Ministry of Children and Youth Services
“Out of Care Kin Placement” Regulation
Implementation Guidelines for Children’s Aid Societies
Ontario Regulation Child and Family Services Act,
Amending O. Reg 206/00
Procedures, Practices and Standards of Service for Child Protection Cases
Part II Family and Community Placement
DATE REGULATION IN FORCE: February 06, 2006
PURPOSE OF REGULATION
The Minister’s Regulation establishes the requirements of Children’s Aid
Societies for completing an assessment, including background checks of kin
proposing to care for a child receiving child protection services where that child
will not be in the formal care of a Children’s Aid Society. The purpose of the
regulation is to establish consistent best practices in Children’s Aid Societies.
KEY FEATURES OF REGULATION
The “Out of Care Kin Placement” Regulation provides very specific requirements
and time limits for Children’s Aid Societies related to the following procedures:
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Collecting identifying information on all adults residing in the kin home
Nature of the relationship between the child and each adult in the home
Society internal record check and file review
Society response to requests for record checks from another Society
Consultation with the Aboriginal child’s band or native community
Obtaining consents and sending for criminal and child welfare records
Reviewing and documenting information received from criminal and child
welfare record checks and decisions reached as a result
Home visit and initial private interview of the child (within 7 days)
Interview with proposed primary kin caregiver
Assessment of the physical aspects of the kin home environment
Subsequent home visit and private interview with the child (within 30 days)
Supervisory review of the placement plan (within 30 days)
Documentation of procedures not followed and any additional steps taken
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Consultation with the band or native community for Aboriginal children
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The intent of this procedure is to require consultation with the child’s Band
or native community about the potential or actual placement plan and to
consider the supports or alternative plan that may be offered including
customary care.
Private interviews with the child
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Wherever possible the child should be interviewed prior to moving to the
home of kin in order to determine the child’s wishes in relation to the
proposed plan.
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Interviews with children should be in private to allow children to freely
discuss their feelings or concerns regarding the placement.
Time limits for completing specific procedures
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The regulation sets out time limits for the completion of particular
procedures.
The intent is that procedures will be completed as soon as possible within
the time limits.
Internal Society record checks and initial interviews with the child and
caregiver and the assessment of the home’s physical safety should be
expedited as soon as possible.
IMPLEMENTATION REQUIREMENTS FOR CHILDREN’S AID SOCIETIES
Children’s Aid Societies are required to complete the following to effectively
implement the regulation:
1) Inform Relevant Staff
Immediately inform relevant staff about the purpose, content and
procedures for the regulation, including staff responsible for processing
requests for record checks and file disclosure
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2) Review Policy and Procedures
Review and revise, where necessary, internal Policy and Procedures
manuals to ensure consistency with the regulation. Where policies and
procedures are revised a plan to advise staff of the changes must be
developed.
3) Submit Implementation Plan
Within 10 days submit to the Regional Office Program Supervisor a written
plan to achieve the above requirements.
4) Submit Status Report
Within 30 days submit to the Regional Office Program Supervisor a written
status report on the completion of the above requirements.
BEST PRACTICE CONSIDERATIONS
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Enhanced communication may be required in some cases in order to gain
the cooperation of prospective kin caregivers. Acknowledging the positive
intents and motives of the kin to assist the child as well as the
responsibility of the Society to ensure the child’s safety may help to
facilitate the necessary participation in the completion of the assessment.
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Cultural diversity may necessitate the use of cultural and language
interpreters to assist in understanding and gaining the trust of prospective
kin caregivers.
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The regulation is not retroactive. However, in current open cases where
the child has been placed with kin and the child is not in the formal care of
the children's aid society, the society should review the case to determine
if further assessment using the procedures required by the regulation
would assist in assessing the safety of the child's plan of care.
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QUESTIONS AND ANSWERS
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A set of Questions and Answers is attached for Society reference.
RELATED POLICY DEVELOPMENT FOR KINSHIP CARE
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This regulation is a component of a broad strategy related to the
development of kinship care and services within child welfare.
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Additional kinship policy directions are being formulated as a key
component of the Child Welfare Transformation agenda to promote family
based care, continuity of family and cultural connections for children and
enhanced permanency planning alternatives.
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Specific considerations include policy, regulations, administrative
processes, financial assistance, resource requirements for Societies and
best practices in the delivery of kinship services.
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MINISTRY OF CHILDREN AND YOUTH SERVICES
Implementation – “Out of Care Kin Placement” Regulation
February 06, 2006
Questions and Answers for Children’s Aid Societies
Background – Intent, Purpose and Definitions
Question 1: What is the intent of this regulation?
