What Is a Temporary Care Agreement With CAS in Ontario?

Sometimes a parent is going through a crisis, such as illness, a housing problem or exhaustion, and a children's aid society (CAS) suggests a formal arrangement for the child to be cared for elsewhere for a while. That arrangement is called a temporary care agreement, and it is different from a court order.

Signing anything with a child protection agency is a big step. This article explains in plain terms what the agreement is, the time limits, what your consent has to look like, and what can happen if an agreement is not reached. It is general information, not advice on your situation.

What a temporary care agreement is

Under section 75 of the Child, Youth and Family Services Act (CYFSA), a person who is temporarily unable to care adequately for a child may make a temporary care agreement with a society. The key idea is that the problem is temporary and the arrangement is voluntary.

The Act also says that help for parents should, where possible, be given on the basis of mutual consent, and that the least disruptive course of action that is available and appropriate should be considered. A temporary care agreement is one way a society and a parent can work within that approach without going straight to court.

Time limits

No temporary care agreement may be made for a term longer than six months. With a Director's written approval, it may be extended, but the total term cannot exceed 12 months.

Because these limits are firm, it is worth asking early what the plan is for the end of the agreement, and what needs to change at home for the child to return.

Your consent has to be real

Under CYFSA section 21(2), a consent or agreement, including a decision to withdraw one, is valid only if the person has capacity, is reasonably informed, has had a chance to get independent advice, and acts voluntarily, without coercion or undue influence.

• Capacity: you understand what you are agreeing to.
• Informed: you know the terms, the length and what happens next.
• Independent advice: you have had a chance to get independent advice before you decide.
• Voluntary: you are not being pressured or threatened into signing.

If you are 16 or older and are the person receiving a service, a service provider may generally provide it only with your consent, unless a court has ordered the service. This matters for teens who are themselves involved with a society.

Agreement or court: how the two routes connect

A society may apply to the court to decide whether a child is in need of protection. That is the route where voluntary services are not agreed, so declining an agreement can lead to an application. It does not mean an application will always follow, and the outcome depends on the facts.

A temporary care agreement is also one of the options when a child has been brought to a place of safety. Within five days, the child must be brought before the court, returned to the person who last had charge, or placed under a temporary care agreement or an agreement with a 16- or 17-year-old.

Getting your child back at the end of the term, or earlier, depends on the terms you signed and on the circumstances. Ask what the society needs to see for the child to return, and have that written down.

Financial help for relatives caring for the child

If the child stays with a relative or friend, that caregiver may be able to apply for Temporary Care Assistance through Ontario Works. The adult must have no legal obligation to support the child and must not be paid for caring for the child under the CYFSA. A kinship child may be eligible if the criteria are met, but a child in foster care is not, because the society meets their needs.

The directive lists maximums of $274 for the first child and $224 for each additional child, with higher amounts in some remote northern areas. These figures come from a directive that may have been updated, and a caregiver who is a parent, or who has treated the child as their own, has a support obligation and cannot get it. Local Ontario Works offices can confirm current amounts.

What to do next

• Ask for the agreement in writing and read every term before signing.
• Ask how long it lasts and how an extension would work.
• Ask what the society expects to change for the child to come home.
• Get independent advice before you sign, since a chance to get independent advice is part of valid consent.
• Keep copies of everything you sign and note the dates of visits and calls.

Frequently asked questions