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  • CFS demanding money

    HEllo again. I am writing for a friend who has a child that has left parentel control. The child has not lived at home for over a year, and is now part of "independent living" arrangements under Child and Family Services. The child is now 17 years old. CFS is demanding money from the parents who are now divorced. Can CFS legally do this? IF a child acts up and refuses to live by reasonable rules at home, and decides to leave and let the government pay for them, why should the parents have to pay for this new free-wheeling lifestyle? Especially when the child has acted extremely irresponsibly during and after living at home.

    Thanks for any input.

  • #2
    Taylor,

    HEllo again. I am writing for a friend who has a child that has left parentel control. The child has not lived at home for over a year, and is now part of "independent living" arrangements under Child and Family Services. The child is now 17 years old. CFS is demanding money from the parents who are now divorced. Can CFS legally do this? IF a child acts up and refuses to live by reasonable rules at home, and decides to leave and let the government pay for them, why should the parents have to pay for this new free-wheeling lifestyle? Especially when the child has acted extremely irresponsibly during and after living at home.
    If your in Ontario, the family Law Act applies for support obligations and the law is pretty clear on support of children who have withdrawn from parential control.

    See the respective Act

    http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK34

    Section 31(1)

    31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.

    Idem

    (2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).

    However, FCS, is regulated by the Child and Family Services Act, R.S.O. 1990, c. C.11

    http://www.e-laws.gov.on.ca/DBLaws/S...c11_e.htm#BK45

    see sections 31 - 33 of the respective act

    Sixteen and seventeen year olds

    Society agreements with sixteen and seventeen year olds

    31. (1) A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the society having jurisdiction where the child resides, may with a Director’s written approval make a written agreement for the society’s provision of services to meet the child’s special need.

    Idem: special needs agreement with Minister


    (2) A child who is sixteen years of age or older and is not in the care of his or her parent and has a special need, and the Minister, may make a written agreement for the Minister’s provision of services to meet the person’s special need.

    Contents of agreements

    (3) An agreement made under subsection (1) or (2) shall contain the prescribed provisions.

    s. 29 (10) applies

    (4) Subsection 29 (10) (variation) applies to an agreement made under subsection (1) or (2). R.S.O. 1990, c. C.11, s. 31.

    Expiry and Termination of Agreements

    Agreement expires at eighteen

    32. No agreement made under section 29, 30 or 31 shall continue beyond the eighteenth birthday of the person who is its subject. R.S.O. 1990, c. C.11, s. 32.

    Notice of termination of agreement

    33. (1) A party to an agreement made under section 29, 30 or 31 may terminate the agreement at any time by giving every other party written notice that the party wishes to terminate the agreement.

    lv

    Comment


    • #3
      Hello. Thanks for the response. I was hoping that that was the answere. Thanks again for the direction.

      Comment

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