Can CAS Interview My Child Without My Permission in Ontario?

Learning that a children's aid society (CAS) spoke to your child at school without telling you is frightening. You probably want to know whether that is allowed and what limits exist.

This article explains the general rules in Ontario. Whether a particular interview was proper depends on the facts, so a lawyer can review your situation.

What the standards allow

Under Standard 2 of the Ontario Child Protection Standards (2016), a society may interview a child inside or outside the home, with or without the parent's or caregiver's knowledge or consent, depending on the circumstances. The same standard says it is preferable to get the parents' agreement or give them notice.

The standards do not name schools. School boards have their own policies on interviews, so it is reasonable to ask the school what its policy is and who was present.

When parents are not contacted first

In joint CAS and police investigations where a parent or primary caregiver is the alleged abuser, parents and caregivers are generally not contacted before the child is interviewed.

Standard 2 also lists the need to interview the child immediately as one reason for an unannounced visit. Where conditions are hazardous or suggest neglect, the worker sees the whole home, especially where the child sleeps.

Why the society got involved

Anyone who has reasonable grounds to suspect a child needs protection must immediately report it to a society, and must report directly rather than rely on someone else. A society that receives a report must, as soon as possible, carry out an assessment and verify the reported information.

No legal action can be brought against a person who reports, and the duty applies even where information is confidential or privileged. That protection does not apply if the reporter acted maliciously or without reasonable grounds for the suspicion.

A society may refuse you access to your own record if it could reasonably be expected to identify someone who was required by law to provide information, such as a person who made a report.

Your records and your rights

Access to a record may also be refused if it could reasonably result in a risk of serious harm, could identify someone who gave information in confidence, is privileged, or was prepared mainly for a proceeding that has not ended. Even so, you still have a right of access to any part of the record that can reasonably be severed from the part that is withheld.

Cooperating with a society is often voluntary. The Act says help for parents should, where possible, be given on the basis of mutual consent, and that the least disruptive available and appropriate course of action should be considered. An agreement is valid only if you have capacity, are reasonably informed, have had a chance to get independent advice, and act voluntarily without coercion or undue influence.

If voluntary services are not agreed, a society may apply to the court to decide whether a child is in need of protection.

What to do next

• Write down what you were told, by whom, and when, and keep any letters or messages.
• Ask the worker what concerns were raised and what the next steps are.
• Stay calm and courteous with the worker and with the school.
• Consider requesting your file, knowing parts may be withheld.
• Get legal advice before signing any agreement.

Frequently asked questions