If you and your family become involved with a child protection agency, what are your rights?

If you are Mi’kmaq, you have a right to have an interpreter. You have a right for a court matter to proceed in Mi’kmaq. If you need or want an interpreter, you should inform your social worker and your lawyer to have an interpreter present at any meetings or in court. It is important that you understand the child protection process, what the identified concerns are, the resources and supports being offered to address the concerns, and for you to be able to ask any questions.

You have a right to obtain independent advice before signing agreements with the agency. This includes being allowed to seek legal advice to help you understand the agreement before you sign it.

You have a right to have your views and preferences considered in decisions that affect you or your children. You have a right to be able to ask any questions and share your views and preferences about any decisions that affect you and your children.

You have a right to receive Notice of the child protection proceeding. This includes receiving notice if your child is being taken into care, notice of all court dates.

You have a right to be represented by legal counsel at hearings. Lawyers are available through Nova Scotia Legal Aid or private counsel. If you are involved with a child protection matter, you should seek legal advice and legal representation.

You have a right to be a party to a court proceeding involving your child. This means you can speak in court if you are self-represented or through your lawyer if you have retained one. You can receive any documentation filed with the court, unless otherwise ordered by the court. This includes all information about court scheduling dates and changes to court dates or times for in-person or virtual court dates.

You have a right to see your child where deemed appropriate under a written agreement or court order. This includes orders for temporary care and custody. You have a right to see your child within specific timelines identified in provincial policy, including within one week of the child being taken into care and again within 30 days of the child being taken into care, if it is in the child’s best interest.

Exception to Parental Rights

The Children and Family Services Act states that where the court makes an order for permanent care and custody, the agency becomes the legal guardian of the child and takes on all the rights, powers, and responsibilities of a parent or guardian for the child’s care and custody. When a court makes an order for permanent care and custody, they do not make orders for a parent or caregiver to have continued contact with their child. However, if the agency considers it to be in your child’s best interest, they can facilitate communication or contact between the child and yourself, a relative, or someone who has an established relationship with the child. What that contact or communication looks like is different for each case.