1. Effective date

1.1 - This directive is issued under s. 42 of the Child, Youth and Family Services Act, 2017 (CYFSA) and will come into effect on April 30, 2021. It replaces Directive CW 007-20, which came into effect on September 4, 2020.

2. Introduction

2.1 - Directive CW 007-20 amended Directive CW 002-19, by revising requirements for the transfer of files from Dilico Anishinabek Family Care (Dilico) to Tikinagan Child and Family Services (Tikinagan) due to the COVID-19 outbreak. In particular, Directive CW 007-20 set new deadlines for the transition of “all other files” covered under 11.3 and 11.4 of Directive CW 002-19 and directed completion of those file transfers by March 31, 2021, unless the two societies agreed to a later date.

2.2 - On March 23, 2021, Dilico and Tikinagan agreed that the deadline for the completion of the file transfers would be extended to April 30, 2021.

2.3 - On April 7, 2021, in response to the rapid increase in COVID-19 transmission across the province, the Ontario government declared a third provincial emergency under the Emergency Measures and Civil Protection Act and issued a four-week province-wide Stay-At-Home order which took effect on April 8, 2021. On April 16, the Ontario government announced that the Stay-At-Home order would be extended until May 20, 2021 for a total of six weeks.

2.4 - Dilico and Tikinagan have advised the ministry that a number of files will not be transferred by April 30, 2021, including files affiliated with Neskantaga First Nation and Mishkeegogamang First Nation. On April 26, 2021, Mishkeegogamang First Nation informed the ministry that the COVID-19 lockdown at Mishkeegogamang has affected the ability of Mamow Wee-chi-ti-win representatives to have in-person meetings with parents and care providers as part of the transfer process, and that an additional 60 days would be required to properly effect transfers of files affiliated with the children in that community.

2.5 - In order to enable meaningful family and community participation in the transfer process, the ministry is extending the deadline for the completion of file transfers to a date six weeks after the projected end of the Stay-At-Home order.

3. Revised requirements in sections 11.3 and 11.4 of directive CW 002-19

3.1 - Section 11.1 of Directive CW 002-19 addresses new referrals. Section 11.2 of that directive addresses files transferring to ongoing services following an investigation. Sections 11.3 and 11.4 address the transfer of all other files (ongoing protection, child care – temporary care agreements, temporary society care, interim society care, extended society care, customary care, kin service, Continued Care and Support for Youth (CCSY), and any other service files).

3.2 - The requirements set out in sections 11.3 of Directive CW 002-19 are now replaced by the following:

Transfer of all other files (ongoing protection, child care – temporary care agreements, temporary society care, interim society care, extended society care, customary care, kin service, CCSY, and any other service files):

11.3 The following applies to the transfer of all other files from Dilico to Tikinagan:

  1. In accordance with Standard 6, Dilico will be responsible for case management until a transfer is effective.
  2. Unless the two societies have agreed to a later date, all files will be transferred from Dilico to Tikinagan by July 1, 2021. The following steps in the transfer process will be completed on each file prior to this date:
    1. For files that do not require a court order or the involvement of a ministry Director to effect a transfer, the societies will fulfill the requirements for the transfer of files from one society to another set out in Standard 6 of the Child Protection Standards.
    2. If a court order is required to effect a transfer, the required motion will be initiated.
    3. Where a request to the Director under s. 135 of the CYFSA is necessary, Dilico will request that the Director exercise transfer powers under s. 135. If Dilico does not make these requests, then Tikinagan may request that the Director exercise transfer powers.

3.3 - The requirements in section 11.4 of Directive CW 002-19 are no longer applicable.

3.4 - For greater certainty, all other requirements set out in Directive CW 002-19 remain in place, including requirements set out in sections 11.1, 11.2 and 11.5.

Issuance of Policy directive CW 002-21: April 30, 2021

Original signed by:

David Remington
Assistant Deputy Minister
Child Welfare and Protection Division
Ministry of Children, Community and Social Services