14/23 Parental Access under Permanent Care and Custody by Agency

Parental Access under Permanent Care and Custody by Agency -
Section 47 (2)

“Where an order for permanent care and custody is made, the court may make an order for access by a parent or guardian or other person, but the court shall not make such an order unless the court is satisfied that:
(a) a permanent placement in a family setting has not been planned or is not possible and the person’s access will not impair the child’s future opportunities for such placement;
(b) the child is at least 12 years of age and wishes to maintain contact with that person
(c) the child has been or will be placed with a person who does not wish to adopt the child; OR
(d) some other special circumstance justifies making an order for access”

Comments and Recommendations:

• Few parents are aware of this right AND even fewer children 12 years of age or older would be aware of their right under Section 47 (2) to express their desire to maintain contact with a parent or guardian or other person.

• The Act does not specify a reliable mechanism for children to be informed of their rights and reliable ways these “wishes to maintain contact” can be expressed freely to the courts. Up until 2005, the Children’s Section of the Ombusman’s office chose not implement their jurisdiction over any children in care (And we are still not convinced they are doing anything concrete). They still do not have jurisdiction over children in foster care, where most of the younger more vulnerable children are placed. And who is watching over the children of Nova Scotia who are shipped out of province and out of country to places like Utah, and other destinations in United States ? And how would these children, so far away, maintain contact with family ?