Can the Children’s Aid Society Interview My Child Without My Consent? What You Should Know

When the Children’s Aid Society (“CAS”) becomes involved in your family’s lives, it is normal to feel worried and have questions. A common concern is whether CAS can interview your child without parental consent. This, and other investigative techniques, may feel invasive, but it is essential to understand the legal framework that governs CAS’s actions and the protections in place for children.

Legal Authority of the Children’s Aid Society

In Ontario, the Child, Youth and Family Services Act, 2017 (the “Act”) grants CAS the authority to “investigate allegations or evidence that children may be in need of protection” and “protect children where necessary.”[1] CAS may consider a child to be in need of protection under the following circumstances:

the child has suffered physical harm from abuse or neglect;
the child has suffered from sexual abuse or exploitation;
the child has been denied necessary medical treatment by their primary caregivers;
the child has suffered emotional harm, such as severe anxiety, depression, withdrawal, self-destructive or aggressive behaviour, or delayed development; and
the child’s parent is unable to care for them and adequate provisions have not been made for an alternative caregiver or guardian.

The circumstances listed above are non-exhaustive; subsection 74(2) of the Act provides a more complete list.

Given that the primary purpose of the Act is to “promote the best interests, protection and well-being of children,”[2] the investigative powers granted to CAS to assess situations where a child may be in need of protection are broad. These investigative powers include the ability to interview children without their parent’s permission if they deem it to be necessary.

Why May the Children’s Aid Society Interview a Child Without Parental Consent?

CAS might choose to interview a child without informing or getting consent from the parents for several reasons. One of the main reasons is to ensure that the child can speak freely without any fear or influence from the parents. In cases where harm or neglect is suspected, a child might feel intimidated or pressured to respond in a certain way if a parent is aware of the interview. By interviewing the child alone, CAS aims to gather unbiased information that reflects the child’s true experiences and feelings to properly assess the situation and the risks to the child.

How are Children’s Aid Society Interviews Conducted?

CAS workers are trained professionals who handle interviews with children in a manner that is sensitive and focused on the child’s needs. These interviews are designed to be as non-intrusive as possible and prioritize the child’s comfort and emotional well-being. The goal is to create an environment where the child feels safe and supported while discussing any concerns they may have.

What are My Rights as a Parent during Children’s Aid Society Investigations?

You do have several rights as a parent that CAS must respect:

Right to Information: You have the right to know about the nature of the concerns that led to CAS’ involvement and to be informed about the findings of any investigations.
Right to Participate: You have the right to participate in all stages of the investigation and to share your side of the story. If you find it difficult to speak or understand English, then you have the right to ask for an interpreter or to arrange for one yourself. You also may have a right to CAS services in French.
Right to Fair Treatment: You are entitled to fair and equal treatment, free from biases and stereotypes, from CAS workers throughout the investigative process. CAS must respect the integrity of the family if it supports the best interest of the child.
Right to Cultural Beliefs: CAS workers must respect and accommodate your religious and cultural beliefs while conducting investigations. For instance, if you or your child identify as First Nations, Inuk, or Métis, then you can request services that consider your identity. CAS workers also must consider your child’s heritage, culture, and traditions in their investigation and provide you with any services and resources that your band or community offers.
Right to Legal Representation: As soon as you are contacted by CAS regarding a potential investigation involving your child, you have the right to seek legal advice regarding your rights and obligations in CAS investigations. While your child also has the right to have a lawyer present while being interviewed by the CAS worker, this right is the right of the child and cannot be exercised by the parent on their behalf.
Right to Appeal: Following a CAS investigation, CAS will decide whether your child is in need of protection. If they determine that your child is in need of protection, then they must decide on the appropriate course of action, up to and including removing your child from the home. If you do not agree with their determination or course of action, then you have the right to appeal the decision pursuant to section 121 of the Act.

What Do I Do if Children’s Aid Society Becomes Involved with my Family?

If you are contacted by CAS regarding your child, the first thing that you should do is seek legal advice from a family lawyer with experience in child protection matters. A lawyer can provide you with guidance on how to navigate your interactions with CAS workers and what your rights and obligations are under the Act. A lawyer can also provide you with additional context so you can better understand CAS’ actions and ensure that your child’s best interests are being promoted.

While you should strive to be cooperative in the investigation, you must also remember that nothing you say to the CAS worker will be confidential. Anything you or your child says can be used by CAS in subsequent proceedings and investigations and can be disclosed to third parties under some circumstances, such as law enforcement or professional bodies. It is important to remember that the CAS worker is there in an investigative role, and not as a social worker.

What Can the Children’s Aid Society Do After the Investigation?

There are many possible outcomes that could arise after CAS interviews your child and completes its investigation. While most parents fear that their child will be removed from their home, removal of a child is a last resort and will only occur under exceptional circumstances.

More often, CAS’ role is to provide support and resources to help families address the issues that led to their involvement. This includes providing parenting resources, connecting families with counselling services, or creating a plan to ensure the child’s well-being. CAS may also ask you to sign a Voluntary Service Agreement wherein you will agree to adhere to certain conditions, and CAS will remain involved to ensure that the agreement is followed, and your child remains safe. It is important to get legal advice before you sign any agreement provided by CAS.

Conclusions

Dealing with CAS can be an overwhelming experience, but understanding your rights and the reasons behind CAS’s actions can help you navigate the process more effectively. It is essential to stay informed, seek legal advice if needed, and focus on what is best for your child.

If you have questions about interactions with the Children’s Aid Society or other family law concerns, please contact DSF Ontario Family Lawyers at 416-449-1400 or info@devrylaw.ca.