Glossary of Terms
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Child:
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A person under 18 years of age. The Child and Family Services Act stipulates that protection services are to be provided to a child under the age of 16. Care maintenance may be extended to Crown wards to age 21.
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Child in Care:
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A child in need of protection under the Child and Family Services Act and in care under the following legal statuses: Temporary Care Agreement, Special Needs Agreement, Society Wardship Order (temporary ward), Crown Wardship Order (permanent ward), Extended Care and Maintenance, Temporary Order for Care and Custody, Parental Consent to Adopt.
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Temporary Care Agreement:
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The temporary transfer of custody of a child to a Children's Aid Society, for a maximum period of six months. The agreement may be extended for an additional six months.
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Special Needs Agreement:
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Parents having care and custody of a special needs child who are unable to provide the services the child requires may enter into an agreement with a CAS. The CAS may assume care and custody of the child in order to provide the services needed by the child. Sixteen or seventeen year olds who have been abused, abandoned or refused support by their parents may also enter into a Special Needs Agreement. The initial term of the agreement is one year and may be extended for one additional year.
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Parental Consent to Adopt:
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Allows the parents to voluntarily relinquish an infant to a CAS for adoption purposes.
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Supervision Order:
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A child remains in his community (in own home or other arrangements) under the supervision of a CAS. The order may last from three to twelve months. Indefinite extensions are allowed. The child is not considered to be in care.
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Society Wardship Order:
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Places a child in the care and custody of a CAS for up to 12 months. The parent gives up guardianship of the child for the duration of the order.
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Crown Wardship Order:
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Permanently transfers the care, custody and control of a child to a CAS.
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Temporary Order for Care and Custody:
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Court ruling concerning a child's care and custody during court adjournments.
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Extended Care and Maintenance:
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Care and maintenance services for former wards may be extended to age 21.
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Child and Family Services Act
R.S.O. 1990, CHAPTER C.11
Consolidation Period: From October 25, 2010 to the e-Laws currency date.
Differential Response Backgrounder
A more flexible intake and assessment model
Changes in child welfare practice across Ontario are improving the way child welfare agencies serve children and families. Beginning in April 2007, child welfare agencies began to respond to referrals using a more flexible “Differential Response Model”. Differential, alternative or multiple response models have been adopted by more than half of the jurisdictions in the US, parts of Australia, and in British Columbia and Alberta. In Ontario, the child welfare field recognizes the importance of protecting children and putting their best interests first, engaging parents, involving extended family and community networks in protecting children, building on the strengths and motivation of parents to do a better job, and acknowledging the enormous challenges many families face in sustaining healthy lives.
Differential Response is an approach to provide children and families with different “streams” of service based on the type and severity of child maltreatment and the needs of the family. A new set of child protection standards and established aids to decision-making give child protection workers consistent guidelines so that they can more accurately assess what each child and family requires. These standards and aids provide clear guidelines for working with children and families, but also encourage the use of professional judgment and collaboration.
For example, when a community member or professional calls with concerns, child protection professionals will work with that person to gather detailed information about the situation, in order to determine the family’s strengths and supports, and the community services they have already used or may require. If the protection worker determines that the child is not in immediate danger or risk of harm, he/she will be able to assist the family by taking a “customized approach” designed to connect them with community resources sooner and more quickly than in the past.
The revised Ministry standards further support child protection workers to involve families in the planning of the care and service they receive. This empowers families to be active participants throughout their work with the child welfare agency and other community service providers. This type of planning means that extended family, community and other professionals can come together more frequently with the child and his/her family to discuss concerns, and to explore and build upon the strengths of the family. The standards provide direction and suggestions about how these planning meetings will be structured.
In addition to consulting with the family, the standards also emphasize the importance of addressing a child’s cultural and emotional needs as part of planning for the safety of the child. In some cases, the child welfare agency will be able to provide services and financial supports to the family if a child in need of protection is placed with family members as an alternative to admission to foster care.
The new legislation, provincial policy and funding mechanisms show that the MCYS has acknowledged the need for Differential Response and has supported these changes. The Child Protection Standards will guide protection workers in each phase of service delivery, beginning with the initial report of suspected child abuse or neglect and continuing through the process of determining whether a child needs to come into the care of a child welfare agency.
