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Child and Family Services Act , section: 44

Family Law, Apprehension of child under twelve

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).

Consent to examine child

(5) A child protection worker who deals with a child under subsection 42 (3) or 43 (5) as if the child had been taken to a place of safety may authorize the childís medical examination where a parentís consent would otherwise be required. R.S.O. 1990, c. C.11, s. 44 (5).

Place of open temporary detention

(6) Where a person who brings a child to a place of safety under section 41 or 42 believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child may be detained in a place of safety that is a place of open temporary detention as defined in Part IV (Youth Justice). R.S.O. 1990, c. C.11, s. 44 (6); 2006, c. 19, Sched. D, s. 2 (8).

Protection from personal liability

(7) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that personís duty under this section or section 41, 42 or 43 or for an alleged neglect or default in the execution in good faith of that duty. R.S.O. 1990, c. C.11, s. 44 (7).

Comments : 

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