Social workers from Nova Scotia child protection took away my children. What do I do now? How do I get my kids back?

Having your children removed from your home can be very scary for everyone involved. While it is normal to be emotional, the best thing you can do if this happens to you is to reach out for help, and ask questions, in as calm and polite a manner as you can.

Child Protective Services

In Nova Scotia, child protection is part of the Department of Opportunities and Social Development, and is often referred to as CPS, though some people will also use the acronym CAS, which is short for Children’s Aid Society, which is the name used in Ontario. This department is responsible for making sure that children in Nova Scotia are protected from harm caused by their caregivers.

Notice of Taking into Care

If a child has been taken from you, the social worker who came to the home must provide you with a Notice of Taking into Care, which will tell you why they think the children are not safe and need to be removed from your home. The notice will list the parts of Section 22 of the Children and Family Services Act that they feel apply, so you may need to get legal advice to help understand what is being said. They may also have an affidavit, which is a written statement by the social worker that has been sworn to be true, which says what the reasons are for taking the children from your care, though sometimes the affidavit is delivered later.

5 Day Appearance

You do have rights in the process, and if your children are removed from your home, it does not mean that they will never return. Within five days of the children being removed from your care, there will be a court appearance, often called a “5 Day Appearance” or “First Appearance”. This is usually a short (15 minute) court proceeding, in which a judge will decide if the evidence that the child protection department (often referred to as the “Minister” or the “Agency”) has provided is enough to justify taking the children from you. This is not a final decision – there just has to be enough evidence to show that the children are likely at risk of harm, if the evidence is true.

Next Steps: Visitation & Care Plan

If the judge decides that there is enough evidence, that is not the end of the process. The social workers will set up times for you to see your children, and will ask you to do certain things to make it safe for the children to come back and live with you. This could be counselling or addictions programs, parenting classes, or even repairs or cleaning in your home.

30 Day Appearance

There will be another court appearance within 30 days of the first appearance. This is when the judge will make an order deciding where the children will live for the next part of the proceeding. They could be returned to you, but with the condition that social workers continue to be involved with your family, including visiting unannounced, whenever they want. This is called a “Supervision Order”, and it is the most common arrangement in child protection proceedings at this stage.

Temporary Care

If the child protection workers believe is is not safe for a child to return to your home yet, they may be placed in the care of a family member or close friend, provided that that person agrees, and is willing to follow all of the Agency’s rules. If no family member or close friend can be found who is suitable, the children will be placed in foster care.

Get Legal Advice

The child protection process can be a long one, and it is filled with technical issues. It is highly recommended that you get legal advice if your children have been removed from your care, as there are many things that need to be filed in particular ways in order for the judge to consider them. Getting a lawyer to represent you makes sure that your rights are protected, and allows you to put your best foot forward.

By: Anastacia DesLauriers – Lawyer

Have Questions For Us?:

If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice, including a written summary of your options, before deciding whether or not you'd like to retain us.

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