The standards will also guide child protection workers through the investigative phase of service, initial planning, ongoing case management, transfers to other workers, supervision throughout all phases of service, and finally termination/completion of child welfare services.
The new clinical tools are designed to be more effective and efficient. Using these tools will allow protection workers to spend more time with the children and families who need help.
Alternative Dispute Resolution Backgrounder
A strategy to reduce court delays and encourage alternatives to court
Alternative dispute resolution (ADR) is a strategy to streamline court processes and encourage alternatives to the use of court to resolve child welfare issues such as care and custody. It focuses on a strengths based, inclusive and collaborative approach to resolving child protection disputes, and encourages the involvement and support of the family, extended family, and the community, in planning and decision-making for children.
The Child and Family Services Act R.S.O. 1990, CHAPTER C.11 identifies the following occasions where a prescribed method of ADR must be considered and/or may be used:
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If a child is or may be in need of protection, a children’s aid society must consider whether a prescribed method of ADR could assist in resolving any issue related to the child or a plan for the child’s care (section 20.2(1)).
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The court, at any time during a proceeding, and with the consent of the parties, may adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve the issues in dispute (section 51.1).
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On applications to vary or terminate an openness order before or after an adoption, the court may, with the consent of the parties, adjourn the proceeding to permit the parties to utilize a prescribed method of ADR to attempt to resolve any disputes related to the proceeding (sections 145.2(7) and 153.1(10)).
Examples may include but are not limited to the following Alternative Dispute Resolution Mechanisms:
A. Child Protection Mediation
A process where child protection workers and the family (including the child where appropriate) and any other person wishing to participate in a plan for the child, work together with the aid of a trained and impartial child protection mediator who has no decision making power. The mediator assists the participants in reaching an agreement on the issues in dispute, in generating options for resolving their dispute and in developing a mutually acceptable plan that addresses the protection concerns identified.
B. Family Group Conferencing
A process that brings together the family (including the child where appropriate), the child’s extended family and community, child protection workers, and service providers to develop a safety plan that addresses the protection concerns identified. A trained and impartial coordinator, with no decision making power, assists the participants throughout the process. An integral component of family group conferencing is providing the extended family group with an opportunity to meet privately, independently of professionals, to develop this plan. The plan must be approved by the child welfare agency.
C. Aboriginal Approaches
Traditional methods of dispute resolution, including circle processes, have been established by First Nations communities or Aboriginal organizations. Impartial facilitators who have no decision-making power and who are skilled in First Nation traditional methods assist the participants in developing a plan that is supported by the participants and/or the First Nation community and addresses the protection concerns identified.
Permanency Planning Options Backgrounder
Child welfare services are focused on protecting children while enhancing and expanding long-term planning and permanency options for children receiving services from child welfare agencies in Ontario.
Admission Prevention – The initial focus of child welfare work is on ensuring child safety while maintaining the child in the family home whenever possible. Child welfare agencies and social workers provide support to families to prevent the child from coming into care initially; if a child does come into care, agencies and workers continue to provide support so that the family, if possible, can be re-united. This support and assistance for families could include temporary financial assistance for clothing, rent, or transportation, counseling services and connecting families with community services and supports from extended family.
Kinship Service – If a child is unable to remain in his/her immediate family’s care, outreach to extended family/kin is an option which must be considered and explored. These families are assessed in accordance with MCYS provincial foster care standards and regulations. The child is not in the formal care of the child welfare agency, though the agency continues to work with the family. The child is placed with a member of his/her extended family or with a community member known to the child. The goal of kinship service arrangements may be reunification of the child with his or her family and/or a permanent home with an extended family member through legal custody. While child welfare agencies don’t provide ongoing financial support in this situation, the extended family or community member may be eligible for Temporary Care Assistance through Ontario Works, which may include prescription drugs, dental and vision care, back-to-school and winter clothing allowance, and episodic financial support from the child welfare agency.
Kinship Care – When a child must be admitted to the care of a child welfare agency, a spectrum of resources may be considered. Children are placed in family settings wherever possible. Some children are able to be placed in kinship care. Kinship families are assessed and supervised in accordance with MCYS provincial foster care standards and regulations. Child welfare agencies will assess available support from the community and other family members, and provide ongoing financial assistance to support the needs of the child in the extended family’s home until the child returns to the parent(s) or a plan for a long-term or permanent home for the child has been established. Payments will not exceed the regular foster care rate (approximately $900 per month).
