1.5.6 Removing Foster Children

This section contains provincial policy and standards pertaining to removal of a foster child from a foster home or a place of safety. A place of safety parent is able to appeal the removal of a child from their home if they have signed the Application to Operate and Maintain a Children’s Foster Home within one month of the initial placement of the child and the child has remained in their home for 180 days.  It applies to child and family services agencies and their mandating authorities, as well as to caregivers.

• Legislation

  The Child and Family Services Act

  Subsection 2(1) of The Child and Family Services Act (the Act) defines best interests of a child and lists criteria that must be considered in making a decision about a child. Other than proceedings to determine whether a child is in need of protection, the best interests of a child must be the paramount consideration. Subsection 8(1) requires foster homes to be licensed.

  Section 51 of the Act pertains to the removal of a child in care from the person with whom the child was placed.

  • Subsection (1) gives agencies the authority to remove a foster child if considered in the child’s best interests to do so.
  • Subsections (3) and (4) give foster parents a right to request a review of a decision to remove a child by the executive director of the agency and reconsideration by the chief executive officer of the mandating authority. This must be done in accordance with the regulation.

  Foster Parent Appeals Regulation

  The Foster Parent Appeals Regulation sets out the procedures and timelines for removing a child under section 51 of the Act. The following table highlights procedures and timelines for foster parents, the placing agency and the agency’s mandating authority.

  Procedures and Timelines for Removal of a Child from a Foster Home

  Section	Provision	Timeline
  3	Foster parents may object to a decision to remove a foster child by filing a written request for a review with the executive director of the agency.	12 days
  4(1)	The executive director must offer the foster parents, in writing, an alternative process to resolve their dispute with the agency.	7 days
  4(1.1)	The foster parents have up to 15 days from the day they receive the offer of an alternative process to advise whether they agree to the process.	15 days
  4(2)	Foster parents and the agency may resolve their dispute through an alternative process. If not, either party may advise the executive director accordingly.
  5	The executive director must review the decision to remove the foster child if the foster parents did not agree to an alternative process or it was unsuccessful or the time line (4(1.1)) has expired. The executive director must give a copy of the decision to the foster parents and the agency’s mandating authority.	7 days
  6(1)	If not satisfied with the decision of the executive director, foster parents may request, in writing, a reconsideration by the senior executive officer of the agency’s mandating authority.	7 days
  6(2)	The agency must send agency and other records used by the executive director in making a decision to the mandating authority.	7 days
  6(3)	The senior executive officer of the authority must make a decision and give a copy to the foster parents.	30 days

   

  Counting Days

  When counting days count ‘calendar’ days as per Manitoba’s Interpretation Act, C.C.S.M. c. 180.

• Policy

  Reasons for Removing a Foster Child

  There are three primary reasons for removing a child:

  • immediate safety of a child cannot be addressed (i.e. abuse allegations)
  • placement with family or extended family is available. Section 1.4.1 Placement Priority should be consulted
  • foster parents refusal or inability to adhere to the child in care plan that is ensuring family, cultural and best interest of the child

  A decision to remove a child from a placement must be based on the best interests of the child.
  Foster parents have a right to request a review of a placing agency’s decision to remove a foster child and a reconsideration of an agency’s decision by its mandating authority.

  Section 51 does not apply when a foster parent does not object to the removal of a child. Appropriate reasons for removing a child include but are not limited to the following:

  • Foster parents are no longer able to care for a foster child for personal or family reasons.
  • A foster child has special needs that require more intensive care and supervision than a foster home can provide even with additional support and respite services.

  An agency has concerns about the care a specific foster child is receiving despite open communication with and support to the foster parents. Wherever possible all removals from a foster home should be planned.  Unless there are child protection concerns that necessitate immediate removal, pre-planning and involvement of the licensing agency, the foster home and children in care are essential in reducing the need for abrupt moves of children from foster homes.

  Alternative Dispute Resolution

  Alternative Dispute Resolution (ADR) is a non-adversarial way of resolving disputes. It is an alternative to resolving a dispute through an administrative or adjudicative process. It looks at needs, interests, and solutions, and can promote healing. It must be voluntary, timely, confidential, balanced, fair and respectful.

  Section 4(1) of the Foster Parent Appeals Regulation requires an agency to offer alternative dispute resolution (ADR) in writing within seven days of receiving a request from a foster parent to review a decision to remove a child. Agencies are required to have written ADR policies and procedures developed in consultation with their mandating authorities. The regulation supports agencies and mandating authorities to employ culturally appropriate approaches to ADR.

  Adhering to Reasonable Timelines

  The standards in this section require reasonable response times. The reasons for any delays must be documented and communicated.

  When there is a delay caused by an agency, a foster parent has the option of filing a complaint to the agency’s mandating authority under clause 4(1) (f) of the Act (Section 1.7.3, Complaint Review Process ). To comply with the regulation, foster parents are required to submit requests for reviews and reconsiderations in writing.

