OTHER PROVINCIAL LAW - Child and Family Services Act - Apprehension without warrant

Child and Family Services Act

1. Apprehension of child in care without warrant

(4) A peace officer or child protection worker who believes on reasonable and probable grounds that,

(a) a child is actually or apparently under the age of sixteen years and has left or been removed from a society’s lawful care and custody without its consent; and

(b) there would be a substantial risk to the child’s health or safety during the time necessary to obtain a warrant under subsection (1),

may without a warrant bring the child to a place of safety. R.S.O. 1990, c. C.11, s. 41 (4).

Apprehension of child absent from place of open temporary detention

(5) Where a child is detained under this Part in a place of safety that has been designated as a place of open temporary detention as defined in Part IV (Youth Justice) and leaves the place without the consent of,

(a) the society having care, custody and control of the child; or

(b) the person in charge of the place of safety,

a peace officer, the person in charge of the place of safety or that person’s delegate may apprehend the child without a warrant. R.S.O. 1990, c. C.11, s. 41 (5); 2006, c. 19, Sched. D, s. 2 (7).

Idem

(6) A person who apprehends a child under subsection (5) shall,

(a) take the child to a place of safety to be detained until the child can be returned to the place of safety the child left; or

(b) return the child or arrange for the child to be returned to the place of safety the child left. R.S.O. 1990, c. C.11, s. 41 (6).

Section Amendments with date in force (d/m/y)

Apprehension of child under twelve

42. (1) A peace officer who believes on reasonable and probable grounds that a child actually or apparently under twelve years of age has committed an act in respect of which a person twelve years of age or older could be found guilty of an offence may apprehend the child without a warrant and on doing so,

(a) shall return the child to the child’s parent or other person having charge of the child as soon as practicable; or

(b) where it is not possible to return the child to the parent or other person within a reasonable time, shall take the child to a place of safety to be detained there until the child can be returned to the parent or other person.

Notice to parent, etc.

(2) The person in charge of a place of safety in which a child is detained under subsection (1) shall make reasonable efforts to notify the child’s parent or other person having charge of the child of the child’s detention so that the child may be returned to the parent or other person. R.S.O. 1990, c. C.11, s. 42 (1, 2).

Where child not returned to parent, etc., within twelve hours

(3) Where a child detained in a place of safety under subsection (1) cannot be returned to the child’s parent or other person having charge of the child within twelve hours of being taken to the place of safety, the child shall be dealt with as if the child had been taken to a place of safety under subsection 40 (7) and not apprehended under subsection (1). R.S.O. 1990, c. C.11, s. 42 (3); 1993, c. 27, Sched.

Section Amendments with date in force (d/m/y)

Runaways

43. (1) In this section,

“parent” includes,

(a) an approved agency that has custody of the child,

(b) a person who has care and control of the child.

Warrant to apprehend runaway child

(2) A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to apprehend a child if the justice of the peace is satisfied on the basis of the sworn information of a parent of the child that,

(a) the child is under the age of sixteen years;

(b) the child has withdrawn from the parent’s care and control without the parent’s consent; and

(c) the parent believes on reasonable and probable grounds that the child’s health or safety may be at risk if the child is not apprehended.

Idem

(3) A person who apprehends a child under subsection (2) shall return the child to the child’s parent as soon as practicable and where it is not possible to return the child to the parent within a reasonable time, take the child to a place of safety.

Notice to parent, etc.

(4) The person in charge of a place of safety to which a child is taken under subsection (3) shall make reasonable efforts to notify the child’s parent that the child is in the place of safety so that the child may be returned to the parent.

Where child not returned to parent within twelve hours

(5) Where a child taken to a place of safety under subsection (3) cannot be returned to the child’s parent within twelve hours of being taken to the place of safety, the child shall be dealt with as if the child had been taken to a place of safety under subsection 40 (2) and not apprehended under subsection (2).

Where custody enforcement proceedings more appropriate

(6) A justice of the peace shall not issue a warrant under subsection (2) where a child has withdrawn from the care and control of one parent with the consent of another parent under circumstances where a proceeding under section 36 of the Children’s Law Reform Act would be more appropriate.

No need to specify premises

(7) It is not necessary in a warrant under subsection (2) to specify the premises where the child is located.

Child protection proceedings

(8) Where a peace officer or child protection worker believes on reasonable and probable grounds that a child apprehended under this section is in need of protection and there may be a substantial risk to the health or safety of the child if the child were returned to the parent,

(a) the peace officer or child protection worker may take the child to a place of safety under subsection 40 (7); or

(b) where the child has been taken to a place of safety under subsection (5), the child shall be dealt with as if the child had been taken there under subsection 40 (7). R.S.O. 1990, c. C.11, s. 43.

Power of Entry and Other Provisions for Special Cases of Apprehension

Authority to enter, etc.

44. (1) A person authorized to bring a child to a place of safety by a warrant issued under subsection 41 (1) or 43 (2) may at any time enter any premises specified in the warrant, by force, if necessary, and may search for and remove the child. R.S.O. 1990, c. C.11, s. 44 (1).

Right of entry, etc.

(2) A person authorized under subsection 41 (4) or (5) or 42 (1) who believes on reasonable and probable grounds that a child referred to in the relevant subsection is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child. R.S.O. 1990, c. C.11, s. 44 (2).

Regulations re power of entry

(3) A person authorized to enter premises under this section shall exercise the power of entry in accordance with the regulations. R.S.O. 1990, c. C.11, s. 44 (3).

Police assistance

(4) A child protection worker acting under section 41 or 43 may call for the assistance of a peace officer. R.S.O. 1990, c. C.11, s. 44 (4).