The fundamental law of the land entitles parents with the custody of their children. If the safety and protection of the child are at stake, the custodial right of their parents can be taken away by the land.
Child Protection Matters refer to the specific circumstances when Children Aid Societies in Ontario apprehend any child in the belief that the child may require protection from their caregivers or parents. They may have reason to apprehend any child in the below situations:
- Emotional or physical abuse
- Alcohol or drug abuse
- Mental issues and/or
- Neglect issues or domestic violence situation
The safety and well-being of the child are the primary factors guiding the actions and beliefs of the Society.
What happens once the child is apprehended by the Society?
The Society apprehends the children only if they think that their concerns are not in a position to be resolved. The respondent caregivers or parents need to respond to the Society’s concerns and submit a plan of care for the child after he/ she is apprehended. There are many possible plans of care that can be submitted.
Another family member or respondent can be considered for placement in the plan of care if returning to the parent is not possible.
In another plan of care, the society can recommend the parents to address the Society’s concerns while one of their Supervisors lives with and monitors the family.
What are the possible legal implications in these circumstances?
Getting proper legal representation is crucial as these cases have specific vital statutory timelines. If the child has been in the Society’s Care for long, it is more likely that they may apply to the court requesting for ‘Crown Wardship’ for the child. The Crown Wardship is basically granted if a permanent placement for the child remains with the Society.
Society Wardship means a situation in which the child is under the Society’s care on a temporary basis. The Society has many ways of intervention without necessarily taking the child into their custody including:
- support services and agreements;
- family conferences;
- take-charge provisions;
- protective intervention orders
How We Can Help
At Nanda & Associate Lawyers, our excellent Family Law lawyers help in making effective representation for responding to allegations of the Society and formulating plans of care. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in addressing the concerns of the Society, and an experienced family law lawyer can help you to navigate better.
Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client.