Customary Care – Customary Care is part of the continuum of care options for Aboriginal children. Customary Care is a model of Aboriginal child welfare service that is culturally relevant and incorporates the unique traditions and customs of each First Nation. Customary Care is a traditional method of caring for children, premised on the belief that a child is a sacred gift from the Creator and as such is the collective responsibility of the community. Customary Care Agreements are utilized when protection concerns in a family require out-of-home placement. A Customary Care home must comply with all requirements of foster care licensing after 60 days, if that person is willing and able to continue providing a safe place for the child.
Legal Custody – This is an option to provide legal guardianship of a child to a parent, extended family member, community member or resource parents. This option is designed to address the special challenges for families who make a permanent commitment to care for a child, by providing subsidies and supports, which are identified as key factors in achieving the goal of permanency in other jurisdictions and in research. The child welfare agency may provide financial support to help meet the needs of the child and family. Policy guidelines for legal custody agreements will be developed by the Ministry of Children and Youth Services as part of the implementation planning for the change agenda.
Foster Care – The child is in the care of the child welfare agency (temporary care agreement, society wardship or Crown wardship) and placed with a foster family. This placement option is designed for short-term care. Some children have special needs that would require more intensive care, which may include specialized foster homes, group homes, etc. In some situations, foster parents may adopt or become the legal guardians of a child who has been in their home, when such a plan is in the child’s best interest. Strengthening foster care initiatives include improved assessment, training and ongoing support for foster parents and funding flexibility to invest in improved supports to foster homes that provide specialized care such as children’s mental health, respite and educational supports.
Adoption – Adoption provides the child with a family for a lifetime, often called a “forever family”. A child who is adopted has the same status and rights as if he/she were born into the family. The provincial Adoption Strategy is designed to move towards an adoption system with common standards, tools, training and best practices for the public and private sector adoption practitioners. Collaborative practice and service delivery between the public and private adoption sectors is helping to achieve this goal. Initiatives in adoption include: openness agreements; use of mediation; strategies to increase public awareness; a provincial child matching data base (an AdoptOntario service funded by MCYS); a standard homestudy assessment tool (SAFE) and training and retention program (PRIDE) for public, private and international adoptive applicants; clinical supports; and adoption subsidies.
Goals of Permanency Strategy include:
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Improved public awareness of the need for adoptive families
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More adoption placements for children and youth in care
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Permanent placements (“Forever Families”) for all children
Youth Exiting Care – Supporting youth leaving care is a critical element of planning for the future of children and youth. Under the 1994 MCSS (now MCYS) guidelines, youth over age 18 are eligible for extended care and maintenance funding of $663 per month (a figure well below established poverty lines), and emotional support until they reach the age of 21, if they are pursuing post-secondary education. In 2005-06, a committee comprised of youth, child welfare agencies, OACAS and Ministry staff developed policy recommendations to better support youth leaving care. The youth recommendations addressed preparation for independence; eligibility for financial support, and the support of a youth worker following a youth’s exit from care up to age 25; and better attention to the emotional needs of youth. These recommendations were presented to MCYS in April, 2006. These recommendations were also echoed in the 2007 report of the Child Advocate (We Are Your Sons and Daughters). The child welfare field is still waiting for policy direction from the Ministry.
A committee of child welfare agency Finance Managers has also reviewed the current funding mechanisms for youth exiting care and has drafted a report of their recommendations for MCYS with similar findings.
Fostering
Ontario’s Children Aid Societies work very hard to help children remain in their families. However when children cannot remain at home because of serious concerns about their safety and protection, they come into the care of a child welfare agency that makes every effort to give a child a family and a home.
Where possible, the preferred option is to place the child with a member of the immediate or extended family or a member of the community. If that is not possible, foster care may be the best alternative.
Foster care is the first choice because most children's needs are best met in a family environment. Foster parents provide a temporary home for children who are in the care of a Children's Aid Society. Children may need foster care for just a few days, a week, several months or possibly years.
Foster parents work with CAS staff as part of a team to develop a plan for each child in care. The ideal plan is usually to reunite a child with their family. Where this is not possible, the plan may include adoption or long-term foster care. Foster parents provide stability and a caring home that encourages a child's growth and development. While the legal responsibility for the child remains with the agency, foster parents play an important role in the child's daily life.
