|
Post by Dean Robinson on Dec 19, 2006 15:40:52 GMT -5
I have been hearing all kinds of stuff lately how Grandparents are being striped of there Rights. we all know that relationships have problems and the CAS jumps all over this, I believe that many Grandparents can help in situations like this.
Let us hear what you think
|
|
|
Post by barbiejoe on Dec 19, 2006 16:25:34 GMT -5
Back almost five years ago my mom called the CAS to ask them about seeing my kids the worker said no I won't discuss this with you I am not your worker. My mom was very upset but in the end my Mom won she now sees my kids every other Sunday. So the CAS proved it all depends on the worker you deal with whether or not they have a heart. My whole family has suffered since the CAS "took" my kids. They accused my family of all kinds of stuff without proof and used that as an excuse to keep my kids from my family. Saying my family wasn't fit to be around my kids. My mom has a bad heart and the CAS knew that when they said no to her seeing her grandkids. The CAS has no heart or compassion.
|
|
|
Post by REALITY on Dec 19, 2006 16:54:54 GMT -5
For grandparents who are raising kin children. Call Ontario Works (social services) and ask for an appointment with the intake worker. You are applying for the 'temporary care benefit" which is based on your grandchild's income not your income. You need your custody papers, child's birth certificate, child's OHIP and child's report card. Also take any day care bills. the following may change depending on your area. The allowance is $221.00 per child/month for the first child and $179.00 per child/month for other children in the family unit, two clothing allowances, plus dental and drugs. The National Child Benefit Supplement is deducted from this allowance as per Provincial policy. In addition, in those circumstances where one of the grandparents is deceased, the child may be eligible to receive the Orphan’s benefit under the Canada Pension Plan, and this income could in some circumstances, lead to ineligibility for the Temporary Care Allowance and associated medical coverage. You should also get a $750.00 'start up' allowance from OW to buy the things you will need to take the children in. Also they will pay up to 80% of a licensed daycare but if the child is of school age then they still can get part time daycare paid for. Child care pursuant to the Day Nurseries Act as well as recreation opportunities through Can We Help. Eligibility for supports is determined through a financial needs test consistent with the legislation and related guidelines. In addition, for parents with children deemed to have special needs, who have income and assets in excess of the guidelines, they may still utilize these services if they pay 20% of the program fees. Generally, grandparents have assets in excess of the financial needs test guidelines and are ineligible for supports where this is a pre-requisite. Alberta: www.child.gov.ab.ca/whatwedo/childfinance/page.cfm?pg=index
|
|
|
Post by REALITY on Dec 19, 2006 16:56:58 GMT -5
Issue: Kinship care
Often the circumstances leading to the consideration of kinship care are related to the inability or unwillingness of the natural parents to care for these children.
The grandparents receive an allowance (if they apply for it) for the child care, but the amount is very inadequate.
Under current legislation, agencies cannot assist unless the child is in need of protection. There are many situations where care by a family member would be the most appropriate plan (called custodial care). The Ministry will not recognize this type of care at the present time, citing legal and philosophical issues.
A Toronto Star article (Oct. 23/02) cites almost 20,000 grandchildren living with grandparents in Ontario.
Definition of Terms
(proposed by the Simcoe CAS Kinship Care Committee):
Includes parents, siblings, relatives, and persons beyond blood ties including godparents, tribe or clan members and best friends - some one who is important to the child. [Relatives Raising Children. An Overview of Kinship Care]
Kinship Care: “The full time nurturing and protection of children who must be separated from their parents by relatives, members of their tribe or clans, godparents, stepparents or other adults who have a kinship bond with a child" [CWLA 1994: 2]
Formal Kinship Care: Formal kinship care occurs where the child has "in care status" with the Society through Temporary Care by Agreement or by court order and is placed by the Society with kin. Also known as "kinship foster care" in some U.S. studies.
Informal Kinship Care: Informal kinship care occurs where the child is being cared for by kin but does not have "in care status" with the Society. The Society may be involved in a supportive role.
In Illinois: Foster Guardianship in Illinois is a form of subsidized guardianship available to any non-parental caregiver, who permits a permanent commitment to the child outside the child welfare system and without the requirement of adoption.
