Regulations to support transition from the Child and Family Services Act to the Child, Youth and Family Services Act, 2017 respecting adoption
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
The Ministry of Children and Youth Services proposes regulatory provisions to govern the transition from the CFSA to the CYFSA respecting adoption service delivery.
A regulatory provision is proposed to clarify that where a notice of intention to place a child for adoption that was provided under section 145.1.1 of the CFSA, the openness application is to continue under section 196 of the CYFSA.
Under Part VII of the CFSA, where the child is an "Indian" or "native person", a court must make certain considerations and certain rights to notice and participation are given to a child's band or native community. The terms "Indian" and "native" in the CFSA have changed to "First Nations, Inuit and Métis" in the CYFSA. The CYFSA will provide for the listing of First Nation, Inuk/Inuit and Métis communities.
The rights to notice and participation that are given to a child's band or native community in the CFSA are expanded to the bands or listed First Nations, Inuit and Métis communities with whom the child identifies with or is a member of under the CYFSA. The CYFSA also includes changes to the best interests of the child test relating to adoption.
Accordingly, the ministry is proposing additional regulatory provisions respecting adoption processes and proceedings commenced under the CFSA but not concluded at the time that the CYFSA comes into effect, including clarifying requirements regarding when a children's aid society is to give notices to a band or listed First Nations, Inuit and Métis community with which the child identifies or is a member. The ministry is proposing transition provisions to require societies to give notice to the band or community of its intention to begin planning for the adoption of the child if the society has not yet formed the intention to place the child with a family when the CYFSA comes into force. As well, a provision is being proposed to require societies to give notice to bands and communities of the society's intention to place the child for adoption and the band's and community's right to apply for an openness order if the child has not been placed for adoption by the time the CYFSA comes into force.
A provision is also proposed to require societies to consider the importance of developing or maintaining a First Nations, Inuk and Métis child's connection to their bands or First Nations, Inuit and Métis communities in cases where the CYFSA comes into force after the society has begun planning for adoption.
These regulatory provisions are proposed to also apply to situations where new communities are listed in regulation under the CYFSA during the course of an adoption process or proceeding under the CYFSA.
December 11, 2017
Comments Due Date:
January 26, 2018
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3