- Ontario's current law no longer uses the terms society wardship or Crown wardship; the orders are now interim society care and extended society care.
- A supervision order places the child with a parent or another person under society supervision for at least three months and no more than 12 months.
- The court must not remove a child unless less disruptive alternatives would be inadequate.
When a child protection case reaches its final stage, the court decides what happens to your child long term. The words people use for the possible outcomes, such as supervision, society wardship and Crown wardship, are confusing, and some of them are no longer in the law.
This article compares the main final orders under Ontario's Child, Youth and Family Services Act, 2017 (CYFSA). It explains the general rules only, and a lawyer can tell you how they apply to your family.
Old terms and current terms
The CYFSA replaced the older Child and Family Services Act and no longer uses the phrases society wardship or Crown wardship. The orders today are interim society care and extended society care. Extended society care is the current equivalent of what used to be called Crown wardship. Interim society care is an order placing the child in society care for a specified period of no more than 12 months.
You will still hear the old words from friends, in older articles and sometimes in conversation, so it helps to know how they map onto today's orders.
Supervision order: the child stays in a family home
A supervision order places the child in the care and custody of a parent or another person, under society supervision, for at least three months and no more than 12 months.
The law leans toward this kind of outcome where it is workable. The court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate. Before ordering removal, it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order.
Interim and extended society care
With interim society care, the child is placed in society care for a specified period of no more than 12 months. The court can also make consecutive orders, such as a period of interim society care followed by supervision, together not exceeding 12 months.
Extended society care places the child in society care until the order is terminated under s. 116 or expires under s. 123.
| Order | What it means | Length |
|---|---|---|
| Supervision order | Child placed with a parent or another person under society supervision | At least 3 months, no more than 12 months |
| Interim society care | Child placed in society care for a specified period | No more than 12 months |
| Extended society care (formerly Crown wardship) | Child placed in extended society care | Until terminated under s. 116 or expired under s. 123 |
There are time limits on how long a child can be in society care under interim orders. The court may not make an interim society care order that results in more than 12 months in care if the child is younger than 6, or 24 months if the child is 6 or older, and earlier periods in care count toward the limit. The court may extend the limit by up to six months if that is in the child's best interests.
Other routes and special rules
- Custody to a relative: instead of a s. 101 order, the court may grant custody to one or more persons, such as a grandparent, if that better serves the child's best interests and the person consents. Custody cannot be granted under that section to a foster parent, though on a status review the court may grant custody to a person, including a foster parent, with consent.
- First Nations, Inuk and Métis children: unless there is a substantial reason to place the child elsewhere, the court must place the child with extended family if possible, and otherwise with another family from the child's community.
- Access: when a child is removed from the person who had charge of them, the court must order access to that person unless continued contact would not be in the child's best interests.
In choosing among all of these options, the court considers the child's best interests, including the child's views given due weight for age and maturity, the child's needs, relationships with family and community, continuity of care and the risk of harm from removal.
What to do next
A final order is not always the end. A status review of a final order may be started by a parent, by a child who is at least 12, by the person a child was placed with under a supervision order, by a person granted custody, and by certain others. A parent needs the court's leave in some cases.
- Find out exactly which order the society is asking for, and what plan it has for your child.
- Put forward your own plan, and name relatives or community members who could care for the child.
- Ask about access arrangements in writing.
- Keep a record of your progress on any concerns the society has raised.
- Talk with a lawyer before the final hearing, and again before any consent to an order.
Frequently asked questions
Is Crown wardship still used in Ontario?
The CYFSA no longer uses the term. Extended society care is the current equivalent of what used to be called Crown wardship.
How long does a supervision order last?
A supervision order lasts at least three months and no more than 12 months.
Can my child live with a grandparent instead of going into care?
Possibly. The court must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order before ordering removal. It may also grant custody to a consenting person such as a grandparent if that better serves the child's best interests.
Will I still see my child if the court orders removal?
The court must order access to the person who had charge of the child unless it is satisfied that continued contact would not be in the child's best interests.
Sources
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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