- The CAS must prove the child is in need of protection and that the order it seeks serves the child's best interests, on the balance of probabilities.
- To oppose the CAS you must serve and file an Answer and Plan of Care within thirty days of receiving the application.
- Evidence at a temporary hearing is given by sworn or affirmed Form 14A affidavit, so accuracy matters.
- Relatives may be able to care for a child with kinship service funding if the society approves them.
If you live with a mental health diagnosis, you may worry that a Children's Aid Society (CAS) will see the diagnosis and nothing else. Many parents manage their health and care well for their children, and many fear that asking for help will be held against them.
This article explains in general how a child protection case works, what the CAS has to prove, and how a parent can present their plan. It does not say how any one case will end. That depends on the facts, and a lawyer can advise you on yours.
What the CAS has to prove
A diagnosis is a health fact. A child protection case asks a different question. At a protection hearing the CAS must prove its claims on the balance of probabilities. It must prove that the child is in need of protection and that the order it seeks serves the child's best interests.
So the focus is on the child's situation and the proof the CAS can bring, not on a label. How your health affects day-to-day care of the child, and what supports are in place, are the kinds of facts that matter. How a court will view those facts depends on the evidence, and a lawyer can help you understand that.
If the judge finds the child is not in need of protection, the case ends and the child returns to the person who had care before.
Voluntary help versus a court case
A voluntary agreement is described by the province as a service plan between families and children's aid societies. Participants in a provincial review asked for clearer information before signing and for the same access to legal counsel as in court proceedings, including for families whose children stay at home or with relatives.
A court case begins when the society serves and files a Form 8B Application (Child Protection). If a child was taken to a place of safety, the CAS must go to court within five days of starting its case, and the judge makes a temporary order about who cares for the child at that first court date.
- Ask the worker to explain any voluntary agreement in plain language before you sign
- Ask what the agreement requires of you and what the society will do
- Get advice before you sign, especially if the child is staying at home or with relatives
Showing you can care for your child
If you want to oppose the CAS, you must serve and file an Answer and Plan of Care within thirty days after you receive the application. The court directs parents to the Family Law Forms site for current form versions.
- A clear daily routine for the child: school, meals, medical care and supervision
- Information from your treating professionals, shared only with your consent
- Proof you follow treatment or support plans, if you have them
- Names of relatives or friends who can help on bad days
- A plan for what you will do if your health gets worse
If the matter is disputed, evidence at the temporary care and custody hearing is given by Form 14A affidavit, sworn or affirmed true. Only include what is accurate and that you can back up. Case, settlement and trial management conferences and motions follow, then trial if the matter is not resolved.
Court steps, privacy and missed dates
| Topic | What to know |
|---|---|
| Hearings | Closed to the public, though select media representatives may attend unless a judge excludes them |
| Privacy | Parents may not share child protection documents or post about the case online |
| Adjournments | Only in exceptional circumstances and where in the child's best interests, by Form 14B motion |
| Missed hearing | May proceed without you |
If your health makes it hard to keep to deadlines or attend, tell your lawyer or duty counsel early. Parties cannot agree between themselves to change a date without the judge's approval.
Outcomes and the role of relatives
Interim society care is the temporary order. It usually lasts three to twelve months, and the judge decides who has care and custody and the parent's access. Each interim order is for up to 12 months. Extended society care is the Act's term for Crown wardship and lasts until a judge changes the order, the child is adopted or the child turns 18.
Relatives, extended family or community members caring for a child in need of protection who is not in a society's care may get kinship service funding, but they must be approved by the society to offer kinship service. For First Nations, Inuk or Métis children, societies must make all reasonable efforts to pursue a customary care plan. If you cannot care for your child for a time, talk to a lawyer about whether a family member could be part of your plan.
What to do next
- Note the date you received the CAS application and count thirty days for your Answer and Plan of Care
- Speak to Legal Aid Ontario's advice and duty counsel at the courthouse before the first court date if you want to oppose
- Gather your treatment and support information and a list of helpers
- Attend every court date
- Keep papers private and do not post about the case
Frequently asked questions
Can the CAS take my child because I have a mental illness?
The CAS must prove its claims on the balance of probabilities, including that the child is in need of protection and that its proposed order serves the child's best interests. A diagnosis is not the same thing as that proof. How a court views your situation depends on the facts, so get legal advice.
What is a Plan of Care?
It is part of the Answer and Plan of Care you must serve and file within thirty days of receiving the CAS application if you want to oppose it. What it should contain in your case depends on the facts, so it is worth confirming with a lawyer.
Should I sign a voluntary agreement?
A voluntary agreement is a service plan between a family and a society. Parents in a provincial review asked for clearer information before signing, so ask questions and consider getting advice first.
Can a relative look after my child instead?
Possibly. Relatives or community members caring for a child in need of protection who is not in a society's care may get kinship service funding, but they must be approved by the society. Whether it fits your case depends on the facts.
Sources
- Ontario.ca – 2023 Review of the CYFSA — ontario.ca
- Ontario Court of Justice – Child Protection: Going to Court — ontariocourts.ca
- Ontario Court of Justice – Child Protection — ontariocourts.ca
- Ontario Court of Justice – Child Protection Law Trial — ontariocourts.ca
- Ontario Court of Justice – Child Protection Case — ontariocourts.ca
- Ontario.ca – Funding for caregivers of children in need of protection — ontario.ca
- Ontario.ca – Customary care — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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