The following is a brief overview of what takes place in the child protection process, and is not an in-depth review of the process.
Intake and Investigation
The agency becomes involved when they receive a report or referral of a possible safety concern for a child from a concerned individual, and the agency’s role is to investigate those concerns. The agency has a duty to respond to these reports or referrals within designated timelines based on the seriousness of the safety concern to the child based on the information they receive. Below is a table outlining these timelines for response:
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Priority |
Definition |
Response Time |
| 1: High Risk | Life Threatening Situations | One Hour |
| 2: High Risk | Dangerous but not Life Threatening | Same Day |
| 3: Moderate Risk | Damaging but not Dangerous or Life Threatening | Within Two Days |
| 4: Low Risk | No Immediate Risk | Beyond Two Days but Within 21 Days; A specified timeline must be identified within this range |
While a report or referral of a possible safety concern is being investigated, a social worker will meet with the family, and may speak with any other individuals who are connected with the child and family in some way, including family members, friends, teachers, professionals, and others. The agency should complete their investigation within six to eight weeks (unless there’s been an extension) and let you know the outcome.
Safety Concern Not Substantiated
If the investigation shows that the agency cannot substantiate (confirm) the safety concern for the child based on the report or referral received at intake, then the agency must close the case for further involvement.
Safety Concern is Substantiated
If the investigation shows that the agency can substantiate (confirm) the safety concern to the child based on the report or referral received at intake, then the agency and family must identify how to reduce or eliminate the safety concern to the child. This may include the parents or caregivers accessing resources and supports to help build their skills and strengths to improve the safety and wellbeing of the child. If the safety concern is low to moderate, the family and agency can decide to work together without making a formal application to the court. If the safety concern to the child is high, the child may be taken into care and placed in out-of-home care while their parents or caregivers receive the help and support they need to address the problems.
Low to Moderate Responses
If the safety concern to the child is deemed to be low, and in some cases moderate, then the family and agency can decide to work together without making a formal application to the court. They may be able to use one of the following options:
- Memorandum of Understanding (MOU): An agreement between the agency and the parents or caregivers for resources and supports to address the concerns. The MOU may set out what the expectations are and what resources and supports will be put in place.
- Immediate Response Circles (IRC): This approach works with the family and their community support network on a voluntary basis in a collaborative and non-judgmental manner to help the family access resources and supports that build on their strengths and community support network. The IRC approach may use the Wikɨmanej Kikmanaq Program for early intensive, preventative, and supportive intervention, rather than opening the case for long-term services.
Moderate to High Responses
If the safety concerns to the child are deemed to be in some cases moderate to high, then the agency may make an application to have a formal proceeding before the court.
In Nova Scotia, the child protection process in court can take up to 18 months for a final decision to be made by a judge, and averages about 12-18 months. In some cases, the agency can make an application to the court to dismiss the matter early and return the child to their home. In other cases, the agency can make an application to the court to seek permanent care and custody of the child.
A child protection case that goes before the court is often set out into five noteworthy stages. The descriptions below are minimal, and you should get a lawyer, experienced in child protection law to represent you if you are involved in such a matter. The lawyer can provide you with legal advice, options, and more details regarding these five stages.
