Contact from a Children’s Aid Society (CAS) is stressful for any parent, and child protection cases move faster than other family cases. Knowing what the society can and cannot do, and what the court will look at, helps you respond well. Law Wise acts for parents, caregivers and relatives in child protection matters from its Mississauga office, serving the entire GTA and Ontario.
Child protection law in Ontario
Child protection is governed by the Child, Youth and Family Services Act, 2017 (CYFSA). Its paramount purpose is to promote the best interests, protection and well-being of children. The Act also recognises that help for families should support the autonomy and integrity of the family unit and, wherever possible, be provided by mutual consent, and that the least disruptive course of action that is available and appropriate should be considered.
The work is carried out by Children’s Aid Societies and by Indigenous child and family well-being agencies. Anyone who has reasonable grounds to suspect that a child is in need of protection, including a teacher, doctor or other professional, must report the suspicion to a society immediately. A society that receives a report looks into it, and a child protection worker may contact you, your child or people who know your family.
When is a child in need of protection?
The Act lists the situations. They include cases where a child has suffered, or is at risk of suffering:
- physical harm inflicted by the person having charge of the child, or caused by that person’s failure to care for, supervise or protect the child or by a pattern of neglect
- sexual abuse or sexual exploitation
- emotional harm resulting from the actions, failure to act or pattern of neglect of a parent or the person having charge of the child
- harm that calls for services or treatment which the parent does not provide or consent to
What a society can do without removing a child
Removal is not the only option, and the Act prefers less disruptive ones. A society may offer or ask for:
- support services and voluntary agreements
- family conferences, mediation and other alternatives to court
- a temporary care agreement, where a parent who is temporarily unable to care for a child agrees in writing to the society caring for the child
- a supervision order from the court that leaves the child at home on conditions
Voluntary agreements and safety plans have real consequences. Get legal advice before you sign one, so that you understand what you are agreeing to and for how long.
If a child is brought to a place of safety
Bringing a child to a place of safety used to be called apprehension. When it happens, the Act requires one of the following as soon as practicable, and in any event within five days:
- the matter is brought before a court for a child protection hearing
- the child is returned to the person who last had charge of the child, or to the person entitled to custody under a court order
- a temporary care agreement is made
At the first hearings, the court decides where the child will live while the case continues. It can leave the child with, or return the child to, the person who had charge of the child, with or without society supervision. It can place the child with another person who consents, under supervision, or it can place the child in the society’s care. The court cannot choose either of the last two options unless it is satisfied that there are reasonable grounds to believe the child is likely to suffer harm and cannot be adequately protected at home. A hearing cannot be adjourned for more than 30 days without the consent of the parties.
Orders the court can make
If the court finds that a child is in need of protection, and that a court order is necessary to protect the child in the future, it makes one of these orders in the child’s best interests:
- Supervision order. The child is placed with a parent or another person, under the society’s supervision, for at least three months and not more than 12 months.
- Interim society care. The child is placed in the society’s care for a set period of not more than 12 months.
- Extended society care. The child stays in the society’s care until the order is ended by the court or expires. This used to be called Crown wardship.
- Interim society care followed by supervision. A period in care followed by a return home under supervision, for a total of not more than 12 months.
- Custody order. Custody is granted to one or more people other than a foster parent, with their consent.
The court must not remove a child from the person who had charge of the child unless it is satisfied that less disruptive alternatives would be inadequate to protect the child. Where removal is necessary, the court considers placement with a relative or another member of the child’s extended family or community before other options. Additional rules apply to First Nations, Inuit and Métis children, including a place in the case for a representative of the child’s band or community.
Time limits in society care
An order for interim society care cannot result in a child being in a society’s care for more than 12 months if the child is under 6, or more than 24 months if the child is 6 or older, subject to limited exceptions. Time spent in care under a temporary care agreement or a temporary court order is counted. Because of these limits, the steps a parent takes in the first weeks and months matter.
This comes from section 122 of the Child, Youth and Family Services Act, 2017, SO 2017, c 14, Sched 1, as it read on 10 October 2026.
Plans of care and family members
A parent responds to a child protection application with an answer and a plan of care. The plan tells the court how the child’s needs will be met and what will be done about the society’s concerns. If the child cannot return to a parent for now, a grandparent, aunt, uncle or family friend can put forward a plan to care for the child. A person who has cared for the child continuously for the six months before a hearing is entitled to notice, to be present, to have a lawyer and to make submissions.
What helps in a child protection case
- attend every court date and every visit with your child
- take part in the services that are recommended, and keep proof that you did
- keep a dated record of your contact with the society
- tell your lawyer about relatives or friends who could help care for your child
- read every document before signing, and ask for advice first
- stay courteous with the worker, even when you disagree
How Law Wise helps
- explaining the society’s concerns and your options at each stage
- advising you before you sign a voluntary agreement or safety plan
- preparing your answer and plan of care
- representing you at court hearings and conferences
- helping relatives put forward a plan or ask for custody
- asking the court to review or change an order when circumstances improve
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about child protection
How quickly does a child protection case reach court?
If a child has been brought to a place of safety, the matter must come before a court within five days unless the child is returned or a temporary care agreement is made.
Which court hears child protection cases in Ontario?
Child protection cases are heard by the Ontario Court of Justice or, in places that have one, the Family Court branch of the Superior Court of Justice.
Can a relative care for my child instead of a foster home?
Yes, this is possible. The court considers placement with a relative or another member of the child’s extended family or community, and can make a supervision order or a custody order in that person’s favour if it is in the child’s best interests.
What is extended society care?
It was formerly called Crown wardship. The child remains in the society’s care until a court ends the order, or until the child turns 18 or marries.
How long can a child stay in temporary society care?
No more than 12 months in total for a child under 6, and no more than 24 months for a child aged 6 or older, subject to limited exceptions.
Should I speak with a lawyer before meeting the society?
It is wise to. A lawyer can explain what the society is asking, what a proposed agreement means, and how to respond to the concerns that have been raised.
Speak with a family lawyer about a child protection matter
Your first consultation is free for 15 minutes, by appointment. Call us or send a message. If you have court papers or a proposed agreement, bring them with you.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.