Can CAS Take My Newborn Baby From the Hospital in Ontario?
A justice of the peace can issue a warrant to bring a child under 16 to a place of safety only on reasonable and probable grounds that the child is in need of protection and no less restrictive course of action is adequate. A worker can act without a warrant if there would be a substantial risk to the child's health or safety while a warrant is obtained.
The grounds focus on harm to the child, such as physical harm or a likely risk of it caused by the person in charge, by a failure to adequately care for, supervise or protect the child, or by a pattern of neglect. Hospital professionals who suspect a child may need protection must report it. How a society approaches a baby who has not yet been born depends on the circumstances, so ask a lawyer.
If a child is brought to a place of safety, within five days the matter must go to court, the child must be returned, or an agreement must be made. Before placing a child in society care, the court must consider a relative or community member who consents, under supervision. A parent should get legal advice before signing a Statement of Agreed Facts (Form 33C).
Key takeaways
- A warrant to bring a child under 16 to a place of safety needs reasonable and probable grounds and no less restrictive course of action being adequate.
- Within five days after a child is brought to a place of safety, the matter must go to court, the child must be returned, or an agreement must be made.
- Before placing a child in society care, the court must consider a relative or community member who consents, under supervision.
- You should get legal advice before signing a Statement of Agreed Facts (Form 33C).