Protection of Children Involved in Intercountry Adoptions
Ontario Regulation 310/24, established under the Intercountry Adoption Act of 1998, introduces significant amendments to the existing Ontario Regulation 200/99 concerning police record checks. This regulation aims to improve the protection of children involved in intercountry adoptions by instituting more stringent requirements for individuals working within the adoption framework. The regulation revokes Section 14 of O. Reg. 200/99 and substitutes it with new definitions pertinent to police record checks and the role of adoption practitioners. An “adoption practitioner” is defined as a person responsible for preparing adoption home studies and conducting follow-up visits with prospective adoptive parents.
The amended regulation outlines specific requirements for conducting vulnerable sector checks and broad record checks. A vulnerable sector check must align with the guidelines set forth in the Police Record Checks Reform Act of 2015. Conversely, a broad record check encompasses detailed information about a person’s criminal history, including convictions, outstanding orders, and any interactions with police services. The broad record check must include comprehensive details regarding criminal offences, outstanding charges, and relevant contacts with law enforcement while explicitly stating that information prohibited by Canadian law, such as under the Criminal Code or Criminal Records Act, should not be disclosed. Additionally, individuals in designated roles, such as adoption practitioners and corporate officers, are mandated to provide vulnerable sector checks at specified intervals to ensure ongoing compliance and safety.
The regulation stipulates who must provide police record checks, the timing of these checks, and the frequency with which they must be updated. Individuals aged 18 and older are required to submit their checks to designated recipients, such as adoption practitioners and directors, according to specified timelines. Certain individuals must provide checks at least every three years, while new adopters and those interacting unsupervised with children must comply with additional checks during the adoption home study and subsequent updates.
Ontario Regulation 310/24 also introduces the concept of offence declarations, requiring individuals to provide written accounts of their criminal history when submitting a police record check. This includes listing convictions under the Criminal Code and any outstanding charges. If a person has not received their police record within six months of the request, they must provide an updated declaration.
By tightening the requirements surrounding police record checks and introducing offence declarations, the regulation seeks to improve the integrity of the adoption process, ensuring that individuals involved in the care and custody of children are thoroughly vetted and monitored. This approach aims to foster a more secure environment for children entering the adoption system while addressing the ongoing need for thorough background checks in sensitive caregiving situations.
Ontario (310/24) August 17, 2024