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LAW OFFICE
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Children's Aid Cases (CAS)
Who are the Children's Aid Society?
This article is a brief and general overview about Children's Aid Cases. A Children's Aid Society provide child protection services and help protect infants, children, and youth who are experiencing abuse or at risk of experiencing abuse.
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Children's Aid Societies are primarily responsible for:
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1. Investigating reports of abuse or neglect of children under 18 and where necessary, may intervene and take steps to protect them.
2. Looking after children under their care or supervision.
3. Counselling and supporting families
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What laws apply to CAS cases?
The CAS is governed by the Child, Youth, and Family Services Act.
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What does CAS do?​
In Ontario, the Children's Aid Society (CAS) has the exclusive legal responsibility to provide child protection services 365 days a year, 24 hours a day. This means that under the law, CAS can legally remove a child under the age of 18 from a home if they determine that the child is 'in need of protection'. If the CAS determine that a child under the age of 18 is facing risk of physical harm, chronic negligence, or emotional abuse that the parent cannot or will not eliminate, CAS can remove your child from your home without a court order.
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What happens if CAS removes my child from my care and home?
If CAS removes your child from your home, they will first place your child in a 'safe place' such as a foster home or your relative's home. Then, within 5 days, CAS will file a protection application before the Ontario Court of Justice for a first appearance. However, if the fifth day falls on a weekend or public holiday, the court hearing will occur to the next court day. During the initial court appearance, the judge will decide whether the child:
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1. Can go back to your home under a temporary supervision order, which allows CAS to monitor the child.
2. Will remain under CAS supervision for interim society care, which is temporary
3. Will remain under CAS supervision for extended society care, which is longer-term
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It should also be noted that if parents have any pre-existing parenting agreements or family court orders, they are all put on hold until the CAS/child protection matter is decided.