  Relevant Records

  Relevant records are limited to records that are associated with and used to support the decision to remove the child and/or the appeal. This would include:

  • case notes leading to the decision to remove the child
  • letter given to the foster parent notifying them of the decision to remove
  • most recent child-in-care case plan
  • investigation results
  • letter from the authority upholding the agency’s decision

  Agency and authority staff must redact all information as necessary.

  Placing Agency Responsibilities

  Informing Foster Parents – When serving notice on foster parents under subsection 2(2) of the regulation, placing agencies must inform them on how to initiate reviews, reconsiderations and appeals and where to send written requests and appeals.

  Informing and Involving Managing Agencies – When the foster home is managed by another agency the placing agency must inform the managing agency of its decision and involve the managing agency as necessary in planning for the removal.

  Informing and Involving Licensing Agencies – When the foster home has been licensed by another agency, the placing agency must provide information on its decision and the outcome to the licensing agency immediately. It is the responsibility of the licensing agency to consider whether a review of the foster home licence is indicated.

  Managing Agency Responsibilities

  When a foster home is managed on behalf of a licensing agency responsibilities of the managing agency regarding the removal of a foster child include the following:

  • identifying concerns regarding the care and supervision of a child and reporting them to the placing agency
  • participating in the alternative dispute resolution process at the request of the placing agency or foster parents
  • participating in reviews, reconsiderations and adjudications at the request of the placing agency or foster parents

  Suspending or Cancelling a Foster Home Licence

  Foster parents have a right to appeal a decision to remove a child under section 51 of the Act and the Foster Parent Appeals Regulation without fear of their licence being suspended or cancelled.

  Suspension or cancellation of a foster home licence should not be considered unless the child is found to be in need of protection, abuse has been substantiated or section 15 of the Foster Homes Licensing Regulation applies.  The decision to remove a foster child is a separate process specific to the best interests of the child.

  At the point a foster home licence is suspended or cancelled, section 51 of the Act no longer applies as the foster home is no longer licensed.

• Standards

  1. Deciding to Remove a Foster Child – The case manager shall:
  • complete documentation about intent to move the child and provide it to foster parent
  • complete the following, preferably with the active involvement of the caregiver(s) and, when appropriate, involvement of the child:
    • review and assess the child’s progress in the foster home
    • amend the child’s care plan any time a foster home placement move is proposed
    • meet with their supervisor and when applicable, foster care worker or coordinator to review the updated assessment and amended care plan to arrive at a decision

  If a child has to be removed due to safety concerns, a care plan must be in place within 30 days. The care plan should reference the reason for the move. The amended care plan is approved and signed off by the case manager and the supervisor. 

  If the decision is to proceed with removing the child, the case manager prepares the documentation required under subsection 2 of the Foster Parent Appeals Regulation.

  2. Contents of Amended Child Care Plan – An amended care plan includes at minimum:
  • explanation in writing on how the intended removal  is in the best interest of the child
  • the appropriateness of moving the child
  • placement priorities, as outlined in section 1.4.1 Placement Priorities 
  • if the decision is to move the child an overview of the proposed new placement and impact on the child

  The agency may, based on the best interests of the child, share the care plan with the child, the child’s family or caregiver, and/or other collaterals, in accordance with subsection 76(3) of the Act.

  3. Agreeing to Alternative Dispute Resolution (ADR) – When a placing agency offers an alternative process to resolving a dispute regarding the removal of a foster child, foster parents make a decision to accept or reject the offer within 15 days from the date it is received.

     If the foster parent rejects the alternative dispute resolution option, the reasons the foster parent decided not to use ADR is documented in the file.
  4. Reporting Results of ADR – If a dispute between foster parents and a placing agency regarding a decision to remove a foster child is not resolved successfully the person who chaired the ADR process reports the results in writing to the executive director of the agency and the foster parents within five working days from the date the parties agree to discontinue the process.
  5. Recording Decision to Remove Foster Child – When a decision is made to remove a foster child, the case manager records the reasons for, actions taken and outcomes and why the removal is in the best interest of the child.  When applicable, the case manager notifies the person or agency responsible for licensing the home of the reasons and outcomes.
  6. Tracking Reviews, Reconsiderations and Appeals – The agency maintains an administrative record to monitor and track the progress of a request from foster parents to review a decision to remove a child. The record is used to:
  • ensure timelines required under section 51 of the Act, the Foster Parents Appeal Regulation and the standards in this section are followed
  • when applicable, document steps taken to resolve the issue through alternative dispute resolution and the results of the process
  • when applicable, assist in the preparation of documents required by the agency’s mandating authority to reconsider the agency’s decision
    
  7. Reconsideration by Mandating Authorities – When foster parents submit a written request to an agency’s mandating authority pursuant to section 6 of the Foster Parent Appeals Regulation, the senior executive officer of the authority makes a decision in accordance with subsection 51(4) of the Act and gives a copy of the decision, with reasons, to the foster parents and the agency within 30 days from the date the written request was received.

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