Bill 89 and Amendments to the Age of Protection

Thursday, February 22, 2018

On June 1, 2017 Bill 89 (“Supporting Children, Youth and Families Act”) passed third reading and received Royal Assent in the Ontario legislature.

What is the purpose of this Act?

This Act is intended to replace the Child & Family Services Act (1990), which will be repealed in the next few years. A number of regulations will be finalized and implemented over the next two years.

The purpose of the new Supporting Children, Youth and Families Act (2017) is:

  • To promote the best interests, protection and well-being of children
  • To recognize that services to children and young persons should be provided in a manner that respects regional differences wherever possible and takes into account, physical, emotional, spiritual, mental and developmental needs and differences among children and young persons; 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; and a child’s or young person’s cultural and linguistic needs.
  • To recognize that 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.

What changes are in place now?

On Jan 1, 2018 an Amendment to Child & Family Services Act has increased the age of protection to include all children and youth under the age of 18 years.  As of now, child protection societies will provide the full range of child protection services to youth up to their 18th birthday.  Youth ages 16 and 17 may access new Voluntary Youth Services Agreements (VYSA) if they are in need of an out-of-home placement.  Youth may also access Continued Care and Support after the age of 18.

Implications for the Duty to Report

  • Must report if have a ‘reasonable suspicion’ that a child under the age of 16 is or may be in need of protection (consistent with the previous legislation)
            
  • **NEW:  May report concerns about a 16 or 17 year old (and child welfare is required to assess the reported information).  If the information warrants an investigation, the child protection agency will make every effort to hear from the youth about their experiences and concerns. 

To access Bill 89, click here

For more information about Protection Services for 16-17 Year Olds, click here

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