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Child and Family Services Act , section: 41
Family Law, Warrant to apprehend child in care
A justice of the peace may issue a warrant authorizing a peace officer or child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or child protection worker’s sworn information that,
(a) the 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 are reasonable and probable grounds to believe that there is no course of action available other than bringing the child to a place of safety that would adequately protect the child. R.S.O. 1990, c. C.11, s. 41 (1).
(2) A justice of the peace shall not refuse to issue a warrant to a person under subsection (1) by reason only that the person may bring the child to a place of safety under subsection (4). R.S.O. 1990, c. C.11, s. 41 (2).
No need to specify premises
(3) It is not necessary in a warrant under subsection (1) to specify the premises where the child is located. R.S.O. 1990, c. C.11, s. 41 (3).
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).
(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).
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