Answer: The regulation provides direction to Children’s Aid Societies on the
requirements for the assessment of plans proposed for the care of a child by a
member of the child’s extended family or community where the child will not be in
the formal care of the Society.
The regulation provides direction for situations where the Society has determined
that a plan of service that includes the child residing with kin is a preferred option
for consideration. The regulation does not apply where the Society deems that in
order to protect the child a formal admission to Society care is necessary.
Question 2: When is the regulation in force?
Answer: The regulation is in force effective February 06, 2006.
Question 3: Is the regulation currently available in French?
Answer: Currently, the regulation is only in English given that the regulation is
an amendment to Regulation 206/00 which is a unilingual regulation.
Question 4: To which types of cases does this regulation apply?
Answer: The regulation applies to child protection cases where the Society has
determined that a child can not safely remain in the home of his/her parent or
person who has charge of the child and where a plan is proposed for the care of
the child by a member of the child’s extended family or community thereby
avoiding the child’s admission to care.
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The regulation applies to child protection cases where a child has been placed in
the care of a member of the child’s family or community and the Society learns of
the plan after the placement and must determine if the person the child has been
placed with can provide a safe home environment.
The regulation applies to cases where a plan is proposed for a child currently in
the care of the Society to be discharged from care and placed with a member of
the child’s extended family or community on an out of care basis. For example,
in cases where a relative proposes to seek legal custody of the child under the
Children’s Law Reform Act.
The regulation does not apply to the assessment of prospective foster homes or
adoption homes.
Question 5: What do you mean by a child “out of care”?
Answer: Children’s Aid Societies investigate situations and provide services
when there are concerns regarding the safety of a child. There are cases where
the child cannot remain with their parents or guardians because of safety
concerns. Where there are family members willing to provide a home the
Children’s Aid Society may explore that option rather than formally admit the
child to the care of the society.
Question 6: Does the regulation affect all children who are living with
relatives or just those who have come into contact with a Children’s Aid
Society?
Answer: The regulation applies only to children that are receiving services from
the Children’s Aid Society and are deemed to be in need of protection. Where
children are placed with relatives and there is no involvement with the Children’s
Aid Society, this regulation does not apply.
Question 7: Is the regulation retroactive?
Answer: No. However, Children’s Aid Societies should review open cases
where the Society is supporting a child’s placement with kin where the child is not
in the formal care of the Society to determine if the procedures required under
the regulation would assist in assessing the safety of a child’s plan of care.
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Question 8: What does it mean for the Society to be “apprised” of a plan?
Answer: Apprised of a plan means that the child’s parent, proposed caregiver or
another person has advised the Society of the plan for the care of the child by a
relative or community member. In some cases the Society may be apprised prior
to the child actually moving to the home of kin, but in other circumstances the
Society may not be apprised until some point after the child has begun living with
kin. The regulation sets out procedures in light of when the Society becomes
aware of the plan.
Question 9: Does the regulation apply in cases where a child protection
investigation is still in progress and the Society has not yet formally
deemed a child to be “in need of protection”?
Answer: If a Society is in the process of an investigation and determines that a
child can not remain in the care of a parent, the child should be considered “in
need of protection” for the purpose of this regulation. Where a plan is proposed
for the care of the child by kin, the Society will conduct an assessment of the plan
by following the procedures as set out.
Question 10: What does it mean to “place” a child with kin?
Answer: In an “out of care” kin arrangement the child is either placed by the
parent voluntarily or by the Court pursuant to an Order of Supervision or through
a custody order. At no time is the Society “placing” the child because the child is
not in the formal care of the Society.
Question 11: When a child that normally resides in one jurisdiction is
placed with the extended family in another jurisdiction, which Society is
responsible to ensure that the regulation is followed?
Answer: In most cases it will be the Society in the jurisdiction where the child
normally resides that will make the “determination” that a child can not remain in
the care of his or her parent. Given this trigger for the regulation it would
therefore be the responsibility of the “home” Society to ensure the completion of
the procedures. The regulation permits the home Society to refer the matter to
another Society for the completion of all or part of the procedures.
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Question 12: What is meant by conducting an assessment of the home
environment including the physical aspects of the home and whom may be
“designated” by the Society for this purpose?
Answer: This refers to the need to observe and assess the physical condition
of the home in terms of any safety hazards that may present risk to the child.
Depending on factors related to timing, remoteness or other reasons the Society
may designate a person other than a child protection worker to conduct this
assessment. For example, this may be a police officer, a public health nurse, or
a First Nations child welfare prevention worker.
Question 13: What is meant by reviewing the placement plan by a
supervisor?
