Can You Refuse a CAS Voluntary Services Agreement in Ontario?

A worker from Children's Aid has put a voluntary services agreement in front of you and asked you to sign. It may feel like there is no real choice, and many parents worry that refusing will be treated as proof that something is wrong.

This article explains what consent means under Ontario law, what refusing can lead to, and what to do before you sign anything.

What a voluntary agreement is meant to be

Ontario's Child, Youth and Family Services Act (CYFSA) says help for parents should, where possible, be given on the basis of mutual consent. It also says the least disruptive course of action that is available and appropriate should be considered.

A voluntary services agreement is generally a written plan setting out what the family and the society will each do. The exact terms differ from one file to the next, so the document in front of you is what matters. Read every line and ask what each commitment would mean in daily life.

When your consent counts

Under section 21(2) of the CYFSA, a consent or agreement, including a decision to withdraw one, is valid only if the person meets four conditions.

• You have capacity.
• You are reasonably informed.
• You have had a chance to get independent advice.
• You act voluntarily, without coercion or undue influence.

For a young person who is 16 or older, a service may be provided only with that person's own consent, unless a court has ordered the service.

Because a consent is valid only if you have had a chance to get independent advice, it makes sense to speak with a lawyer before signing. Feeling rushed or pressured is a reason to pause and ask for time.

What CAS may do if you refuse

A society that receives a report must carry out an assessment and verify the reported information. How that fits with a voluntary agreement you decline depends on your situation. A society may also apply to the court to decide whether a child is in need of protection, which is the court route where voluntary services are not agreed.

The grounds for finding a child in need of protection include physical harm, or a risk of physical harm or emotional harm. A court decides whether those grounds are met, not the society alone.

Removal of a child is a separate and more serious step with its own rules. A justice of the peace may issue a warrant if satisfied on sworn information that the child is under 16, needs protection, and a less restrictive option is unavailable or would not be enough. Without a warrant, a worker may bring a child to a place of safety only where the worker believes on reasonable and probable grounds that the child under 16 needs protection and that waiting for a warrant would create a substantial risk to the child's health or safety. In other situations, the Act's removal powers depend on a warrant or court order.

If a child is brought to a place of safety, the matter must be dealt with within five days, as described in our article on the first court hearing.

Voluntary agreement or temporary care agreement?

These are different. A person who is temporarily unable to care adequately for a child may make a temporary care agreement with a society. No such agreement may be for a term longer than six months, and with a Director's written approval it may be extended, but the total cannot exceed 12 months.

Ask the worker exactly what kind of document you are being given, whether the child would remain in your care, and how long it would last.

What to do next

• Ask for the document in writing and take it home to read.
• Write down each commitment and ask the worker what it requires, and by when.
• Ask what the society says the concerns are.
• Speak with a lawyer before signing, so your consent is informed.
• Keep copies of everything you sign and notes of every conversation.
• If you decide not to sign, say so calmly and in writing, and ask a lawyer how best to respond to the assessment.

Frequently asked questions