Child Protection Legal Services

Child Protection

Child protection matters involve the intervention of the local Children’s Aid Society (CAS) or other child protection agencies, who are responsible for investigating concerns about a child’s safety or welfare. Following the receipt of a reported allegation, child protection workers may investigate the reported situation and determine whether intervention is necessary.

Child protection law is meant to ensure the safety and well-being of children who may be at risk of harm or are in need of protection. In Ontario, child protection law is primarily governed by the Child, Youth and Family Services Act (CYFSA) which encourages taking the least disruptive course of action necessary to ensure a child’s safety and well-being, recognizing the importance of preserving family, community, and cultural connections.

Parents involved in child protection matters often face complicated and emotionally overwhelming situations. These situations can have profound impacts on families and a parent’s decisions early in that process may have significant impacts on the outcome of a matter.

In some cases, CAS may provide voluntary supports and services to help families address concerns and allow children to remain in their homes. If CAS believes that a child may be in need of more protection, they may take further steps, including commencing court proceedings. The CAS may ask the court for a supervision order that allows the child to remain with their parents under certain conditions, or in more serious situations where a child cannot safely remain at home, CAS may seek to remove or apprehend the child and place them with a family member or friend (known as a kin placement) or in foster care.

Child protection cases are governed by strict timelines set out under the CYFSA. Because child protection cases move so quickly, it is critical to obtain legal advice as early as possible. A lawyer experienced in child protection law can help you understand your rights and responsibilities, communicate and negotiate with CAS, and represent you in court, even if proceedings have already started. Proper legal representation can help you understand and protect your parental rights, while taking defensive steps to mitigate or address any concerns flagged by the CAS.

If you are currently facing a matter involving CAS as a parent or if you are a friend or family member caring for a child due to child protection concerns, please contact a member of Cohen Highley’s Family Law Group as soon as possible.