Law Times

PAGE 12 Crown wards eligible for open adoptions need lawyers FOCUS I BY JUDY VAN RHIJN For Law Times cessful Act with the hope that Crown wards in a state of limbo could receive the benefits of adoption in the future. With the cancellation of the access orders that were obstructing the process and the negotiation of openness agreements, those children are now swapping short-term pain for long-term gain. In 2012, the expert panel on t has been more than a year since the government passed the Building Families and Supporting Youth to be Suc- infertility and adoption found that children who need families, particularly older children and youth, are oſten stuck in Ontar- io' can continue. "The good news story is that not every relationship has to end, dren had to sever their history and their relationships. This change allows young people to have their full history. If the adoptive family can welcome the child' "Previously, adopted chil- s Aid Societies. point, the existence of court- ordered access to their birth families, communities or even siblings in foster care made them legally ineligible for adoption. The building families legislation changed the law so that Crown wards are legally free for adop- tion but also gave birth families the right to negotiate an open- ness agreement so that contact s child welfare system. At that been occurring since the 1980s. "In public adoption, there are an increasing number of children with open adoptions," says Pat Convery, executive director of the Adoption Council of Ontar- io, a non-profit group that assists children' families for older children. "What Bill 179 accomplished s aid societies in finding was to free up the 7,000 children who were in limbo for perma- nency through adoption. It hasn't changed the practice but it has increased the number of individual scenarios and sibling groups." director of education services at the Ontario Association of Chil- dren' " says Bernadette Gallagher, munity, the legislative change cements what had been clinical practice for about While there's no specific data, four years. Gallagher expects there to be an increase this year of about 250 to 300 adoptions over last year' s 837. "Adoption is on ev- erybody's radar. Since June 1, their lives, the child retains a sense of their roots." In fact, open adoptions have s birth family into 2011, we have been really setting the stage for the implications of a child-centred approach and getting people thinking about permanency. We have to educate caseworkers that adoption is not a one-time decision. We can go back and look at young people in care. There might be access that families aren't exercising. cating potential adoptive par- ents. "We need to change the lens and the landscape so that people coming into Ontario know that this is what adoption looks like now, educated that they don't have to be cut out of the picture. "Birth families are also being " " says Gallagher. the perception that families only want to adopt healthy babies is a myth, according to Convery. The other good news is that The association is also edu- " In the children's aid com- "Most adoptive families have a preference for older children. We don't yet have a family for every child but if we change the lens to see that these children are adoptable, I'm sure there' ily out there for everyone." a financial boost. On June 15, 2012, financial subsidies became available to eligible parents who adopt or take legal custody of Crown wards 10 years of age and older. The payments of $950 per child per month to families with a net annual income of up to $85,000 represents about 60 per cent of the average cost for foster care in Ontario. " The new regime is getting new idea," notes Virginia Row- den, director of policy at the as- sociation. "When you adopt, you get Adopting older youth is a family unit, and build a relation- ship that didn't previously exist." Convery says it' s a fam- the knowledge and skill set of adoption workers in order to ed- ucate those working in the rest of the system. She suggests that agency staff and lawyers should bring in adoption workers as consultants early in the process. However, they, too, are learn- s time to pool ing as the changes become real- ity. Adoption workers haven't necessarily dealt with such com- plicated cases before, so their processes require adaptation to contend with issues such as protection concerns, lack of re- sources, and the need to build permanent relationships with all of the parties. "No one children to be adoptable," says considered these the whole of the child and all of their history. There is not a reset button on the day you get adopted. There may be strong connections with brothers, sis- ters, aunts, uncles, and even parents. The youth clearly say that they want to keep their strong connections." Gallagher says this re- TRUST you're putting your reputation on the line. It's all about trust well placed. sponse has confirmed that the change was the right thing to do and a way to increase posi- tive outcomes. "Young people themselves are saying they like permanent connections and adoption is one way for them to achieve that. We can say that statutorily it' cally it's good, but the childrens' stories are very powerful." s good and theoreti- ers see the legal profession as important players in the process but warn that they need educat- ing, too. "Family lawyers are very cognizant about custody and ac- cess," says Convery. "But open- ness agreements are not like cus- tody and access orders. The key issues in adoption are the need to attach, to build that stable Adoption and agency work- Convery. "We need to balance their high need for care with logistics for access planning. the example of children who find adoptive parents willing to meet their special needs but who have existing relationships with someone far away. "We want ev- eryone who loves this child to keep in contact but we have to be realistic and look at more cre- ative ways to plan the adoption." Until now, parties have been " She gives draſting openness agreements on an individual basis at the very end of the adoption process. Now they need to prepare before the matter reaches the court. Gallagher expects the doc- umentation will materialize in the case law in the next 18 months. "Ideally, the order will address the age and stage the children are at now and build in some flexibility for the future. She gives the example of birth families attending sporting ac- tivities. "We don't want to say you must come every Saturday for the next 15 years but make it open for them to attend as chil- dren' " s activities change." LT ALEKS MLADENOVIC | RICHARD HALPERN | SLOAN MANDEL Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. YOUR ADVANTAGE, in and out of the courtroom. TF: 1.888.223.0448 T: 416.868.3100 W: www.thomsonrogers.com ThomsonRogers_LT_Mar12_12.indd 1 www.lawtimesnews.com MARMER PENNER INC. & BUSINESS VALUATORS LITIGATION ACCOUNTANTS MATRIMONIAL & OTHER LITIGATION SUPPORT TRAINED IN COLLABORATIVE PRACTICE FORENSIC ACCOUNTING BUSINESS VALUATION SHAREHOLDER/PARTNERSHIP DISPUTES GOODWILL IMPAIRMENT TRANSFER PRICING EXPERT TESTIMONY QUANTIFICATION OF DAMAGES 94 Cumberland Street, Suite 200 Toronto, Ontario M5R 1A3 Tel: (416) 961-5612 Fax: (416) 961-6158 2 Bloor Street West, Suite 2603 Toronto, Ontario M4W 3E2 Tel: (416) 961-5612 Fax: (416) 961-6158 Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com 12-03-05 10:52 AM armer_LT_Nov5_12.indd 1 12-10-30 4:48 PM November 5, 2012 • Law Times

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