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Post by Whistleblower on May 19, 2007 23:07:11 GMT -5
I read up most of the posts, and I have not seen any Grandparent's Rights, I might be mistaken but I think it is important that Grandparents have rights such as seeking custody of their grandchildren. I think there are grandparent's rights somewhere but I don't know if it applies here in Canada though. Intrestingly, CAS has or have been wanting to place the children in Crown Wardship rather than placing the grandchildren with Grandparents. Just like you mentioned 57.1, the new one is when a grandparent would be subjected to home inspection and background checks before that would occur. What happens if the grandparent has a small record such as trespassing as a teenager or something? Would that prevent him to gain custody of said grandchild? Would Grandparent's Rights overweight any small background checks. I am not talking about MAJOR Criminal background, but very small stupid mistakes that grandparents took when they were younger.
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Post by advocate on May 20, 2007 2:22:46 GMT -5
Whistleblower, They wouldn't be able to use anything against the Grandparent's that happened before they were 18 unless it was a very serious crime ie: murder, sex crime etc. There's always the possibility of second or third generation abuse that would prevent custody being given to the grandparents. Cas knows that most grandparents would let their children see there kid's against the CAS wishes. The grandparent following most of there rules would basically be losing their own children.
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Post by REALITY on May 20, 2007 6:55:29 GMT -5
I read up most of the posts, and I have not seen any Grandparent's Rights, I might be mistaken but I think it is important that Grandparents have rights such as seeking custody of their grandchildren. I think there are grandparent's rights somewhere but I don't know if it applies here in Canada though. Intrestingly, CAS has or have been wanting to place the children in Crown Wardship rather than placing the grandchildren with Grandparents. Just like you mentioned 57.1, the new one is when a grandparent would be subjected to home inspection and background checks before that would occur. What happens if the grandparent has a small record such as trespassing as a teenager or something? Would that prevent him to gain custody of said grandchild? Would Grandparent's Rights overweight any small background checks. I am not talking about MAJOR Criminal background, but very small stupid mistakes that grandparents took when they were younger. Currently there is a movement across the country fighting for the rights of Grandparents to access their Grandchildren. The laws on custody and access currently state this. Application for custody or access 21. A parent of a child or any other person may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child. R.S.O. 1990, c. C.12, s. 21. Children's Law Reform Act www.e-laws.gov.on.ca/DBLaws/Statutes/English/90c12_e.htm#BK22Having a criminal record in itself is not a reason to deny custody. What they are looking for are things that may prove the grandparent's (or any other person seeking custody) are not a danger to the child. Things they would deem a possible danger to the child could include things like, assault charges, sex crimes, extensive domestic violence, narcotics, drunk driving...... etc. If you have a "past" and have not had any recent additions to the record, they will review it and make a determination.
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Post by REALITY on May 20, 2007 7:17:38 GMT -5
Whistleblower, They wouldn't be able to use anything against the Grandparent's that happened before they were 18 unless it was a very serious crime ie: murder, sex crime etc. There's always the possibility of second or third generation abuse that would prevent custody being given to the grandparents. Cas knows that most grandparents would let their children see there kid's against the CAS wishes. The grandparent following most of there rules would basically be losing their own children. Once a Grandparent or other party obtains custody of the child, the child is no longer under a protection order and the CAS will close the file. Access and visitation is at the sole discretion of the custodial "parent". (unless the judge rules otherwise, which would be rare) You would only be required to follow CAS direction regarding access and visitation if the child is still under a protection order and placed within a kinship placement. I don't believe that restricting access would put you in a situation of losing your own children. Somewhere, someone has to own up to the fact that there was a problem. Whatever the problem and whoever it belongs to, should not be the problem of the child. The children should ALWAYS come first. Everyone else is old enough to figure out how they got themselves and their children in this situation in the first place. If a parent can not graciously accept the fact that you are saving their child from the foster care system, they have their own interests at heart and not those of their child. This is not an easy situation to be in. You are trying to in effect "parent" two generations. There is also guilt and self doubt in your abilities as a parent, after all, this is your child who has lost their children. (even if it's the only stray one from the pack) For those thinking..... I'll just get my grandparents to take care of my child, either through a kinship placement or custody, then we can do what we want. It's a whole lot more complicated than that. It's a whole lot more involved than that. So much more time must be devoted to the welfare of the child. It's not as easy as raising your own child. So many more factors come into play. There very well could be a power struggle over the child and the way he/she is being raised. You must fully understand the implications of "giving up" your child to someone else. You must be able to step back and let the child have a safe and happy environment, free from dis-function, either by the CAS or the family itself. As a grown parent, you must understand the importance of letting your child be a child. You already had your chance.
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Post by Whistleblower on May 20, 2007 13:28:40 GMT -5
What happens if the Grandparent don't want the grandchild just because he wants to live in retirement and living luxuriously? They stated that they want to live their own Lives free of children and so forth. Wanting to go out and living free.
Where would these Children go to? Does CAS look for other options like Aunts or Uncles?
Was CAS required to search for Relative Placement first before considering them being placed in the Foster Care System? Or do they place the children in foster care first than to do a search looking for Relative Placement?
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Post by right on May 20, 2007 17:45:32 GMT -5
The "cas" very rarely look at the extended family because there is no money to be made placing a blood relative in the care of blood relatives. There was a case once where the sister who was married and had a very important job in the federal justice department and a husband who had a high paying job in the private sector. These two people took all the courses for foster caring and had the letter from the head of the agency stating this is the best interest of the child to go to this blood family. The agency that had the child brought in an expert and the expert under an oath said the sister would not be able to protect the child because she would not abide by a courts order. The sister lived 500 miles away from the brother who was in agreement place the child in her care. The judge went with the expert and the child was adopted to another family. Remember the sister worked for justice canada and her position was to maintain court orders, she was actually involved daily with 30 court orders. So who cares about the child only those who see the money the "cas" money train is more important than any childs best interest.
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Post by REALITY on May 20, 2007 22:40:52 GMT -5
What happens if the Grandparent don't want the grandchild just because he wants to live in retirement and living luxuriously? They stated that they want to live their own Lives free of children and so forth. Wanting to go out and living free. Where would these Children go to? Does CAS look for other options like Aunts or Uncles? Was CAS required to search for Relative Placement first before considering them being placed in the Foster Care System? Or do they place the children in foster care first than to do a search looking for Relative Placement? I can understand completely the need for wanting your own life back again after raising children and finally having the money to do the kind of things you've only thought about for years. On the other hand, these are Grandchildren. They have a right to love and security from their family. Personally I think it's very selfish to put their own wants above their own grandchild's needs. ANYONE, aunts, uncles, brother's, friends, neighbors etc. could request to take custody of the child. CAS does not "go out" and look for people to take the child. Foster care is always the first placement (although they are required to find alternate family placement). Personally I think it's up to the family to step up and let the CAS know they have an interest in the child. The parent should supply this information to the social worker. If it were my children taken under a protection order, I wouldn't want the CAS going about contacting all of my relatives to see if they would take my child. They can't go around and publicize to people, even family, that there is a protection case open. Their job is to protect the child and put them in a "safe environment". The family's job is to get them back home.
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