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O. Reg. 163/18: CUSTODY CLAIMS BY NON-PARENTS

filed April 3, 2018 under Children's Law Reform Act, R.S.O. 1990, c. C.12

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ontario regulation 163/18

made under the

Children’s Law Reform Act

Made: March 27, 2018
Filed: April 3, 2018
Published on e-Laws: April 3, 2018
Printed in The Ontario Gazette: April 21, 2018

Amending O. Reg. 24/10

(CUSTODY CLAIMS BY NON-PARENTS)

1. The French version of the title to Ontario Regulation 24/10 is revoked and the following substituted:

DEMANDES DE GARDE PRÉSENTÉES PAR DES PERSONNES QUI NE SONT PAS LES PARENTS

2. Clause 1 (2) (e) of the Regulation is amended by striking out “section 80 of the Child and Family Services Act” and substituting “section 137 of the Child, Youth and Family Services Act, 2017”.

3. Section 2 of the Regulation is revoked and the following substituted:

Requests for CAS report

2. A person required to submit a request under subsection 21.2 (2) of the Act shall submit a request to each society that is or was designated for every territorial jurisdiction, within the meaning of section 34 of the Child, Youth and Family Services Act, 2017, in which the person has resided since the earlier of,

(a) the day on which the person became a parent for the first time; and

(b) the day on which the person reached 18 years of age.

4. Subsections 3 (1) and (2) of the Regulation are revoked and the following substituted:

Scope of CAS report, excluded files

(1) Subject to subsection (2), a report prepared under subsection 21.2 (4) of the Act shall only refer to files respecting the following:

1. The provision of a service to the person requesting the report where the service was provided under Part II of the Child and Family Services Act before that Act was repealed.

2. The provision of a service under Part III of the Child and Family Services Act before that Act was repealed in a circumstance where,

i. a child protection investigation was initiated, and

ii. the person requesting the report was one of the subjects of the investigation.

3. The provision of a service to the person requesting the report where the service was provided under Part V of the Child, Youth and Family Services Act, 2017 in relation to a temporary care agreement under section 75 of that Act.

4. The provision of a service under Part V of the Child, Youth and Family Services Act, 2017 in a circumstance where,

i. a child protection investigation was initiated, and

ii. the person requesting the report is or was one of the subjects of the investigation.

(2) A report prepared under subsection 21.2 (4) of the Act shall not refer to a file mentioned in subsection (1) of this section in any of the following circumstances:

1. In the case of a file respecting a matter described in paragraph 2 or 4 of subsection (1), the file is in respect of a referral, report or information that a child is or was in need of protection that did not require a child protection investigation.

2. The person requesting the report was the child receiving the service or the child who was the subject of the investigation, as the case may be.

3. In the case of a file respecting care and support provided under section 124 of the Child, Youth and Family Services Act, 2017 or section 71.1 of the Child and Family Services Act, the person requesting the report is or was the person receiving the care and support.

Commencement

5. This Regulation comes into force on the later of the day section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force and the day this Regulation is filed.

 

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