Proposed requirements respecting police record checks for individuals involved in the provision of services governed by the Child, Youth and Family Services Act, 2017 and the Intercountry Adoption Act, 1998.
Ontario Regulation 155/18
Ontario Regulation 200/99
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017; Intercountry Adoption Act, 1998
Summary of Proposal:
The ministry is proposing new regulatory provisions under the Child, Youth and Family Services Act, 2017 (CYFSA) and the Intercountry Adoption Act, 1998 (IAA) to streamline and clarify when and from whom police record checks are required in the child and youth services sector, and what practices and procedures are to be followed when a check is required. The proposed requirements, developed with input from external sector partners and internal stakeholders, incorporate best practices respecting the use of police record checks from various sectors that deliver services to vulnerable people and from other jurisdictions.
The proposed requirements will provide measures that are expected to better protect vulnerable children and young persons and promote transparency and standardization across the child and youth services sector by:
• Establishing minimum requirements for police record checks in the child and youth services sector.
• Detailing practices and procedures that service providers must follow when a check is required, including:
o Who is required to obtain a police record check;
o How long the police record check is valid for the purpose for which it was sought under the CYFSA and the IAA, and how often a check needs to be repeated; and
o The timelines applicable in different circumstances for requesting and providing the police
• Establishing standards for the type of check or records required to be provided, including:
o For the purposes of screening individuals for specified roles and positions (e.g. foster parent, prospective adoptive parent) where the PRCRA does not apply, identifying the specific records to be sought in a check. As these searches are exempt from the PRCRA, they may contain records in addition to those that can be disclosed as part of a check to which the PRCRA applies.
o For the purposes of screening other individuals involved in providing child and youth services (e.g. staff or volunteer at a children's aid society) where the PRCRA does apply, setting out the type of police record check that must be provided (e.g. Vulnerable Sector Check).
The proposed requirements are intended to better support the safety and well-being of vulnerable children and young persons by promoting the appropriate and timely screening of individuals who are or may be placed in a position of trust and authority over a child or young person. Developing consistent screening standards in the child and youth services sector is also intended to help address concerns raised in past Coroner's Inquests into the deaths of vulnerable children about protecting their safety.
In developing the proposed requirements, the following have also been important considerations:
• The individual rights and interests (including privacy and human rights) of persons who will be required to request and provide the results of police record checks; and
• The interests of children and young persons in receiving services that take into account their identity characteristics as well as their cultural and linguistic needs.
The ministry has held some early consultations respecting the potential police record check requirements to inform the development of the regulatory provisions. The ministry heard that increased oversight and transparency are broadly endorsed by sector partners. The intent of this proposal is to solicit feedback from a wider array of sector partners and other interested parties on the proposed requirements.
Analysis of Regulatory Impact:
The proposed regulatory provisions will impact a broad range of sector partners and service providers in the following sectors: child protection, licensed children's residential services, public, private and intercountry adoption, other service providers funded to deliver services under the CYFSA, and transfer payment recipients in the broader public sector.
Direct compliance costs are anticipated related to administrative costs such as learning about the changes, updating policies and procedures to align with new requirements, and reviewing/filing police record checks and other related documents on a regular basis.
March 21, 2022
Comments Due Date:
May 4, 2022
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