Answer: The placement plan must be reviewed by a supervisor within 30 days
of the child’s actual placement (or within 30 days of the Society being apprised of
the actual placement).
A review of the placement plan will consider all relevant information collected by
the child protection worker in completing the assessment; the current
circumstances in the kin placement such as the child’s adjustment to the home,
anticipated length of stay, access arrangements; and the plan of service to
support the kin placement adequately.
Time Limits and Compliance
Question 14: Do the timelines in the regulation refer to calendar or
business days?
Answer: The timelines in the regulation refer to calendar days. The timelines
acknowledge that it may take some time to complete particular elements of the
regulation. However, the intent of the regulation is that procedures are
completed as soon as possible within the timeline.
In particular, a review of the Society’s internal records and interviews with the
child should be expedited wherever possible. Consideration of the child’s age
and any other factors contributing to a child’s vulnerability will assist in
determining the timing of visits and interviews with children.
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Question 15: Are there options for a Society to exercise if it is not able to
comply with the regulation?
Answer: The regulation requires the Society to document any non-compliance
with the established procedures. In circumstances where the prospective kin
caregiver will not cooperate with efforts to complete the assessment the Society
will document the refusal and utilize its judgement and authority to determine an
appropriate course of action. This may include:
o Seeking the voluntary cooperation of the caregiver
o Filing a protection application for an Order of Supervision
o Apprehending the child and admitting the child to care of the
Society
o Consideration of closing the file where there is no further reason
to believe the child is in need of protection.
Question 16: What is the Society’s responsibility to the child and caregiver
beyond 30 days?
Answer: The plan that is developed by the Society to provide services to the
child and kin caregiver will depend on the family circumstances and the needs of
the child. The Society will use its discretion and judgement to develop a service
plan that could lead to an extension of the kinship arrangement, a return to the
child’s parents, an admission to Society care or the termination of service if there
are no ongoing protection concerns.
At a minimum the Society must remain involved and provide support until such
time as the child is no longer considered to be in need of protection.
Administrative – Records Checks, Documentation, Tracking and
Financial Aspects
Question 17: What is the file status of the kinship caregiver?
Answer: There is no new file status designation for the kinship caregiver.
Information related to the safety of the child, the assessment of kin and case
progress should be documented in contemporaneous case notes and included
as part of the recording on the original child protection family file. This is
consistent with previous practice when children have lived with relatives subject
to an Order of Supervision.
The Ministry is currently considering further policy development to support
optimal service and administrative practices related to kinship out of care cases.
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Question 18: Can Fast Track be accessed for record checks with the
consent of the person?
Answer: No. Any expansion of access to the Fast Track record information will
be considered as part of the development of the new Single Information System.
Consents must be obtained from each adult in the home for child welfare record
checks in any jurisdiction where they previously have resided. The request will
then be made directly to the relevant Society or child protection authority if
outside Ontario.
Question 19: Are record checks and file reviews completed for another
Society eligible to be counted for funding purposes?
Answer: There are no changes to this process. A request for a record check
and file information from an external Society can be coded and counted as per
the Eligibility Spectrum – Section 10 request for assistance.
Question 20: Are additional resources available to accommodate any
increased volume related to requests for Society record checks?
Answer: No. There are no available resources beyond the counting of these
requests under the Eligibility Spectrum. There are no additional resources for
2005/06.
Question 21: How can kinship caregivers receive financial assistance?
Answer: Kinship caregivers may be eligible to receive the Temporary Care
Allowance from Ontario Works for each child placed in their care. In addition to
the Temporary Care Allowance of $221.00 per month (slightly less for each
additional child), the child may also be eligible for additional support from Ontario
Works such as a start-up allowance, drug and dental coverage, seasonal clothing
adjustment and back to school allowance.
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Question 22: Will additional resources be available to Societies to cover
the costs associated with the completion of procedures required by the
regulation?
Answer: The Ministry is currently studying the impact that this regulation and
the emerging policy development for kinship care will have on Society costs,
reporting and tracking requirements and the chart of accounts.
Details of any future directions will be shared as soon as possible with Societies
Question 23: What are the documentation requirements for Societies
related to this regulation?
Answer: At a minimum the child protection worker will maintain current case
notes of all contacts and information gathered related to the assessment. The
relevant facts and assessment summary should be recorded on the child
protection file. The results of all record checks are to be documented as well as
any decisions reached due to record information received. Any procedures not
completed must be documented as well as any decisions reached as a result.
As a means of consolidating the information to be documented Societies may
wish to utilize Home Assessment format contained in the Inter-Agency Protocol
developed by the Ontario Association of Children’s Aid Societies.
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