Regulations to support transition from the Child and Family Services Act to the Child, Youth and Family Services Act, 2017 respecting adoption and adoption licensing
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
It is proposed that the regulatory provisions describe the processes and procedures for transition of adoption licensing and adoption services initiated under the CFSA, and the continuation of those services under the relevant provisions under the CYFSA following proclamation.
The proposed provision would clarify the following process for approval by the Director:
- if a licensee has submitted a notice of proposed placement and a homestudy under s. 142 of the CFSA but the Director has not yet approved it, the Director will review the homestudy first under s. 189 of the CYFSA and if the Director approves the prospective adoptive parents as suitable and eligible to adopt, the Director will review the proposed placement under s. 190 of the CYFSA.
A transition provision is also proposed so that the provisions of the CYFSA would apply to intercountry relative adoptions where:
- If the child is being brought to Ontario to be placed for adoption, the application to sponsor the child has not yet been made to the Immigration, Refugees and Citizenship Canada (IRCC) , or
- If the child is being placed for adoption outside of Canada, the child has not yet left Ontario.
The proposed regulations under the CYFSA will address private adoption placements of First Nation, Inuk or Métis children managed by licensees, and will clarify the following:
- If a licensee has given notice of their intention to place the child for adoption under s. 50(4) of Regulation 70 under the CFSA, a licensee is not required to give further notice to another band or community if the CYFSA comes into force before the child is placed.
- If a licensee gives notice under the CYFSA regulation and then a new community is designated, the licensee is not required to give further notice.
Note that private adoption placements involve primarily infant children.
The proposed regulatory provisions with respect to adoption licensing will describe the following:
- The existing licences and provisional licences to place children for adoption issued under the CFSA will continue to be valid under the CYFSA until they expire.
- Where an application for a licence or renewal of a licence has been made under the CFSA but the Director has not made a decision, the application will continue under the CYFSA.
- That a hearing by the Tribunal commenced under the CFSA but not concluded will continue as a hearing under the CYFSA.
The draft transition regulations may be posted as an attachment on the regulatory registry at a later date.
December 12, 2017
Comments Due Date:
January 26, 2018
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3