Person of Sufficient Interest vs Custody in Saskatchewan: Which Path to Choose
Relatives raising a child in Saskatchewan face a fork in the road: pursue a Person of Sufficient Interest (PSI) order through the child protection system, or get a private parenting order through the Court of King's Bench. The two paths look similar from the outside — both give you legal authority over the child — but they lead to very different financial outcomes. A third option, informal care with no court order at all, is the most common and the least financially supported.
The Three Arrangements Compared
Informal care (no order): You are raising the child without any legal documentation. Biological parents retain all legal rights. You have no formal authority over the child's medical care, schooling, or travel. Financially, you can apply for the Canada Child Benefit and general provincial benefits (SIS, SEI), but you receive nothing from the Ministry of Social Services.
PSI order (Child and Family Services Act, Section 37): The child was found in need of protection and the court placed them with you through the child welfare system. You become the child's legal guardian. You receive monthly maintenance at the foster care rate, tax-free and non-means-tested, plus supplementary health coverage and other allowances. The trade-off: the CCB is unavailable because the Ministry claims the federal Children's Special Allowance.
Private parenting order (Children's Law Act, 2020): You applied to the Court of King's Bench for decision-making responsibility. You have legal authority over the child, but the order generates no provincial maintenance payments. You rely on the CCB (income-tested), SIS, SEI, and any child support ordered against the biological parents.
Financial Comparison
| Support | Informal | PSI Order | Parenting Order |
|---|---|---|---|
| PSI maintenance (foster rate) | No | Yes | No |
| Canada Child Benefit | Yes | No | Yes |
| Saskatchewan Income Support | Yes | Yes (for caregiver) | Yes |
| Saskatchewan Employment Incentive | Yes | Yes | Yes |
| Family Health Benefits | Yes (income-tested) | Supplementary Health (richer) | Yes (income-tested) |
| School/holiday allowances | No | Yes | No |
| Special needs funding | No | Case-by-case | No |
For most caregivers, the PSI path provides significantly more financial support. But you cannot choose it — it requires child protection involvement. The Ministry must determine the child is in need of protection before a PSI order is possible.
Who Can Get a PSI Order
You cannot walk into court and ask for a PSI order on your own. The process requires:
- Ministry of Social Services or a Delegated Indigenous Child and Family Services agency determines the child needs protection
- The Ministry identifies you as a suitable relative caregiver (background checks, home assessment)
- The Ministry petitions the court for a Section 37 order naming you as the PSI caregiver
If the child came to live with you through a private family arrangement — a parent asked you to take them, or you agreed informally — the child protection system is not involved. Your route is through The Children's Law Act, 2020 for a private parenting order, which is a separate process you initiate yourself through the Court of King's Bench.
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Who Can Get a Parenting Order
A grandparent or other relative can apply to the Court of King's Bench for a parenting order. The court evaluates the application under the best-interests-of-the-child standard (Section 10 of the CLA 2020).
The practical steps:
- File Form 15-1B (Petition) or Form 15-2A (Notice of Application) at the Court of King's Bench registry
- Pay the $300 filing fee (or apply for a fee waiver with Form 15-11A)
- Attend the mandatory "Parenting After Separation?" information session
- Serve the biological parents and attend a hearing
If the parents do not contest, the process is relatively straightforward. If contested, it becomes a legal battle that often requires representation — contact Legal Aid Saskatchewan or Pro Bono Law Saskatchewan.
When to Stay Informal
Some caregivers deliberately avoid court involvement because they fear triggering Ministry scrutiny or antagonizing the biological parents. This is common and understandable. But informal care comes with real risks:
- You have no legal authority for medical decisions or school enrollment
- Biological parents retain their legal rights, and you do not have a court order to rely on
- If the parent continues claiming the CCB, transferring it requires a CRA competing claim review that can take months
- You have no access to PSI maintenance, school allowances, or supplementary health coverage
For short-term arrangements where the parent is expected to resume care, informal may be appropriate. For long-term placements, the lack of legal authority and financial support makes it the hardest path.
Making the Decision
The decision is not entirely in your hands. If the Ministry is already involved, PSI is the path they will pursue. If the Ministry is not involved and you want legal authority, a parenting order is your option.
The Saskatchewan Kinship Financial Help Guide includes a care arrangement decision tool that walks through the factors — financial, legal, and practical — to help you understand which path applies to your situation and what each one means for the money and support available to you.
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