How Does a Status Review of a Child Protection Order Work in Ontario?

A child protection order is not always the end of the story. If your circumstances have changed, or you are a parent, a child aged 12 or older, or another person the law allows to apply, Ontario law has a process called a status review.

This article explains in general terms who can start one and what it can lead to. Older materials may use different names for orders and reviews, but the current law is the Child, Youth and Family Services Act, 2017 (CYFSA). Your own options depend on the order and your facts, so a lawyer can confirm them.

What a status review is

A status review is a court process that looks again at a final child protection order. The Family Law Rules timetable for child protection cases covers status reviews as well as other cases.

The terms for orders have changed. The CYFSA does not use the older labels society wardship or Crown wardship. The current orders are interim society care and extended society care. Extended society care is the Act's current equivalent of what used to be called Crown wardship.

Who can start one

A status review of a final order may be started on notice to the society by any of these people:

• the child, if at least 12;
• a parent;
• the person the child was placed with under a supervision order;
• a person granted custody;
• a foster parent who has cared for the child for at least two years; or
• a band or community representative, for a First Nations, Inuk or Métis child.

A parent needs the court's leave in some cases. Whether you need leave depends on your circumstances, so ask a lawyer before filing.

What the court looks at and what it can order

The court's factors for a child's best interests include the child's views and wishes, given due weight according to age and maturity, the child's needs, relationships with family and community, continuity of care, and the risk of harm from removal. For First Nations, Inuk or Métis children, they also include preserving cultural identity and community connection.

Possible outcomes include a change of the arrangement. A custody order under section 102(1) cannot be made in favour of the child's foster parent, but on a status review under section 116(1), the court may grant custody to a person, including a foster parent, with that person's consent. Extended society care continues until it is terminated under section 116 or expires under section 123.

Where the order is interim society care, the court may not make an order that results in a child being in society care and custody for more than 12 months if the child is younger than 6, or 24 months if the child is 6 or older, and earlier periods in society 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.

Access, support and caregivers

What the court decides about contact between a removed child and the person who had charge of them depends on your situation, so it is worth confirming with a lawyer.

Caregivers sometimes ask about financial help. Temporary Care Assistance under Ontario Works may be available to a kinship caregiver if the criteria are met, but a child placed under a legal custody order under section 116 is a dependent and is not eligible. Eligibility is decided by the local Ontario Works office.

What to do next

• Get a copy of the current order and note its type and end date.
• Work out whether you are one of the people allowed to start a status review.
• Ask a lawyer whether you need the court's leave.
• Collect evidence of changes in your circumstances or in the child's needs.
• Think about who could care for the child and whether they would consent.

Frequently asked questions