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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101006
Experience:  Lawyer
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The CAS worker that interviewed my child is not registered

Customer Question

The CAS worker that interviewed my child is not registered and my son has special needs. He was diagnosed ADHD. Can I sue the cas in my region along with the school board for letting them have access to my child without a call being put in by the school.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I'm in Canada. Ontario
JA: Has anything been filed or reported?
Customer: Yes. We are going to court in feb. they are claiming I kept my son in an abusive house. My husbands charges have been dropped
JA: Anything else you want the lawyer to know before I connect you?
Customer: My daughter was taken without any allegations against her
Submitted: 8 months ago.
Category: Canada Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

May I go ahead?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
Here would be better.
Expert:  Debra replied 8 months ago.

You won't be able to sue the CAS for interviewing your child without telling you. In fact that is generally what they do in most cases as they want the child to feel safe to express themselves. So you don't have the legal right to be with your child during the interview and you don't have the legal right to know it is going to happen.

In cases of abuse telling the parent could put the child in danger so even though that was not the case for you they don't know what is going on before they see the child.

The same holds true for the school. In fact the school is prohibited from telling you about the interview ahead of time or including you unless the CAS wants to include you.

So these allegations should not be raised again as they will make you seem as if you want to blame them for what is going on.

A better approach is to show that you are fully co-operating but that your child is not in need of protection.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?