Grounds for a Child 'In Need of Protection' in Ontario

If a Children's Aid Society (CAS) has started a court application about your child, the phrase "in need of protection" will appear in almost every document. It is a legal test, not a label for a bad parent, and the court has to decide whether the test is met.

This article explains, in plain words, the main categories of risk in Ontario's Child, Youth and Family Services Act, 2017 (CYFSA). It is general information only, and the details of your case matter a great deal.

What "in need of protection" means

A society can apply to the court to decide whether a child is in need of protection. The court does not simply accept the society's view. It looks at the evidence and decides whether one of the grounds in the Act has been proven.

The grounds are set out in section 74(2) of the CYFSA. Each one describes a particular kind of harm or risk of harm, so the first step in any case is to find out which ground or grounds the society is relying on.

The main categories of risk

The grounds in section 74(2) include the following:

• Physical harm to the child that was inflicted by the person who has charge of the child, or that was caused by that person's failure to care for or protect the child (clause (a)).
• A risk that the child is likely to suffer physical harm (clause (b)).
• A risk that the child is likely to suffer emotional harm (clause (h)).

These are examples taken from a longer list, so your application may rely on a ground that is not mentioned here. Read the society's court documents closely and ask a lawyer to explain each ground it cites.

Harm that has happened versus risk of harm

Some grounds look back at what has already occurred, such as physical harm caused by the person in charge. Others look forward and ask whether the child is likely to suffer harm. A society does not always need to wait for harm to occur before asking the court to act.

For you, the practical point is that the evidence differs. A harm-based ground focuses on events. A risk-based ground focuses on whether the circumstances make future harm likely, and the supports, changes or other caregivers you can put in place may be very relevant.

What the court weighs after a ground is raised

Finding a ground is not the end of the analysis. In deciding a child's best interests, the court considers factors that include the child's views and wishes, given due weight according to age and maturity, the child's physical, mental and emotional needs, relationships with family and community, continuity of care, and the risk of harm from removal. For a First Nations, Inuk or Métis child, the factors also include preserving cultural identity and community connection.

The court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate. Before ordering removal, it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order.

What to do next

• Find out exactly which ground or grounds the society says apply to your child.
• Collect records that speak to the concerns, such as medical, school and service-provider information.
• Think about relatives or community members who could care for the child with support, if that becomes necessary.
• Note the dates in your court papers, because child protection cases move on a strict timetable.
• Speak with a lawyer early, so you understand your options before you sign anything.

If you are 12 or older and reading this as the child, you are generally entitled to notice of the hearing and to attend, unless the court is satisfied that being present would cause you emotional harm.

Frequently asked questions