What Happens When CAS Knocks on Your Door in Ontario

An unannounced visit from a children's aid society (CAS) worker is stressful. You may not know why the worker is there, what they are allowed to do, or whether you have to answer questions on the spot.

This article explains in plain language why visits happen, what Ontario's child protection law lets a worker do, and calm, practical steps you can take. It is general information, not advice about your situation.

Why a worker may be at your door

Anyone who has reasonable grounds to suspect that a child needs protection must report that suspicion immediately to a society, and must report directly rather than rely on someone else to do it. A society that receives a report must, as soon as possible, carry out an assessment and verify the reported information. How that is done in a particular case depends on the circumstances, so it is worth confirming with a lawyer.

No legal action can be brought against a person who reports, and the duty to report applies even if the information is confidential or privileged. That protection does not apply if the person acted maliciously or without reasonable grounds. A society may also refuse to show you your own record if doing so could identify someone who was required by law to provide information, such as a person who reported. You still have a right of access to any part of the record that can reasonably be severed from the part that is withheld. So you may not be told who made the report.

What the worker is allowed to do

• Interview the child inside or outside the home, with or without the parent's or caregiver's knowledge or consent, depending on the circumstances. The standards say it is preferable to get the parents' agreement or give notice.
• Make an unannounced visit. The need to interview the child immediately is one reason the standards give for this.
• Look at the whole home where conditions are hazardous or suggest neglect, especially where the child sleeps.
• In joint CAS and police investigations where a parent or primary caregiver is the alleged abuser, parents and caregivers are generally not contacted before the child is interviewed.

Removing a child is a different matter. A justice of the peace may issue a warrant to bring a child under 16 to a place of safety if satisfied on sworn information that the child needs protection and a less restrictive option is unavailable or would not be enough. A worker may act without a warrant only if they believe on reasonable and probable grounds that a child under 16 needs protection and that waiting for a warrant would put the child's health or safety at substantial risk. In other situations, the Act's removal powers depend on a warrant or court order.

What to do at the door

• Stay calm and polite. Raised voices or a slammed door can make the worker more concerned.
• Ask for the worker's name, identification, office and phone number, and write them down.
• Ask what the concern is and whether the worker is asking for something or telling you something.
• Note the date, time, who was present and what was said.
• Do not sign anything you do not understand. An agreement is valid only if you are reasonably informed, have had a chance to get independent advice and act voluntarily.
• Make sure your child is safe and comfortable. Do not coach your child on what to say.
• Tell the worker you would like to speak with a lawyer, and ask about a time to follow up if you need one.

Being cooperative and getting advice are not opposites. Many parents do both.

What can happen after the visit

The Act says help for parents should, where possible, be given on the basis of mutual consent, and that the least disruptive course of action that is available and appropriate should be considered. The paths below show how things can go.

If a child is brought to a place of safety, then as soon as practicable, and in any event within five days, the child must be brought before the court for a hearing, returned to the person who last had charge, or placed under a temporary care agreement or an agreement with a 16- or 17-year-old.

What to do next

If a worker has visited, write down what happened while it is fresh. Keep any papers the worker left. Do not delete messages or records. If a court application is started, the Family Law Rules set maximum times, including a first hearing within 5 days if the child was brought to a place of safety and a hearing within 120 days of the start of the case. The court may lengthen a time only if the child's best interests require it, and the parties cannot lengthen it by consent. Child protection hearings are held without the public present unless the court orders otherwise.

Because things can move quickly, speak with a lawyer early, ideally before you sign anything or agree to a plan.

Frequently asked questions