Legal counsel vital for families involved in CAS investigations

If a child is removed from their home by a Children’s Aid Society (CAS), parents or guardians should waste no time obtaining legal counsel, says Toronto child protection lawyer Gary Gottlieb.

“The removal of a child from the family home due to allegations of abuse or neglect is a frightening and stressful situation for any family. As a parent, knowing your rights and understanding the actions that you can take if your child has been placed in temporary care can improve the chances of having them returned home,” says Gottlieb, who frequently represents families in child protection matters.

Overview of a CAS investigation

In Ontario, Children’s Aid Societies are responsible for ensuring the protection and safety of children. In 2020-2021, CAS received more than 113,000 calls and referrals reporting children at risk, and of those, approximately 63,000 required investigations.

Gottlieb says that CAS investigations are usually triggered out of a concern for risk of harm from physical, emotional, or sexual abuse; neglect; or exposure to domestic violence.

“In some jurisdictions, such as Toronto, school truancy is also considered a child protection issue,” he adds.

How a CAS investigation works

If a CAS child protection worker determines that a report of concern warrants further investigation, they will often conduct an initial assessment within 24 hours.

When the CAS contacts a parent or guardian requesting an interview, Gottlieb says they should seek legal counsel immediately and ensure a lawyer is present during the meeting with the CAS.

“If you are First Nations, Inuit, or Métis, you may also have a person who represents your band with you,” he says.

During an investigation, a CAS worker will meet with the child, as well as with the parents or guardians and any other family members or caregivers they feel are appropriate, Gottlieb explains.

At this point, the worker may decide that the child does not need protection, so they will close the file.

However, Gottlieb says that if there are concerns, the CAS may start a court case that results in a supervision order, allowing them to come into your home to ensure compliance with conditions ordered by the court.

“This may include physician monitoring for mental health issues, clean drug and alcohol screens, compliance with therapy or twelve-step programs, or other court-ordered supports,” he says, adding that if the CAS worker thinks that there is a serious or immediate risk of harm to a child, they may take them from the home.

If children are taken into care

When a child is taken into temporary care, Gottlieb says the case must go before the courts within five days.

“If your child is removed from the home, it’s important to seek the counsel of a lawyer who has worked on child protection cases. They will be able to provide guidance and help you navigate the CAS process. Even if the CAS has only removed your child to a relative or friend's home, getting legal advice is an important first step in ensuring a successful outcome for the family,” he says.

Showing respect for the CAS worker, and being responsive to their instructions and recommendations will help to improve the chances of your child being returned home, Gottlieb says.

“At the same time, it is important to remember that the CAS worker is not your friend. Regardless of how warm and helpful they are, a child protection worker’s priority is to ensure the safety of your children.”

Orders for programming

Following an assessment, Gottlieb says the CAS will often make recommendations for services and programming for family members, such as counselling, 12-step meetings, anger management classes and the like.

“Most of the time, the CAS makes reasonable recommendations, however, mistakes can be made and the plans they put in place aren’t always realistic,” he says. “I have seen cases where people have been directed to participate in an impossible number of programs that they could not sustain.

“A child protection lawyer can review recommendations to ensure they are realistic and negotiate the terms on your behalf.”

Gottlieb says that while the CAS’s recommendations are important, at the end of the day, it is just one litigant in the case, and “what the court says matters most.”

Quality versus quantity of resources

Demonstrating stability and the desire to improve your family situation is the most effective way to boost your chances of a favourable successful outcome in a child protection case, Gottlieb says.

“Parents or guardians whose child is taken into care should do everything they can to get their resources in order. Speak to your child’s school and get them on board. Talk to your family doctor. Allow your lawyer to act as a quarterback to help you manage resources and ensure the conditions are fulfilled,” he says.

At the end of the day, Gottlieb says what’s most important is that the court sees the family as being proactive and taking steps to address the issues that brought it to the attention of the CAS.

“It is not the quantity of resources that matters so much as the quality of supports you have in place.”

Photo Credit: Getty Images

Parental alienation requires swift legal action

When a marriage ends, it’s not uncommon for one spouse to feel more anger over the disruption to the status quo and act out against the other partner, says Toronto family law lawyer Gary Gottlieb.

The retaliation frequently plays out in the form of a protracted divorce process, or if there are children, a bitter custody battle, he says.

