Child, Youth, and Family Services Act, 2017

• Author: JoAnn Kurtz
• Pages: 1-131

CHILD, YOUTH AND FAMILY SERVICESACT, 2017 1

PREAMBLE

The Government of Ontario acknowledges that children

are individuals with rights to be respected and voices to be

heard.

The Government of Ontario is committed to the follow-

ing principles:

Services provided to children and families should be

child-centred.

Children and families have better outcomes when

services build on their strengths. Prevention services,

early intervention services and community support

services build on a family’s strengths and are invalu-

able in reducing the need for more disruptive services

and interventions.

Services provided to children and families should

respect their diversity and the principle of inclusion,

consistent with the Human Rights Code and the

Canadian Charter of Rights and Freedoms.

Systemic racism and the barriers it creates for chil-

dren and families receiving services must continue to

be addressed. All children should have the opportun-

ity to meet their full potential. Awareness of systemic

biases and racism and the need to address these

barriers should inform the delivery of all services for

children and families.

Services to children and families should, wher-

ever possible, help maintain connections to their

communities.

In furtherance of these principles, the Government of

Ontario acknowledges that the aim of the Child, Youth

and Family Services Act, 2017 is to be consistent with and

build upon the principles expressed in the United Nations

Convention on the Rights of the Child.

With respect to First Nations, Inuit and Métis children,

the Government of Ontario acknowledges the following:

The Province of Ontario has unique and evolving rela-

tionships with First Nations, Inuit and Métis peoples.

Child,Youth and Family

ServicesAct, 2017

SO 2017, c14, SCHEDULE 1

Current to March 1, 2021

First Nations, Inuit and Métis peoples are consti-

tutionally recognized peoples in Canada, with their

own laws, and distinct cultural, political and historical

ties to the Province of Ontario.

Where a First Nations, Inuk or Métis child is other-

wise eligible to receive a service under this Act, an

inter-jurisdictional or intra-jurisdictional dispute should

not prevent the timely provision of that service, in

accordance with Jordan’s Principle.

The United Nations Declaration on the Rights of

Indigenous Peoples recognizes the importance of be-

longing to a community or nation, in accordance with

the traditions and customs of the community or nation

concerned.

Further, the Government of Ontario believes the

following:

First Nations, Inuit and Métis children should be

happy, healthy, resilient, grounded in their cultures

and languages and thriving as individualsand as

members of their families, communities andnations.

Honouring the connection between First Nations,

Inuit and Métis children and their distinct political

and cultural communities is essential to helping them

thrive and fostering their well-being.

For these reasons, the Government of Ontario is

committed, in the spirit of reconciliation, to working with

First Nations, Inuit and Métis peoples to help ensure that

wherever possible, they care for their children in accordance

with their distinct cultures, heritages and traditions.

PART I PURPOSES AND INTERPRETATION

Purposes

Paramount purpose and other purposes

Paramount purpose

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

the best interests, protection and well-being of children.

© [2022] Emond Montgomery Publications. All Rights Reserved.

2 FAMILY LAW: PRACTICE AND PROCEDURE

connection to their communities, and the concept

of the extended family.

7. Appropriate sharing of information, including per-

sonal information, in order to plan for and provide

services is essential for creating successful outcomes

for children and families.

Interpretation

Interpretation

Definitions

2. (1) In this Act,

“agency” means a corporation; (“agence”)

“band” has the same meaning as in the Indian Act

(Canada); (“bande”)

“Board” means the Child and Family Services Review Board

continued under section 333; (“Commission”)

“child” means a person younger than 18; (“enfant”)

“child in care” means a child or young person who is re-

ceiving residential care from a service provider and includes,

(a) a child who is in the care of a foster parent, and

(b) a young person who is,

(i) detained in a place of temporary detention

under the Youth Criminal Justice Act (Canada),

(ii) committed to a place of secure or open custody

designated under subsection 24.1 (1) of the Young

Offenders Act (Canada), whether in accordance with

section 88 of the Youth Criminal Justice Act (Canada)

or otherwise, or

(iii) held in a place of open custody under section

150 of this Act; (“enfant recevant des soins”, “enfant

qui reçoit des soins”)

“court” means the Ontario Court of Justice or the Family

Court of the Superior Court of Justice; (“tribunal”)

“creed” includes religion; (“croyance”)

“customary care” means the care and supervision of a First

Nations, Inuk or Métis child by a person who is not the

child’s parent, according to the custom of the child’s band or

First Nations, Inuit or Métis community; (“soins conformes

aux traditions”)

“Director” means a Director appointed under subsection 53

(1); (“directeur”)

“extended family” means persons to whom a child is re-

lated, including through a spousal relationship or adoption

and, in the case of a First Nations, Inuk or Métis child,

includes any member of,

(a) a band of which the child is a member,

(b) a band with which the child identifies,

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 to recognize the following:

1. While parents may need help in caring for their chil-

dren, that help should give support to the autonomy

and integrity of the family unit and, wherever pos-

sible, be provided on the basis of mutual consent.

2. The least disruptive course of action that is available

and is appropriate in a particular case to help a

child, including the provision of prevention services,

early intervention services and community support

s ervices, should be considered.

