Questions and Answers regarding Implementation of
Ontario Permanency Funding Policy Guidelines
For
Regional Offices
Children’s Aid Societies
Prepared by
Ontario Ministry of Children and Youth Services
1. I am a grandmother caring for my grandchild in a kinship care arrangement (my
grandchild was found to be in need of protection). Can I obtain legal custody of
my grandchild through the new option available under the CFSA (s. 65.2)?
If your grandchild is a Crown ward or has been a Crown ward and is now subject to a
supervision order, an application may be brought before the court seeking a child
protection order granting you legal custody of your grandchild. If you are granted
custody, you may be eligible for financial assistance from the children’s aid society.
2. I am a grandmother caring for my grandchild through a long term customary
care arrangement. My grandchild was not a Crown ward. Can I obtain legal
custody of my grandchild under the new option available under the CFSA (s.
65.2)?
This kind of custody order is only available where the child is a Crown ward or former
Crown ward.
3. I’m caring for my grandchild in an informal customary care arrangement to
provide my daughter with some time to get back on her feet. Under this new
policy will I be provided with financial assistance?
No, the funding guidelines do not apply in a situation such as yours, where a children's
aid society has not been involved due to a protection concern for the child.
4. I’m a grandmother and I’m told by the children’s aid society that my grandchild
must be “in need of protection” before I can obtain any funding. I’m taking care of
my grandson because I didn’t think it was safe for him in my son’s home and I’m
protecting him now. Why can’t I receive support from the society?
In Ontario, children’s aid societies have the exclusive responsibility for investigating
allegations or evidence of child maltreatment and determining if a child is in need of
protection. If a society determines that a child is in need of protection, that is, at risk of,
or being abused or neglected, the society is required to intervene to protect the child.
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The permanency funding policy only applies where a CAS has found a child to be in
need of protection.
The families of children not in need of protection may apply for a range of services and
supports through a variety of other programs, including Ontario Works temporary care
assistance.
CHILDREN’S AID SOCIETY QUESTIONS
5. There is no core funding in Block 1 for admission prevention, kinship service
and legal custody. Societies are encouraged to fund these placements by means
of their allocation of transformation funding in Block 2, or from other funding lines
(Blocks 1,3, and 4). What about societies with deficits in both Blocks 1 and 2?
The ministry has provided societies with funding flexibility and funding re-allocation
options so that they may use funding in their current envelope to support these
transformation initiatives (please also refer to Q.3 in the Permanency Funding
Guidelines Qs and As).
To support out of care placements (admission prevention, kinship service), societies
may allocate their share of transformation funding (Block 2) and may also redirect
savings found in core funding – Blocks 1, 3 and 4.
Where funding is provided to support permanency options such as legal custody under
s. 65.2 and adoption, this could be a re-allocation of dollars which would otherwise be
spent on maintaining a child in care. This is based on the premise that the child would
remain a Crown ward in the absence of funding to support the permanency option.
Depending on the financial resources of the legal custodians, and the availability of other
community or government programs, the financial assistance needed may be less than
that required when the child was in care.
The ministry recognizes that some societies have financial pressures in Blocks 1, 3 and
4 that may limit the society’s ability to redirect funds. However societies may be able to
realize savings in Block 1, particularly in residential care. If societies are able to invest in
out of care placements using dollars from other funding lines, this could result in cost
avoidance in the short term and cost containment/saving in the longer term.
To support kinship care (including place of safety), customary care, and adoption, core
funding is provided through the Block 1 residential care envelope. A society’s allocation
of transformation funding (Block 2) may also be used for kinship care (including place of
safety). There may be cost savings in the residential envelope if kinship care and
customary care result in higher utilizations of lower cost residential care.
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6. If a child protection order for custody is granted under Sec. 65.2, and financial
assistance is being requested by the family, what are the service and file
standards?
The files required for legal custody (s. 65.2) are noted on page 9 of the Permanency
Funding Policy Guidelines. The guidelines also indicate that case work and service
supports are provided to these legal custody families as required. Each society will
determine the need for such support based on the unique needs of the child and family.
7. Under the new permanency funding policy, societies are encouraged to
develop local protocols with Ontario Works (OW) /Ontario Disability Support
Program (ODSP), to facilitate the co-ordination of financial support. There may be
instances, however, where it is not clear who the payer of first resort is – the
society or OW/ODSP.
