How to Make a Complaint About a CAS Worker in Ontario

Dealing with a children's aid society (CAS) is stressful, and it is common to feel that a worker was unfair, rude, or went too far. If that is how you feel, you may be wondering where to take the concern and whether it will change anything.

This article explains what workers are generally allowed to do under Ontario law, how to prepare a clear complaint, and how a complaint differs from a court case. The exact complaint steps and deadlines depend on the society and the type of concern, so confirm them before you rely on them.

First, separate what is allowed from what is not

A complaint is stronger when it is specific. Some worker actions feel invasive but are permitted in the right circumstances, so it helps to know the difference.

• The Ontario Child Protection Standards (2016) say 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, although getting the parents' agreement or giving notice is preferable.
• 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.
• An unannounced visit can be justified by the need to interview the child immediately, and where conditions are hazardous or suggest neglect the worker sees the whole home, especially where the child sleeps.
• A society that receives a report must assess it as soon as possible and verify the reported information.

Removal of a child is more tightly controlled. A worker may bring a child to a place of safety without a warrant only where the worker believes on reasonable and probable grounds that 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 a warrant. In other situations, the Act's removal powers depend on a warrant or court order.

Write down what happened

Whatever route you choose, a clear record helps. Do this while events are fresh.

• Note the date, time, place and the worker's name for each contact.
• Write down what was said and done, separating facts from your opinions.
• Keep letters, emails, texts and voicemails.
• Note any witnesses who were present.
• Record what you asked for, such as an explanation or a copy of a document, and what you were told.
• Avoid posting about the case online.

Raising the concern with the society and beyond

Societies generally have a way for people to raise concerns about service, and there may also be outside bodies that review how agencies act. Which route fits depends on what your concern is. A complaint about tone or communication is different from a complaint about a decision that affects your child.

A sensible approach is to ask the society, in writing, for its complaint procedure, how long it takes and what review options exist afterward. Keep your complaint short, factual and focused on what you want changed. A lawyer can confirm which outside routes apply and any time limits.

A complaint is not the same as a court case

If the society has started a court case, a complaint will not replace the court process. A society may apply to the court to decide whether a child is in need of protection. The parties to a child protection proceeding are the applicant, the society with jurisdiction and the child's parent, and for a First Nations, Inuk or Métis child a representative chosen by each of the child's bands and communities is also a party.

Others may also have a role. Anyone who cared for the child continuously during the six months immediately before the hearing, including a foster parent, gets the same notice as a party and may attend, have a lawyer and make submissions. A child 12 or older is entitled to notice and to attend unless the court is satisfied that being present would cause emotional harm.

Court timelines are strict. The Family Law Rules set maximum times for every child protection case, and the court may lengthen them only if the child's best interests require it, not because the parties consent. Do not assume a complaint will pause your case. A lawyer can tell you whether your concerns about a worker should also be raised in the case.

What to do next

• Ask the society for its complaint procedure in writing.
• Request your records. A society may refuse access in some cases, for example if access could identify someone who was required by law to report, or could risk serious harm, but you keep a right of access to any part that can reasonably be separated from the withheld part.
• If a court case is under way, speak to a family lawyer promptly because deadlines apply.
• Stay calm and polite in all contact with the worker, and keep notes.

Frequently asked questions