Financial Assistance
Question: is the financial support available to grandparent (and other kinship) insufficient?
Under Ontario Works, any non-parental caregiver is entitled to approximately $200 per month for one child (and $174 for each additional child) and this payment is available as long as necessary to the caregiver. Such payment, however, compares with the minimum foster care rate for one child at $750 per month. In Illinois, as reported by Margaret Philp in the Toronto Star series, foster guardians (usually grandparents or former foster parents of particular children) receive subsidies from the state of approximately $1000 per month per child and more based on the special needs of the child.
Question: Should financial support to kin be the responsibility of CASs where there are protection concerns?
If the child is already in care, or is found to be in need of protection, a kinship care arrangement might be assisted by way of the foster care system and the 'provisional foster home' concept. In such cases, the family can be approved as a home for a particular child and would then receive all the financial and other support offered to foster parents.
Question: Should financial support to kin be the responsibility of CASs where there are no protection concerns?
The involvement of kin as alternative caregivers could prevent the need for children to come into foster care. Grandparents caring for children frequently manage a situation which would otherwise require prevention intervention; CASs can act to support these families and to assist them as fully as possible, in much the way foster parents are supported.
However, some CASs have raised the concern that if any caregiver were made eligible to automatically receive foster care levels of financial support, the system would be open to significant abuse.
Examples of Kinship care projects
~ Toronto CAS - has proposed that CAS could "top-up" the funds provided by Ontario Works to bring kinship subsidies up to the level of foster care payments, seeking to test the assumption that overall this would be cheaper than having the child enter the foster care system. Social work support would be offered in a manner similar to that of Adoption Probation, that is, based upon the family's request for service. This project has not received funding and remains on hold while awaiting funding for an out-of-care kinship care project, is proceeding with its in-care efforts to involve kin. The significant change to its normal approach will be that kin will be actively and aggressively sought to provide care for related children. While this project will likely cost the same as foster care, it is expected that outcomes for children will be more positive. At the same time, pressure on the foster care system will be reduced.
~ Simcoe CAS - is piloting a project in which informal kinship care is sought for children who are NOT in care. The CAS will negotiate with the caregiver and the parent to provide particular needs identified by the kinship caregiver. Assistance, for example, might be provided for daycare, a bed, a washer, or a winter coat. Toronto CAS indicates that this level and model of intervention is already in place for its appropriate families.
~ Calgary Rocky View in Alberta has a kinship care program for in-care children only. Kin are actively sought even at the Intake level. Families receive a per diem and social work support similar to foster families. Alberta reports that the cost of children in kinship care is NOT lowered, but outcomes for children are improved and foster care resources are less strained. Rocky View has moved at least 60 children from foster care into kinship care since 1998.
~ Illinois kinship care program has moved a significant number of children out of foster care into kinship care homes. Illinois automatically provides subsidies to kinship families, geared to the needs of the child. Cases, which were open for foster care, are able to close now though the subsidies continue for the duration of childhood.
Why Kinship Care?
CASs and their American counterparts seem willing to consider kinship care beyond their regular practices for several reasons:
~ Cost saving. Some hope that assisting families with unusual expenses will allow the kin family to care for the child without the full cost of foster care. Illinois, for example, has been able to remove children from foster care by placing them with kin and providing subsidies. It is presumed that many grandparents and other kin are prevented from offering to care for their related children for financial reasons alone.
~ Outcomes for children. Outcomes have been studied and continue to need further study, but preliminary outcomes indicate that kinship care homes reduce the number of moves for children, are less traumatic for children, permit continuity of care within or close to the family. Kinship families are less likely to adopt children and may experience other difficulties. For example, grandparents may feel conflicted loyalties to both their own children and their grandchildren and elderly grandparents may be significantly challenged to meet the needs of adolescents.
