Can apply for a status review under
Section 64(4) of the CFSA
(4) An application for review of a child’s status may be made on notice to the society by,
(a) the child, where the child is at least twelve years of age;
(b) any parent of the child, subject to subsection (5);
(c) the person with whom the child was placed under an order for society supervision; or
(d) where the child is an Indian or a native person, a representative chosen by the child’s band or native community.
Leave required in certain cases
(5) Where the child is a Crown ward and has lived with the same foster parent continuously during the two years immediately before the application, an application under subsection (4) shall not be made by any parent of the child without the court’s leave.
(6) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to,
(a) the child, subject to subsections 39 (4) and (5) (notice to child);
(b) the child’s parent, unless the child is a Crown ward and is sixteen years of age or older;
(c) the person with whom the child was placed under an order for society supervision;
(d) a foster parent who has cared for the child continuously during the six months immediately before the application;
(e) where the child is an Indian or a native person, a representative chosen by the child’s band or native community; and
(f) a Director, if the child is a Crown ward.
(7) No application shall be made under subsection (4) within six months of,
(a) the making of the original order under subsection 57 (1);
(b) the disposition of a previous application by any person under subsection (4); or
(c) the final disposition or abandonment of an appeal from an order referred to in clause (a) or (b),
whichever is the latest. R.S.O. 1990, c. C.11, s. 64 (1-7).
(8) Subsection (7) does not apply where,
(a) the child is a society ward or the subject of an order for society supervision, or the child is a Crown ward and an order for access has been made under section 58; and
(b) the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out. R.S.O. 1990, c. C.11, s. 64 (8); 1999, c. 2, s. 18.
No review where child placed for adoption
(9) No person or society shall make an application under this section where the child,
(a) is a Crown ward;
(b) has been placed in a person’s home by the society or by a Director for the purpose of adoption under Part VII; and
(c) still resides in that person’s home.
Also check out Section 47(3) of the CFSA
Where sixteenth birthday intervenes
(3) Despite anything else in this Part, where the child was under the age of sixteen years when the proceeding was commenced or when the child was apprehended, the court may hear and determine the matter and make an order under this Part as if the child were still under the age of sixteen years. R.S.O. 1990, c. C.11, s. 47.
Ontario Advocate Larabee Raising Issues From Foster Care - An Ontario Advocate and Survivor of abuse and neglect in foster care requested I post the following links however I also wanted to post a link to Larabee's...
5 years ago