Do You Need a Lawyer Before Talking to a CAS Investigator in Ontario?
You can get legal advice before you talk to a society worker, and it is sensible to do so early, especially before you sign anything. What you must say, what you may decline to say, and how your words may be used in court depend on your situation, so a lawyer can confirm.
After a report, a worker assesses risk and urgency using the Ontario Child Welfare Eligibility Spectrum, and a child protection investigation takes place where there are reasonable and probable grounds. Children's aid societies have the exclusive mandate to investigate. Obstructing a child protection worker acting under specified sections is punishable by up to $50,000, two years in jail, or both. Knowingly giving false information in a Part V application is punishable by up to $5,000, one year in jail, or both.
If a case goes to court, a parent should get advice from a lawyer before signing a Statement of Agreed Facts (Form 33C). Communications with your own lawyer stay privileged. If you disagree with a society decision, you can make a written complaint, ask the Child and Family Services Review Board to review it, or complain to the Ontario Ombudsman.
Key takeaways
- Children's aid societies have the exclusive mandate to investigate, and an investigation takes place where there are reasonable and probable grounds.
- Obstructing a child protection worker acting under specified sections is punishable by up to $50,000, two years in jail, or both.
- A parent should get advice from a lawyer before signing a Statement of Agreed Facts (Form 33C) in a child protection case.
- You can make a written complaint to the society, ask the Child and Family Services Review Board to review a decision, or complain to the Ontario Ombudsman.