Do You Have to Talk to CAS Investigators in Ontario

If a children's aid society (CAS) is looking into your family, you may be asked to answer questions, sign forms or let your child be interviewed. It is natural to wonder what you must do and what you may decline.

This article explains how Ontario's child protection law and standards deal with questions and interviews, and how to approach a conversation with a worker. It is general information, and a lawyer can speak to your own facts.

Why the society is asking questions

A society that receives a report must, as soon as possible, carry out an assessment and verify the reported information. Asking questions is how it does that. The Act also says help for parents should, where possible, be given on the basis of mutual consent, and the least disruptive suitable course should be considered.

Cooperating can help the society see your family clearly. How you should approach particular questions depends on your situation, so it is worth confirming with a lawyer. If the society cannot resolve its concern voluntarily, it may apply to the court to decide whether a child is in need of protection.

Can your child be interviewed without you?

Under the Ontario Child Protection Standards, 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. The standards say it is preferable to get the parents' agreement or give them notice. The standards do not name schools, and school boards have their own interview policies, so ask the school how it handles these requests.

• Immediate interview: the need to interview the child right away is one reason the standards list for an unannounced visit.
• 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.
• Hazardous conditions: where conditions are hazardous or suggest neglect, the worker sees the whole home, especially where the child sleeps.

Giving statements and signing agreements

Because the society has to verify the information it receives, it is sensible to be careful and accurate in what you say. How your own statements may be used later depends on your situation, so a lawyer can explain that. You can be polite and still say you would like to speak with a lawyer first. Taking time to get advice fits with the Act's requirement that an agreement be made after a chance to get independent advice.

If you are asked to sign a consent or agreement, the Act says it is valid only if the person has capacity, is reasonably informed, has had a chance to get independent advice, and acts voluntarily, without coercion or undue influence. That includes a decision to withdraw a consent. A temporary care agreement, for example, can last up to six months, and with a Director's written approval up to 12 months in total.

• Ask what the worker's concern is, in plain words.
• Ask whether the request is voluntary or backed by a court order.
• Ask for any request in writing, and take time to read it.
• Keep your own notes of each conversation, with dates and names.
• Answer factual questions truthfully. Do not guess or exaggerate.
• Get legal advice before signing an agreement.

Seeing your file and learning who reported

You may ask for access to your own record. A society may refuse if access could reasonably be expected to identify someone who was required by law to provide information, such as a person who reported. Access may also be refused if it could result in a risk of serious harm, could identify someone who gave information in confidence, if the record is privileged, or if it was prepared mainly for a proceeding that has not ended.

Even then, you still have a right of access to any part of the record that can reasonably be separated from the withheld part.

What to do next

Speak with a lawyer early, before long interviews or any signed plan. If court proceedings begin, the Family Law Rules set a timetable, including a hearing within 120 days of the start of the case. 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. Gather your documents, such as school and medical records, and write out a timeline of events. Having them ready makes a conversation with a lawyer more useful.

Frequently asked questions