~ Foster care system declining. Many agencies report that they lack foster homes both in number and in ability to match the needs of the children entering care. Placements, which are mismatched, result in more breakdowns and hence additional moves for children. Children who should be served in families (foster care) are too often removed and placed in much more costly group home settings or distant communities based on the unavailability of local homes. Some child welfare officials find that the provision of foster care has itself produced poor outcomes for children who are seen as needing to belong to their own family, if only through their extended family. If financial impediments to-kin were removed, it is possible that more caregivers, who are well suited to the particular needs of their related child, would be available to care for children now in foster care. Calgary Rocky View has since 1998 placed 60 children in kinship care and hopes that number will rise to 80 in the next l year.
|
|
|
Post by REALITY on Dec 19, 2006 17:52:35 GMT -5
Use the Courts as a Last Resort
Bonnie Buxton Bonnie Buxton is a freelance writer and editor who lives in Toronto
The boys at play.If you're concerned that you might lose access to your grandchildren, get to work immediately. There are many steps you can take without setting foot in a courtroom, according to lawyer Allan Cooper and organizers of support groups for grandparents:
* The old adage "An ounce of prevention is worth a pound of cure" is particularly apt here. While your relationship is good with your child and his or her spouse, continue to build on it. Don't give unwanted advice -- give advice only if it's asked for.
* If separation or divorce is involved, don't take sides, and don't criticize the parents, especially in front of the children.
* If you have any inkling that things may be going wrong, contact one of the many support groups in Canada (see accompanying box).
* If there has been an estrangement, or if you are seeking custody, keep a private journal. This document will be extremely important in the event of a court case or mediation, and will also save you time and money. Keep a record of telephone calls, visits, and what was said and done. Don't be vindictive -- but record the fact that someone was on drugs or alcohol. Number the pages and write on one side only. Most courts will now accept such a journal.
* Try to rebuild relationships with the estranged parent. Nancy Wooldridge, coordinator of the B.C. Grandparents Rights Association, suggests that you apologize -- even if you feel you weren't in the wrong. Write a letter along these lines: "If I've done something to offend you, please let me know what it is, and I'll try to correct it." You might also want to add things like, "The children must miss me as much as I miss them...if you would like a break, I could look after them for a weekend." Before sending any letter, read it to the coordinator of your support group to ensure you have not written anything that could be damaging in court.
* If your letters regarding access don't work, you may want to hire a lawyer. If you can't afford a lawyer, inquire about Legal Aid. Allan Cooper suggests you instruct your lawyer to take a soft approach. Ask him or her to designate a neutral, trained psychologist or child care worker who is willing to hear all sides. Try to avoid a psychological assessment, which can be "rather formal and costly."
* If you can prove that your grandchild is being abused or neglected, consider seeking custody. (Under the law, you must report any abuse to the authorities.) Check with your provincial attorney general's office about the procedure; custody application may not cost you a cent.
* If attempts at mediating access fail, you will have to choose between a court battle and biding your time until the children get older and can decide for themselves. Cooper says that while you're waiting, you can continue to do things for your grandchild -- "try to send a gift or card, call the child on his birthday, set up a small trust fund." Protect yourself from bad-mouthing by the parent; don't get embroiled in arguments.
* Work with your support group to lobby for change. Reform Party's Daphne Jennings says that even if her bill proposing changes to the Divorce Act is referred to committee, that's a positive step. "Write to your MPs and let them know you expect to see some changes. Don't give up...it's an important issue that's not going to go away."
|
|
|
Post by REALITY on Dec 19, 2006 19:35:40 GMT -5
Foster parents get better treatment than Grandparents First Nations grandparents increasingly taking charge of grandchildren MICHELLE MCQUIGGE
TORONTO (CP) - In February 2005, Elizabeth sent her husband out to cruise Ottawa's downtown streets in search of her five-year-old granddaughter.
She had just received word that Sharon was in the care of her drug-addicted mother, in direct violation of orders from the Children's Aid Society.
Hours later, Elizabeth's husband found Sharon at a Salvation Army shelter and opened a new chapter in the Inuk girl's life.
Sharon became one of thousands of First Nations children to permanently fall under the care of grandparents who had previously thought their child-rearing days were behind them.
"I had thought all this was in my past," said Elizabeth, a 70-year-old mother of three. "I never expected to have to do this again."
The real names of the grandmother and granddaughter are not being used to shield the child from publicity.
Elizabeth's situation is far from unique, according to research conducted at the University of Toronto.
