Police Attending With CAS to Remove a Child: Your Rights

Few moments are as frightening as finding a children's aid society (CAS) worker and police officers at your door, saying they are there about your child. You may not know whether they can come in, whether they have paperwork, or whether your child is leaving with them.

This article explains, in general terms, the Ontario rules that apply when a child protection worker wants to bring a child to a place of safety. It is not legal advice. Every situation turns on its facts, and a family lawyer can tell you where you stand.

Why police come with a CAS worker

The Child, Youth and Family Services Act (CYFSA) says its paramount purpose is to promote the child's best interests, protection and well-being, and that one of its additional purposes is to use the least disruptive course of action that is available and appropriate to help a child. Removal is meant to be a serious step, not the first one.

A worker acting under the removal section of the Act may call for the assistance of a peace officer.

A child is in need of protection on grounds listed in the Act, including physical harm or a risk of likely physical harm by the person having charge of the child, sexual abuse or exploitation (or risk), and emotional harm (or risk). The grounds focus on the child's circumstances and the risk to the child.

Removal with a warrant

A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if there are reasonable and probable grounds and a less restrictive course would not adequately protect the child.

With a warrant, the worker may enter the premises named in the warrant, by force if necessary, and search for and remove the child. The worker may also authorize a medical examination where a parent's consent would otherwise be required.

• Ask to see the warrant and read what it names, including the address.
• Ask for each person's name, role and contact details.
• Ask where the child will be taken and who you can call for updates.
• Note the time everyone arrived and left.

Removal without a warrant

A worker can bring a child under 16 to a place of safety without a warrant only if the worker believes on reasonable and probable grounds that the child is in need of protection and that there would be a substantial risk to the child's health or safety during the time necessary to bring the matter before the court or obtain a warrant.

The Act also allows warrantless entry, by force if necessary, to search for and remove a child in those circumstances. Whether the test was actually met in a particular case is a question a lawyer can assess afterward.

How to respond in the moment

Arguments, shouting or physical resistance rarely help and can make the situation worse for you and for your child. Try to stay calm, speak quietly and keep your child's emotions in mind. Ask questions and ask for the grounds in plain terms.

Call a family lawyer as soon as you can, even while the workers are present if that is possible. Do not sign anything you do not understand. In particular, a temporary care agreement is a written agreement under which a person temporarily unable to care for a child agrees to the society's care and custody. It is a voluntary agreement and a significant decision, so it is worth getting advice before you sign one.

If the situation allows, tell the workers about relatives or family friends who could care for your child. The Child Protection Standards say workers should identify extended family, relatives and community members who might help keep the child safe.

What happens after a child is taken

When a child has been taken to a place of safety, the CAS must go to court within five days after starting the court case. If you respond to the CAS application, you must serve and file an Answer and Plan of Care within thirty days of receiving it. At the first court date the judge decides whether the child can be returned to a parent or an extended family member.

Before making a temporary order for society care and custody, the court must consider whether the child can instead be placed with a relative or a member of the child's extended family or community. It can remove a child only if less disruptive alternatives, including non-residential care, would be inadequate.

These hearings are closed to the public unless the court orders otherwise, and court records are not available to the public.

What to do next

• Write down what happened, who attended, what was said and the times, while it is fresh.
• Keep copies of any warrant, notice or papers you were given.
• Contact a family lawyer right away so you understand deadlines.
• Prepare a list of safe relatives or community members who could care for your child.
• Follow any court dates carefully and attend them.
• If you are unhappy with how the society treated you, ask a lawyer about the complaint process.

A person may complain to a society about a service sought or received, and may apply to the Board for a review of the society's complaint decision in some cases. How a complaint fits with your court case depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions