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What are the laws in Ontario for child abandonment if the child

Resolved Question:

What are the laws in Ontario for child abandonment if the child is 13 years old and what's the process for parental termination
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.

Debra Thal (username) :

Please explain the basic facts first.

Debra Thal (username) :

Thanks

Customer:

The father had a stroke, where the child resided full time, and he's no longer able to care for the child. Since the stroke, this child has been living with me, full tim. He has many behavioural disabilities, requiring 24-hour supervision and has assaulted me. I've been in touch with children's services to find an alternate residence and would like to give up my parental rights.

Debra Thal (username) :

I am so sorry.

Debra Thal (username) :

Are you the biological mother>

Debra Thal (username) :

?

Customer:

No, he is adopted

Debra Thal (username) :

By you?

Customer:

by the father & myself

Debra Thal (username) :

OK

Debra Thal (username) :

So the CAS is not going to be very happy about this.

Debra Thal (username) :

You will need to really stick up for yourself.

Debra Thal (username) :

You can call and make a report.

Customer:

i did have a meeting with them but they are looking into how they can help, if at all

Customer:

make a report with who?

Debra Thal (username) :

Say what is happening and indicate that you cannot safely care for the child.

Debra Thal (username) :

I know.

Debra Thal (username) :

The CAS.

Debra Thal (username) :

You have to say you do not want help.

Debra Thal (username) :

You have to say that you cannot keep him say and that he is in danger because you cannot control him.

Customer:

I have made a report with them and I did advise them I don't want counselling, I need him out of my house

Debra Thal (username) :

And you have to say that they need to apprehend him.

Debra Thal (username) :

Call again and say it's essential at crisis level and they need to come and take him.

Customer:

they said they don't want to take him right away, they want to find the 'right' place for him

Debra Thal (username) :

They don't want to but ultimately they will.

Debra Thal (username) :

Tell them he must be placed in a foster home now.

Debra Thal (username) :

There are foster parents that will take him now.

Debra Thal (username) :

They do short term fostering.

Customer:

can i be charged with abadonment?

Debra Thal (username) :

Not if you insist they take him.

Debra Thal (username) :

You are not abandoning him.

Customer:

CAS has said he doesn't fit in a family environment due to the requirement for 24 hour supervision

Debra Thal (username) :

You just cannot do what is needed.

Debra Thal (username) :

Then he needs to be in a group home or some other governmental institution and there are lots of them.

Debra Thal (username) :

They don't want to fund this but they will have to.

Debra Thal (username) :

The have jurisdiction over him for three more years so they need to do this.

Customer:

okay, thank you for your help

Debra Thal (username) :

You are welcome.

Debra Thal (username) :

I hope you can work this out quickly.

Customer:

so do i. thanks again

Debra Thal (username) :

You are very welcome.


 


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Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85899
Experience: Lawyer
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