Age of protection
Amendments to the Child and Family Services Act (CFSA) came into effect on January 1 2018. These amendments pertained to the delivery of child protection services for 16 and 17 year old youth in need of protection. On April 30 2018, the CFSA was replaced by the new Child, Youth and Family Services Act (CYFSA).
Key changes to the age of protection include:
- 16 and 17 year olds may be found to be in need of protection on the same grounds for protection as other children; the Ontario Eligibility Spectrum will be applied to make this determination, as it the case for all children and youth
- Service is based on agreement: A Society may provide a service to a person who is 16 years of age or older only with the youth’s consent
- The youth can refuse service: It is not possible to bring 16 and 17 year olds to a place of safety unless they are the subject of a supervision order (temporary or final) and consent to it
- Youth have direct access to legal advice before entering into a service agreement (Voluntary Youth Service Agreement or VYSA) with a Society
- Temporary Care Agreement (child in care) and Voluntary Youth Services Agreements (child not in care) are provided only if there is no other less intrusive courses of action available
- Court applications can be applied for in exceptional circumstances; it will be possible for a Society to choose to bring a Protection Application with respect to a 16 or 17 year old
MCYS resources
- Protection services for 16-17 year olds: Information for youth-serving agenciesFact sheet for youth-serving agencies.
- Policy Directive: CW 003-18 - Protection services for 16-17 year oldsThis policy directive came into effect on April 30, 2018, and replaces CW 003-17 Protection Services for 16-17 Year Olds, which came into effect on January 1, 2018.
- Policy Directive: CW 003-17 - Questions and answersFAQ related to protection services for 16 and 17 year olds.
- Financial entitlements for youth in a VYSAOne-pager on the Ontario Child Benefit Equivalent (OCBE) and Registered Education Savings Plans (RESPs) for youth in a Voluntary Youth Services Agreement (VYSA)
- Registered Education Savings Plan (RESP): A fact sheet for youth in a Voluntary Youth Services Agreement (VYSA)Information for youth in a VYSA, who have the option of having CAS staff establish an RESP or open a savings account on their behalf.
- Registered Education Savings Plan (RESP): A fact sheet for Children’s Aid Society staffInformation for CAS staff related to the RESP policy directive.
- Registered Education Savings Plan (RESP) for children or youth in care: A fact sheet for caregivers of a child or youth in care aged 0 to 17Information related to the RESP policy for caregivers of a child or youth in the care of a Children’s Aid Society.
- Voluntary Youth Services Agreement (VYSA) templateTemplate for a Voluntary Youth Services Agreement (VYSA) that youth aged 16 or 17 can enter into with a CAS for services and supports.
- Notification to the Office of the Children's Lawyer under the Child and Family Services Act of services for 16 and 17 years oldsTemplate for CAS staff to use. When a CAS determines that a youth is in need of protection and is considering a VYSA, a kinship service placement, a Temporary Care Agreement, or seeking a court order to bring the youth into the society’s care, a referral is to be made to the Office of the Children’s Lawyer. If a youth is in a VYSA and a termination notice is received or issued by a CAS, the CAS is also required to notify the OCL of the plan to terminate the agreement.
