Child Apprehension by CAS in Ontario: What Happens and Your Rights

Having a child removed from your care by a children's aid society (CAS) is one of the most frightening experiences a parent can go through. In the middle of the shock, it's hard to know what happens next, how quickly, or what your rights are. This guide explains, in general terms, how the apprehension and court process generally unfolds in Ontario, so you know what to expect in the days that follow.

What Apprehension Means

"Apprehension" refers to a CAS removing a child from a caregiver's care without first getting a court order, because a worker believes, on reasonable grounds, that the child is at risk of harm and that there's no less disruptive way to protect the child in that moment. It's meant for situations that can't safely wait for a court process to unfold first — not as a routine investigative tool.

Apprehension is sometimes carried out with police assistance, particularly where there's a safety concern for the worker or the family, or where police involvement is otherwise needed.

The Process, Step by Step

1. The apprehension itself

A worker (sometimes with police) removes the child from the home or wherever the child is located, and arranges an interim placement — which may be with another relative, a foster arrangement, or another appropriate caregiver, depending on the circumstances.

2. Bringing the matter to court

The law requires the case to be brought before a court promptly after an apprehension — this isn't something that can sit unaddressed for an extended period. Exact timing can depend on the court and the circumstances, so ask your lawyer about the specific schedule that applies to your case.

3. The first court appearance

At the first hearing, the court decides on an interim (temporary) plan while the full case proceeds. Depending on the evidence, that could mean returning the child home under conditions, placing the child with a relative or other person under supervision, or continuing the child's placement with the CAS on a temporary basis.

4. Ongoing case management

From there, the case moves through the family court process like other litigation — disclosure of evidence, case conferences, and eventually a hearing (or a negotiated resolution) on whether the child is found to be in need of protection and what order should follow.

5. The protection hearing

If the case isn't resolved by agreement, a judge ultimately decides whether the child is in need of protection and, if so, what type of order best addresses that — ranging from returning the child home with support and supervision conditions, to a more significant order affecting the CAS's role in the child's life.

Your Rights as a Parent

• You're generally entitled to notice of the court process and an opportunity to be heard.
• You have the right to legal representation, and to ask about legal aid options if cost is a barrier — a lawyer can advise on what's currently available and whether you qualify.
• You're generally entitled to see the evidence the CAS is relying on as the case proceeds, subject to the court's procedures.
• You can generally ask the court to review or vary an interim arrangement as the case continues, rather than waiting passively for the final hearing.

What to Do in the First Few Days

Acting quickly matters. In general, it helps to:

• [ ] Contact a family lawyer immediately, even before the first court date
• [ ] Ask what the specific allegations or concerns are, in writing if possible
• [ ] Begin addressing any concerns raised (for example, connecting with recommended services) even before being ordered to, where appropriate
• [ ] Keep a record of every interaction with the CAS and the court process
• [ ] Attend every scheduled appearance — missing one can seriously undermine your position

Frequently asked questions