Summary of changes to the CFSA

• Duty to report
• Evidence of past parenting
• Earlier and more decisive intervention
• Improved access to information
• Access to Crown Wards
• Regular review of the CFSA

Duty to report

Protecting children from abuse and neglect is the responsibility of the whole community.

• Everyone, not just professionals, who have reasonable grounds to suspect a child is or may be in need of protection, has a duty to report directly to a children's aid society.
• A person must report further suspicions, even if they have made a previous report.

What are reasonable grounds?

"Reasonable grounds" are what an average person using normal and honest judgement would suspect.

Evidence

Now, a parent or person's past action towards any child, not just children in the person's care, is admissible as evidence in a court hearing.

Earlier and more decisive intervention

In the past, a child could be in the care of a children's aid society for up to 24 months before becoming a Crown Ward. However, the 24 months were counted on a continuous basis leading to a "revolving door" situation. If a child was in the care of CAS for six months and then returned home, the clock was reset to zero.

Now, permanent arrangements are made as soon as possible. Time is calculated on a cumulative basis, and children under six may be in care for no more than 12 months.

Grounds for finding a child in need expanded
In addition, the grounds for mandatory child welfare intervention have been expanded to include neglect and any child at "risk" of being harmed physically, sexually or emotionally.

Improved access to information

The law now makes it easier for children's aid societies to get the information they need in emergency situations including:

• a warrant or a court order to get the records or reports necessary to protect children at risk; and
• a temporary court order to protect a child until a full hearing can take place.

Access to Crown Wards

The Act now ensures that access by relatives and other individuals to children who have been made Crown Wards are only granted if it is beneficial to the child. Before, a child could not be placed for adoption if someone filed for access, even if that person had broken off all contact with the child.

Regular review of the CFSA

The Ministry of Community and Social Services is required to review the CFSA at least every five years.

• More information on Duty to Report
• Child and Family Services Act CFSA s.72 (1)