The Child and Family Services Act (CFSA) has the mandate to promote and protect the best interests and well-being of children.
The Children’s Aid Society in Ontario works on a voluntary basis with parents and caregivers for the purpose of helping children who need protection. In most instances, it can be stressful to deal with the Society as the ability of parents to meet the needs of their children are put into question.
Who needs a child protection lawyer? The policy in Ontario states that for a child to need protection, proof of harm is not required. Children may be considered in need of protection when a risk exists that a child is being exploited, sexually molested, or suffering physical or emotional harm.
Anybody can apply for a child protection order when a child is in in danger or under threat.
Find out what the steps are and how to get a child protection lawyer near you in Ontario to help with your situation.
Just fill out the short online form below, free of charge, and connect with experienced child protection lawyers in your area.
Child Protection Order from Ontario Courts
Cases of child protection are handled at the Ontario Court of Justice, the Superior Court of Justice, Family Court.
There are specific laws for child protection cases under the Child, Youth, and Family Services Act. Many different Family Law rules apply.
The Children’s Aid Society (CAS) often get involved in the welfare of a child because a caregiver or parent is suspected of neglecting the child or causing harm to the child.
Loss of housing, unemployment, domestic violence, etc., pose risks to the welfare of a child and can result in the involvement of CAS in your family affairs. They can be viewed as reasons to remove a child from the home or to impose certain conditions on the parent to retain custody.
The Community Legal Education Ontario (CLEO) provides information for parents involved in child protection cases.
If you are a parent who has been served an application by the Children’s Aid Society, you must act quickly. Find a child protection lawyer or family law specialist to assist you because judges make decisions within a specific period.
Fill out the short online form on this page to find a child protection lawyer in your area with no obligation!
What does the Children’s Aid Society do?
You may want to understand the role of CAS so you can plan your next steps. We know it is very confusing and stressful to be in a situation where your role as a parent is under question.
What exactly is the mandate of the Children’s Aid Society?
The law gives Children’s Aid the exclusive responsibility for:
- Investigating allegations that a child below 18 years of age is in need of protection;
- Provide protection to children below 18;
- Give guidance and counselling to families to protect children or prevent situations that require the protection of children;
- Give care and supervision to children under the custody of the CAS;
- Place children who need adoption.
Emphasis is on making sure that children can remain with their families and be safe. Under certain circumstances, some children need to be removed such as when their environment is not safe.
There are 50 Children’s Aid Societies providing protection services to the children, youth, and families in the province of Ontario.
What to Expect in Court for Child Protection Cases
The Family Law Rules dictate where a child protection case will be heard. Generally, the case is heard where the child lives.
A judge sits on a platform in the courtroom in the presence of a court clerk and a court reporter. Family law cases are open to the public so people can come in and out of the courtroom.
The applicant and respondent with their lawyers will be seated in front of the judge.
During the hearing, the judge cannot provide legal advice to you if you don’t have a lawyer because he must remain objective. This is why you must consult a good lawyer or duty counsel at the courthouse.
The Society must prove that a child is in need of protection. If the court is satisfied, a court order will be issued to determine the disposition of the child such as:
- Put the child in the care of a parent or another person as supervised by the Society for a minimum of 3 months and a maximum of 12 months;
- Put the child under the care of the Society for not more than 12 months;
- Place the child under the care of the Society for a specified period and return the child to a parent or another person for a specified period;
- Make the child a ward of the Crown with/without parental access.
The decision regarding the disposition of the child can be ordered by the court when the trial is concluded or agreed upon by the parties at any time during the court proceedings.
The stakes are high when it comes to child protection cases. Whether you are the applicant or the respondent, it is important to have an experienced lawyer by your side to obtain the best outcome.
Learn about your parental rights. Benefit from the advice of an Ontario child protection lawyer or Ontario Family Lawyer using this short online form.
Reasons to Hire a Child Protection Lawyer
Children and parents need good legal representation throughout a child protection case.
The context of child protection is quite unlike other areas of Family Law.
The effect of decisions in child protection cases are as significant as those in criminal courts. The disruption that the family goes through when dealing with the Children’s Aid Society is stressful and filled with anxiety. The consequences of the court’s decision will tremendously change the lives of each member of the family
The moment CAS becomes involved with your family, you must hire a lawyer at the soonest possible time. A parent can be greatly disadvantaged by the resources, influence, and knowledge of the system.