Sometimes, one parent is so hostile that they persistently denigrate the other parent’s personality and parenting skills, convincing the child that they may be at risk with the other parent. This phenomenon is known as parental alienation, says Gottlieb, whose practice focuses on high-conflict family law and child protection matters.

“Parental alienation is a factor in about 15 per cent of my cases. It occurs when a child becomes estranged from one parent as the result of the psychological manipulation by the other,” he explains.

Alienators want to punish and get retribution for the breakup of the perfect cocoon they believed they were in, writes child psychiatrist Christine B.L. Adams.

“They are determined to have vengeance in the way that most upsets the other parent. They also want to ensure their children continue to deliver emotional care to them,” she says.

Mental health issues often at the root

In most cases, the alienator is the primary parent with sole or de facto custody of the children, Gottlieb explains.

“Often, the parent is suffering with some personality disorder, such as narcissistic personality disorder or generalized anxiety disorder,” he says. “Contrary to popular opinion, it occurs with both mothers and fathers.”

The negative behaviour patterns frequently begin even before the spouses separate, when the marriage is in the breakdown phase, Gottlieb adds.

“Months before the couple splits, the primary caregiver begins a campaign to alienate the other parent. They will become more possessive of the child and actively exclude the other parent. If the other parent tries to get involved in caregiving activities, the denigrating parent aims to convince the child s/he is useless,” he notes.

Often, the alienating parent convinces the children that the target parent doesn’t truly care about them or is only fighting for custody as a way to hurt the “real loving parent,” Gottlieb adds.

“The parent might say to the child, ‘your father is only trying to get custody so he won’t have to pay child support,’ or ‘your mother is only doing this to harass me; she doesn’t really love you,’” he says.

In extreme cases, Gottlieb says the parent will try to implant memories into the child as to how they were physically or sexually abused by the other parent, starting at an early age when the child has limited recollection.

Court focuses on best interests of the child

Parental alienation syndrome (PAS) is a term coined by the late forensic psychiatrist Richard Gardner in 1985 to describe a phenomenon he witnessed where children were being turned against one parent, usually as the result of a divorce or acrimonious custody battle.

Gardner described PAS as a “disorder that arises primarily in the context of child custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It is caused by a combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilification of the targeted parent.”

Gottlieb says the concept of parental alienation has evolved over the years. Today, the courts will often only make a determination that a child has been alienated when they see cogent evidence of drastic severing of all ties between parent and child.

“For example, the courts have found it difficult to conclude that a child has been alienated when he or she still wants a relationship with the other parent,” he says.

In a 2019 case, the court ordered a custody switch of the children ­­–– from a mother to the father, who originally only had access to his two daughters –– after concluding the mother had “embarked upon a course of conduct since the birth of the children, and especially since separation, to attempt to eliminate the applicant from his own children’s lives.

“I accept the evidence of the clinician from the Office of the Children’s Lawyer that the respondent has intentionally attempted to alienate the children from the applicant’s life,” the judge wrote in his decision.

Gottlieb points out that the courts view access arrangements through the lens of the child’s bests interests. In cases where the child is reluctant to spend time with the target parent, the courts will often mandate reunification counselling, he adds.

“Sometimes, as alienation is deemed to be a child protection concern as ‘emotional harm,’ a child may be removed from the alienator’s care, placed into the care of the Children’s Aid Society or other kin home, while he or she undergoes reunification therapy. Isolation from the perpetrator can be a drastic but effective solution,” Gottlieb notes.

Signs of parental alienation

In the more than 33 years Gottlieb has been practising, he has observed some telltale signs to indicate parental alienation may be present:

• Setting the other parent up for failure. “When the children are going to the access parent for an overnight visit, the alienating parent often won’t send a change of clothes for them. S/he will ensure the children aren’t bathed. That puts stress on the access parent to jump through hoops to ensure the children are comfortable. It further adds to the discomfort of the children, which they connect to the access visit,” he says.

• Invoking the help of third parties. “Frequently, alienators will convince their community that the access parent is deficient. When the child experiences that everyone around them has a negative view of their parent, they come to believe it must be true. Public shaming through social media is also common,” Gottlieb says.

• Sabotaging extracurricular activities. “Alienating parents don’t take their children to the piano lesson or the baseball game on time. Sometimes they invent excuses to not take the child to activities and blame it on the other parent, saying, ‘Your father didn’t pay for it’ or ‘your mother didn’t get you the right equipment.’”

