Tag: Child Protection Law

The Children’s Aid Society is knocking at your door. Now. You might have been warned of their visit, but they do not need to give you notice. The visit could be the result of someone giving Children’s Aid information about your parenting which raises concerns about the safety or well-being of your children. You may never know what made them come knocking.

You must answer the door. You must let them in. This intrusion can be alarming and upsetting. But what do you do next? How can you act to best keep your family together?

1. CONTACT A FAMILY LAWYER OR A CHILD PROTECTION LAWYER

The stakes are high. Children’s Aid could take your children away as a result of this visit.

If you have been given advance notice, contact a family lawyer or a child protection lawyer as early as possible. If you did not receive notice, contact a family lawyer or a child protection lawyer as soon as practicable. The circumstances of each situation are unique; tailored advice to your situation may be critical in preventing the seizure of your children, or in expediting their return if they are removed.

Speak to a lawyer before signing any kind of “agreement” with Children’s Aid. It is possible that the Society may request “authorizations” from you to speak with other people as part of their investigation—e.g. teachers, doctors, et cetera—and your consent will simply speed up this process (they will be able to eventually speak with them regardless of whether you consent or not). Generally speaking, if you are uncertain what you are being asked to sign, speak with a family lawyer or a child protection lawyer first.

If any criminal charges such as assault or sexual assault are alleged, do not discuss these matters with Children’s Aid until you have spoken with a lawyer. Children’s Aid works with the police and will report everything you say to them and they may be used against you. That being said…

2. BE WELCOMING, FRIENDLY, AND CO-OPERATIVE

Children’s Aid is not the police. Work together with them and show that you share their concern for the safety and well-being of your children. Be a “team player,” knowledgeable that the goal is to ensure that all that happens is in the best interest of the children. Do not refuse to meet with Children’s Aid or otherwise behave in a manner that raises their suspicion that you have something to hide.

If you had time to prepare for the visit, ensure your home makes a good first impression. This means ensuring the home covers the basics: safe for children with enough food but also demonstrates that this is a happy and loving home. Children’s Aid will want to inspect everywhere—e.g. see the children’s rooms—so be welcoming and offer them a complete tour.

During the COVID-19 pandemic, there may be a heightened emphasis on health and safety. Show Children’s Aid that you and your family are taking appropriate measures to prevent the spread of the virus. Do the children know to wash their hands before eating? Do they practice social distancing from their friends or wear appropriate face coverings when in public places?

3. ALLOW CHILDREN’S AID TO SPEAK WITH YOUR CHILDREN ALONE

Children’s Aid has the right to interview your children without your consent. Facilitate this and make it easy for them. As a parent, do not create the impression that you are attempting to interfere or hide something.

While children have the right to have a lawyer present while speaking with Children’s Aid, this is the right of the child—not the parent. It must be the child who arranges to have a lawyer present if this is their desire.

Do not assume that Children’s Aid has completed its investigation until you are notified that the file is closed. Ask for disclosure if the investigation is ongoing.

After the home visit, you may be watched from a distance.

Knowing how to act and respond to an investigation from Children’s Aid may improve the chances that your family remains together. If you are uncertain, contact a family lawyer or a child protection lawyer as soon as possible.