charge of the

child;

(f.1)the child has suffered emotional harm of the kind described in

subclause (f) (i), (ii), (iii), (iv) or (

v) and the child's parent or the

person having charge of the child does not provide, or refuses or is

unavailable or unable to consent to, services or treatment to remedy or

alleviate the harm;

(

g) there is a risk that the child is likely to suffer emotional harm of

the kind described in subclause (f) (i), (ii), (iii), (iv) or (

v) resulting

from the actions, failure to act or pattern of neglect on the part of the

child's parent or the person having charge of the child;

(g.1) there is a risk that the child is likely to suffer emotional harm of

the kind described in subclause (f) (i), (ii), (iii), (iv) or (

v) and that

the child's parent or the person having charge of the child does not provide,

or refuses or is unavailable or unable to consent to, services or treatment

to prevent the harm.

10. Subclause 38 (4) (b) (ii) of the Act is repealed and the

following substituted:

(ii) it is alleged that the child is in need of protection within the

meaning of clause 37 (2) (a), (c), (f), (f.1) or (h); or

. . . . .

11. Subsection 45 (2) of the Act is repealed and the following

substituted:

Application

(2) This

section applies to hearings held under this Part.

12. Subsection 50 (1) of the Act is repealed and the following

substituted:

Consideration of past conduct toward children

(1) Despite anything in the Evidence Act , in any proceeding under

this Part,

(

a) the court may consider the past conduct of a person toward any child

if that person is caring for or has access to or may care for or have access

to a child who is the subject of the proceeding; and

(

b) any oral or written statement or report that the court considers

relevant to the proceeding, including a transcript, exhibit or finding or the

reasons for a decision in an earlier civil or criminal proceeding, is

admissible into evidence.

13. Subsection 51 (3) of the Act is repealed and the following

substituted:

Criteria

(3) The court shall not make an order under clause (2) (

c) or (

d) unless

the court is satisfied that there are reasonable grounds to believe that

there is a risk that the child is likely to suffer harm and that the child

cannot be protected adequately by an order under clause (2) (

a) or (b).

14. Subsection 54 (8) of the Act is repealed and the following

substituted:

Report inadmissible

(8) The report of an assessment ordered under subsection (1) is not

admissible into evidence in any other proceeding except,

(

a) a proceeding under this Part, including an appeal under

section

69;

(

b) a proceeding referred to in

section 81; or

(

c) a proceeding under the Coroners Act ,

without the consent of the person or persons assessed.

15. (1) Subsection 57 (3) of the Act is repealed and the following

substituted:

Less disruptive alternatives preferred

(3) The court shall not make an order removing the child from the care of

the person who had charge of him or her immediately before intervention under

this Part unless the court is satisfied that alternatives that are less

disruptive to the child, including non-residential services and the

assistance referred to in subsection (2), would be inadequate to protect the

child.

(2) Subsection 57 (6) of the Act is repealed.

16. Subsections 59 (2) and (3) of the Act are repealed and the

following substituted:

Access: Crown ward

(2) The court shall not make or vary an access order with respect to a

Crown ward under

section 58 (access) or

section 65 (status review) unless the

court is satisfied that,

(

a) the relationship between the person and the child is beneficial and

meaningful to the child; and

(

b) the ordered access will not impair the child's future opportunities

for a permanent or stable placement.

Termination of access: Crown ward

(3) The court shall terminate an access order with respect to a Crown ward

if,

(

a) the order is no longer in the best interests of the child; or

(

b) the court is no longer satisfied that clauses (2) (

a) and (

b) apply

with respect to that access.

17. Subsection 61 (9) of the Act is amended by striking out

"substantial risk to the child's health or safety" in the third and fourth

lines and substituting "risk that the child is likely to suffer

harm".

18. Clause 64 (8) (

a) of the Act is amended by striking out

"subsection 59 (2)" in the last line and substituting "section

58".

19. Subsection 65 (3) of the Act is repealed.

20. Subsection 67 (1) of the Act is amended by striking out "or

the Unified Family Court" in the second and third lines.

21. (1) Subsections 70 (1) and (2) of the Act are repealed and the

following substituted:

Time limit

(1) Subject to subsections (3) and (4), the court shall not make an order

for society wardship under this Part that results in a child being a society

ward for a period exceeding,

(a) 12 months, if the child is less than 6 years of age on the day the

court makes an order for society wardship; or

(b) 24 months, if the child is 6 years of age or older on the day the

court makes an order for society wardship.

Same

(2) In calculating the period referred to in subsection (1), time during

which a child has been in a socie

Document details

Collection	Ontario — Bills
Citation	Bill 73, 36-2
Type	bill
Volume / chapter	p36 s2 bill 73 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f974b879ef0661ba249c61f8d3de244f226de75b

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