Should You Sign a CAS Safety Plan in Ontario? What It Means

A worker from the children's aid society (CAS) sits down with you and slides a written safety plan across the table. It may say who can be alone with your child, where your child will stay, or what you will and will not do. You are being asked to sign, often while you are stressed and without much time to think.

This article explains what a safety plan generally is, how it differs from the formal agreements and court orders in the Child, Youth and Family Services Act (CYFSA), and what your options are if you do not agree with it. It is general information, not advice on your situation.

What a CAS safety plan is

A safety plan is a plan the society puts in place to keep a child safe while it works with a family. Under the Ontario Child Protection Standards, a safety plan must be assessed by a supervisor and approved before it is implemented, formally documented within five days of first face-to-face contact, and monitored continuously while it is in place.

Safety plans often look to family, extended family or community members who can help, where that is consistent with the child's safety.

The Act itself also sets a general direction: its paramount purpose is the best interests, protection and well-being of children, and one of its additional purposes is using the least disruptive course of action that is available and appropriate to help a child. A safety plan is often presented as a way to avoid a more disruptive step.

Is a signed safety plan legally binding?

This is the question most people ask, and it does not have a simple answer. The Act sets out specific formal routes where a parent consents to a child being in society care, and a safety plan is not the same thing as those routes. Whether a particular plan is enforceable, and what happens if you later change your mind, depends on what it says and how it was made. A lawyer can confirm that after reading the document.

What the Act does set out clearly are two formal consent routes. Comparing them with a safety plan can help you see what is at stake:

If a document you are asked to sign says the child will be in the society's care and custody, or asks you to consent to a court order, that is a much bigger step than an agreement about who supervises visits. Ask the worker which kind of document it is before you sign anything.

Questions to ask before you sign

• What specific worry is this plan meant to address, and what is the worker asking me to do or not do?
• Is this a safety plan, a temporary care agreement, or something else? What is the name of the document?
• How long does the plan last, and how will it be reviewed or ended?
• Who are the people named in the plan, and have they agreed to take part?
• What happens if I disagree with one part of the plan? Can that part be changed?
• Has a supervisor approved the plan, as the standards require?
• Can I take a copy home and have a lawyer read it before I sign?

You can ask for a copy and some time to think, although the worker may tell you the situation is urgent. If you feel pressured, say plainly that you want advice first and ask the worker to note that request. Keep your own notes of what was said, with dates and names.

What can happen if you do not agree

Declining to sign does not make the concern go away, and the society may take other steps. A worker can seek a warrant from a justice of the peace 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. Without a warrant, a worker may bring a child under 16 to a place of safety 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 needed to bring the matter before the court or obtain a warrant.

If the society starts a court case after taking a child to a place of safety, it must go to court within five days after starting the case. A responding party must serve and file an Answer and Plan of Care within thirty days of receiving the CAS application. At the first court date the judge decides whether the child can be returned to a parent or an extended family member.

Courts do not simply accept removal. A court can only remove a child if less disruptive alternatives, including non-residential care, would be inadequate. Before making a temporary order for society care and custody, it must consider whether the child can instead be placed with a relative or a member of the child's extended family or community. A safety plan that keeps a child safely with family may be relevant to those questions, which is one reason to get advice before agreeing or refusing.

Ways to challenge or raise concerns

• Talk to the worker and ask for changes to the parts you cannot do or do not agree with.
• Make a complaint to the society about a service sought or received; if you are not satisfied with the society's decision after its review, you can apply to the Board for a review.
• Respond in court if an application is filed, using the Answer and Plan of Care process.
• If a court assessment comes up, get advice about it early: a court can order an assessment if it is necessary to make a determination, and it may draw a reasonable inference from a refusal.
• Appeal a Part V decision if you are a parent or the person who had charge of the child before society intervention; care decisions are stayed for 10 days after the notice of appeal is served.

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

What to do next

• Do not sign on the spot if you are unsure; ask for a copy of the document and time to review it.
• Write down the worker's name, the date, what was said and what you were told would happen if you did not sign.
• Identify relatives or friends who could safely help, and find out whether they are willing to be assessed.
• Keep any copies of documents, messages and court papers in one place.
• Speak with a family or child protection lawyer as early as possible, before signing or before the Answer and Plan of Care deadline.

Every case turns on its facts. A lawyer can read the actual document, explain what you would be agreeing to, and help you decide whether to sign, ask for changes or respond in another way.

Frequently asked questions