- Ontario's grounds for finding a child in need of protection are built around harm or risk of harm to the child.
- A court cannot remove a child from the person in charge unless less disruptive alternatives, including services and assistance, would be inadequate to protect the child.
- Asking early for support, and for family or community placement options, can help keep a plan with the least disruption possible.
If you are between homes, behind on rent or living on a very tight income, the fear that a children's aid society could take your child can feel constant. That fear is common, and it helps to know what the law actually asks.
This article explains how Ontario's Child, Youth and Family Services Act, 2017 (CYFSA) frames protection, what a court must consider before removing a child, and which supports and options you can raise. It is general information, not advice on your own file.
The test is harm to the child
A child is "in need of protection" under the CYFSA when the grounds in section 74(2) are met. Those grounds are written around harm. For example, a child may be in need of protection if the child has suffered physical harm, or is at risk of likely suffering it, caused by the person in charge failing to adequately care for, provide for, supervise or protect the child, or by a pattern of neglect.
Other grounds cover emotional harm, such as serious anxiety, depression, withdrawal, aggressive behaviour or delayed development caused by a parent's actions, failure to act or pattern of neglect, or a risk of that harm.
The grounds in section 74(2) focus on harm, or risk of harm, to the child. What matters is whether the situation has caused, or is likely to cause, that harm. How that applies to a particular family depends on the facts, which is why a lawyer can help you assess your situation.
The law pushes toward the least disruptive step
The paramount purpose of the CYFSA is the best interests, protection and well-being of children. Its other purposes include using the least disruptive appropriate course of action, including prevention, early intervention and community support services, and supporting the autonomy and integrity of the family unit.
Those purposes show up in the court's decision-making. Before choosing an order, the court must ask what efforts the society or others have made to assist the child. It cannot remove a child from the person who had charge of them unless less disruptive alternatives, including non-residential services and that assistance, would be inadequate to protect the child.
How a removal can happen, step by step
Most files do not begin with an urgent removal, but it helps to know the timeline if one happens.
| Step | What the law says |
|---|---|
| Place of safety | A justice of the peace can issue a warrant if there are reasonable and probable grounds that a child under 16 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. |
| Within five days | The matter must go before a court, the child must be returned, or an agreement such as a temporary care agreement must be made. |
| Adjournments | Adjournments are limited to 30 days unless the parties consent. The court can place the child elsewhere only if there are reasonable grounds to believe the child is at risk of harm and cannot be protected by returning the child to the previous caregiver, with or without supervision. |
Supports and options you can raise
Because the court looks at what help was offered, it is reasonable to ask for it. Tell the worker plainly what would make the home safer and more stable, and keep track of what is offered.
- Community and non-residential services that could reduce risk, since the court must consider whether these would be adequate before a child is removed.
- A kin or community placement. Before placing a child in society care, the court must consider placing the child with a relative, neighbour or other member of the child's community or extended family, under supervision and with that person's consent.
- Family friends. A member of the child's community includes a person with a beneficial and meaningful relationship with the child or the child's family, so a non-relative can qualify.
- For a First Nations, Inuk or Métis child, placement with extended family if possible, or otherwise with a family of the same Indigenous group, unless there is a substantial reason to place the child elsewhere.
A society can enter a temporary care agreement only if no less disruptive course of action, such as care at home, would adequately protect the child. Each term is up to six months and can be extended with a Director's written approval to 12 months. The total overall limit is 12 months for a child under 6 and 24 months for a child 6 or older. Any party can end the agreement by written notice, which takes effect five days after the other parties actually receive it, or up to 21 days if the agreement sets a longer period.
What to do next
- Write down your housing and income situation, and any steps you are taking to stabilize it.
- Keep a record of every service you have asked for or been offered, with dates.
- Think about relatives or trusted people who could help with care and may be willing to be considered as a placement.
- Do not sign documents you do not understand. A parent should get advice from a lawyer before signing a Statement of Agreed Facts (Form 33C).
- Be truthful. Knowingly giving false information in a child protection application is an offence.
- If you disagree with how a society handled things, 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.
If a society has contacted you or you have court papers, speak to a family lawyer promptly, since deadlines apply once a case has started.
Frequently asked questions
Can CAS take my child just because I am homeless?
The CYFSA grounds are built around harm or risk of harm to the child. Before removal, a court must be satisfied that less disruptive alternatives, including services and assistance, would be inadequate. What happens in your case depends on the facts.
What happens if CAS removes a child urgently?
Within five days of a child being brought to a place of safety, the matter must go before a court, the child must be returned, or an agreement must be made. A lawyer can explain your options at that point.
Can a relative or family friend care for my child instead of foster care?
Before placing a child in society care, the court must consider a relative, neighbour or other community or extended family member, with that person's consent. A non-relative with a beneficial and meaningful relationship can qualify.
Can I end a temporary care agreement?
Yes. Any party can end it by written notice, which takes effect five days after the other parties actually receive it, or up to 21 days if the agreement sets a longer period.
Sources
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
- Ontario Court of Justice – Child Protection Case — ontariocourts.ca
- Ontario.ca – Children's aid societies — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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