CHILD PROTECTION
A child protection agency or Children’s Aid Society (CAS or Society) court proceeding is different from a domestic one. You can have CAS involvement even before a CAS court proceeding
The law requires that the Society uses the least intrusive means possible, however this is often not the case
If you have CAS involvement in your family, please contact me
There are different kinds of Societies across the province. Societies can be specific to a location (eg. the Children’s Aid Society of Toronto), faith based (the Catholic Children’s Aid Society), demographic or community based (Jewish Child and Family Services or Native Child and Family Services of Toronto). Depending on the Society that you are working with, the Society worker you have assigned to your case, and even the case management judge overlooking your case, you may receive different treatment, support and services
Opening or Referral
Before a CAS court proceeding, there may be an Opening or Referral. Every time someone reports to the CAS there is an opening report. This does not automatically trigger a court proceeding but there will always be records of this. There are pros and cons to being involved in the court system. For example, if the CAS is not following the law or being fair, then a judge will have the responsibility of overseeing the proceeding and issues can be brought before the court. On the other hand, there are strict timelines and rules in a court proceeding that can be difficult to navigate.
If the CAS decides to investigate the referral, a caseworker will visit the family and child. The interviews are usually done separately, and the CAS may interview other members of the household. Society workers may also bring police with them, depending on the severity of the allegations.
Voluntary Service Agreements, Temporary Care Agreements and Customary Care Agreements
Voluntary Service Agreements, Temporary Care Agreements and Customary Care Agreements are agreements to either continue caring for the child under certain terms or place the child with another caregiver.
Voluntary Service Agreement
If the CAS believes there may be a protection concern, they may try to get the parent to enter into a Voluntary Service Agreement outside of court to address the concern(s). The Voluntary Service Agreement may place the child with a parent, family member (kin) or a friend/community member (kith) with terms and conditions.
It is important when entering into agreements to know that you are entitled to independent legal advice. CAS workers may pressure parents to enter into an agreement, under the threat of a child being apprehended, and may not advise the parent that they are entitled to independent legal advice.
Temporary Care Agreement
A Temporary Care Agreement is when the CAS has not started a court proceeding but is asking for a child to be taken into foster care (interim Society care). Temporary Care Agreements often involve a child being placed in foster care, and it is important to scrutinize what benefit there is to the parent to enter into such an agreement outside of court. Within the court system, an independent third party like a judge will overlook the case, which may act as a safeguard for the parent. It is extremely important to speak with a lawyer about potential consequences before signing any agreement.
There are important statutory time limits that start applying as soon as a child is placed in interim Society care. Under the Child, Youth and Family Services Act (CYFSA), children can only be in foster care on a temporary basis for a certain amount of time before a trial must take place to determine if they will be permanently placed in foster care and the parent loses custody (extended Society care, previously known as Crown wardship).
If the court finds that a child will not be adequately protected in the care of the parent from whom the child was taken to a place of safety, the parent should explore kin or kith placements. It is always important to try to place a child with kin or kith because the statutory time limits will not apply if the child is placed with kin or kith (not foster care). Kin and kith can be part of an important support system to successfully have the Society ultimately terminate their involvement.
Time limits are an important consideration because there are often waitlists for programming or resources and delays outside of a parent’s control. Marginalized parents are often limited by waitlists, such as mental health support, housing or special needs programming, among other resources necessary to address Society concerns.
Customary Care Agreement
A Customary Care Agreement can be done with First Nations, Metis or Inuit families. There are more supports available under the CYFSA and opportunities for terms and conditions to be tailored for First Nations, Metis or Inuit families. For example, instead of the child(ren) going to foster care, the grandparents can become foster caregivers so they can receive funding as foster parents and the child(ren) remain(s) with family. It is important to ensure that the child welfare worker offers these supports and opportunities that First Nations, Metis and Inuit families are entitled to.
Protection Application
In a child welfare court proceeding, the first step is the Protection Application. When a child is apprehended or “taken to a place of safety” (language in the CYFSA), the Society must bring the matter to court within 5 days. In a child welfare proceeding, the Society is the Applicant and the parent is the Respondent. It is important that a parent finds a lawyer ASAP to advise them about their rights and to prepare an Answer and Plan of Care. The Society’s disclosure needs to be requested, the Society’s expectations should be clearly outlined in writing, and the Society should be offering or referring the parent with protection concerns to programming to address whatever issue they have.
If you want more information about how I can help you with your family law issues, please contact me.
