What Are Your Rights When Child Protection Contacts You in Nova Scotia

A call or visit from a child protection worker can leave you frightened and unsure what to say. Many parents worry that any wrong word will cost them their children, and that worry makes it hard to think clearly.

This article explains what we can say in general terms about the process in Nova Scotia, what to do in the first conversation, and where to find legal help. The rules on exactly what a worker can require of you are detailed and depend on the circumstances, so a lawyer should review your situation.

This article covers the law of Nova Scotia.

What the contact usually means

Child protection work in Nova Scotia is governed by the Children and Family Services Act. A worker may contact you because someone has raised a concern about a child, and the concern may or may not turn out to be serious. A call or visit on its own does not tell you how the matter will unfold. That depends on the facts of your situation, so it is worth confirming with a lawyer what the contact means for your family.

If the matter does go to court, child protection proceedings under the Children and Family Services Act are heard by the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.

Must you talk, open the door or sign?

These are the questions parents ask most, and the honest answer is that it depends on what the worker is asking for and on the facts. Whether you must allow entry, answer questions or agree to a plan is a legal question that a lawyer should answer for your situation.

What you can do safely in the meantime is stay calm and polite, ask the worker for their name, office and the reason for their contact, and ask for any request to be put in writing. You can also say you would like to get legal advice before you answer detailed questions or sign any document.

• Do not sign anything you have not read and understood.
• Ask what any document means and what happens if you do not agree.
• Avoid guessing or speculating about events; say you will follow up.
• Never threaten or argue with the worker, as that can make matters harder.

Keep records and protect the child's routine

Good records help your lawyer understand what happened. Start a simple log as soon as you can.

• Write down the date, time, name and phone number of every contact.
• Save texts, emails, letters and voicemails.
• Keep school, medical and daycare records that show how the child is doing.
• Note any services or supports you have arranged.
• List people who know the child well and could speak about your care.

Getting legal help

Legal aid family coverage under Tariff 2 includes matters under the Children and Family Services Act, as well as the Parenting and Support Act, the Divorce Act and the Adult Protection Act. You must still meet the financial eligibility rules, which look at whether you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or whether paying for a lawyer would reduce your income enough to qualify.

If legal aid refuses, suspends or withdraws services, you can appeal to the Commission by written request for review. Even if your income is above the usual amounts, the Commission can find you eligible where hiring a lawyer would cause undue financial hardship.

What to do next

• Contact a family lawyer or Nova Scotia Legal Aid as soon as possible, ideally before any detailed interview or signing.
• Bring your log, any letters and any court papers to the first meeting.
• Follow any court dates or deadlines on documents you receive, and do not ignore them.
• If you believe a child is in immediate danger, seek emergency help right away instead of waiting for legal advice.

Frequently asked questions