Custody Situations

In situations where parents are separated or divorced, KCF cannot follow a parent’s request NOT to release a child to the other parent without a court order that says the other parent cannot see the child. A court order may also state what days and times the parent can see the child.

If a parent asks program staff not to release a child to the other parent but does not have a court order indicating this, program staff will, follow these steps:

• Tell the parent that you cannot stop the other parent from picking up their child, unless you see a court order that says this. Only a court of law can take away a parent’s right to be with their child.
• If the parent is still concerned that the other parent may come, ask that the child not remain in care until this is sorted out.

If there is a court order with instructions with which days each parent has and the parents want to switch days, a written note must be provided to the program staff indicating who is picking up on which day ahead of time. If a parent comes to pick up the child on a different day, program staff will follow these steps:

• Inform the parent who has come to pick up the child that you must call the other parent to make sure that it is okay to release the child.
• Call the parent who is supposed to pick up the child on that day. Ask for permission to release the child to the other parent. You must get an email / text message permission note or a message on the voice mail from this parent agreeing to the change. Do not release the child until you receive the email /text or phone message.
• If the parent insists on taking the child without permission, or begins to get upset, angry, or threatening in any way, release the child to them and call the police or 911. Inform the supervisor/designate as soon as the parent begins to get upset/threatening.
• If you know that there is a restraining order, condition of bail, or prohibition order that does not allow the person to be near the child, call the police immediately when that person arrives at the centre. You cannot let a parent visit a child if you know there is a court order against this, even if the other parent says it is okay.
• Call Children’s Aid Society if the child tells you that someone who is not allowed to be near the child has been visiting or seeing the child.
• Notify your supervisor that you have made the call.

Where a child has not been picked up as expected (before centre closes)

• Where a parent/guardian has previously communicated with the Program Staff a specific time or timeframe that their child is to be picked up from care and the child has not been picked up, the Program Staff shall contact the parent/guardian by a phone call and advise that the child is still in care and has not been picked up. 
• Where the Program Staff is unable to reach the parent/guardian, they must call again and leave a message for the parent/guardian.  Where the individual picking up the child is an authorized individual and their contact information is available, the staff shall proceed with contacting the individual to confirm pick-up as per the parent/guardian’s instructions or leave a voice message to contact the centre.
• Where the Program Staff has not heard back from the parent/guardian or authorized individual who was to pick up the child, the staff will wait until the program closes and then refer to procedures under “where a child has not been picked up and program is closed”.

Where a child has not been picked up and the centre is closed

• Where a parent/guardian or authorized individual who was supposed to pick up a child from care and has not arrived by 6:00 p.m., program staff shall ensure that the child is given an activity, while they await their pick-up.
• One staff shall stay with the child, while a second staff proceeds with calling the parent/guardian to advise that the child is still in care and inquire their pick-up time.  In the case where the person picking up the child is an authorized individual; the staff shall contact the parent/guardian first and then proceed to contact the authorized individual responsible for pick-up if unable to reach the parent/guardian.
• If after 15 minutes and the staff is unable to reach the parent/guardian or authorized individual who was responsible for picking up the child, the staff shall contact the authorized individuals listed on the child’s file. The child will be provided with a snack while waiting. Staff will notify the Supervisor/Executive Director or designate. If an alternate pick-up person is available to pick up, staff will confirm their identification before the child is released. Staff will leave a message on the parent’s telephone to let them know who has picked up their child and at what time this occurred.
• Where the staff is unable to reach the parent/guardian or any other authorized individual listed on the child’s file (e.g., the emergency contacts) by 7:00 p.m., the staff shall proceed with contacting the local Children’s Aid Society (CAS) (905) 895-2318or 1-800-718-3850.  Staff shall follow the CAS’s direction with respect to next steps.
• Staff will leave their name and phone number if they get an answering machine at CAS. Once the Children’s Aid worker calls back, staff will tell the Children’s Aid worker that they are calling from Kids Come First and that the staff have been unable to reach anyone to pick up the child. Staff will follow the Children’s Aid Worker instructions which may include calling the Police.
• Staff will wait for a Children’s Aid worker to arrive. This may take several hours. Staff will not go out or drive the child anywhere. When a Children’s Aid worker or police officer arrives at the centre, the staff will ask for identification before letting them in.
• If the parent/authorized individual arrives before the Children’s Aid worker arrives, release the child. Call Children’s Aid to report when the child was picked up. Also, let the Children’s Aid Society know the reason given as to why the parent was late.
• Document the incident in the communication book.

Note: Do not follow this procedure if the parent has given you a reasonable explanation for being late. An example of a reasonable explanation would be there was a bad accident on the road and the parent is stuck in traffic.

Dismissing a child from care without supervision procedures

Staff will only release children from care to the parent/guardian or other authorized adult. Under no circumstances will children be released from care to walk home alone.

Glossary

Individual authorized to pick-up/authorized individual: a person that the parent/guardian has advised the child care program staff in writing can pick-up their child from care.

Licensee: The individual or corporation named on the licence issued by the Ministry of Education responsible for the operation and management of the child care centre and home child agency.

Parent/guardian: A person having lawful custody of a child or a person who has demonstrated a settled intention to treat a child as a child of his or her family.

Name of Child Care Centre: Kids Come First Child Care Services

Date Policy and Procedures Established: December 15, 2023

Date Policy and Procedures Updated:  March 2024

Updated April 23, 2024