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Most of the work a Society does with a family is accomplished in the aforementioned voluntary manner, however just like in other areas of family law, the Society can commence a court proceeding, which it is permitted to do under Section 40(1) of the Child and Family Services Act.
A child protection court proceeding has some similarity with a criminal court proceeding in that it has two parts. The Society has the burden of proving whether a child is in need of protection under Section 37(2) of the Child and Family Services Act, failing which, the court will not impose a disposition. As well, under Section 57.1 of the CFSA, the court can grant custody of a child to one or more persons, with the consent of those persons.
The aforementioned finding of whether a child is in need of protection and the decision regarding the appropriate disposition can be ordered by the court at the conclusion of a trial, or can be consented to by the parties at any stage of the court proceeding. Any terms of custody and access in an outstanding custody order concerning a child who is the subject of a current child protection application, will have no force or effect while the application is ongoing.
All “parents” as defined by the CFSA will be given recognition as parties to a court proceeding. If an individual who was not initially named as a party would like to plan for a child involved in the proceeding, then that individual can seek the remedy of being added as a party.
Pursuant to Section 56 of the CFSA, the court shall, before making any disposition, obtain and consider the Society’s plan for the child. The Plan of Care is a very key document as it provides the parents and other caregivers with information on what they may or may not need to do to remedy the condition or situation that resulted in their child being found to be in need of protection. Unfortunately, circumstances may dictate apprehension of a child by the Society at the commencement of a court proceeding or at any time during an existing court proceeding. Apprehension is a remedy not often sought by the Society, and normally is done by obtaining a warrant for same after convincing a Justice of the Peace that the child is in need of protection, and a less restrictive course of action is not available or will not protect the child adequately. If the Society is successful in obtaining an order placing the child in the temporary care of the Society, a parent has the right to a hearing to determine whether the child can be returned to the parent, or be placed with another person, with that person’s consent, and subject to the supervision of the Society. If a child remains in the care of the Society, and if that child is under 6 years of age, the CFSA only permits that child to remain in Society care for 12 months, at which time the Society must decide whether the child should be permanently removed from the child’s caregivers. After a decision is made on the interim placement of the child, either with the Society, with the parent, or with another person under the supervision of the Society, the court matter can progress as detailed above with a determination of whether a child is in need of protection and the appropriate disposition.
Get your free copy of Spending Wisely plus a free subscription to our weekly e-course on family law. Disclaimer: The materials on this website are intended for general informational purposes only and do not constitute consulting or legal advice on any matter. Early Programs and Services: The CAS organization raised substantial funds from the public and many wealthy philanthropists including members of the Roosevelt, Astor, and Dodge families, and immediately began opening lodging houses for homeless youths, as well as industrial schools to teach cobbling, sewing, and many other trades. Annual reports of the Children’s Aid Society prints selected letters from the children. My father and uncle were once at the Brace School in Valhalla, NY in 1913 until they were sent to Iowa and then onto Kansas and returned to Iowa in January 1914. I have on video and on tape the life my father lived and is really interesting to listen to this and when his generation is pretty much gone and it is up to their offsrping to keep this part of life and history going.


