What Happens When a CAS Worker Comes to Your Door in Ontario

An unexpected visit from a children's aid society worker is stressful, and most parents are unsure what the worker is allowed to do. It helps to understand why the visit is happening and where the worker's powers start and stop.

This article explains how a visit usually fits into the child protection process in Ontario, what powers a worker has, and calm, practical steps you can take. It is general information, not advice on your situation.

Why a CAS worker may be at your door

Anyone who has reasonable grounds to suspect a child needs protection must immediately report that suspicion to a society. When a society receives a report, it must as soon as possible carry out an assessment and verify the reported information. A visit to your home is often part of that process.

The grounds on which a court can find a child in need of protection include physical harm, a risk of physical harm and a risk of emotional harm. A visit does not mean a finding has been made. It usually means the society is checking a report.

You may wonder who made the report. A society can refuse to give you access to your own record if access could reasonably be expected to identify a person who was required by law to give information, such as someone who reported.

What a worker can do during a visit

Under the Ontario Child Protection Standards, 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. The standard says it is preferable to get the parents' agreement or give them notice.

• A visit can be unannounced, and the need to interview the child immediately is one listed reason.
• Where conditions are hazardous or suggest neglect, the worker sees the whole home, especially where the child sleeps.
• In joint investigations with police where a parent or primary caregiver is the alleged abuser, parents and caregivers are generally not contacted before the child is interviewed.

Whether you must open the door is a separate question, and it is covered in our article on letting a worker into your home.

When a child can be taken from the home

A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety. The justice must be satisfied on sworn information that the child is under 16, needs protection, and that a less restrictive option is unavailable or would not be enough.

There is an exception. A worker who believes on reasonable and probable grounds that a child under 16 needs protection, and that there would be a substantial risk to the child's health or safety in the time needed to get a warrant, may bring the child to a place of safety without a warrant. In that situation the worker may also enter premises without a warrant, by force if necessary, to search for and remove the child. In other situations, the Act's removal powers depend on a warrant or court order.

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, returned to the person who last had charge of them, or placed under a temporary care agreement or an agreement with a 16- or 17-year-old.

Sensible steps during the visit

• Stay calm and polite. Ask for the worker's name, identification and the society they work for.
• Ask why they are there, and write down what you are told.
• Ask whether they have a warrant or court order, and note the answer.
• Write down the date, time, who was present and what was said, as soon as the visit ends.
• Do not sign anything you do not understand. An agreement or consent is valid only if you are reasonably informed, have had a chance to get independent advice and act voluntarily.
• Remember that help for parents should, where possible, be given on the basis of mutual consent, and that the least disruptive available and appropriate course should be considered.

Cooperating and protecting your rights are not opposites. You can be respectful, answer what you are comfortable answering, and still say that you would like advice before agreeing to a plan.

What to do next

After the visit, ask the worker what happens next and when you can expect to hear from the society. If services are not agreed, a society may apply to the court to decide whether a child is in need of protection.

• Keep your notes and any papers the worker left.
• Gather documents that may matter, such as school, medical and daycare records.
• Speak with a lawyer early, especially before signing an agreement or if a court application is mentioned.
• If your child is 16 or older, remember that a service provider may provide a service to them only with their consent, unless a court has ordered the service.

Frequently asked questions