A child can be permanently removed from the custody of his parents. Should a child be apprehended by the Society, it is critically important to find a lawyer immediately.
Compare child protection lawyers in your area using our no-obligation form so you don’t lose any more time.
Child Apprehension by Children’s Aid Society
Sad to say but in some situations, the apprehension of a child is deemed necessary at the start of a court proceeding.
The Society does no often seek this remedy except when there are reasonable grounds to believe that the safety or health of the child is at risk.
It is done with a warrant after a Justice of the Peace is convinced that the child is in need of protection and that a less drastic course of action is not possible.
When this happens, the child is placed under the temporary custody of the Society.
What happens after a child is apprehended
Within 5 days after the apprehension of a child, the Society must:
- Take the matter to court to get an interim order placing the child in the custody of CAS;
- Return the child to the person with last custody or the person entitled to custody under an order;
- Maintain custody of the child with a temporary care agreement.
As you can see, things happen very quickly in a child protection case. It is imperative that you find a child protection lawyer to fight for your rights and defend your case.
Do you have questions about child protection and how to deal with the Children’s Aid Society?
Find experienced Ontario family lawyers in JuriGo. Just fill out our free online form today.
The Steps in Child Protection Cases
When the Children’s Aid Society gets involved with a family, there are specific steps that are taken from the application stage to the trial stage.
CAS gets involved: Duty to report
CAS may be notified by a neighbor, teacher, police officer, doctor, or a family member that a child is in need of protection. CAS will dispatch a CAS worker to look into the matter and determine if a court case is warranted.
Serving a CAS application
If CAS finds sufficient grounds, it will serve you with an application.
Court Date
If your child is taken by CAS to a place of safety, you will be notified of the first court date.
Hearing on temporary care or custody / Court Hearings
You (with your lawyer) and CAS will present your evidences and motions
Trial / Status review
The judge considers whether the child needs further protection.
Top FAQs Regarding Child Protection in Ontario
If you are in a complex situation such as being reviewed by the Children’s Aid Society, you surely have many questions in your mind.
We have gathered some important FAQs that will be useful in planning your next steps.
What is considered child abuse in Ontario?
“Child abuse” is the physical, emotional, or sexual abuse or neglect of a child’s welfare.
Physical abuse involves the use of force such as shaking, slapping, using of objects to inflict pain or injury, etc. Neglect is when a parent fails to give basic needs to a child such as food, education, sleep, safety, clothing, and medical treatment. This also includes leaving a child alone or without supervision.
If these basic needs are not provided due to a lack of money, it is not neglect unless help was offered but refused.
What must you do if you suspect that a child is at risk or being harmed?
You must contact the Children’s Aid Society in your area immediately.
What will Children’s Aid Society do if they suspect my child is at risk or being neglected?
CAS has a legal obligation to investigate any report that a child is at risk. For instance, they may receive a report that the parents are having violent altercations or that a child is not being properly cared for.
A CAS worker will do an initial screening within 24 hours of receiving the report. After the investigation, CAS may close the case, continue to monitor the child’s situation, or offer support services.
In extreme situations when a child is under threat or being harmed, CAS can decide to apprehend the child and take the case to court for the disposition of a judge.
When can the Children’s Aid Society take a child from the home?
If a child is in serious or immediate risk of harm, the CAS can take a child from the home. They cannot take a child who is 16 or 17 years old without the child’s consent. But for children below 16, CAS can remove them from the home even if they refuse to come along. CAS will then take the child to a safe place.
What should you do if CAS takes your child away?
Speak to a lawyer for child protection cases immediately. Even if you and the CAS agree to place your child in a relative’s home, get legal advice.
Can you use Legal Aid to pay for a child protection lawyer?
If you have no income or low income, you may qualify for legal aid and use a legal aid certificate to pay for your lawyer. You need to inform the lawyer from the start if you plan to pay with legal aid.
How to find a Child Protection Lawyer in Ontario
We know that finding a child protection lawyer in Ontario is of paramount importance in your situation. We are here to help.
JuriGo is a strong network of experienced and compassionate child protection lawyers and family lawyers who can assist you in your case.
You have no time to waste if CAS has served you with an Application. You need to get legal advice immediately to protect your parental rights.
Fill out the short online form on this page to find a child protection lawyer in your area!
These quotes are free and without any obligation.