What is the statutory pathway on a disposition hearing involving a native child or a potential custody order?

The statutory pathway on a disposition hearing (not involving a native child or a potential custody order) was recently set out by Perkins J. in C.A.S. of Toronto v. T.L. and E.B., 2010 ONSC 1376 as follows: 1. Determine whether the disposition that is in the child’s best interests is return to a party, with or without supervision. If so, order the return and determine what, if any, terms of supervision are in the child’s best interests and include them in the order. If not, determine whether the disposition that is in the child’s best interests is society wardship or crown wardship. (Section 57.) 2. If a society wardship order would be in the child’s best interests, but the maximum time for society wardship under section 70(1) has expired, determine whether an extension under section 70 (4) is available and is in the child’s best interests. If so, extend the time and make a society wardship order. If not, make an order for crown wardship. 3. If a crown wardship order is to be made, and a party has sought an access order, determine whether the relationship between the child and the person who would have access is both meaningful and beneficial to the child (section 59 (2.1) (a)). If not both meaningful and beneficial, dismiss the claim for access. If so, go to the next step. 4. Determine whether the access would impair the child’s future opportunities for adoption (section 59 (2.1) (b)). If so, dismiss the claim for access. If not, go to the next step. 5. Determine whether an access order is in the child’s best interests. If not, dismiss the claim for access. If so, make an access order containing the terms and conditions that are in the child’s best interests (section 58.)