Use of a Standardized Form by Physicians to Prevent the Disclosure of Records of Mental Health under Part X (Personal Information) of the Child, Youth & Family Services Act, 2017 (CYFSA)
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
Overview of Part X:
The CYFSA received Royal Assent on June 1, 2017. Part X of the Act establishes a new personal information privacy framework for the sector which includes new:
•Rules for the collection, use, and disclosure of clients' personal information by service providers under the Act.
•Rights for children, youth and family members to access and correct their personal information held by those service providers.
•Ministry authority to collect data and information, including personal information from clients and service providers, for purposes such as monitoring and oversight, research, evaluation and system planning.
MCYS funds and/or licenses a variety of service providers to provide services across the child and youth sector. Some of these service providers are governed by the Freedom of Information and Protection of Privacy Act (FIPPA), the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), or the Personal Health Information Protection Act (PHIPA). However, many MCYS-funded service providers are currently not governed by any legislation that sets rules for the handling or sharing of personal information (e.g. Children's Aid Societies). Part X fills the 'legislative gap' in the child and youth service sector by providing consistent protections and rights for children, youth, and families related to their personal information.
In 1984, proclamation of the main elements of Part VIII under the Child and Family Services Act (CFSA) were delayed and the unproclaimed provisions of Part VIII were repealed in 2011.The only provision that was proclaimed was section 183 which dealt with disclosure of records of a mental disorder. Section 183 requires a service provider to disclose a record of a mental disorder to a court pursuant to a summons, order, direction or notice unless a physician states in writing that the disclosure is likely to result in harm to the treatment or recovery of the person to whom the record relates or is likely to result in injury to the mental condition of or bodily harm to another person.
This regulation requires that a physician use a standardized form to make this statement which is available on the Government of Ontario's Central Forms Repository.
Policy Intent in Legislation:
The policy intent continues to prevent the disclosure of a record of mental disorder by a service provider if the disclosure is likely to result in harm to the treatment or recovery of the person to whom the record relates or is likely to result in injury to the mental condition of or bodily harm to another person. This determination must be made by a physician and must be done in writing.
Section 294 of the Child, Youth and Family Service Act (CYFSA) is similar to section 183 of the CFSA with small editorial changes that makes the provision easier to read and more similar to section 35 of the Mental Health Act.
Policy Intent of Regulation:
The policy intent is to have physicians continue to use a standardized form provided when stating that a record of mental disorder is likely to cause harm to the individual or to another person if disclosed. The language in the regulation has been updated to reflect the CYFSA. The standardized form will also need to be updated.
December 4, 2017
Comments Due Date:
January 26, 2018
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3