One study states the number of Canadian grandparents raising children under the age of 18 jumped 20 per cent between 1991 and 2001.
While the trend is evident across all ethnic groups, research shows that Canada's First Nations population is most affected by the trend.
Esme Fuller-Thompson, an associate professor of social work at the University of Toronto, said 17 per cent of all caregiving grandparents are of First Nations origin.
"This was easily more than five times the numbers you'd expect to find given the population," she said.
While Fuller-Thompson said it's difficult to pinpoint why aboriginals are so over-represented in the study, she said cultural beliefs and history play a key role.
"There's certainly a strong sense that the First Nations population is very committed to passing on their cultural heritage," she said, adding that residential school experiences strengthened the desire to preserve aboriginal values.
Fuller-Thompson also cited the long-held tradition of deferring to elders for wisdom and guidance, saying that grandparents have historically cared for younger children while their parents tried to support the family.
Today, however, Fuller-Thompson and other researchers are finding children are usually driven into their grandparents' homes when their parents succumb to substance abuse.
Elizabeth said Sharon's mother, who grew up in an Inuit community, began using drugs when the child was only six months old.
Sharon lived with her father but frequently spent weekends with her grandparents when her dad did not want to watch over her.
By the age of five, Sharon had become the subject of two separate investigations by the Children's Aid Society after both her kindergarten teacher and staff at her school began to suspect abuse.
Elizabeth herself became concerned about the way Sharon's father was raising his only child, eventually growing to fear his violent temper, and finally deciding to report her own son to the Children's Aid Society.
"I knew if he came to the door, I wouldn't be able to let him in because of fear, which is very painful," she said.
Sharon has not seen either of her parents since last year, and among the many struggles Elizabeth now copes with is the emotional strain of watching her granddaughter mourn parents who have abandoned her.
"She would cry, and almost sort of wail ... for her mother and father," she said.
"She would usually go hide somewhere, and you couldn't approach her. ... It was really, really heartbreaking to hear her and know there was nothing you could do."
Another of Elizabeth's major challenges is coming up with enough money to raise a child.
The Ontario government provides caregiving grandparents with $221 a month plus two $50 handouts with which to buy school supplies and winter clothes.
In contrast, foster parents receive $50 a day to raise their children.
While research shows most provinces have begun to endorse kinship care, only British Columbia offers equal financial support for grandparents and foster parents.
Some provinces, such as Ontario and Alberta, are revisiting their kinship care policies and may provide additional support to struggling grandparents.
"We recognize that in many cases, the best option for the child may be to be placed with an extended family member like a grandparent, but we also realize that those options need to be viable," said Chris Carson, a spokesman from the Ontario Ministry of Children's Services.
"We have policy work underway to make sure that we provide the support that grandparents need to make those options as viable as possible."
While Elizabeth would welcome financial relief, she said the emotional toll that comes with raising Sharon is her most demanding problem.
She starts many days in tears, fearing she is no longer up to the challenge of raising a child with serious behavioural issues, and laments the loss of quality time with her husband, children, and other grandchildren.
She fears that at age 70, her good health may give out at any time, leaving her incapable of raising a girl who needs love and stability above all else.
And she lives in dread of the day when her granddaughter will be able to fully understand the degree to which her parents rejected her.
Personal Note:
The Ontario government provides caregiving grandparents with $221 a month plus two $50 handouts with which to buy school supplies and winter clothes.
In contrast, foster parents receive $50 a day to raise their children.
$1,500 a month compared to $271 a month. What is wrong with this picture?
