What Is a CAS File and How Do I Get a Copy in Ontario?

If a children's aid society (CAS) has been involved with your family, or you were once a youth in care, you may want to see what is written about you. Records can help you understand decisions, prepare for court, or simply make sense of your own history.

This article explains in plain words what a CAS file is, what the Child, Youth and Family Services Act, 2017 (CYFSA) says about refusing access, and what to expect if some of it is withheld.

What a CAS file generally contains

A society's file is its record of its dealings with a child or family. When a society receives a report, it must, as soon as possible, carry out an assessment as prescribed and verify the reported information. Notes about that work, interviews and plans are the kind of material that may be in a file.

A society may interview a child inside or outside the home, with or without the parent's or caregiver's knowledge or consent, depending on the circumstances. When kin are considered as caregivers, the society also documents its evaluation.

Your right to see your own record

Under the CYFSA, a service provider such as a CAS may refuse you access to your own record if access could reasonably be expected to lead to the identification of someone who was required by law to provide information, such as a person who reported under s. 125.

If access is refused for this reason, you still have a right of access to any part of the record that can reasonably be severed from the part that is withheld. How this applies to your own record depends on your situation, so it is worth confirming with a lawyer.

What may be withheld

A society may refuse access if it could reasonably be expected to identify someone who was required by law to provide information, such as a person who reported a concern. Anyone with reasonable grounds to suspect a child needs protection must report, even if the information is confidential or privileged.

Access may also be refused in other situations:

• it could reasonably be expected to result in a risk of serious harm to the person or someone else
• it could identify someone who gave information in confidence
• the record is privileged
• it was prepared mainly for a proceeding that has not ended

Partial access and blacked-out pages

A refusal does not always mean you get nothing. If a service provider such as a CAS withholds part of your record because access could reveal who reported under s. 125, you still have a right of access to any part that can reasonably be severed from the withheld part. This is why a record you receive may have some parts removed.

The protection for reporters has limits. No legal action can be brought against a person who reports under s. 125, but that protection does not apply if the reporter acted maliciously or without reasonable grounds for the suspicion. Whether that affects your situation is a question for a lawyer.

What to do next

• Decide what you need: your whole file, or records from a certain period or about a certain issue.
• Make your request in writing to the society that worked with you, and keep a copy.
• Include your identification details and dates to help the society find the right file.
• If you are in a court case, tell your lawyer, because a record prepared mainly for a proceeding that has not ended may be withheld.
• If you receive only part of the file, ask which grounds were used to withhold the rest and speak to a lawyer about your options.

Frequently asked questions