Justice For Youth and Children

Family Issues:

Custody/Access

My parents are splitting up, what happens to me?

If your parents separate or divorce, either one parent will have custody of you or your parents will share custody. You will live with the parent(s) who has custody. If one parent has custody, that parent will make decisions about your welfare. If your parents share custody, they will make those decisions together.

Will I get to visit the parent I don’t live with?

A decision will be made about your visits to your family members, including your brothers and sisters that you are not living with. Decisions can also be made about visits with your grandparents. Sometimes parents work out the times that you can call them on the telephone or that they can come to see you play sports or do other activities. Contact with you is called access.

Do I get to have a say?

You have a say in custody and access decisions. Although many people will have input into the decision-making process, your wishes are important. Once you are capable of understanding the situation, you have the right to give input by expressing your wishes. As you get older these views become more important. You can have a lawyer to represent your wishes in court. The judge appoints a lawyer from the Office of the Children’s Lawyer, if the judge thinks that this is a good idea. Sometimes your parents can ask the court to appoint a lawyer for you. If a lawyer is not appointed for you, you can ask your parent to talk to their lawyer about this.

What is an assessment?

An assessment is a report prepared by a psychologist, social worker or other professional who may recommend where you should live. The assessor will meet with you and your parents, sometimes together and separately. What you say to the assessor can be put into the report. If you have questions about an assessment, a youth serving agency or lawyer can help you with this.

How old do I have to be to decide for myself where I live?

If you are 16 years of age or older, you can decide where you want to live. This may or may not involve your parents. If you are under 16 years, depending on your ability to understand the situation, your views will be heard. Some courts have recently decided to give a child the right to go to court to give his or her views on the custody, access, or support terms in custody for access to brothers and sisters even if the parents or guardians do not agree.

If you are under the age of 14 years there are laws that prevent parents form keeping you in their custody without the permission of the person who has legal custody.

What can I do to have my views heard?

The process of custody and access can be difficult for everyone. It is important to remember that you will not always get what you want. However, there are ways to get your views heard. You should also know that besides custody and access, The Children’s Lawyer can also help with problems with adoption and your rights under a will. Children’s Lawyer’s Office also provides lawyers for young people involved with the Children’s Aid Society.

You can get information about custody an access form the Office of the Children’s Lawyer, who handles these types of cases. You should contact their offices at 416-341-8000 and ask to speak with a lawyer about your situation. There are also books that have information about custody and access

Financial Support

Parental Support

Do my parents have to support me?

Your parents or guardian must make sure that you have food, clothes, and a place to live. Otherwise, they must provide enough money to get these necessities for yourself. Generally your parents must support you until you are 18 years old or as long as you are enrolled in a full-time educational program.

Your parent or guardian does not have to support you if you are 16 years or older and have left home on your own free will.

I had to leave home, do my parents still have to support me?

If you are 16 years or older and you believe that you were forced to leave home, your parents or guardian may still have to support you. For example, if you left home because you were kicked out without good reason or if you were being abused in any way, you are entitled to continued financial support. It is important to remember that your parents are expected to support you only as much as they are financially able. If your are under 16 years of age, the Children’s Aid Society may be under a legal obligation to provide support for you. So if you are out of the house and under the age of 16 you may be able to go to court to get the Children’s Aid Society involved.

How much support do my parents have to pay?

In Ontario, child support is calculated according to the Child Support Guidelines. It is based on how much your parents earn and can be increased or decreased for special circumstances. The laws that deal with financial support are complicated. You should talk to a lawyer if you need help.

Welfare

I am living on my own and my parents don’t support me, can I get welfare?

You are entitled to receive welfare benefits if you are 16 years or older. However, in Ontario, if you are 16 or 17 years old, there are specific conditions that will apply to you. You will have to show that:

a. There are special circumstances that make it impossible for you to return home.

b. You are in school or in an approved job training program full-time. The welfare worker will likely phone your parents and ask them if you can return home. You should ask a school counsellor or social worker to write a letter to the welfare worker explaining that you are on your own and in need of assistance and that despite what your parents say, it is not appropriate for you to return home.

To get welfare you can:

a. Ask for a family assessment that requires you and your family to go into counselling. Only if, your family agrees.

b. Ask that you stay in regular contact with a “responsible adult.”

What if I get turned down?

Make sure you fill out an application, even if they tell you it probably won’t be accepted. If they refuse your application, you can try to appeal the decision. You are entitled to an internal review. You have the right to an internal review of the decision. You must ask for this within ten days of receiving a decision. You should contact a legal clinic or the Social Benefits Tribunal right away.

