Initial Custody Hearings
If the Director does not return an apprehended child to their guardians within 2 days of apprehension, they must decide how involved they need to be with the child. The Director must apply to the Court for a Supervision Order, a Temporary Guardianship Order or a Permanent Guardianship Order. The Director must also apply for an Order to keep the child in their custody until that application is heard.
That application is for Initial Custody pursuant to Section 21.1 of the Child, Youth and Family Enhancement Act. The hearing for Initial Custody must be held within 42 days of the first court date.
At the Initial Custody Hearing the Court has two options: they can order the child be returned to the care of their guardians OR they can order that the child remain in the care of the Director of Child and Family Services.
If the Court orders that the child will remain in the care of the Director of Child and Family Services, the Court can also make an order for access between the child and their guardians or other significant people, i.e. siblings or grandparents. As well, the Court can order that an assessment of the child and the child’s guardians be done.