Kelly Raymond - Ontario Association of Children's Aid Societies

The Children’s Aid Society of Ottawa - 2009Background• Child Welfare Transformation Agenda• Bill 210- Increase permanency options for children/youth– Expansion of options for placement by way of moreencompassing definitions of relative, extendedfamily and community.– Under Temporary Care and Custody orders, mustexplore« KIN » prior to taking the child into care.Mitigation of risks through supervision order.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Legal Custody- section 65.2• Permanency planning is acontinous and ongoing process• Where adoption in not an optionfor a Crown ward, the child’sworker explores the possibility ofa Legal Custody dispositionpursuant to Sec. 65.2 of the CFSAStrong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Legal Custody- section 57.1• considered in situationswhere there has been afinding.• Although excluded under57.1, foster parents havebeen given additional rightsunder seperate sections ofthe CFSA.• Sec. 28 of the Children’sLaw Reform Act.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009.. .Least FormalInterventionPermanency PlanningService ContinuumMost FormalInterventionAdmissionPreventionKinshipout ofcareKinship incareCustomaryCareLegalCustodyResourceCareAdoptionYouthExitingCareStrong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Society’s obligation to a Crown ward63.1 Where a child is made a Crown ward, the societyshall make all reasonable efforts to assist the child todevelop a positive, secure and enduring relationshipwithin a family through one of the following:• 1. An adoption.• 2. A custody order under subsection 65.2 (1).• 3. In the case of a child who is an Indian or nativeperson, a plan for customary care as defined in PartX. 2006, c. 5, s. 21.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Statistics for 2008 to March 31, 2009– Total number of custody arrangements 57.1 = 20– Total number of custody arrangements 65.2 = 6Strong Community, Safe Children

The Children’s Aid Society of Ottawa -2009CASO- referral process 65.2• Referral from Case carryingworker• Assigned to Legal custodyworker• Legal custody workercompletes an assessment• Legal custody worker makesrecommendation whether orproposed guardins will meetthe child’s needs on apermanent basis• Where appropriate apermanency agreement isrecommended.• If approved, the legalprocess is started.Foster/Kinship parent(s),child/child’slawyer,biological parents areserved.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009CASO-referral process 57.1• Referral by Case Carrying worker to the Kinship teamfor a Kinship comprehensive assessment• Comprehensive assessment is completed. Legalproceedings commence if assessment is approved.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Once upon a time…65.2• Upon arriving to Canada,Jackson was sent to livewith a distant relative.• Unfortunately thisplacement was no longerviable but his teacheroffered a KIN placementfor him.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Jackson’s story…• Jackson enjoyed sportsespecially soccer.• Given his extraordinarytalent, he was scouted andasked to play for a team inEngland.• His legal status with theSociety as well as multiplecitizenship issues, it lookedlike he would not be able tobenefit from thisopportunity.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Jackson’s story…• Jackson travelled twice toEngland before beingawarded a contract withEverton.• The greatest achievementwas not only the youthobtaining his dream but alsoa permanent family, througha legal order with a kinfamily while maintainingongoing access to extendedfamilyStrong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Once upon a time…57.1• Kennedy-Anne was placed with heraunt and uncle as both her parentsstruggled with addictions issues• There was no court order as both theaunt/uncle worked collaborativelywith the Society• Shortly thereafter, Kennedy-Anne’sfather passes away and her motherdisappears.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Kennedy-Anne’s story…A judge denied that aunt & uncle’s petition for legal custodyfor the following reasons;1. Requested that the child’slawyer be served; nolawyer had been appointed2. Questions how child’s bestinterests are being met?3. Requested proof of therelationship between theparties4. Requested a search for anywill & testament as well asclarification if there wasany property5. Requested the Society’sposition on matter6. Wanted a search of otherfamily membersStrong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Kennedy-Anne’s story…• Case highlights delays inachieving permanency• Financial burden on familieswhen Society is not involved– Cost associated whenapplying through CCLA– Child would beapprehended if returnedto parent’s care. KIN areleft footing the bill.Strong Community, Safe Children

The Children’s Aid Society of Ottawa - 2009Issues and themes to 65.2 & 57.1..• Families having access toaffordable legal support• Under the OntarioPermanency Funding PolicyGuidelines; there areallowances allotted to legalcustody arrangements 65.2.However, there are noamounts identified and whenit is a KIN family onlyintermittent supports areprovided.• Separation of siblings• Permanency for special needschildren• Status quo ie. Workers,foster parents, children• Decision making has to bebased on permanencyStrong Community, Safe Children