Bill 118, Child and Family Services Amendment Act, 2000

An Act to amend the Child and Family Services Act

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

1. Subsection 3 (1) of the Child and Family Services Act, as amended by the Statutes of Ontario, 1999, chapter 2, section 2 and 1999, chapter 12, Schedule G, section 16, is further amended by adding the following definitions: "

caregiver" means,

(a)a teacher,

(b)a child care worker,

(c)a residential youth worker,

(d)an individual employed by or in a care-giving institution,

(e)an individual who provides volunteer services to a care-giving institution, or

(f)an individual who owns or operates a care-giving institution; ("fournisseur de soins") "

care-giving institution" means a school, a day care centre, a facility for young offenders or an entity that is responsible for the care and custody of children. ("tablissement de prestation de soins")

2. Subsection 15 (3) of the Act is amended by adding the following clauses:

(a.1)investigate allegations or evidence that children in a care-giving institution who are under the age of 16 years may be in need of protection;

.....

(c.1)provide guidance and support to care-giving institutions concerning procedures to follow to reduce risk to children and to prevent circumstances requiring the protection of children.

3. Subsection 37 (3) of the Act is amended by adding the following paragraph:

12.1The risk of further harm to the child from a caregiver or while remaining in a care-giving institution.

4. Subsection 57 (1) of the Act is amended by adding the following paragraph:

Care-giving institution

3.1That a care-giving institution take such actions as may be specified in the order to protect a child or class of children in the institution's care.

5. (1) Subsection 64 (1) of the Act is repealed and the following substituted:

Application

(1) This section applies where a child is the subject of an order for society supervision, society wardship or Crown wardship under subsection 57 (1) or where a care-giving institution is the subject of an order under that subsection.

(2) Section 64 of the Act, as amended by the Statutes of Ontario, 1999, chapter 2, section 18, is further amended by adding the following subsection:

Review, care-giving institution

(4.1) An application for a change to an order described in paragraph 3.1 of subsection 57 (1) may be made by the care-giving institution named in the order or by the society that has jurisdiction in the county or district in which the care-giving institution is located.

6. Section 72 of the Act, as amended by the Statutes of Ontario, 1999, chapter 2, section 22, is further amended by adding the following subsection:

Continuing duty

(2.1) The duty to report under subsection (1) continues each day until the risk to the child ends.

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

Investigation, caregiver

72.2 (1) In addition to anything the child protection worker is permitted or required to do in the course of carrying out an investigation under this Act, the child protection worker may interview children who have been in the care of the caregiver or in the care of any care-giving institution in which the caregiver has been employed or in which the caregiver has provided volunteer services.

Disclosure of results

(2) The results of any investigation under this section may be disclosed to the head of the care-giving institution in which the caregiver is or was employed or in which the caregiver provided volunteer services.

8. Subsection 75 (8) of the Act is repealed and the following substituted:

Minister or Director may permit access to register

(8) The Minister or the Director may permit a person employed by the Ministry, a society, a recognized child protection agency outside Ontario or a person who is providing or proposes to provide counselling or treatment to a registered person to inspect and remove information in the register and to disclose the information to a person referred to in subsection (7), to a care-giving institution, to an employer of a caregiver or to another person referred to in this subsection, subject to such terms and conditions as the Director may impose.

Commencement

9. This Act comes into force on the day it receives Royal Assent.

Short title

10. The short title of this Act is the Child and Family Services Amendment Act, 2000.

EXPLANATORY NOTE

The Bill ensures that child protection workers have the authority to investigate allegations of physical abuse and sexual molestation of children by teachers and other caregivers and to apply for appropriate court orders. The disclosure to care-giving institutions of the results of the investigation and information in the Child Abuse Register will be authorized.

The Bill provides that the duty to report child abuse that is imposed on persons performing professional or official duties with respect to children will continue until the risk of abuse ends.