The ministry worked closely with policy staff from the Ministry of Community and Social
Services to clarify the supports that could be provided by a society and to differentiate
these from supports that could be covered by social assistance. The intent was to
prevent duplication and as much as possible prevent the need for determining “payer of
first resort”. The permanency funding guidelines outline the types of supports that can
be available through the society for the various permanency options.
However it was recognized that there could be instances of overlap or uncertainty, which
is why societies and OW/ODSP offices are encouraged to develop local protocols to
work out these issues together. Program supervisors for societies and OW/ODSP
offices are encouraged to meet locally to review and discuss how the permanency
funding policy guidelines fit with their protocols, for example, information sharing, and to
update or revise these as necessary.
8. There is a contradiction between the Kinship Service Standards and the new
Child Protection Service Standards. The Child Protection Service Standards
indicate that societies will be able to support kinship placements. However, the
Kinship Service Standards speak to intermittent, episodic funding. Which is it?
Will the societies receive funding to fully support kinship placements?
The Child Protection Standards do not speak to kinship service. The Kinship Service
Standards do not address funding issues.
The new Permanency Funding Policy Guidelines state that where a society has
determined the child is in need of protection and is unable to remain in the care of his or
her parent, kin may care for the child through an out of care arrangement (either a
voluntary placement or under a supervision order). A society may provide
episodic/emergency funding to the kinship service family based on the eligibility and
decision-making criteria in the funding guidelines. A kinship service family may also
apply for Temporary Care Assistance under Ontario Works to receive monthly support.
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Societies are required to provide the financial assistance within their current funding
envelope.
9. Which society bears the cost of financial assistance in each of these
permanency options where the child and/or the new caregiver is in another
society’s jurisdiction? For example, an OSW (other society ward) adoption, an
OSW in society-run foster care (note: Homes for Kids reciprocal placement
arrangements).
For guidance on this question, please refer to the Interagency Protocol January 2007
provided by the Ontario Association of Children’s Aid Societies (OACAS), starting at
page 29 (available on the OACAS members’ website).
10. Does this new permanency funding policy change a society’s responsibilities
in the case of a Crown ward adoption break down where the youth is over 16
years of age? Can the youth enter into an Extended Care and Maintenance (ECM)
agreement at age 18 if they meet the criteria set by a society?
The Child and Family Services Act, s. 71.1 sets out who is eligible for ECM and it does
not include children in these circumstances. If an adoption broke down before the child
turned 16 and the child came into the care of a society and a Crown wardship order was
in effect or that child was being cared for in a subsidized formal customary care
arrangement immediately before the child turned 18, then the child could apply for ECM
at age 18.
11. Does the definition of legal custody apply to children who have been in private
foster homes or Outside Paid Resources (OPR) family based homes?
The new legal custody option through a child protection order (CFSA s. 65.2) provides
that a foster parent, extended family or community member may obtain legal custody of
a child who is a Crown ward or former Crown ward and thus creates a new permanency
option for those children. A foster parent may apply for legal custody under this
provision where the child has lived continuously with them for at least 2 years
immediately before the application. If a private foster parent obtained legal custody
through a child protection order, they may be eligible for financial assistance under the
funding guidelines.
12. Does the ministry intend to provide a tool or a test to societies for the purpose
of identifying whether an arrangement is eligible for financial support under the
new policy?
No, at this time the ministry does not intend to provide a tool or test to societies for the
purpose of assessing a family’s eligibility for financial support. The ministry has provided
guidance on what the financial assistance can cover and decision making criteria for
each permanency option in the funding guidelines
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As a good practice model, many children’s aid societies have been providing adoption
subsidies to adoptive families for years and examining a family’s financial ability to
support a child, as well as the child’s special needs and the availability of community
supports. As part of the SAFE (Structured Analysis Family Evaluation) adoption and
foster homestudy process, a financial information form is used as a guide to assessing
the family’s ability to manage the financial costs of an additional child or children in the
home. This form might also be a useful resource for societies in applying the
permanency funding guidelines.
The SAFE homestudy financial information form is attached.
13. If a foster parent wishes to adopt or seek custody of a child who has been in
their foster care, are they also eligible for financial assistance under the new
policy? Does a society need to “means test” them as well?
