The First Court Hearing After CAS Removes a Child in Ontario

When Children's Aid takes a child into a place of safety, things move quickly. Parents often have only a few days to understand what is happening, find a lawyer and prepare for court.

This article walks through the first hearing, the interim decision the court makes, and how you can prepare. Every case turns on its own facts, so use this as a map and not a substitute for advice.

How a child ends up in a place of safety

A justice of the peace may issue a warrant after being satisfied on sworn information that the child is under 16, needs protection, and a less restrictive option is unavailable or would not be enough. A worker may act without a warrant only where there are reasonable and probable grounds to believe a child under 16 needs protection and there would be a substantial risk to the child's health or safety in the time needed to get one.

The court can also order the person who has charge of a child to produce the child, and if that would not adequately protect the child, may direct a worker to take the child to a place of safety.

The five-day rule

Once a child is brought to a place of safety, it must be dealt with as soon as practicable and in any event within five days. One of three things must happen.

• The child is brought before the court for a hearing under section 90(1).
• The child is returned to the person who last had charge of the child.
• The child is placed under a temporary care agreement or an agreement with a 16- or 17-year-old.

The Family Law Rules set the same five-day maximum for the first hearing where the child was brought to a place of safety.

Who is at the hearing and who can see it

The parties are the applicant, the society and the child's parent. For a First Nations, Inuk or Métis child, a representative chosen by each of the child's bands and communities is also a party.

Grandparents and others who cared for the child continuously during the six months before the hearing, including a foster parent, get the same notice as a party and may attend, have a lawyer and make submissions, but need the court's leave to take any further part. A child 12 or older is entitled to notice and to attend, unless the court is satisfied that being present would cause emotional harm.

These hearings are held without the public present unless the court orders otherwise.

The interim decision and the timetable

A hearing may not be adjourned for more than 30 days, unless all parties present and the person who will care for the child during the adjournment consent and the court knows of no absent party who objects. When it adjourns, the court makes a temporary care and custody order. It may return the child to the person who had charge, do so under society supervision, place the child with another consenting person under supervision, or place the child in society care.

The court may make the last two orders only if there are reasonable grounds to believe there is a risk the child is likely to suffer harm and the child cannot be adequately protected by returning them to the caregiver, with or without supervision. Before placing a child in society care temporarily, the court must consider whether it is in the child's best interests to place the child with a relative or a member of the extended family or community.

The court may lengthen a time in the timetable only if the child's best interests require it, and the parties cannot lengthen it by consent. A party must serve and file its plan of care or supervision at least seven days before a conference.

How to prepare

• Contact a lawyer immediately, because the first hearing comes within days.
• Ask the society in writing for the reasons for the removal and its plan.
• Write down names and contact details of relatives or community members who could care for the child, and whether they consent.
• Gather documents showing your child's needs, routines, school and health care.
• Think about what supports or changes you could offer so the child can come home, perhaps under supervision.
• Ask about access, since where a child is removed the court must order access to the person who had charge unless continued contact would not be in the child's best interests.

The court looks at best interests, including the child's views given due weight for age and maturity, the child's needs, relationships with family and community, continuity of care and the risk of harm from removal.

Frequently asked questions