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Stage 1 – Interim Hearing |
| Any time a child is taken into care, the agency must bring an application to court within 5 days. This is the first court appearance for parents or caregivers. The first appearance typically lasts about 15 minutes. During this time, the judge will decide if there is a reason to believe, based on the evidence presented by the parties, that a child is in need of protective services. If there is not enough evidence presented to support the agency’s application, the judge will dismiss the case and the child, if in the care of the agency, will be returned home to their parents or caregivers. A judge can also decide not to make a decision at the first court appearance and adjourn the matter to a later date but within 30 days of the date of the application or the child being taken into care. At that time, called completion of the Interim Hearing, the judge based on the evidence, can dismiss the case or have it carry on. If a parent or caregiver does not agree with the agency’s application, they can contest it (disagree) and set the matter down for trial. |
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Stage 2 – Protection Hearing |
| The next stage of the case before the court is called the Protection Hearing. This takes place within 90 days of the completion of the Interim Hearing (first appearance). The judge must determine if there is reason to believe the child may be in need of protective services, again based on the evidence of the parties. At this stage a judge must decide if an agency has proven that the child is in need of protective services. If parents or caregivers do not agree with the agency position, they can ask for a trial. If the judge finds that the agency has not proven it’s case, the matter is dismissed and the child must be returned home. If a judge decides that the agency has proven the child is in need of protection, the judge will grant a court order which will also provide for the care of the child, services for the parents or caregiver to address the agency concerns, and set out contact time between parents or caregiver to see their child. |
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Stage 3 – Disposition Hearing |
| The next stage of the case before the court is called the Disposition Hearing (sometimes referred to as first Disposition). This takes place within three months of the Protection Hearing where the judge had reason to believe the child may be in need of protective services. The agency must now present it’s Plan of Care for the child to the judge. The agency Plan of Care sets out the ways the parents or caregiver can best address the identified risk(s) of harm to their child. Parents or caregivers can also provide the judge with their Plan of Care for their child. If the child is under 14 years of age, the parents may have up to one year, from the date of the Disposition Hearing, to address the risk(s) of harm that led to findings in the child protection hearing. If the child is 14 years of age or over, the parents or caregiver may have up to 18 months to address the risk of harm. However, the agency is not strictly bound by these timelines. If they feel the matter warrants it, they can make an application to dismiss the case earlier or make an application for permanent care and custody of your child before the end of the timelines. Much depends on how well the parents or caregivers are doing in addressing the agency concerns that led to agency involvement. During this stage, parents may appear in court several times to review how the Plan of Care is working and make changes as needed. |
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Stage 4- Review Hearings |
| After the Disposition Hearing stage, the judge will want to know how things are going and Review Hearings are scheduled generally every three months for the duration of the child protection timeline, but they can take place earlier than three months if there is a need to. During these hearings, the judge looks at how the risk(s) of harm have changed and may change certain conditions, for example: if the parents or caregivers are making progress and addressing the concerns, they may be allowed to visit their child more often; they may be allowed to visit the child in their home; or the child may be allowed to move back home under a Supervision Order. |
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Stage 5 – Final Disposition Hearing |
| This hearing is also known as the “outside date”. It is the last stage the parents or caregiver’s case can be in court based on the timelines permitted in child protection cases before the court. If the agency and parents or caregiver cannot agree on a final outcome, the case can go to a permanent care and custody trial. At this stage, after hearing the evidence, the judge has only two options: (1) dismiss the proceeding and allow the child to return home to their parents or caregiver, or (2) make a court order for permanent care and custody, which places the child in the care of the agency making them the legal guardian of the child. The judge cannot make an order for contact between the child and their parents or caregiver. It would then be up to the agency to determine if any contact between the child and the parents or caregiver can take place. The agency can also consider placing the child for adoption. |
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Other Appearances |
| You may have Contested Hearings or Review Hearings at or during any of the above five stages. We’ve already mentioned Review Hearings so now we’ll speak about Contested Hearings. |
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Contested Hearings |
| If parents or caregivers do not come to agreement with the agency on how things should go, at or during any stage of the child protection proceeding before the court, they can contest (disagree) and have a contested hearing so the judge can decide on the disputed issue(s). Before making this decision, the parents or caregiver would be well served by getting legal advice and/or representation from a lawyer experienced in the area of child protection law who can advise on these matters. |
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Appeals Process |
| The Nova Scotia Court of Appeal is the highest court in the province that can hear an appeal of a child protection decision that came from a lower court or tribunal, to make sure no errors of law occurred. There are strict timelines to file an appeal application. The Court of Appeal can dismiss an appeal, allow the appeal and order a new trial or hearing, or allow the appeal and change the order from the lower court.
The Court of Appeal can also hear an application to stay the execution of an order of the lower court. If successful, this means that the terms of the order, or part of the order, does not go ahead until the Court of Appeal hears the case on appeal. There is a last appeal process from the Nova Scotia Court of Appeal to the Supreme Court of Canada, but very few cases are granted permission for this. |
Case Planning
Case planning happens when the agency has substantiated (confirmed) safety concerns to a child, and the parents or caregivers may be required to access resources and supports to address the agency’s concerns. Case planning happens for all types of safety concerns, from low to moderate, to high. During case planning, the agency and the family can identify voluntary resources and supports. Case planning may also include identifying resources and supports for a child, and ways to maintain the child’s contact and connection with their family, friends, and community if they are taken into care.
Even though the resources and supports accessed by the parents or caregivers are voluntary, they help the agency and the court (if involved) show improvement in the ability of the parent or caregiver to care for and protect the child.