1 - Effective date

1.1 - This directive is issued under s. 42 of the CYFSA and is effective September 4, 2020. As of this date, Policy directive CW 002-20 will no longer be in effect.

2 - Introduction

2.1 - As a result of the provincial emergency and COVID-19 outbreak, on May 5, 2020 the ministry issued Policy directive CW 002-20 temporarily suspending certain requirements set out in Policy directive CW 002-19 concerning timelines for the transition of child and family services in the District of Thunder Bay. The ministry determined that it was necessary to temporarily suspend certain transition requirements in order to allow the societies to focus on maintaining critical services to vulnerable children, youth and families.

Northwestern Ontario has entered Stage 3 of Phase 2 of Ontario’s Framework for Reopening Our Province. The ministry will continue to monitor developments in the child welfare sector during the outbreak. In light of updated circumstances surrounding COVID-19, the ministry is setting out revised requirements for the transition of files.

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

3.1 - Section 11.1 of Policy 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, CCSY, and any other service files).

The requirements set out in sections 11.3 and 11.4 of Policy directive CW 002-19 are now replaced by the following:

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. Transfers from Dilico to Tikinagan will be grouped by First Nation, unless otherwise agreed to by the two societies. Dilico and Tikinagan have agreed to a transfer order of First Nations. Unless otherwise agreed to by Dilico and Tikinagan, transfers follow this transfer order of First Nations.
  3. Beginning on September 11, 2020, Dilico and Tikinagan will hold case conferences for each child and family served by Dilico, who under section 8 or 9 will be served by Tikinagan. These case conferences will be sequenced according to the transfer order of First Nations.
  4. For each file that will be transferred, Dilico and Tikinagan will make reasonable efforts to determine schedules for:
    1. fulfilling the requirements for transferring the file, as set out in Standard 6 of the Child Protection Standards
    2. initiating any motions required to transfer court files
    3. submitting any necessary requests for the Director to exercise transfer powers under s. 135 of the CYFSA
    The two societies will finalize these schedules by no later than November 2, 2020, unless they agree on a different date for finalizing the schedules.
  5. Unless the two societies have agreed to a later date, if these schedules have not been finalized by November 2, 2020, then the files will be transferred as follows:
    1. For the purposes of this subsection, the “total volume of files” refers to the total number of files to be transferred from Dilico to Tikinagan, as calculated on August 31, 2020.
    2. The following steps in the transfer process will be completed on each file prior to the deadlines identified below in 11.3(5)(c)-(g):
      1. For files that do not require a court order or the involvement of a ministry Director to affect 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 affect 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. By November 27, 2020, not less than 15% and not more than 25% of the total volume of files will be transferred to Tikinagan.
    4. By December 30, 2020, a further grouping of files accounting for not less than 15% and not more than 25% of the total volume of files will be transferred to Tikinagan.
    5. By January 29, 2021, a further grouping of files accounting for not less than 15% and not more than 25% of the total volume of files will be transferred to Tikinagan.
    6. By March 1, 2021, a further grouping of files accounting for not less than 15% and not more than 25% of the total volume of files will be transferred to Tikinagan.
    7. By March 31, 2021, any remaining files will be transferred to Tikinagan.

11.4 - The following applies to the transfer of all other files from Thunder Bay CAS to Tikinagan:

  1. In accordance with Standard 6, Thunder Bay CAS will be responsible for case management until a transfer is effective.
  2. Beginning on September 11, 2020, Thunder Bay CAS and Tikinagan will hold case conferences for each child served by Thunder Bay CAS, who under section 8 or 9 will be served by Tikinagan.
  3. For each file that will be transferred, Thunder Bay CAS and Tikinagan will make reasonable efforts to determine schedules for:
    1. fulfilling the requirements for transferring the file, as set out in Standard 6 of the Child Protection Standards
    2. initiating any motions required to transfer court files
    3. submitting any necessary requests for the Director to exercise transfer powers under s. 135 of the CYFSA
  4. Unless otherwise agreed to by the two societies, the following steps in the transfer process will be completed on each file prior to December 7, 2020:
    1. For files that do not require a court order or the involvement of a ministry Director to affect a transfer, the two 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 affect a transfer, the required motion will be initiated.
    3. Where a request to the Director under s. 135 of the CYFSA is necessary, Thunder Bay CAS will request that the Director exercise transfer powers under s. 135. If Thunder Bay CAS does not make these requests, then Tikinagan may request that the Director exercise transfer powers.

3.2 - For greater certainty, all other requirements set out in Policy directive CW 002-19 remain in place, including the requirements set out in sections 11.1, 11.2 and 11.5.

Issuance of Policy directive CW 007-20: September 4, 2020

Original signed by:

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