How Long Can CAS Keep a Child in Care in Ontario? Time Limits

When a Children's Aid Society (CAS) has your child in care, one of the first questions is how long it can last. The answer depends on the type of order or agreement, your child's age, and how much time your child has already spent in care.

This article explains the main time limits in Ontario's Child, Youth and Family Services Act, 2017 (CYFSA), what counts towards them, and what a status review is. It is general information, not advice on your case.

The 12- and 24-month limits on interim society care

A court cannot make an interim society care order that would leave a child in society care for more than 12 months in total if the child was under 6 on the day the order is made. If the child was 6 or older on that day, the total limit is 24 months.

The Court of Appeal for Ontario has held that the 12-month limit for children under six is mandatory. Apart from the extensions described below, it cannot be set aside on a best-interests argument.

What time counts towards the limit

The clock is not limited to the current order. Time your child spent in society care under a temporary care agreement counts, as does time under a temporary order made during an adjournment. Earlier periods in care also count, unless the child then spent a continuous period of five years or more out of society care.

This is why it helps to keep a clear record of every date your child entered and left care. Add up the periods with your lawyer, because the total may be longer than the current order suggests.

Extensions and what happens after interim care

There are two exceptions to the limit. The court can extend it by up to six months if that is in the child's best interests. The limit is also extended automatically while an appeal of the order is pending or while a status review hearing is adjourned.

When a court finds a child in need of protection, it can choose among several orders:

• A supervision order, lasting at least 3 and no more than 12 months.
• An interim society care order, for up to 12 months.
• An extended society care order.
• Interim society care followed by supervision, for no more than 12 months combined.

Extended society care has no fixed end date. The child stays in CAS care until a judge changes the order, the child is adopted, or the child turns 18. Every order of this kind also expires when the child turns 18 or marries, whichever comes first.

Less disruptive options and kin placements first

The court cannot remove a child from the person who had charge of them unless less disruptive alternatives, including non-residential services and help already offered, would be inadequate to protect the child. Before choosing an order, it must also ask what efforts the society or others have made to assist the child.

Before placing a child in society care, the court must consider placing the child with a relative, neighbour or other member of the child's community or extended family, under supervision and with that person's consent. If you have a grandparent, aunt, uncle or close family friend who could step in, raise it early with your lawyer.

Temporary care agreements and status reviews

A temporary care agreement is voluntary. Each term is up to six months and can be extended with a Director's written approval to 12 months. The overall limit is 12 months for a child under 6 and 24 months for a child 6 or older. Any party can end the agreement by written notice. It ends five days after the other parties actually receive the notice, or up to 21 days if the agreement sets a longer period.

A status review is how an order gets revisited. The society must apply before a supervision order or interim society care order expires. A parent can also apply, but must generally wait six months after the latest order or disposition. That wait does not apply if the court is satisfied that a major element of the plan of care it relied on is not being carried out.

The society must serve a status review at least 30 days before the order expires, and a parent must file and serve Form 33B.1 (Answer and plan of care) within 30 days of receiving it. On a review, the court can vary or end the original order, make a new order, or make a custody order.

What to do next

• Write down every date your child entered and left care, including any temporary care agreement.
• Keep all court papers and note the date you received each one.
• Check the date on any status review notice and the 30-day deadline for Form 33B.1.
• Think about relatives or community members who could care for your child, and tell your lawyer.
• Get advice from a lawyer before signing a Statement of Agreed Facts (Form 33C).

These time limits are strict and work differently depending on the order. A lawyer can confirm which limit applies to your child and what deadlines are running.

Frequently asked questions