Building Families and Supporting Youth to be Successful Act, 2011, S.O. 2011, c. 12 - Bill 179

 

chapter 12

An Act to amend the Child and Family Services Act respecting adoption and the provision of care and maintenance

Assented to June 1, 2011

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

1. Section 71.1 of the Child and Family Services Act is amended by adding the following subsections:

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 to the terms and conditions in this section, a person who chooses to stop 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.

2. Section 141.1 of the Act is repealed and the following substituted: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 Subsection 143 (1) of the Act is repealed and the following substituted: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 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;

(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.

7. (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.

8. (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”.

9. 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”.

10. 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 153.1”.

12. (1) Clause 216 (c) of the Act is repealed.

(2) Section 216 of the Act is amended by adding the following subsection:

Same

(2) The Minister may make regulations,

(a) prescribing the care and maintenance that may be provided to persons under section 71.1, and the terms and conditions on which the care and maintenance may be provided;

(b) prescribing support services for the purposes of subsection 71.1 (3).

Commencement

13. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

14. The short title of this Act is the Building Families and Supporting Youth to be Successful Act, 2011.