What to Expect at the First Court Date in a CAS Case in Ontario

A first court date in a child protection case can feel overwhelming, especially if your child is already out of your home. Knowing the sequence of events and what the judge is actually deciding can make it easier to prepare.

This article walks through the early steps in an Ontario child protection case under the Child, Youth and Family Services Act, 2017 (CYFSA) and the Family Law Rules. It is general information and does not replace advice from a lawyer.

Why the timetable is tight

Rule 33(1) of the Family Law Rules sets the maximum times for every child protection case, measured from the start of the case.

The court may lengthen a time only if the child's best interests require it, and the parties cannot lengthen it by consent. A party must serve and file its plan of care or supervision at least seven days before a conference, even if that is sooner than the timetable requires.

Before you reach court

When a child is brought to a place of safety, the Act requires that within five days the child be brought before the court, returned to the person who last had charge, or placed under a temporary care agreement or an agreement with a 16- or 17-year-old.

A child protection worker can bring a child to a place of safety with a warrant from a justice of the peace. Without a warrant, a worker may do so if they believe on reasonable and probable grounds that the child is under 16 and needs protection, and that there is a substantial risk to the child's health or safety in the time needed to get a warrant.

Who is in the room and who can take part

The parties are the applicant, the society with jurisdiction and the child's parent. For a First Nations, Inuk or Métis child, a representative chosen by each of the child's bands and communities is also a party.

Grandparents and others who have cared for the child continuously during the six months before the hearing, including a foster parent, get the same notice as a party and may attend, have a lawyer and make submissions. Taking any further part requires the court's leave. A child 12 or older is entitled to notice and to attend, unless the court is satisfied that being present would cause the child emotional harm.

Child protection hearings are held without the public present unless the court orders otherwise.

What the judge decides at an early stage

Early on, the focus is usually where the child stays while the case continues. When a hearing is adjourned, the court makes a temporary care and custody order. It may return the child to the person who had charge, do so under society supervision, place the child with another consenting person under supervision, or place the child in society care.

The court may make the last two kinds of order only if there are reasonable grounds to believe the child is likely to suffer harm, and the child cannot be adequately protected by returning them to the caregiver, with or without supervision. Before placing a child in society care temporarily, the court must consider whether it is in the child's best interests to place the child with a relative or a member of the extended family or community.

The court may not adjourn a hearing for more than 30 days, unless all parties present and the person who will care for the child during the adjournment consent and the court does not know of an absent party who objects.

What to do next

• Bring every document you were served, and a way to take notes.
• Get a lawyer as early as you can, ideally before the first appearance.
• Prepare your plan of care or supervision, and remember the seven-day rule before a conference.
• List relatives or community members who might care for your child and would consent.
• Arrive early, dress comfortably and expect the hearing to be closed to the public.

Frequently asked questions