Family Law
Child Protective Services
Family Law
Child Protective Services
Canada has firm laws when it comes to the care and protection of children. When the level of care provided by the parents or guardians falls below acceptable standards, the state has the authority to intervene to protect the well-being of the child and take necessary action through agencies, such as the Children’s Aid Society in Toronto. Child welfare agencies are run by each Province’s regional governmental organizations,with the agency usually having a Children’s Aid title with the region in which the children reside.
How do child welfare agencies operate at the provincial level?
Each child protective service has the jurisdiction under the province to protect children from the risk of harm by way of abuse, neglect or conflict. They investigate cases of abuse or neglect of children and take action if necessary, including removing the child from the unsafe environment. However, when a wrong complaint is filed with the agency, they might issue a child removal without a thorough investigation or by mistake. In such cases, you will need the assistance of a capable family lawyer to restore your parental rights and to return the child back to you.
What are the Child Protective Services?
Governmental and provincial agencies entrusted with the responsibility for ensuring the safety and well-being of children are collectively called Child Protective Services (CPS). They can independently intervene in situations where the children are subject to neglect, unsafe conditions, abuse, and poor standards of living. When such a complaint is confirmed upon investigation, they will move the children from the unsafe living conditions and put them in foster care or kinship care under their supervision on a temporary basis. And when necessary, they also arrange for a court order for extended care for the purposes of adoption of children under their care to deserving couples.
What are the Children’s Aid Societies (CAS)?
Children Aid Societies are the official child welfare agencies providing child protective services in Ontario. While they come under the Ontario Ministry of Children, Community and Social Services, which supervises and disperses funding to them, CAS is an independent agency enjoying a great degree of autonomy in its operations. While CAS is operating as an independent agency, the Child and Family Services Review Board is authorized to look into any complaints raised against them and issue orders against CAS, where necessary.
What are the main functions of CAS?
They are entrusted with the following functions:
- Investigating complaints and reported cases of child neglect, abuse, or children living in unsafe living conditions.
- Providing foster care and housing for the affected children and supervising them.
- Intervening in reported cases of child neglect andfacilitating remedial measures, such as counselling and support for the families.
- Providing adoption services for children in need.
What are the Catholic Children’s Aid Societies (CCAS)?
The Catholic Children’s Aid Society, as the name suggests, is a Catholic non-governmental organization performing similar functions as that of CAS, and just like CAS, they also receive funding from the provincial government of Ontario. Unlike CAS, CCAS’s functions and operations are rooted in Catholic values and teachings.
What are the differences between CAS and CCAS?
CAS differs from CCAS in the following manner:
- They may give more preference to Catholic families when looking for a foster care home or potential adoption parents for a child.
- They work closely in partnership with the Catholic community and institutions such as local Catholic parishes, charities, and schools.
- It is the stated purpose of the organization to integrate Catholic teachings and values into the work they do.
How can a family lawyer help you?
The intervention from CPS can turn your family life upside down, and you will need immediate legal assistance to sort out the issues. A family lawyer can help you with the following:
Challenging any wrong CPS reports or claims:
False complaints from neighbours or cultural misunderstandings could lead to a wrong CPS report. If so, you need to immediately contact them through your family lawyer and set the record straight. Otherwise, the matter might escalate in the future, leading to a child removal order.
Challenging the CPS order:
It might also be necessary to challenge the CPS order through internal appeal options as well as in court. For example, you can request a review of the CPS order, and the agency will review your case and inspect your home, if necessary, to ascertain if any errors were made in their initial evaluation.
Considering feasible alternative solutions:
If the agency is not comfortable with returning the child to the parents until they have taken the necessary remedial action, it might still be possible to find an alternative to foster care. Your family lawyer might be able to negotiate with CPS and come to an understanding on sending the child to live with relatives or a family friend until the issue is resolved.
Negotiating the return of the child with CPS:
If a child was removed from a home because of poor standard of living conditions there, it is possible to arrange the return of the child after taking the necessary remedial measures. The parents might be required to undergo counselling sessions and parenting classes to ensure that such situations will not arise in the future. Your family lawyer will negotiate with the child welfare agency to understand what the requirements are and come to an understanding of the timeline in which the child will be returned.
Representing you in court:
The final decision on child custody is to be determined by the court. As per Canadian law, the court will make the decision solely based on the best interests of the child. An experienced family lawyer will know how to argue the case and ensure that your parental rights are protected in the final court order.
Frequently Asked Questions?
What happens when CPS intervenes and removes a child from the home?
This will vary on a case-to-case basis.
- To start with, the agency will place the child in an approved foster home as a temporary measure.
- Meanwhile, legal action will be initiated against the parent or guardian who neglected the child,and the court will make the decision concerning the temporary or, if necessary, the permanent arrangement for the child.
- It is the objective of child welfare agencies to reunite the children with their parents, if possible. Therefore, in most cases, the agency will cooperate with the parents if they can prove that sufficient remedial measures have been taken.
How can a parent appeal against a CPS decision?
If you are a parent facing a CPS decision and in danger of losing the custody of your children, you have the following options:
- Address the concerns raised by CPS and prove that you have resolved them.
- Challenge the child removal order issued by CPS in court through a family lawyer.
- Appeal the CPS decision by requesting a review if you are sure they made a mistake in their initial evaluation.
- Appeal the final order of a lower court to a higher court.
What are the circumstances requiring a CPS intervention?
- One or both parents suffering from mental health problems or substance abuse or addiction issues.
- Child neglect: If it can be proven that the child is not getting the necessary supervision ormedical care or is deprived of food, shelter, or education, child welfare agencies can intervene in the best interests of the child.
- Child abuse: This can be neglect orphysical, emotional, or sexual in nature.
- Domestic violence: If the child is exposed to domestic violence between the parents at home or other adult conflict, CPS will deem it an unsafe environment for the child.
In all of the above instances, CPS has the authority to remove the child from the unsafe environment and house them temporarily in foster care or consider a responsible relative willing and able to take the child in for temporary care.
We can Help
While CPS does play its part in ensuring the well-being and safety of the child, cultural misunderstandings and miscommunications can occur, leading to CPS interventions in the wrong case. If you are fighting to protect your parental rights in a CPS case, reach out to our legal team today for assistance. Our experienced family lawyers will fight for your family’s rights and ensure that your children’s well-being is safeguarded.