Permanent Transfer of Custody of a Child to Someone Familiar in BC

If the child or youth has lived outside of their parent’s home and it is determined that it is not possible for them to return to their parent's care, an alternate, more permanent plan is created for long‐term stability, which could include transferring custody to the care provider by adoption or a custody order.

• Learn more about out-of-care and permanency options
• Find out about the adoption process

The permanent transfer of custody and guardianship is done only with the consent of:

• The proposed guardian
• The child or youth (if they are 12 years of age or older)
• The parents, if the application for a permanent transfer of custody order follows an Extended Family Program agreement

Everyone involved is advised to consult with legal counsel before consenting to a permanent transfer of custody order.

Conditions: Unless an exception is made in the child's best interests, they must have been living with the proposed guardian for at least six consecutive months under an Extended Family Program agreement, or an out-of-care court order prior to making application for permanent transfer of custody order.

Before the court can grant the permanent transfer of custody order, the proposed guardian must participate in an assessment of their readiness, capacity and commitment to permanently care for the child – including up-to-date prior contact and criminal record checks on themselves and everyone living in the home who are 18 years of age or older.

Guardian’s responsibilities: When a permanent order is granted, the care provider becomes the child's permanent legal guardian and is expected to care for and raise the child in the way that is expected of all responsible parents – making sure they have the following needs met:

• Safety and security
• Emotional support
• Proper food, nutrition and clothing
• Medical attention
• Support with their education/schooling
• Cultural and spiritual guidance
• Legal and financial protection

Financial support: The care provider may receive monthly financial support for the child or youths care. Effective July 1, 2023, the financial support is as follows:

The guardian assumes responsibility for the child’s or youths medical, dental and optical coverage and care. Low income families can get help with cost of basic dental care and prescription eyewear for their children. Eligible clients include dependent children or youth under 19 years of age who receive Medical Services Plan premium assistance.

• Dental care and eyeglasses for kids

If a child or youth has significant functional support needs, they may also be eligible to receive enhanced supports, if these supports are not available through other sources.

• (NEW RESOURCE April 2023) Enhanced Out-of-Care Support Agreements Eligibility Information (PDF)

Estates, inheritance, status and rights: The transfer of custody also includes guardianship of the child or teen’s estate – it does not affect the child’s pre-existing inheritance or succession to property rights. The child's Indigenous rights or privileges will not be impacted.

Being a guardian does not have the same legal impact for estate purposes as an adopted child. This means that a child or teen will not automatically have any claim to their guardian’s estate, unless they were specifically named as a beneficiary in a will. Guardians also do not have any claim to the child or teen’s estate if they were to die – their natural or adoptive parents would have legal entitlement to the estate.

Access orders and future legal matters: Any existing access orders end when permanent kinship care is granted. New access orders may be applied for by parents, grandparents and others when the permanent transfer of custody is applied for or under at a later date. Once custody has been transferred, any future legal matters related to guardianship fall under the Family Law Act.