Emergency Child Removal Orders in Ontario: What You Need to Know

In Ontario, Children’s Aid or police can remove a child from a home in emergencies. Learn when this happens, your legal rights, and how to respond if your child is taken.

• Definition

• Under CYFSA §74(1), CAS or police can remove a child without court order if there are reasonable grounds of imminent harm.

• Who Can Remove

• CAS protection workers
• Police officers, with or without CAS present

• Grounds for Removal

• Physical or sexual abuse
• Extreme domestic violence exposure
• Unsafe living conditions
• Caregiver impairment (drugs/alcohol)
• Serious neglect or abandonment

• Immediate Aftercare

• Placement options: Kinship care, foster home, licensed shelter
• Temporary custody until hearing decision

• Mandatory Hearing Timeline

• “Show Cause” hearing within 5 days of removal
• CAS must justify removal; parents can defend

• Hearing Outcomes

• Return home (with or without conditions)
• Supervised access or parent programs
• Continued protective care via court order

• Parental Rights

• Right to legal representation (Legal Aid available)
• Right to receive and review the protection application
• Right to speak in court or through counsel
• Right to request placement review

• Recommended Parent Actions

1. Stay calm and request documentation of removal
2. Contact Legal Aid Ontario (1-800-668-8258) immediately
3. Prepare housing, health, and parenting plans
4. Attend all court hearings and cooperate with CAS
5. Ask for reunification supports (counseling, programs)

• Key Takeaways

• CAS/police removal is legal when delay would cause harm
• Parents have a 5-day hearing to contest removal
• Legal advice is crucial before and during proceedings
• Courts prioritize the child’s safety and well-being

• Where to Get Help

• Legal Aid Ontario: 1-800-668-8258
• Family Law Information Centres (FLIC): Courthouse help desks
• Office of the Children’s Lawyer: Court-appointed child advocate
• Assaulted Women’s Helpline: 1-866-863-0511
• Find Local CAS: OACAS directory