Does CAS Need Your Permission to Interview Your Child at School?

Many parents learn only afterward that a children's aid society (CAS) worker spoke with their child at school. It can feel like a betrayal of trust, and parents often ask whether the worker needed permission first.

This article explains what the Ontario standards say about interviewing children, why the answer is not a simple yes or no, and what you can do next. It is general information, not legal advice. Because each case depends on its facts, a family lawyer can tell you how this applies to you.

What the standards say about interviewing a child

The Ontario Child Protection Standards (2016), Standard 2, deals with how an investigation is carried out. It describes two approaches. For customized investigations, it is preferable to obtain the parents' agreement, or give notice, that the CAS will interview the child if the child's safety is not compromised.

Under the traditional approach, interviews may take place with or without the parent's knowledge or consent, depending on circumstances. The standard does not name schools.

In plain terms, the standards treat prior notice to parents as preferable in some cases but do not make parental permission a universal requirement. The standards are a policy document for societies, and their current status should be confirmed with a lawyer, since they refer to the earlier child welfare legislation.

Why a worker might speak to a child without telling you

A worker investigating a concern may worry that telling a parent first could affect what the child says or could put the child at risk. The standards recognize that circumstances differ and leave room for interviews without the parent's knowledge.

That does not mean anything goes. The Act's overall purposes include promoting the child's interests, protection and well-being, and using the least disruptive course of action that is available and appropriate. A parent who feels a worker overreached can raise it with the society or a lawyer.

What an interview is not

Speaking with a child during an investigation is different from removing a child. Removing a child is a separate step with its own legal tests, and how those tests apply depends on the facts, so it is worth confirming with a lawyer.

It is also different from a court case. Parties to a child protection proceeding are the applicant, the society and the child's parent, with added representatives for First Nations, Inuk or Métis children. A child aged 12 or older is entitled to notice of a protection proceeding and to be present at the hearing, subject to a court exception for emotional harm. An investigation interview happens before any of that.

Workers may also seek information from others. The standards say the CAS may consider obtaining collateral information with the consent of the subject of the information, and should consider whether to seek a warrant or telewarrant for access to records, in consultation with legal counsel.

Safety plans and your cooperation

After an investigation starts, a worker may propose a safety plan. Standard 3 requires the plan to be assessed by a supervisor and approved before it is implemented, to be formally documented within five days of first face-to-face contact, and to secure the safety of the referred child. Workers are to involve family, extended family and community whenever possible and consistent with the child's safety.

Understand what you are being asked to agree to before you do. A temporary care agreement is a separate, formal written agreement under which a person temporarily unable to care for a child agrees to the society's care and custody. A safety plan and a temporary care agreement are not the same thing, and a lawyer can help you tell the difference in your situation.

What to do next

• Write down what you learned, who told you, and the date and time the interview took place.
• Ask the worker, politely, what the concerns are and what happens next.
• Ask for the name and contact details of the worker and their supervisor.
• Talk with your child calmly, without pressuring them or asking them to change what they said.
• Do not sign agreements or release forms you do not understand.
• Speak with a family lawyer, especially if you receive court papers.

If you want to raise a concern about how the society acted, a person may complain to a society about a service sought or received. The society's decision after its complaint review is final, except that the complainant may apply to the Board for a review in the circumstances the Act allows. If the society later starts a court case, you will have deadlines, including filing an Answer and Plan of Care within thirty days of receiving the CAS application.

Frequently asked questions