Can I be cut off welfare?
Under the Ontario regulations, if you lose your eligibility for welfare because of unjustified absence form school, you cannot reapply for yourself until you are 18. If your benefits are cut off, you can appeal the decision. In this case, you should contact a legal clinic or the Social Benefits Tribunal. It is important to remember that you can appeal a decision to deny or terminate your benefits. Contact a legal clinic for help.

Child Abuse and the Children’s Aid Society

What is the Children’s Aid Society?

A Children’s Aid Society’s (CAS) role is to protect children under the age of 16 from harm. It also helps families take better care of their children.

A CAS worker may contact your family when there is a report about family problems that affect the care given to you or other children in you family. For example, the CAS will look into any reports that you are being physically, sexually, or emotionally abused.

How does CAS get involved with me and my family?

The CAS can help when there are problems in your family by the following:

a. Your parents and the CAS can agree to have the CAS provide temporary services for you. If you are 16 years of age or older this temporary agreement cannot happen. If you are 12 years old or older you must agree in writing to any plans under the temporary agreement. If you are 12 years old or older you can request, in writing, to have the plan reviewed or ended. You should ask a lawyer to help you with this.

b. If you, the CAS, or your parents cannot agree about whether your family needs help or about the kind of help needed, you and your family may have to go to court. A judge will decide whether the CAS will become involved with your family.

c. If you are in danger because of you family’s behaviour and you need help immediately, the CAS may take you out of your home before a court hearing takes place.

d. If you wish to have the CAS involved and you are under the age of 16, even though the CAS and your parents do not agree, you can try and force the CAS to get involved through a court order.

e. Remember! As long as the CAS gets involved with you before your 16th birthday they can stay involved past your 16th birthday, until your 18th birthday an in some cases, until your 21st birthday.

f. CAS can voluntarily agree to help out some youth aged 16 and 17. I f you and your family need help and you are 16 or 17, you can call CAS and ask for their help
with Residential Care

What is residential care?

Residential care is a group home, foster home, or another special place where you live and get care and treatment you need. In residential care you will be looked after by foster parents or staff.

How am I placed in residential care?

Your parents can put you into residential care if you are under 16 years of age and the people in charge of the place agree to take care of you. This is called a voluntary placement. Your consent is not needed.

You can also be put into residential care by Children’s Aid Society (CAS). This might happen in two ways.

a. Your parents and the CAS may agree without going to court to put you into the care of the CAS. If you are 12 years or older you must also agree. Then the CAS can put you into residential care.

b. In some situations a judge may put you into the care of the CAS. The CAS may then put you into residential care without your agreement.

I am not happy with my placement, what can I do?

If you have been put into residential care by your parents or by the CAS you may have your placement reviewed. A special group of people will listen to your case and make recommendations as to whether or not your placement is suitable. If you are under the age of 12 you will have to request a review or get someone to request a review for you. If you are 12 years old or older you have the right to have your placement reviewed.

If you do not want to be in a particular placement, that placement must be reviewed. You have the right to a second review if you are not satisfied with the recommendations of the first group. This second group has the power to transfer you, to end your placement, or to leave you in your present placement. You should speak to a lawyer about getting a review.

What are my rights when I am in residential care?

You have rights in residential care:

a. You have the right to a plan of care. This plan describes:
    • What you need,
    • What you and the staff are trying to do, and
    • How you and the staff are trying to meet your needs. You have the right to take part in making and changes to it.

b. You have the right to take part in making important decisions about your care. These decisions include medical treatment, education, religion, ending or transferring your placement.

c. You have the right to speak with and visit members of your family on a regular basis except when there is a court order which says otherwise.

d. You have the right to speak to and receive visits from your lawyer, an adult person representing you, the Ombudsman, or the Office of the Child and Family Service Advocate.

e. You have the right not to be punished physically.

f. You have the right to proper food and clothing.

g. You have the right to proper medical and dental care.

h. You have the right to proper education.

i. You have the right to participate in sports and recreation programs.

j. Within reasonable limits you a have the right to privacy and to your personal property.

k. You have the right to receive and send mail. Your mail cannot be kept from you and usually should not be read by anyone else. If the person looking after you believes that the mail you are sending or receiving is harmful to you or others, they may open it. Your mail to or from your lawyer may not be read.

l. You have the right to be told of the complaint procedure and to make complaints. You have the right to make complaints to an independent person who is not looking after you.

No matter how you end up in residential care you keep these rights. You must be told of these rights by a social worker, child care worker, or other person. If you have any questions about your residential care you should ask your worker, phone a lawyer or the Office of the Child and Family Services Advocate at 416-325-5669 in Toronto or 1-800-263-2841.