Children's Aid Society Cases (CAS Cases)
The Child, Youth and Family Services Act (CYFSA) is an Ontario Legislation that governs how child protection is regulated in the Province. Child Protection and Children’s Aid Society (CAS) Cases mean the same types of cases and are used interchangeably. There are numerous Children’s Aid Society’s across the province, representing different regions and cultures. For example, there is a Peel Children’s Aid Society, a Toronto Children’s Aid Society, a Halton Children’s Aid Society and a Catholic Children’s Aid Society of Toronto or a Jewish Child and Family Services Agency or a Native Child and Family Services agency. Depending on where one lives and what your cultural or religious background is, will depend which agency and courthouse one would fall under should they find themselves entangled in such a case. Children’s Aid Society cases otherwise known as CAS cases or Child Protection are notoriously difficult cases. All the CAS agencies have the power to apprehend children and not have to justify the apprehension with a court of law for up to 5 days after the apprehension. The safety and wellbeing of children is at stake and children are deemed to be the most vulnerable people in our society. As a result, many legal powers are afforded to CAS cases. For example, hearsay evidence otherwise inadmissible in a criminal trial, is admissible (with certain exceptions) in a CAS case. Past history of a parent is out on the table, on full display. Medical records can also become relevant and admissible.
CAS cases are usually zero sum cases whereby either the parent(s) will be able to demonstrate within a certain time frame that they are capable of parenting or if not have an alternative plan for the children (i.e., Kin or other family members) or the children can be ordered to be in extended society care (formerly called Crown Wardship) for the purpose of adoption. The stakes in these cases are extremely high. Should the CAS want to talk to you or be at your doorstep, contact Mr. Baratz or another experienced family lawyer immediately to discuss your matter. These cases can be very time sensitive and decisions need to be made as soon as possible. The decisions and actions a parent takes early on in their CAS case can seriously impact the case in either direction.
Many Children’s Aid Society cases are the most grueling types of cases that an Individual can face in a court of law. When one’s children are apprehended and placed into Foster Care, the fight to get them back is painstakingly difficult. The stakes in these cases are just as high, if not higher than the most serious of criminal cases. Avi Baratz has extensive experience representing Parents against the Children’s Aid Society. He has also had many successes against the CAS in reuniting children back with their parents.
Frequently Asked Questions
Client’s often come to see me who are involved in a children’s aid society case in Toronto or elsewhere in Ontario. In some of these cases my clients are facing an underlying criminal charge of some type of assault against a domestic partner or worse, their child. The clients will
The Children’s Aid Society (CAS) are very powerful, in many cases, more powerful than the police. There is no other agency or organization in Ontario that can come into another person’s home and take away their children and not have to justify the apprehension to a court of law for