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When the Children’s Aid Society intervenes in your family, the consequences can be severe: from supervision orders to the removal of your children. Lexaltico LLP represents parents in child protection proceedings at every stage, from investigation to trial.
Book My 15-Minute Assessment →Child Protection Defence | CAS Proceedings | Ontario Court of Justice | CYFSA Proceedings | Initial Assessments
Under section 74 of the CYFSA, a child is in need of protection when they have suffered or are at risk of suffering physical harm, sexual abuse, emotional harm, or neglect, or when the caregiver is unable to provide adequate care. CAS must prove this on a balance of probabilities at a protection hearing.
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Child protection in Ontario is governed by the Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (CYFSA), which replaced the former Child and Family Services Act in 2018. The CYFSA sets out when a child is considered to be "in need of protection" under section 74, the powers of children’s aid societies (CAS) to investigate and intervene, and the court process for protection applications.
A child may be found in need of protection on grounds including physical harm, sexual abuse, emotional harm, neglect, the child’s caregiver’s inability to provide adequate care, and the risk of any of these. CAS investigations can lead to voluntary services, temporary care agreements, or, if the society believes the child is at ongoing risk, a protection application before the Ontario Court of Justice.
At Lexaltico LLP, we represent parents from the moment CAS becomes involved. Early intervention is critical. Statements made to CAS workers, participation in voluntary services, and decisions about temporary care agreements all have consequences for the protection proceeding. Having a lawyer involved from the outset ensures your rights are protected and that you make informed decisions.
When CAS brings a protection application, the matter is heard before the Ontario Court of Justice. The court process typically involves an initial hearing, one or more temporary care and custody hearings, settlement conferences, and, if the matter does not resolve, a protection hearing (trial). At the protection hearing, CAS bears the burden of proving on a balance of probabilities that the child is in need of protection.
If the court finds the child is in need of protection, it must then determine the appropriate disposition under section 101 of the CYFSA. Options range from a supervision order (the child remains with the parent under CAS oversight) to society wardship (the child is placed in CAS care for a defined period) to Crown wardship (permanent removal from the parent’s care). The court applies the best interests of the child test under section 74 of the CYFSA, which includes a specific list of factors and a paramount consideration of the child’s safety.
Our child protection lawyers understand the CYFSA’s procedural requirements, the evidentiary standards for protection findings, and the range of dispositions available. We challenge CAS evidence where it is insufficient or unreliable, present evidence of the parent’s ability to address the society’s concerns, and advocate for the least intrusive disposition that is consistent with the child’s safety.
A temporary care agreement (TCA) is a voluntary agreement between a parent and CAS under section 75 of the CYFSA. By signing a TCA, the parent agrees to place the child in CAS care for a specified period, usually with the understanding that the parent will address certain concerns (substance use, housing, mental health treatment) before the child is returned.
While TCAs are described as voluntary, they carry significant legal consequences. Time spent in care under a TCA counts toward the cumulative time-in-care limits under the CYFSA. If a child has been in care for a cumulative total of 24 months, CAS may be required to seek Crown wardship. Parents who sign TCAs without legal advice may unknowingly be setting a clock that leads to permanent loss of their child.
We strongly advise parents to consult a lawyer before signing any temporary care agreement. Our lawyers review proposed TCAs, negotiate appropriate terms, and advise on alternatives. Where a TCA has already been signed, we work to ensure the parent meets the agreement’s conditions and is positioned for the child’s timely return, or we prepare for a protection hearing if CAS seeks to extend intervention.
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55 University Ave, Suite 1100
Toronto, ON M5J 2H7
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Lexaltico LLP
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
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The difference is practical rather than technical. A page explaining that spousal support is usually indefinite after a twenty year marriage is accurate as a general statement and may be wrong about you, because of a domestic contract you signed, a period of separation you have forgotten, or an income that is not what a tax return says it is.
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