Can I Be Reported to CAS for Leaving Kids Home Alone in Ontario?

Many parents have to decide when a child is ready to stay home alone, whether for a short errand or after school. It is reasonable to ask whether doing so could lead to a call to the children's aid society.

This article explains how Ontario's child protection law approaches supervision. It does not give a safe age, because the grounds in the Act are built around harm and risk to the individual child. A lawyer can help you with your situation.

Is there a legal age?

Searches often ask for a single age. The child protection grounds do not work that way. A child may be in need of protection if they have suffered physical harm, or are at risk of likely suffering it, caused by the person in charge failing to adequately care for, provide for, supervise or protect the child, or through a pattern of neglect.

So the real question is whether there is harm or a likely risk of harm, given the child and the circumstances. A parent who is unsure should get advice instead of relying on a number heard from a neighbour or online.

What affects the risk

Every household is different. These general factors often matter when thinking about supervision:

• The child's maturity, health and any special needs.
• How long the child is alone and at what time of day.
• Whether the child knows what to do in an emergency and can reach you.
• The home and neighbourhood, and whether other trusted adults are nearby.
• Whether this is a one-off event or a repeated pattern.

A pattern of neglect is one of the grounds in the Act, so repeated lapses can be viewed differently from a single occasion.

What happens if someone reports

Anyone with reasonable grounds to suspect a child may be in need of protection must immediately report it to a society. Professionals such as teachers, social workers and health care professionals who fail to report commit an offence, with a fine of up to $5,000. A report is not a finding.

After a report, a worker assesses risk and urgency, and an investigation takes place where there are reasonable and probable grounds. In urgent cases, a worker can act without a warrant if there would be a substantial risk to the child's health or safety while a warrant is obtained. If a child is brought to a place of safety, within five days the matter must go to court, the child must be returned, or an agreement must be made.

Help comes first, in most cases

The Act's purposes include using the least disruptive appropriate course of action, including prevention, early intervention and community support services. A court cannot remove a child from the person who had charge of them unless less disruptive alternatives, including non-residential services, would be inadequate to protect the child.

A society can enter a temporary care agreement only if no less disruptive course of action, such as care at home, would adequately protect the child.

What to do next

• Make a clear plan for when your child is alone, including who to call.
• If a worker contacts you, stay calm and do not obstruct them. Obstructing a worker acting under specified sections is punishable by up to $50,000, two years, or both.
• Get legal advice before signing any agreement or Form 33C.
• If you disagree with a society decision, you can complain to the society, ask the Child and Family Services Review Board for a review, or complain to the Ontario Ombudsman.

Frequently asked questions