Permanent Guardianship Orders (PGO)

International CustodyThe Director of Child and Family Services may determine that a child is in need of intervention and that the child should not be returned to the care of their family within a reasonable period of time.

The Director will apply to the Court for a Permanent Guardianship Order (“PGO”) pursuant to Section 34 of the Child, Youth and Family Enhancement Act.  A PGO appoints the Director as a guardian of the child and the rights and responsibilities of the child’s guardian are terminated.  This is a final determination with respect to the child.

A PGO can be granted in Docket Court or after a Hearing.   A Court may include terms in a PGO with respect to access between the child and a previous guardian and any other person who the child is close to.

Children over the age of 12 years old must give consent to any access ordered by the Court.

Section 34 of the Child, Youth and Family Enhancement Act sets out the three part test that the Court must consider before it grants a PGO:

  • A child is in need of intervention or is subject to a temporary guardianship order; and
  • The survival, security or development of the child cannot be adequately protected if the child remains with or returns to the care of their guardian; and
  • It cannot be anticipated that the child can or should be returned to their guardian within a reasonable time.

The Court will consider whether the circumstances that caused the child to be in need of intervention have changed, whether the guardians have complied with the terms of any Supervision Order or Temporary Guardianship Order and whether services have been provided.

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