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Making adoption easier for kids and simpler for parentsLegislative
Changes
TORONTO, June 6 /CNW/ - The government is committed to improving the
lives of children and youth who are in need of protection and whose parents
can no longer care for them. Proposed legislation would, if passed:
- Allow more children to be adopted
- Help children's aid societies to better respond to the unique needs
of each child
- Help resolve more cases outside the courtroom through more
collaborative solutions.
Changing The Rules For Adoption
Currently: Three-quarters of children in the permanent care of a
children's aid society (Crown wards) cannot be adopted because a member of
their birth family has a court-ordered right to contact or visit them.
Currently almost 60 per cent of birth families never take advantage of that
right. Today those court orders must be terminated before a child can be
placed for adoption and there is no formal way for birth families or children
to ensure that contact will continue after the adoption.
Proposed Changes: Birth families and adoptive parents could form a
voluntary "openness agreement" that would spell out the amount and type of
contact between the child and their birth family. In other cases, a judge
could make an "openness order" so the child could continue to have some kind
of communication with a member of their birth family (for example, a sibling
or grandparent). Communication could range from an occasional card to face-to-
face visits. Note: If this legislation is passed, children and youth who are
currently in the child protection system would have to go back to court to
have their court orders terminated. This legislation would not automatically
terminate the rights of their birth families.
Providing More Options For Children And Youth
Currently: Often, if a child cannot be adopted, they have to live in
foster or group care and may move every few years.
Proposed Changes: To provide more options for those children for whom
adoption is not the answer, legislation would allow children and youth to be
placed in the custody of extended family or with a member of the child's
community or native band. A child could also be placed in the custody of their
foster parent. The children's aid society could, if necessary, support these
families through programs and services.
Finding Collaborative Solutions
Currently: When there are disputes about a child involved with a
children's aid society, most decisions must go through the courts. This
adversarial system often results in more uncertainty for the children and
youth involved.
Proposed Changes: If passed, the legislation would encourage children's
aid societies to use alternatives to court when it comes to planning who will
care for the child or how much contact a child might have with their birth
family. Less adversarial alternatives such as mediation could be used to bring
birth families, adoptive families and the child together to find a
collaborative solution.
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