Legal remedies

It’s critical to act quickly if you and your child are experiencing parental alienation, Gottlieb says.

“Time is of the essence. The alienated parent should take immediate steps to get an access order enforced by the court,” he says. “The longer she or he waits, the more alienated the child becomes and the less open the child will be to having a positive relationship with the target parent.”

From a legal standpoint, third-party evidence is very important.

“The access parent can take steps to become more involved, for example, with the child’s teachers, by participating in parent council, taking the child to medical and dental appointments — to demonstrate they are a positive role model,” Gottlieb says.

“Offering counselling at the outset in writing — is critical, as well. Third-party evidence and evidence of a willingness to work with the child and the alienating parent (which is often resisted or sabotaged) lends credibility to the alienation argument and bolsters the targeted parent as an appropriate caregiver. Courts must have this evidence if you plan to succeed.”

Photo Credit: via Dr.Laura.com

Know your rights: guidance for dealing with the Children’s Aid Society

If your family is involved with the Children’s Aid Society (CAS), it can be a frightening and confusing experience. No one enjoys having an outsider question their ability to provide a safe and nurturing home

for their children or scrutinize their parenting skills. It can feel like a hopeless situation, but there are steps you can take to ensure your family remains intact.

In Ontario, Children’s Aid Societies are responsible for ensuring the protection and safety of children. During the 2018-19 year, the agency received more than 145,000 calls and referrals reporting children at risk, and of those, approximately 79,000 required investigations.

The province’s Child, Youth and Family Services Act gives CAS the responsibility to investigate concerns about the safety and well-being of children under 18 and to provide child protection services. The agency’s workers investigate allegations of risk of harm to children by speaking with parents, doctors, teachers and other community members.

Triggers for a CAS investigation

CAS typically gets involved with a family when a concerned party — or a child — reports that the children may be at risk of harm due to neglect by the parents, physical, emotional or sexual abuse or a caregiver’s addiction issues. In the many years I’ve been handling child protection cases, I can confidently say that a negative life event frequently triggers CAS’s involvement with a family. Often, it’s something beyond the parents’ control, such as the loss of employment or housing, mental health issues or financial distress.

Referrals are frequently made by a professional who has first-hand experience observing the children — teachers, dentists, doctors —or a concerned family member or friend. In families where the parents are separated or divorced, one parent may try to use the child welfare system to curry favour with the courts. Sometimes the reporting parent has valid concerns about the children’s well-being; in some cases, it’s a power play designed to cast the other parent in a negative light to obtain a litigation advantage.

Regardless of why a CAS investigation is triggered, going through one can be intimidating and extremely stressful for the entire family. If a child in your care has come to the attention of the CAS, having an experienced child protection lawyer on your side can help you navigate the complex process and protect your rights.

While many parents choose to represent themselves, those who do are never aware of how to navigate the complex law, the Society’s intrusiveness, court delays and expectations or the evidence required to prove parental viability. Many parents get lost in the quagmire of this complex area of the law and the never-ending expectations imposed by the CAS and the court, some valid and others far-reaching.

Cases can drag on for years without proper legal direction. Self-represented parents watch time pass as they are relegated to supervised access a few hours a week, inevitably causing the parent/child bond to wither while the trauma associated with foster care deepens.

Families with limited means can qualify for financial assistance through Legal Aid Ontario to access the legal representation they deserve. For those who don’t, there’s no better place to invest your money than with a lawyer who can help ensure your children remain with you in their home.

What to expect if CAS contacts you

When CAS receives a report about a child who may be at risk, the agency assigns a child protection worker to investigate the allegations. In addition to interviewing the caregivers, the worker may also speak to the children, teachers, members of the extended family and anyone else who can provide significant input into the investigation.

For instance, if the CAS receives a referral from your son’s teacher because of his inconsistent record of attending school, a worker will reach out to you for an explanation. There may be legitimate reasons for the absenteeism, but parents or guardians will need to satisfy the agency’s concerns once the wheels are in motion. If they can’t, CAS continues its investigation to determine the underlying cause. Depending on the severity of the allegations, CAS may petition the court to remove the children from their home. Either way, an experienced child protection lawyer can help you speak with the CAS, protect the integrity of your family, and, if your case goes to court, advocate on your behalf to ensure the judge hears your side of the story.

