Apply for an openness order for a child who is First Nations, Inuk, or Métis

For a child who is a member of or identifies as First Nations, Inuk, or Métis, the Children's Aid Society (CAS) must consider the importance of developing or maintaining the child's connection to their bands and communities.

CAS must consider an openness agreement or an openness order to allow contact between the child and a person chosen by each of the child's bands and First Nations, Inuit, or Métis communities.

The communities or the child can apply for an openness agreement or openness order. They don't need to have access to apply.

A child can identify with more than one band or First Nations, Inuk, or Métis community.  For example, a child can be a member of one parent's Alderville First Nation and also identify with their grandparent's Bearfoot Onondaga First Nation.

When CAS intends to place a First Nations, Inuk, or Métis child who is in extended society care for adoption, CAS must give a Notice of Intention to Place First Nations, Inuk, or Métis child for adoption to both:

• the child
• a person chosen by each of the child's bands and communities

The child or a band or First Nations, Inuk, or Métis community who has been given Notice then has 30 days from the date they receive this Notice to ask the court for an openness order. CAS can also ask the court for an openness order.

How the court decides

The court makes an openness order only if:

• It is in the best interests of the child. The court must consider many things when deciding this, including the child's views, if they can say how they feel about contact or communication.
• It would help the child to develop or maintain a connection with their First Nations, Inuit, or Métis cultures, heritages, and traditions and to preserve the child's identity and connection to community.
• The child agrees to the order if they are 12 years or older.

The court also considers how the parents who may adopt the child, feel about the contact or communication.