8/23 Foster Parents - Section 36 (4)

Foster Parents - Section 36 (4)

“On a hearing to review a disposition order pursuant to Section 46 or an application to terminate, or vary access under, an order for permanent care and custody pursuant to Section 48, a foster parent, who has cared for the child continuously during the six months immediately before the hearing or application’
(a) is entitled to the same notice of the proceeding as a party;
(b) may be present at the hearing;
(c ) may be represented by counsel; AND
(d) may make submissions to the court,
But shall take no further part in the hearing without the leave of the court.

Comments:

• There is concern that while the case is still before the court with family members attempting to have the child returned to the family that foster parents are being allowed to inform Children’s Aid Societies/Family and Children Services Agencies/ Department of Community Services and the court that they are interested in adopting. When this is allowed, there is concern that Children’s Aid Societies/Family and Children Services Agencies/ Department of Community Services too quickly see this as a viable option before giving proper consideration, and services, to the family - Despite the fact that the Act states that the child should be kept within the family whenever possible.