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3.5. Temporary Care Assistance

 

Ontario Works Effective Date: April 1, 2025
Topic: Financial Assistance Eligibility    Replaces: July 1, 2009
Subject: Temporary Care Assistance Policy No. H.3.5. 

 

POLICY

Authority  OW Art: Sec. 2, 8 and 10 & OW Directives:  Dir. 3.10

PROCEDURE

  1. The Case Manager completes the application for Temporary Care Assistance in the name of the adult providing care. This application should include:
  • Application for Temporary Care Assistance Form 2
  • Consent to Disclose and Verify Information
  • Declaration for Support & Maintenance - one for each natural parent
  • Rights and Responsibility form.
  1. The Case Manager makes the decision to grant based on the application assessment. Please note that the adults providing temporary care must be willing to pursue support payments from the natural parents and any other benefit that the child may be entitled to receive (i.e. CPP, inheritance, CCTB, etc.) If the parents have the financial capability to provide, the case will be found ineligible.
  1. A written note should be obtained from the natural parents, a child welfare agency, or custody papers verifying the custody arrangement should be maintained on file. 
  1. An adult providing temporary care may also be in receipt of assistance as part of their own benefit unit.  In such cases, the child/children in temporary care are in a separate benefit unit and are not considered to be in the benefit unit of the adult caregiver.

  2. Although there is no specified period for which an adult caregiver may receive TCA on behalf of a child, Administrators must determine whether the child’s stay is temporary. Administrators should consider whether the adult caregiver has a legal obligation to support the child.

  3. An adult has a legal obligation to support a dependent where they:

    - Are the child's natural or adoptive parent
    - Have demonstrated settled intent

  4. If it has been determined that an adult has a legal obligation to support, they are not eligible for TCA.

  5. Review of TCA files should take place at least every 24 months.

OTHER CONSIDERATIONS 

  • Adults providing care are to be advised of their right to apply for Child Tax Benefits on behalf of the child. 
  • If a child has earnings, the earnings must be reported but waived. Income or assets of adults providing care are not taken into consideration if they are not on assistance in their own right. 
  • Children in Temporary care are eligible to receive mandatory health benefits.
  • If the child is in the care of a child welfare agency, Temporary Care allowance would not be granted, because assistance is already being provided. 
  • If the child has been a ward of a child welfare agency, wardship must be discharged prior to assistance being granted. Exceptional cases to be discussed with the Director of Integrated Social Services.
  • Assistance should not be reduced in situations where a child’s natural parent or legal guardian is in receipt of Ontario Works. When a child who is in need of protection is placed in temporary care, maintaining the child in the benefit unit may allow the parent to retain suitable housing for the child’s possible return. The child should remain as a dependent child in the applicant or participant’s benefit unit until a final decision is made on permanency for the child and the child’s situation becomes permanent (e.g., adoption, Crown wardship).

DEFINITION OF A CHILD IN TEMPORARY CARE

A child is in temporary care of an adult when the child is in financial need and when:

  • the child resides with an adult who does not have a legal obligation to support the child;
  • the child is expected to return to reside with his or her natural parent at the earliest opportunity; and
  • no parent or other person with a legal obligation to support the child is able to care for the child.

DEFINITION OF AN ADULT PROVIDING TEMPORARY CARE

An adult is determined to be providing temporary care when:

  • he or she is caring for a child of whom he or she is not the natural or the adoptive parent;
  • he or she has no legal obligation to support the child; and
  • he or she is not receiving compensation under the Child, Youth and Family Services Act.

ADDITIONAL INFORMATION TO DETERMINE ELIGIBILITY 

  1. What are the expectations for care? Temporary or permanent?
     
  2. Is there a plan in place for the child/ren to return to the natural parent? 
     
  3. Do you have a written agreement around the care of the child(ren) for your own protection? 
     
  4. Are the natural parents in agreement with this placement? 
     
  5. Has there been any family involvement to your knowledge, with any child welfare agency?