Child Protection Trials

Once the parties are at the stage in the child protection proceedings where they are to attend a final hearing, the court has an obligation in child protection trials to primordially decide whether the child is in need of protection. Once the court has determined that the child is in need of protection, then it can decipher whether a court order is essential for the child’s protection.

The types of orders that a court may make in child protection trials are outlined in section 57 of the Child and Family Services Act (CFSA) and coincide with the legislature’s intent to allow the child to stay within his/her family and/or community:

57(1): "Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders or an order under section 57.1, in the child’s best interests:

Supervision Order

1. That the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months.

Society Wardship

2. That the child be made a ward of the society and be placed in its care and custody for a specified period not exceeding 12 months.

Crown Wardship

3. That the child be made a ward of the Crown, until the wardship is terminated under section 65.2 or expires under subsection 71 (1), and be placed in the care of the society.

Consecutive Orders of Society Wardship and Supervision

4. That the child be made a ward of the society under paragraph two for a specified period and then be returned to a parent or another person under paragraph one, for a period or periods not exceeding an aggregate of 12 months."

In section 57.1 CFSA, the courts now have a new type of order at their disposal; specifically, the courts can grant custody to someone other than one of the foster parents.

To learn more about child protection trials and other services provided by Krol & Krol, call 905.707.3370 today.