When a Metis child comes into care, by way of court order or through an agreement, the director must notify the Metis Commission for Children and Families of BC.
 
Below is a description of various legal orders and agreements; however, please note, this is not legal advice and does not replace consultation with a lawyer.  The information below provides general information about various legal applications the director can apply for including Interim, Temporary and Permanent Orders. 
 
In addition, children can be in care by way of agreement, Voluntary Care Agreement or Special Needs Agreement, made between the director & the parent so there is no court involvement.
 
The director must notify the Metis Commission for Children and Families of BC if they are applying for an order under the Child, Family, Community Services Act for all Metis children in BC.

Removal Status

• Child is in the care of a director (social worker) after a removal and the social worker will apply to the court for an order at the Presentation Hearing within 7 days of the removal. 
• At the Presentation Hearing, the court may grant an Interim Custody Order or an Interim Custody Order of a Person Other than a Parent under the Director’s Supervision, or an order that the child be returned to the parent either with or without the director’s supervision.

Interim or Temporary Custody of Director – children in care by court order

• Child is in the care and guardianship of a director (social worker), with the social worker exercising the rights and responsibilities of a guardian except the right to consent to the child’s adoption or if the court has ordered the parent to retain specific guardianship responsibilities.
• Parent’s guardianship is temporarily superseded by an interim or temporary custody order.
• Interim orders are made during the Presentation Hearing and the order lasts until the Protection Hearing which is usually within 45 days.
• Temporary Custody Orders are made at a Protection Hearing and may be extended at subsequent hearings. 
• There are limits to the time a child can be in temporary care which is referred to as total time in care before a social worker must seek a permanent order OR can implement a permanent plan so the child is no longer in care.  Total time in care is based on the age of the child OR based on the age of the youngest child if there is more than one child.
• Total Time in Care refers to the maximum duration of a temporary custody order and their extensions and is usually 12 months for a child under 5 years old, 18 months for a child five years to 12 years old and 24 months for a child ages 12 years and to 19 years old.

Interim or Temporary Custody transferred to a Person other than a Parent under the Director’s Supervision – children are not in care

• Child is in the care and guardianship of a person other than the parent (family member, family friend, or someone the child knows) and is under the social worker’s supervision with the person exercising the rights and responsibilities of a guardian except the right to consent to the child’s adoption or if the court has ordered the parent to retain specific guardianship responsibilities
• Parent’s guardianship is temporarily superseded by the Interim or Temporary Custody Order.
• Interim orders are made during the presentation hearing and lasts until the protection hearing which is usually within 45 days.
• Temporary Custody Orders are made at a Protection Hearing and may be extended at subsequent hearings. 
• There are limits to the time a child can be in temporary care which is referred to as total time in care before a social worker must seek a permanent order OR can implement a permanent plan so the child is no longer in care.  Total time in care is based on the age of the child OR based on the age of the youngest child if there is more than one child.
• Total Time in Care refers to the maximum duration of a Temporary Custody Order and their extensions and is usually 12 months for a child under 5 years old, 18 months for a child five years to 12 years old and 24 months for a child ages 12 years and to 19 years old.

Continuing Custody Order

• The director has sole guardianship for the child until a child reached 19, child is adopted, child marries, the court cancels the order, or the child’s custody is transferred to someone under a 54.1.

Permanent Transfer of Custody – 54.01 – Before a Continuing Custody Order

• The child was removed by the director and the court placed the child in the custody of the care providers (family member, family friend, or someone the child knows) under the director’s supervision for a period of time which is usually 6 months.
• The director applies to the court to permanently transfer custody of the child to the caregiver (family member, family friend, or someone the child knows) and the caregiver has full parental responsibilities.
• The guardians are responsible to assess what contact between the parent(s) and child is unless it is stated in an access order. 
• Parents or others may seek access to the child under the Family Law Act for contact

Permanent Transfer of Custody – 54.1- After a Continuing Custody Order

• The child was care under a Continuing Custody Order.
• The director applies to the court to permanently transfer custody of the child to the caregiver (family member, family friend, or someone the child knows) and the caregiver has full parental responsibilities.
• The guardians are responsible to assess what contact between the parent(s) and child is unless it is stated in an access order. 
• Parents or others may seek access to the child under the Family Law Act for contact

 
Voluntary Care and Special Needs Agreements – children in care by agreements

• Child is in the care of a director through an agreement signed by the parent who has custody of the child.
• The maximum total duration of Voluntary Care Agreements is 12 months for a child under 5 years old, 18 months for a child 5 to 11 and 24 months for a child age 12 to 19.
• There is no maximum total duration for Special Needs Agreements which can be renewed until age 19.