|
|
|
Post by Mary on Dec 19, 2006 19:56:16 GMT -5
well I think it's about time to ask them why can grandparents survive on that amount but foster parents need more..none of it makes sence, wow if they just gave all the money to family that is spent on fostercare I bet they would have the problems they have now, sure there will always be the exception but surely they can't explain the numbers in recent years I would love to find out how much money they spend in court and foster care of my kids while fighting them and on top off that my loosing my 32,000 job..we are 100% worse off now than when this first started
|
|
|
Post by REALITY on Dec 19, 2006 20:21:12 GMT -5
stats canada. grandchildren living with grandparents without their parents. sorry... the link is so long you will have to cut and paste. www12.statcan.ca/english/census01/products/standard/themes/RetrieveProductTable.cfmTemporal= 2001&PID=62722&APATH=3&GID=355313& METH=1&PTYPE=55496&THEME=39&FOCUS =0&AID=0&PLACENAME=0&PROVINCE=0& SEARCH=0&GC=0&GK =0&VID=0&FL=0&RL=0&FREE=0 DEAN... can you do something about this link? it's too wide
|
|
|
Post by REALITY on Dec 19, 2006 20:31:37 GMT -5
Currently, while children are in CAS care, CAS pays for the foster home and all related expenses. If they are moved to a family's home for care the CAS will only pay the family $63 per month per child, no expenses. PLUS... you can't even get the child tax credit while the child is still under a protection order. You cannot claim the tax credit until the CAS has closed the file and you have full custody or guardianship.
|
|
|
Post by REALITY on Dec 19, 2006 20:44:32 GMT -5
Are you a family member trying to get information about a child who has been apprehended by CAS? You probably have found that you are not getting any. Why? It's all about privacy and disclosure laws. What can you do about it? If you have a good relationship with the parent/s of the child, ask them to sign consent of disclosure for the child. You can get full disclosure or just information pertaining to the child. It is a very easy thing to do and they have to accept it. If you would like a form for consent for disclosure with the CAS, please email me with the name of the CAS agency involved and I will make one for you. It needs to be signed by both the parent/s and the person seeking disclosure. You need to confront them every single day!! Think of lots of questions you want answers to and don't ask them all at once. Call them and ask a question everyday!!
|
|
|
Post by REALITY on Jan 7, 2007 9:09:52 GMT -5
LAWYERS SHOULD NEVER ASK A MEXICAN GRANDMA A QUESTION IF THEY AREN'T PREPARED FOR THE ANSWER.
IN A TRIAL, IN A SMALL TOWN in TEXAS , A PROSECUTING ATTORNEY CALLED HIS FIRST WITNESS, A MEXICAN GRANDMOTHER, AN ELDERLY WOMAN TO THE STAND.
HE APPROACHED HER AND ASKED, MRS SANCHEZ,"DO YOU KNOW ME?"
SHE RESPONDED, "SI, I KNOW YOU MR. WILLIAMS."
I KNOWN YOU SINCE YOU WERE A CHAVALITO AND FRANKLY YOU'VE BEEN A BIG DISAPPOINTMENT TO ME.
YOU LIE, YOU CHEAT ON YOUR WIFE, AND YOU MANIPULATE PEOPLE. AND YOU THINK YOU'RE A BIG SHOT WHEN YOU AREN'T NADA. YES I KNOW YOU PENDEJO.â€
THE LAWYER WAS STUNNED. NOT KNOWING WHAT ELSE TO DO, HE POINTED ACROSS THE ROOM AND ASKED, MRS. SANCHEZ, DO YOU KNOW THE DEFENSE ATTORNEY?
AGAIN SHE REPLIED, "CLARO QUE SI. I'VE KNOWN MR. RODRIGUEZ SINCE HE WAS A CHAVALITO TOO. HE'S LAZY, PUTO, AND HE HAS A DRINKING PROBLEM.
HE CAN'T HAVE A NORMAL RELATIONSHIP WITH NOBODY AND HE IS THE WORST LAWYER IN THE STATE.
HA! AND NOT TO MENTION HE CHEATED ON HIS WIFE WITH THREE DIFFERENT PUTAS. ONE OF THEM WAS YOUR WIFE. YOU MEMBER?
I KNOW MR. RODRIGUEZ, HIS MAMA IS NOT PROUD OF HIM TAMBIEN." THE DEFENSE ATTORNEY ALMOST DIED.
THE JUDGE ASKED BOTH COUNSELORS TO APPROACH THE BENCH AND IN A VERY QUIET VOICE SAID,
"IF EITHER OF YOU IDIOTS ASK HER IF SHE KNOWS ME,
I"LL SEND YOU TO THE ELECTRIC CHAIR."
|
|
|
Post by Dean Robinson on Jan 8, 2007 11:59:46 GMT -5
lol Im still giggleing thinking about this. Thanks for giving me a smile Also Ill be thinking of you while your in court this week RighT?
|
|
|
Post by REALITY on Jan 15, 2007 21:53:02 GMT -5
I would like to take some time to explain the new changes to the child and family services act, particularly sections 57. and 57.1 as it applies to Grandparents or other persons seeking an interest in custody or placement of children apprehended by the CAS, and the application for protection order is still before the courts. This is my personal understanding of the law as it applied to me in gaining custody of my grandsons.
