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Provincial Advocate for Children and Youth Amendment Act, 2015, S.O. 2015, c. 35 - Bill 117

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 117 and does not form part of the law.  Bill 117 has been enacted as Chapter 35 of the Statutes of Ontario, 2015.

The Bill amends the Provincial Advocate for Children and Youth Act, 2007 to include an obligation on agencies and service providers to inform the Provincial Advocate for Children and Youth after they become aware that a child or youth has died or incurred serious bodily harm, and the child or youth or the child or youth’s family had sought or received a children’s aid society’s service within 12 months of the death or incurrence of harm.  Agencies and service providers are also required to provide those parents and children with contact information for the Advocate.

 

chapter 35

An Act to amend the Provincial Advocate for Children and Youth Act, 2007 with respect to notices of serious bodily harm or death

Assented to December 10, 2015

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

1. The Provincial Advocate for Children and Youth Act, 2007 is amended by adding the following section:

Death or serious bodily harm

18.1 (1) An agency or service provider, as the case may be, shall inform the Advocate in writing and without unreasonable delay after it becomes aware of the death of or serious bodily harm incurred by a child or youth, where the child or youth, or the child or youth’s family, has sought or received a children’s aid society service within 12 months of the death or incurrence of harm.

Provision of information to the Advocate

(2) Information provided to the Advocate under subsection (1) shall include a summary of the circumstances surrounding the death or serious bodily harm. 

Duty to report under the Child and Family Services Act

(3) Nothing in this section affects the duty to report a suspicion under section 72 of the Child and Family Services Act.

Provision of information to parents

(4) An agency or service provider, as the case may be, shall inform the parents of a child that has died or suffered serious bodily harm in the circumstances described in subsection (1) about the Advocate and shall provide the parents with contact information for the Advocate. 

Provision of information to a child

(5) An agency or service provider, as the case may be, shall inform a child that has suffered serious bodily harm in the circumstances described in subsection (1) about the Advocate and shall provide the child with contact information for the Advocate.

Commencement

2. This Act comes into force six months after the day it receives Royal Assent.

Short title

3. The short title of this Act is the Provincial Advocate for Children and Youth Amendment Act, 2015.