The new legal custody option through a child protection order (CFSA s. 65.2) provides
that a foster parent, extended family or community member may obtain legal custody of
a child who is a Crown ward or former Crown ward and thus creates a new permanency
option for those children. In these circumstances, the permanency funding guidelines
are clear that societies may provide financial assistance up to regular, specialized or
treatment foster care rates in accordance with the child’s needs and the family’s ability to
meet those needs.
As outlined on page 9 of the funding guidelines, there are decision-making criteria to be
used by societies in determining the financial assistance to be provided. This is not a
means test. As noted in the answer to question 12 above, societies have a great deal of
experience in assessing the financial ability of families to support children for purposes
of adoption subsidies. The decision-making criteria provide several considerations for
societies in determining what, if any, financial assistance to provide under the guidelines.
14. Concern has been raised that kin caregivers may choose not to participate in
kinship service but rather request that the child be admitted to kinship care in
order to receive a greater amount of financial assistance.
Societies must determine the most appropriate placement for a child who has been
found in need of protection and can no longer safely remain with either parent.
The recent amendments to the Child and Family Services Act (CFSA) create an
increased emphasis on placement of a child in need of protection in the community with
a member of the child’s extended family or community where this is in the best interests
of the child. The society may provide episodic or emergency financial assistance to
support these cases, within their current funding envelope. The society may also inform
the kinship service family of other avenues of support that may be available to them,
such as Temporary Care Assistance through Ontario Works.
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15. Is there any provision for admission prevention financial assistance?
Yes. A family may be eligible for financial assistance under the new guidelines if a child
residing with their family in the community is determined by the society to be in need of
protection and is at risk of being admitted to care. The society must also determine that
financial assistance could reduce the risk to the immediate health and safety of the child
and could prevent an admission to care. As well, a family that is receiving protection
services either on a voluntary basis or through a Supervision Order may be eligible for
admission prevention financial assistance on an episodic/emergency basis to meet short
term needs and address immediate health and safety concerns for the child.
Societies are required to provide the financial assistance within their current funding
envelope.
16. Are there key messages that can be provided to individuals who are caring for
children not involved with a society?
Yes. Families caring for children who are not in need of protection or involved with a
society may apply for a range of services and supports through a variety of other
programs, including Ontario Works. You may wish to refer to the list of Community and
Government Support Programs provided to you as part of the Kinship Service
Standards package of materials in your response.
Families requiring further information on the permanency funding policy may also be
referred to the ministry’s single point of access toll-free number at 1-866-559-4597.
17. Is any of the permanency funding available retroactively?
Children’s aid societies were required to begin making decisions based on the Ontario
Permanency Policy Funding Guidelines on February 6, 2007. Financial support under
these guidelines may be paid to families based on decisions made using the guidelines
as of February 6, 2007.
Admission Prevention
 A family receiving protection services either on a voluntary basis or through a
Supervision Order prior to February 6, 2007, may receive financial assistance in
keeping with the guidelines as of February 6, 2007.
Kinship Service
 A family caring for a child in a kinship service arrangement prior to February 6,
2007, may receive financial assistance in keeping with the guidelines as of
February 6, 2007.
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Legal Custody through a child protection order
 Under the funding policy guidelines, societies may begin providing financial
assistance as of February 6, 2007, to those who obtained this type of legal
custody on or after November 30, 2006.
Adoption
 Any adoption subsidy agreement made between an adoptive family and a
children’s aid society prior to February 6, 2007, remains in effect until the time of
annual review. Upon annual review, where funding is being continued, the
society will update the agreement based on the funding policy guidelines.
18. Societies are receiving calls from kin for financial assistance for a child in their
care. The majority of calls had an open protection file in the past, since closed
when other care arrangements were in place and the child was no longer
considered in need of protection. Policy interpretation is that there is no eligibility
for financial assistance in these situations, rather there must be an open
protection file. Is this correct?
Generally where a children’s aid society is no longer involved with the family, is not
providing services to the family, the child is no longer considered in need of protection,
and the file is closed, there is no provision for financial assistance for these families
under the permanency funding policy guidelines.
Practices in societies have varied regarding closure of protection files and some files
may have been kept open when there were no longer protection concerns. Societies
should ensure their polices and practices are in compliance with the Ontario Kinship
Service Standards, November 30, 2006 by reviewing Standard 6 – Kinship Service File
Closure.
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