Dealing with the Children's Aid Society

Transcript of Dealing with the Children's Aid Society

Please note: The script may not be exactly what is spoken, but contains the same information as presented in the video.

Hi, I am Jason Isenberg of Feldstein Family Law Group.

INTRODUCTION

For many parents and other caregivers, having to deal with a Children’s Aid Society in Ontario can be stressful and at times overwhelming. In most cases, the Society will work with a family on a voluntary basis for the purpose of assisting with services when children may be in need of protection. The Society will normally assign a social worker to the family, who will assist while the children remain with their parents. In essence, the Society exists to help families and should be seen as more of a shield than a sword.

COURT APPLICATION

In some cases the Society will need to start a court application. You should know that when a Society commences a court proceeding, the Society must first prove that a child is need of protection. After a child is found to be in need of protection and after a court is satisfied that a court order is necessary to protect a child in the future, the court can then decide the appropriate order for the child, taking into consideration the best interests of the child.

PARTIES

You should know that when the Society commences a court application, they must give notice to all persons defined as “parents” in the Child and Family Services Act. The term “parent” is given a broad definition and includes more than just the natural mother or father of a child.

You may be a grandparent, uncle, aunt or close friend of the family and have not been included in the court proceeding, yet would like to plan for a child involved in the court application. You should know that the court can add you to the application, which will allow you to participate in all parts of the proceeding.

PLAN OF CARE

Every person participating in the court application is entitled to a copy of the Society’s plan for the child, which includes:

• information regarding the services the Society expects to provide to the family;
• what the Society expects the family to do;
• explanations as to why a child cannot remain in the care of a particular caregiver; and
• a description of arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.

This Plan of Care is a very key document as it provides the parents and other caregivers with information on what they may or may not need to do to remedy the situation that resulted in their child being found to be in need of protection. The Plan of Care also assists the court in deciding the most appropriate order for a child and whether the proposed plan will meet the needs of the child.

APPREHENSION

In certain circumstances the risks associated with a child remaining in parental care will be too high, and the child will be apprehended by the Society.

Apprehension of a child is a remedy not often sought by the Society, and normally is done by obtaining a warrant from a Justice of the Peace. As well, in certain circumstances, a child can be apprehended without a warrant.

You should know that the Society must as soon as practicable, but in any event within five days after a child is apprehended:

• bring the matter to court to obtain an interim order maintaining the child in the care of the Society;
• return the child to the person who last had charge of the child or the person who is entitled to custody under an order; or
• have the child remain in the care of the Society under a temporary care agreement.

If an order is made placing the child in the temporary care of the Society, a parent has the right to a hearing to determine whether the child can be returned to the parent or another person under the supervision of the Society.

If a child remains in the care of the Society, it is important to act quickly to have that child removed from Society care. You should know that a child under 6 years of age can only remain in Society care for 12 months, at which time the Society must decide whether the child should be made a ward of the Crown, which can permanently remove the child from the care of that child’s parents. Children 6 years of age and older can only remain in the care of the Society for 24 months, at which time the Society must decide whether the child should be made a ward of the Crown.

You should consider retaining the services of a lawyer at the earliest stage of involvement with a Children’s Aid Society to ensure your rights are protected, that you are properly informed, and that you fully understand the process.