False allegations are another area of concern for parents and guardians. I’ve worked with many clients who have been the target of fabricated claims, and it can be a long road to disprove them. In one case, I represented a father who was in a high-conflict custody battle with his former partner. The mother reported the father to CAS, accusing him of being drunk while caring for the children. The kids were too young to confirm or deny the accusations, so the onus was on the father to prove this was not, in fact, true.

Your legal rights –– what you don’t know can hurt you

CAS sometimes decides to temporarily remove children from an unsafe home where domestic violence or drug/alcohol addiction is present. Almost half of the children in the foster system are there because of a domestic violence call, reports the National Post.

In these situations, CAS will usually recommend programming for one or both parents to address the underlying issues. But what programs work? How many should you take? Are they even available in COVID-19 times?

It’s important to point out that when a child protection worker shows up at your house, they wear two distinct — and, in my opinion, conflicting — hats. One is of a supportive resource who can help your family through a period of crisis. The other is that of an investigator who has the power to remove your children from the home.

Sometimes, a family works voluntarily with the CAS, but even if there is an agreement to accept the services or programs they recommend, it’s critical to remember that any information you give to a CAS worker can be used to build a case against you.

When parents are in the midst of a stressful situation, it can be tempting to open up to a child protection worker who appears to have your best interests at heart. But this isn’t necessarily in your or your children’s best interests.

Before you speak to a CAS worker, seek advice from a lawyer who has experience handling these types of cases. I have witnessed the unfortunate aftermath of families that have gone into the process blind. When the stakes are this high, you need a legal advocate to protect your rights.

Alienated parent reunited with children

In one memorable recent case, which is still before the courts for monitoring with supervision orders, I represented a well-respected professional whose children were being withheld by the other parent (Parent A).

Parent A was alleged to be suffering from a personality disorder and neglecting the children. Parent A alienated them from my client to such a degree that the children expressed that they did not want to live with my client.

Despite the lengthy involvement of the CAS, its workers refused to acknowledge Parent A’s personality disorder or the underlying mental health problems. Nor would they alert the court to the possibility of parental alienation, even though they alluded to it throughout the process.

The children’s relationships with my client quickly deteriorated as a result. Parent A refused to share them on access and did not support them having a relationship with my client.

Drastic measures were required to remove the children from Parent A’s care and have them live with my client. But, because the children resisted this placement, it was determined that the best alternative was to place them in short-term foster-care to help detoxify them from the emotionally abusive environment in which they lived.

A lengthy and complicated motion was argued. I had to establish that the home environment with Parent A was abusive, neglectful and toxic, and that the CAS failed in both its servicing of the children and in its management of the file.

The motion was wholly successful. Furthermore, the court entertained a cost argument against the CAS for being derelict in its handling of the file. The cost award was settled out of court for a substantial sum.

After placement in care, one child was returned to my client’s care. The other, an adult now, sees my client regularly. All the children vacation together, have family time together and are managing to overcome their complex past. While relationship-building is still underway, without my involvement, my client would have lost her children forever to a neglectful, toxic and disgruntled parent who refused to address their mental health challenges and neglectful behaviour.

Common missteps in CAS interactions

Parents and caregivers should be careful to avoid these common missteps in their interactions with CAS workers:

1: Child protection workers are not your friends. Regardless of how warm and supportive they are, a child protection worker’s priority is to ensure the safety of your children. Anything you say during an interview can be used against you later in court. People have a natural tendency to speak freely to a CAS worker because they believe the person is there in a social work capacity. In reality, there are investigating you for what they think are serious allegations concerning the safety of your child or children.

2: Disrespecting the CAS worker. Don’t argue, use foul language or otherwise appear uncooperative. Your best chance for a successful resolution is to appear cooperative and keep an open mind to the worker’s suggestions, all subject to legal direction.

3: Going it alone. Parents who don’t get legal advice before following a worker’s suggestions often set themselves up for failure. A child protection lawyer will review the recommendations to ensure that you can successfully carry them out. For example, if the CAS recommends individual therapy for you and your spouse, family counselling, parenting classes and an anger management program for one parent, it will put a considerable strain on your family. A legal advocate can negotiate with CAS to come up with a programming plan that both works for you and satisfies their requirements.

There is nothing more important than your children. Any threat to your relationship with them is tremendously stressful and anxiety-provoking. The experienced team of child protection lawyers at Gottlieb Law Firm can help navigate your involvement with the CAS to achieve the best possible outcome for you and your children.

Photo 1 Credit: Reddit

Photo 2 Credit: Children's Aid Society via LinkedIn