This is not legal advice.
Order where child in need of protection
57. (1) Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders or an order under section 57.1, in the child’s best interests:
Supervision order
1. That the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months.
Society wardship
2. That the child be made a ward of the society and be placed in its care and custody for a specified period not exceeding twelve months.
Crown wardship
3. That the child be made a ward of the Crown, until the wardship is terminated under section 65.2 or expires under subsection 71 (1), and be placed in the care of the society.
Consecutive orders of society wardship and supervision
4. That the child be made a ward of the society under paragraph 2 for a specified period and then be returned to a parent or another person under paragraph 1, for a period or periods not exceeding an aggregate of twelve months. R.S.O. 1990, c. C.11, s. 57 (1); 2006, c. 5, s. 13 (1-3).
Court to inquire
(2) In determining which order to make under subsection (1) or section 57.1, the court shall ask the parties what efforts the society or another agency or person has made to assist the child before intervention under this Part. 2006, c. 5, s. 13 (4).
Less disruptive alternatives preferred
(3) The court shall not make an order removing the child from the care of the person who had charge of him or her immediately before intervention under this Part unless the court is satisfied that alternatives that are less disruptive to the child, including non-residential services and the assistance referred to in subsection (2), would be inadequate to protect the child. 1999, c. 2, s. 15 (1).
Community placement to be considered
(4) Where the court decides that it is necessary to remove the child from the care of the person who had charge of him or her immediately before intervention under this Part, the court shall, before making an order for society or Crown wardship under paragraph 2 or 3 of subsection (1), consider whether it is possible to place the child with a relative, neighbor or other member of the child’s community or extended family under paragraph 1 of subsection (1) with the consent of the relative or other person. R.S.O. 1990, c. C.11, s. 57 (4).
Idem: where child an Indian or a native person
(5) Where the child referred to in subsection (4) is an Indian or a native person, unless there is a substantial reason for placing the child elsewhere, the court shall place the child with,
(a) a member of the child’s extended family;
(b) a member of the child’s band or native community; or
(c) another Indian or native family. R.S.O. 1990, c. C.11, s. 57 (5).
(6) Repealed: 1999, c. 2, s. 15 (2).
Idem
(7) When the court has dispensed with notice to a person under subsection 39 (7), the court shall not make an order for Crown wardship under paragraph 3 of subsection (1), or an order for society wardship under paragraph 2 of subsection (1) for a period exceeding thirty days, until a further hearing under subsection 47 (1) has been held upon notice to that person. R.S.O. 1990, c. C.11, s. 57 (7).
Terms and conditions of supervision order
(8) If the court makes a supervision order under paragraph 1 of subsection (1), the court may impose,
(a) reasonable terms and conditions relating to the child’s care and supervision;
(b) reasonable terms and conditions on,
(i) the child’s parent,
(ii) the person who will have care and custody of the child under the order,
(iii) the child, and
(iv) any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child; and
(c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services. 2006, c. 5, s. 13 (5).
Where no court order necessary
(9) Where the court finds that a child is in need of protection but is not satisfied that a court order is necessary to protect the child in the future, the court shall order that the child remain with or be returned to the person who had charge of the child immediately before intervention under this Part. R.S.O. 1990, c. C.11, s. 57 (9).
Note: Despite the proclamation of the Statutes of Ontario, 1999, chapter 2, section 15, section 57 of this Act, as it read before March 31, 2000, continues to apply with respect to any proceeding under Part III, including a status review proceeding, that was commenced before March 31, 2000. See: 1999, c. 2, ss. 37 (5), 38.