3. Services to children and young persons should be

provided in a manner that,

i. respects a child’s or young person’s need for

continuity of care and for stable relationships

within a family and cultural environment,

ii. takes into account physical, emotional, spirit-

ual, mental and developmental needs and dif-

ferences among children and young persons,

iii. takes into account a child’s or young person’s

race, ancestry, place of origin, colour, ethnic

origin, citizenship, family diversity, disability,

creed, sex, sexual orientation, gender identity

and gender expression,

iv. takes into account a child’s or young person’s

cultural and linguistic needs,

v. provides early assessment, planning and de-

cision-making to achieve permanent plans for

children and young persons in accordance with

their best interests, and

vi. includes the participation of a child or young

person, the child’s or young person’s parents

and relatives and the members of the child’s or

young person’sextended family and commun-

ity, where appropriate.

4. Services to children and young persons and their

families should be provided in a manner that re-

spects regional differences, wherever possible.

5. Services to children and young persons and their

families should be provided in a manner that builds

on the strengths of the families, wherever possible.

6. First Nations, Inuit and Métis peoples should be

entitled to provide, wherever possible, their own

child and family services, and all services to First

Nations, Inuit and Métis children and young persons

and their families should be provided in a manner

that recognizes their cultures, heritages, traditions,

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CHILD, YOUTH AND FAMILY SERVICESACT, 2017 3

(c) a First Nations, Inuit or Métis community of which

the child is a member, and

(d) a First Nations, Inuit or Métis community with

which the child identifies; (“famille élargie”)

“First Nations, Inuit or Métis community” means a community

listed by the Minister in a regulation made under section68;

(“communauté inuite, métisse ou de Premières Nations”)

“foster care” means the provision of residential care to a

child, by and in the home of a person who,

(a) receives compensation for caring for the child, ex-

cept under the Ontario Works Act, 1997 or the Ontario

Disability Support Program Act, 1997, and

(b) is not the child’s parent or a person with whom

the child has been placed for adoption under Part VIII

(Adoption and Adoption Licensing),

and “foster home” and “foster parent” have corresponding

meanings; (“soins fournis par une famille d’accueil”, “fa-

mille d’accueil”, “parent de famille d’accueil”)

“licence” means a licence issued under Part VIII (Adoption

and Adoption Licensing) or Part IX (Residential Licensing); a

reference to a licence in Part VIII is to a licence issued under

that Part and a reference to a licence in Part IX is to a licence

issued under that Part; (“permis”)

“licensee” means the holder of a licence; (“titulaire de

permis”)

“local director” means a local director appointed under

section 38; (“directeur local”)

“mechanical restraints” means a device, material or equip-

ment that reduces the ability of a person to move freely, and

includes handcuffs, flex cuffs, leg irons, restraining belts,

belly chains and linking chains; (“contentions mécaniques”)

“Minister” means the Minister of Children and Youth

Services or such other member of the Executive Council

as may be designated under the Executive Council Act to

administer this Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“old Act” means the Child and Family Services Act; (“an-

cienne loi”)

“order” includes a refusal to make an order; (“arrêté, ordre

et ordonnance”)

“personal information” has the same meaning as in the

Freedom of Information and Protection of Privacy Act;

(“renseignements personnels”)

“physical restraint” means a holding technique to restrict

a person’s ability to move freely but, for greater certainty,

does not include,

(a) restricting movement, physical redirection or phys-

ical prompting, if the restriction, redirection or prompt-

ing is brief, gentle and part of a behaviour teaching

program, or

(b) the use of helmets, protective mitts or other equip-

ment to prevent a person from physically injuring or fur-

ther physically injuring themself; (“contention physique”)

“place of open custody” means a place or facility desig-

nated as a place of open custody under subsection 24.1

(1) of the Young Offenders Act (Canada), whether in ac-

cordance with section 88 of the Youth Criminal Justice Act

(Canada) or otherwise; (“lieu de garde en milieu ouvert”)

“place of open temporary detention” means a place of

temporary detention in which the Minister has established

an open detention program; (“lieu de détention provisoire

en milieu ouvert”)

“place of secure custody” means a place or facility desig-

nated for the secure containment or restraint of young

persons under subsection 24.1 (1) of the Young Offenders

Act (Canada), whether in accordance with section 88 of the

Youth Criminal Justice Act (Canada) or otherwise; (“lieu de

garde en milieu fermé”)

“place of secure temporary detention” means a place of

temporary detention in which the Minister has established

a secure detention program; (“lieu de détention provisoire

en milieu fermé”)

“place of temporary detention” means a place or facility

designated as a place of temporary detentionunderthe

Youth Criminal Justice Act (Canada); (“lieu de détention

provisoire”)

“prescribed” means prescribed by regulations; (“prescrit”)

“program supervisor” means a program supervisor

appointed under subsection 53 (2); (“superviseur de

programme”)

“provincial director” means,

(a) a person, the group or class of persons or the body

appointed or designated by the Lieutenant Governor in

Council or the Lieutenant Governor in Council’s delegate

to perform any of the duties or functions of a provincial

director under the Youth Criminal Justice Act (Canada), or

(b) a person appointed under clause 146 (1) (a); (“di-

recteur provincial”)

“record” means a record of information in any form or in

any medium, whether in written, printed, photographic

or electronic form or otherwise, but does not include a

computer program or other mechanism that can produce

a record; (“dossier”)

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