Who are Foster Children?
Each foster child is unique.
There is no typical foster child.
Children come into care because there is a conflict within the family, because of a parent's illness or incapacity to take care of their child/children.
Some children may come into care because the family cannot provide adequate care or the necessities of life.
Other children may have been neglected, abused or abandoned.
Foster children range in age from infancy to 18 years and come from diverse cultural, religious and family backgrounds.
Many foster children are teenagers; some are brothers and sisters.
Some foster children face physical, emotional and mental challenges.
Each foster child is going through a troubled period in his family life and needs the care offered by foster parents.
Many require not only warmth and acceptance but consistency, structure and guidance.
Who are Foster Parents?
Foster parents come from all walks of life and a diversity of culture, religion and lifestyle. They may bexperienced parents whose family has gr
young couples who become foster parents while raising their own children
older couples
single persons
parents with training in child care or related professions
people with no special background in child caAll have a genuine interest in children and a sense of community responsibility. They enjoy the challenge presented by foster care.
How do I go about becoming a foster parent?
For information about foster care you should speak to someone in the foster care department at your local CAS. Foster care is operated by local CASs. Call your local Children’s Aid Society to find out about the process, evaluation and training required to become a foster par
There is always a need for more foster homes and there are many regional foster recruitment programs across the province. Call your local CAS for more information or find out more about the recruitment program in your area: Homes for Kids (H4K) is a program enabling twelve Children’s Aid Societies to work together to recruit foster parents in communities around the Golden Horseshoe and Winning Kids is a collaborative recruitment and retention program, among twelve child welfare agencies in Eastern Ontario, to encourage people in Eastern Ontario to
Foster Care Links
Fost
Ontario’s Children Aid Societies work very hard to help children remain in their families. However when children cannot remain at home because of serious concerns about their safety and protection, they come into the care of a child welfare agency that makes every effort to give a child a family and a home.
Where possible, the preferred option is to place the child with a member of the immediate or extended family or a member of the community. If that is not possible, foster care may be the best alternative.
Foster care is the first choice because most children's needs are best met in a family environment. Foster parents provide a temporary home for children who are in the care of a Children's Aid Society. Children may need foster care for just a few days, a week, several months or possibly y
Foster parents work with CAS staff as part of a team to develop a plan for each child in care. The ideal plan is usually to reunite a child with their family. Where this is not possible, the plan may include adoption or long-term foster care. Foster parents provide stability and a caring home that encourages a child's growth and development. While the legal responsibility for the child remains with the agency, foster parents play an important role in the child's daily life.
Who are Foster Chi
Each foster child is
There is no typical foster child.
Children come into care because there is a conflict within the family, because of a parent's illness or incapacity to take care of their child/children.
Some children may come into care because the family cannot provide adequate care or the necessities of life.
Other children may have been neglected, abused or abandoned.
Foster children range in age from infancy to 18 years and come from diverse cultural, religious and family backgrounds.
Many foster children are teenagers; some are brothers and sisters.
Some foster children face physical, emotional and mental challenges.
Each foster child is going through a troubled period in his family life and needs the care offered by foster parents.
Many require not only warmth and acceptance but consistency, structure and guidance.
Who are Foster Parents?
Foster parents come from all walks of life and a diversity of culture, religion and lifestyle. Texperienced parents whose family has grown
young couples who become foster parents while raising their own children
older couples
single persons
parents with training in child care or related professions
people with no special background in child care
All have a genuine interest in children and a sense of community responsibility. They enjoy the challenge presented by foster care.
How do I go about becoming a foster parent?
For information about foster care you should speak to someone in the foster care department at your local CAS. Foster care is operated by local CASs. Call your local Children’s Aid Society to find out about the process, evaluation and training required to become a foster parent.
There is always a need for more foster homes and there are many regional foster recruitment programs across the province. Call your local CAS for more information or find out more about the recruitment program in your area: Homes for Kids (H4K) is a program enabling twelve Children’s Aid Societies to work together to recruit foster parents in communities around the Golden Horseshoe and Winning Kids is a collaborative recruitment and retention program, among twelve child welfare agencies in Eastern Ontario, to encourage people in Eastern Ontario to foster.
Foster