Custody order
57.1 (1) Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 57 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons. 2006, c. 5, s. 14. Deemed to be order under Children’s Law Reform Act
(2) An order made under subsection (1) and any access order under section 58 that is made at the same time as the order under subsection (1) shall be deemed to be made under section 28 of the Children’s Law Reform Act and the court,
(a) may make any order under subsection (1) that the court may make under section 28 of that Act; and
(b) may give any directions that it may give under section 34 of that Act. 2006, c. 5, s. 14.
Order restraining harassment
(3) When making an order under subsection (1), the court may, without a separate application under section 35 of the Children’s Law Reform Act,
(a) make an order restraining any person from molesting, annoying or harassing the child or a person to whom custody of the child has been granted; and
(b) require the person against whom the order is made to enter into such recognizance or post such bond as the court considers appropriate. 2006, c. 5, s. 14.
Same
(4) An order under subsection (3) is deemed to be a final order made under section 35 of the Children’s Law Reform Act and may be enforced, varied or terminated only in accordance with that Act. 2006, c. 5, s. 14.
Appeal under s. 69
(5) Despite subsections (2) and (4), an order under subsection (1) or (3) and any access order under section 58 that is made at the same time as an order under subsection (1) are orders under this Part for the purposes of appealing from the orders under section 69. 2006, c. 5, s. 14.
Conflict of laws
(6) No order shall be made under this section if,
(a) an order granting custody of the child has been made under the Divorce Act (Canada); or
(b) in the case of an order that would be made by the Ontario Court of Justice, the order would conflict with an order made by a superior court. 2006, c. 5, s. 14.
Application of s. 57 (3)
(7) Subsection 57 (3) applies for the purposes of this section. 2006, c. 5, s. 14.
Effect of custody proceedings
57.2 If, under this Part, a proceeding is commenced or an order for the care, custody or supervision of a child is made, any proceeding respecting custody of or access to the same child under the Children’s Law Reform Act is stayed except by leave of the court in the proceeding under that Act. 2006, c. 5, s. 15.
Section 57. (1) The CAS had brought forward an application for child protection. The court has options on how to proceed with placement. These options are supposed to be in the best interests of the child. The first apprehension usually receives a 6 month placement with a foster home with or without supervised visitation. This is the time that is most crucial. As soon as you know of a child being apprehended by the CAS, and your intention is to take this child in, you must contact the CAS as soon as possible. If you have contact with the parents, make your intentions known to them and have those intentions made available to their lawyer. Ideally you should seek the help of a lawyer.
The new law, section 57.1
57.1 (1) Subject to subsection (6), if a court finds that an order under this section instead of an order under subsection 57 (1) would be in a child’s best interests, the court may make an order granting custody of the child to one or more persons, other than a foster parent of the child, with the consent of the person or persons. 2006, c. 5, s. 14. Deemed to be order under Children’s Law Reform Act
Basically this says that a judge has to look at alternate placement or custody. Your intentions on custody or placement need to be addressed subject to section 57.1 If the judge finds it to be in a better interest of the child to be placed with you other options in section 57. (1) eg: foster home, then the judge has to grand an order in favor of those seeking custody or placement, subject to current ministry guidelines on eligibility. You would be required to have a police background check. It takes up to 6 weeks but usually can be sped up when it's a CAS screen. My cost was $15. You would be required to have a home inspection done. This can be done by the local CAS in your area. ( I know this process is humiliating, and you may feel defensive and judged, but keep one basic thought in mind.... this is what's best for the children)You would be required to have a plan of care. Here are some basic questions the CAS asked on their plan of care forms. Not all are relevant as you are not the parent who usually fills out the forms. I treated as a resume by applying for the full time job of being Grandma.
-where will I live? -who if anyone, will live with you? -where will the children live? -what school or daycare will the children attend? -what days and hours will the children attend school or daycare? -are you enrolled in school or counseling? -if you are enrolled in counseling, where do you attend? -what support services will you be using for the children? -do you have support from your family? -if you have support from your family, who will help you and how --will they help you? -what will the children's activities be? -what will your source of income be? -do you go to work or school? -if you go to work or school, what are the details, including the days and hours you work or go to school, and who will look after the children while you are there? -state why you feel this plan would be in the children's best interests.
