“The following summary of the law to be applied on a status review application was set out in Catholic Children’s Aid Society v. S. (B.L.), 2014 CarswellOnt 12921 at para. 83 (Ont. S.C.J.):
a. In a status review hearing the original order is presumed to be correct. This is not a re-hearing of a previous order made.
b. The court must first determine whether the child continues to be in need of protection and as a consequence requires a court order for his or her protection.
c. The court must consider the degree to which the risk concerns that formed the basis for the original order still exist. The need for continued protection may arise from the existence or absence of circumstances that triggered the original order for protection; or from circumstances which have arisen since then. (Catholic Children’s Aid Society of Metropolitan Toronto v. M. (C.), 1994 CanLII 83 (SCC), [1994] 2 S.C.R. 165 (S.C.C.)
d. Secondly, the court must consider the best interests of the child.
e. The analysis must be conducted from the child’s perspective.
The court is governed by the provisions contained within the Child Youth and Family Services Act, S.O., 2017, Chapter 14, Schedule 1 [“CYFSA”], which came into force on April 30, 2018. Under the transitional provisions set out in section 11(1) of Ontario Regulation 157/18, a proceeding commenced under Part III of the previous legislation, the CFSA, but not concluded prior to the coming into force of the CYFSA shall continue as a proceeding under the CYFSA.
Section 114 of the CYFSA provides that where, as here, a status review application is made under section 113, a court may, in the child’s best interests:
a. vary or terminate the original order made under subsection 101(1), including a term or condition or a provision for access that is part of the order;
b. order that the original order terminate on a specified future date;
c. make a further order or orders under section 101; or
d. make an order under section 102.
Sections 101 and 102 of the CYFSA provide that where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders:
1. that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months;
2. that the child be placed in interim society care and custody for a specified period not exceeding 12 months;
3. that the child be placed in extended society care until the order is terminated under section 116 or expires under section 123;
4. that the child be placed in interim society care and custody under paragraph 2 for a specified period and then be returned to a parent or another person under paragraph 1, for a period or periods not exceeding a total of 12 months; or,
5. that one or more persons be granted custody of the child, with the consent of the person or persons.
Sections 101(2), 101(3) and 101(4) of the CYFSA require the court to consider additional factors when determining the issue of placement. These factors include whether there are any less disruptive alternatives such as community or extended family placements. The court must also consider what efforts the society has made to assist the child before intervention.
The court’s decision must take into consideration the paramount purpose of the CYFSA, as articulated in section 1(1), which is to promote the best interests, protection and well-being of children, and which takes precedence over all other considerations.
The court must also consider the additional purposes of the CYFSA, as set out in section 1(2), provided they are consistent with the best interests, protection and well-being of children.”