What Is a Supervision Order in an Ontario Child Protection Case?

If a children's aid society tells you it wants a supervision order, it usually means it is proposing that your child stay in a home, possibly yours, while the society keeps watching over the situation. That can be a relief or a worry, and you probably have questions about what it requires of you.

This article explains what the CYFSA says about supervision orders, how long they last, what the court considers first, and what other outcomes are possible. The exact terms of any order depend on your case, so a lawyer can explain what is being proposed.

What a supervision order is

A supervision order is one kind of final order in a child protection case. The child is placed in the care and custody of a parent or another person, under society supervision, for at least three months and no more than 12 months.

It differs from a temporary order made while a case is ongoing. A court can also return a child to a caregiver under society supervision on an adjournment, but that is a temporary measure.

How the court gets to this order

A society may apply to the court to decide whether a child is in need of protection. The grounds include physical harm inflicted, or caused by a failure to care for or protect the child, by the person who has charge of the child. They also include a risk that the child is likely to suffer physical harm or emotional harm.

When deciding what is best for a child, the court considers factors including the child's views and wishes, given due weight according to age and maturity, the child's physical, mental and emotional needs, relationships with family and community, continuity of care, and the risk of harm from removal.

The court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate. Before ordering removal, it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order. The Act also says the least disruptive course of action that is available and appropriate should be considered.

Duration, conditions and what can follow

The length is set by the court within the range in the Act: at least three months and no more than 12 months. A court may also order a period of interim society care followed by supervision, together not exceeding 12 months.

The specific conditions in an order, and what happens if they are not followed, depend on the wording of the order and the facts. Read any proposed terms closely and ask a lawyer to explain them before you agree.

Special rules and agreements

• First Nations, Inuk or Métis children: unless there is a substantial reason to place the child elsewhere, the court must place the child with extended family if possible, and if not, with another family from the child's community.
• Agreeing to terms: a consent or agreement is valid only if you have capacity, are reasonably informed, have had a chance to get independent advice, and act voluntarily, without coercion or undue influence.
• Later changes: the person the child was placed with under a supervision order may start a status review on notice to the society, as may a parent, though a parent needs the court's leave in some cases.

What to do next

• Ask the society to put its proposed terms in writing.
• Speak with a family lawyer before you consent to anything.
• Consider whether a relative or community member could care for your child, and whether they would consent.
• Keep records of contact with the society and any steps you take.
• Make a note of the order's end date and ask your lawyer about a status review if circumstances change.

Frequently asked questions