If you have any questions please email me and I will try to answer them for you.
|
|
|
Post by REALITY on Jan 15, 2007 21:59:29 GMT -5
The same laws apply for crownwards. A status review must be before the courts the make this applicable. The following is the appropriate sections of the child and family services act.
Status review, Crown ward and former Crown wards
65.1 (1) This section applies where a child is a Crown ward or is the subject of an order for society supervision under clause 65.2 (1) (a) or a custody order under clause 65.2 (1) (b). 2006, c. 5, s. 24.
Society to seek status review
(2) The society that has or had care, custody or supervision of the child,
(a) may apply to the court at any time, subject to subsection (9), for a review of the child’s status;
(b) shall apply to the court for a review of the child’s status before the order expires if the order is for society supervision, unless the expiry is by reason of subsection 71 (1); and
(c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child,
(i) from the care of a person with whom the child was placed under an order for society supervision described in clause 65.2 (1) (a), or
(ii) from the custody of a person who had custody of the child under a custody order described in clause 65.2 (1) (b). 2006, c. 5, s. 24.
Application of cl. (2) (a) and (c)
(3) Clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district,
(a) in which the parent or other person with whom the child is placed resides, if the child is the subject of an order for society supervision under clause 65.2 (1) (a); or
(b) in which the person who has custody resides, if the child is the subject of a custody order under clause 65.2 (1) (b). 2006, c. 5, s. 24.
Others may seek status review
(4) An application for review of a child’s status under this section may be made on notice to the society by,
(a) the child, if the child is at least 12 years of age;
(b) a parent of the child;
(c) the person with whom the child was placed under an order for society supervision described in 65.2 (1) (a);
(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b);
(e) a foster parent, if the child has lived continuously with the foster parent for at least two years immediately before the application; or
(f) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 24. When leave to apply required
(5) Despite clause (4) (b), a parent of a child shall not make an application under subsection (4) without leave of the court if the child has, immediately before the application, received continuous care for at least two years from the same foster parent or from the same person under a custody order. 2006, c. 5, s. 24.
Notice
(6) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to,
(a) the child, except as otherwise provided under subsection 39 (4) or (5);
(b) the child’s parent, if the child is under 16 years of age;
(c) the person with whom the child was placed, if the child is subject to an order for society supervision described in clause 65.2 (1) (a);
(d) the person to whom custody of the child was granted, if the child is subject to an order for custody described in clause 65.2 (1) (b);
(e) any foster parent who has cared for the child continuously during the six months immediately before the application; and
(f) a representative chosen by the child’s band or native community, if the child is an Indian or native person. 2006, c. 5, s. 24.
Six-month period
(7) No application shall be made under subsection (4) within six months after the latest of,
(a) the day the order was made under subsection 57 (1) or 65.2 (1), whichever is applicable;
(b) the day the last application by a person under subsection (4) was disposed of; or
(c) the day any appeal from an order referred to in clause (a) or a disposition referred to in clause (b) was finally disposed of or abandoned. 2006, c. 5, s. 24.
Exception
(8) Subsection (7) does not apply if,
(a) the child is the subject of,
(i) an order for society supervision described in clause 65.2 (1) (a),
(ii) an order for custody described in clause 65.2 (1) (b), or
(iii) an order for Crown wardship under subsection 57 (1) or clause 65.2 (1) (c) and an order for access under section 58; and
(b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out. 2006, c. 5, s. 24.
No review if child placed for adoption
(9) No person or society shall make an application under this section with respect to a Crown ward who has been placed in a person’s home by the society or by a Director for the purposes of adoption under Part VII, if the Crown ward still resides in the person’s home. 2006, c. 5, s. 24.
Interim care and custody
(10) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody. 2006, c. 5, s. 24.
Court order
65.2 (1) If an application for review of a child’s status is made under section 65.1, the court may, in the child’s best interests,
(a) order that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months;
(b) order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons; (c) order that the child be made a ward of the Crown until wardship is terminated under this section or expires under subsection 71 (1); or
(d) terminate or vary any order made under section 57 or this section. 2006, c. 5, s. 24.
|
|
|
Post by Dean Robinson on Jan 15, 2007 22:11:08 GMT -5
excellent post and great information thank you so much
|
|