What Is Temporary Care and Custody and Can a Child Be Placed With Family in Ontario?
A temporary care agreement is a voluntary arrangement under s. 75 of the Child, Youth and Family Services Act, 2017. Each term is up to six months and can be extended with a Director's written approval to 12 months. The overall limit is 12 months for a child under 6 and 24 months for a child 6 or older. A society can enter one only if no less disruptive course of action, such as care at home, would adequately protect the child.
Any party can end the agreement by written notice, and it ends five days after the other parties actually receive it, or up to 21 days if the agreement sets a longer period. In court, adjournments are limited to 30 days unless the parties consent.
Before placing a child in society care, the court must consider a relative, neighbour or community member, under supervision and with that person's consent. If you are asked to sign a Statement of Agreed Facts (Form 33C) in a child protection case, the Ontario Court of Justice says a parent should get advice from a lawyer first.
Key takeaways
- A temporary care agreement can be entered only if no less disruptive course of action, such as care at home, would adequately protect the child.
- The overall limit is 12 months for a child under 6 and 24 months for a child 6 or older.
- Any party can end the agreement by written notice, and it ends five days after the other parties actually receive it, or up to 21 days if the agreement sets a longer period.
- Before placing a child in society care, the court must consider a relative, neighbour or community member, under supervision and with that person's consent.