Child protection laws in Ontario aim to ensure the well-being and protection of children. The Child, Youth and Family Services Act, 2017 (CYFSA) mandates the reporting of suspected child abuse or neglect to Children’s Aid Societies (CAS). CAS investigations can be incredibly serious and have a huge impact on families. If CAS has become involved in your family situation, it’s important to remember that you are not alone.
At Gelman & Associates, our Toronto child protection lawyers help parents or caregivers protect their legal rights when their children come to the attention of CAS or social workers in Ontario. While you can work voluntarily with a CAS employee, the information they collect can be used to build a case against you. If you need help speaking with the CAS or if they have taken you to court, we can help preserve the integrity of your family and advocate on your behalf.
To schedule a consultation and discuss your legal options, call Gelman & Associates today.
Understanding Child Protection Cases in Ontario
Under the CYFSA, a “child in need of protection” is defined as any child who has suffered, or is at risk of suffering:
- Physical, sexual or emotional harm
- Neglect of basic needs (e.g., food, housing, medical care)
- Risk of harm due to the actions, failures to act, or inability of the person having charge of the child
- Exposure to domestic violence or conflict
- Unstable living environments
- And more
This might include situations where children are subject to (or are at risk of) physical harm, molestation, exploitation, emotional harm, or patterned neglect.
If any of these scenarios occur (or seem likely to occur) within a child’s living situation, it is required by law to be reported to a Children’s Aid Society in Ontario. A CAS can be contacted by a variety of service providers or individuals close to the family, such as teachers, doctors, nurses, day-care workers, police officers, and others.
When this happens, the CAS will investigate the child’s home and family life to assess any concerns of risk or actual harm that exist. If they believe the child to be in potential danger, they can bring a protection application in court and attempt to remove the child from their former living situation.
It’s important to know that you have legal rights when CAS becomes involved in your situation. For example, you have the right to consult with and be represented by a lawyer, and you do not have to sign voluntary agreements without legal advice. Anything you say to CAS can be used in court, which is why it’s important to involve a lawyer in your investigation early. With the help of a professional, you may be able to reduce the risk of losing decision-making responsibility (custody) over your child.
The Role of the Children’s Aid Society (CAS) in Toronto
Children’s Aid Societies (CAS) in Ontario provide child protection services to children being harmed or are at risk of harm. They are responsible for:
- Investigating reports of abuse or neglect of children under 18 and, where necessary, taking legal steps to protect them
- Looking after children under their care or supervision
- Counselling and supporting families, and placing children for adoption
All children’s aid societies in Ontario must comply with the Child Protection Standards when operating. In Toronto, the GTA, and across the province, a variety of CAS’s exist, including but not limited to:
- Children’s Aid Society of Toronto
- Catholic Children’s Aid Society
- Native Child and Family Services
- Jewish Family & Child
- And more
While CAS’s are meant to support families, they also have a duty to launch investigations into concerning allegations. As a result, any contact with CAS should be approached cautiously and with legal advice.
When a CAS opens an investigation into your child’s environment, there are several actions they’ll take. Typically, workers will conduct interviews with parents and/or caregivers, speak to children in private, and contact third parties, like schools or doctors. Based on the findings of their investigation, possible outcomes include:
- Closing the file and taking no further action
- Keeping the file open with voluntary services/supports
- Requesting caregivers to sign an agreement (with conditions)
- Applying to the court for a protection or supervision order
- Immediately removing the child from their situation
How Our Toronto Child Protection Lawyers Can Help You
Our team understands that sometimes extenuating circumstances arise that you cannot control. We help parents and guardians navigate CAS investigations so that families can stay together. At Gelman & Associates, we will ensure you are heard in protection proceedings and do everything in our power to help you.
When you work with our Toronto child protection lawyers, we will:
- Advise you on all communication with CAS
- Prepare you for interviews
- Ensure the information you provide to CAS is accurate and is not self-incriminating
- Advocate for your side of the story in court
- Present strong evidence and call witnesses to help your case
- Argue for reunification and less intrusive orders
- Negotiate with CAS to reach a voluntary agreement that is fair
- Seek alternatives to apprehension
- Explain the conditions of court orders and agreements clearly to you
- Challenge unfair or overly restrictive orders
- Seek modifications to court orders, where appropriate
- And more
We employ our years of combined family law and child protection experience to help clients achieve their goals. With a balance of strong courtroom advocacy, supportive client care, and a knowledge of Toronto’s CAS system, we will focus on protecting your child’s welfare while also safeguarding your parental rights. We understand these cases are deeply personal and emotionally challenging, which is why we approach every situation with empathy and a readiness to listen to your side of the story.
Contact Our Child Protection Lawyers in Toronto
When it comes to CAS cases in Toronto and across Ontario, seeking quick legal action can make all the difference. Do not wait to contact us until your matter escalates to court–call Gelman & Associates today to navigate your situation with confidence.