A Community School is a strategy for organizing the resources of the community around student success.
Since 1992, The Children’s Aid Society partners with the New York City Department of Education in 16 community schools, located in Washington Heights, Harlem, the South Bronx and Staten Island.
The Children’s Aid Society is an active and founding member of the Coalition for Community Schools. The paragraphs below detail the legal aspects of child protection law and the initial court process.According to Section 1(1) of the CFSA, the paramount purpose of the CFSA is to promote the best interests, protection and well being of children. In Canada, the criminal court must first determine whether a person is innocent or guilty of a criminal act, with innocent persons being released from any further scrutiny, while guilty parties must deal with a second process called sentencing. If a child is found to be in need of protection and the court is satisfied that a court order is necessary to protect the child in the future, the court can then decide the appropriate disposition for the child taking into consideration the best interests of the child, as per the enumerated grounds in Section 37(3) of the CFSA. All issues of access and placement of the child during the child protection application will be decided with the context of the child protection application, which will effectively “trump” any outstanding custody order. The term “parent” is given a broad definition in Section 37(1) of the CFSA, and is meant to be inclusive due to the very serious remedies available to the court under the CFSA, such as Crown wardship. As well, pursuant to Section 39(1)(4) of the CFSA, where a child is an Indian or native person, a representative chose by the child’s band or native community will also be a party to the proceeding.
The parties are also entitled to obtain a copy of the Society’s plan, which will include information regarding the services the Society expects to provide to the family, what the Society expects the family to do, explanations as to why a child cannot remain in the care of a particular caregiver, and a description of arrangements made or being made to recognize the importance of the child’s culture and to preserve the child’s heritage, traditions and cultural identity.
It also assists the court in deciding the proper disposition for the child and whether the proposed plan for the child is appropriate to meet the needs of the child.
At that time, placement of the child in the temporary care of the Society will occur when the child cannot be adequately protected while remaining in the care of her or his parent or caregiver. In certain circumstances, a child can be apprehended without a warrant when a child protection worker believes on reasonable and probable grounds that the child is in need of protection, and there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter before the court or to obtain a warrant. Children 6 years of age and older can remain in the care of the Society for 24 months, at which time the Society must decide whether the child should be permanently removed from the child’s caregivers.
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They were children whose guardians could not care for them, or who hoped they would find a better life, and who signed surrender documents releasing them to the care of the Children’s Aid Society. Feel free to join the discussion by leaving comments, and stay updated by subscribing to the RSS feed. It is both a place and a set of partnerships between the school and other community resources.
For many parents and other caregivers, having to deal with a Children’s Aid Society in Ontario can be very stressful, as satisfying the aforementioned paramount purpose of the CFSA can result in questioning their ability to meet the basic needs of the children in their care. When a Society commences a court proceeding, the first part of the process deals with a determination of whether a child is need of protection, and if so then the court will decide the appropriate disposition in the second part.
Section 37(3)(6) of the CFSA specifically details consideration for the child’s relationships and emotional ties to a parent, sibling, relative, other member of the child’s extended family or member of the child’s community, and in essence encourages kin and kith of the child or family to be considered in any plan for the child.


Often, more individuals than just the natural mother or father of a child will be included as a “parent” in child protection court proceedings. Many others were adolescents without known guardians who were seeking their own fortunes by heading west. Its integrated focus on academics, services, supports and opportunities leads to improved student learning, stronger families and healthier communities.
The schools offer a comprehensive, integrated approach to education that extends the hours, services and partnerships of traditional public schools. We hope you can join us to support this necessary program—every dollar does make a difference! At first, they sent children primarily to the Midwest and West, taking advantage of new train lines and the need for farm labor during the period of westward expansion.
Schools become centers of the community and are open to everyone —all day, evenings and weekends, year round.
Most Children’s Aid Society schools are open all day and well into the evening, six days per week, year-round.
The Society will normally assign a social worker to the family, who will attempt to problem solve with the family while the children remain with their caregivers.
Many other children were transferred to the care of the Children’s Aid Society from orphanages, almshouses and correctional facilities all over New York City and State.
Because students in Children’s Aid community schools receive high quality services inside the schools, they arrive to classes ready to learn, and teachers are able to focus on instruction.
Brace also occasionally visited the New York City Almshouse on Blackwell’s Island further exposing him to the degrading and dehumanizing conditions prevalent in large sections of the city. For older boys, the CAS operated a farm school (Brace Farm opened in 1894 in Valhalla N.Y.
Children’s Aid community schools produce better student and teacher attendance, increased grade retention, more appropriate referrals to special education services, improved test scores and higher parent involvement than similar schools.
Some of the local people in my community never heard of the orphan trains and find it very interesting. Some were foster children; the families agreed to treat them like members of the family and send them to school, and in return expected the children to help on the farm or in the house.
By 1929 the emigration program in its original form had ended, and the only children sent to farms in the country were older boys placed as paid laborers after training at Bowdoin Farm. A smaller training program at Goodhue Home on Staten Island prepared girls for foster care and adoption placement, beginning around 1921.



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