Matters pertaining to child protection in Nova Scotia are dealt with by the Child and Family Services Act.
Protection Application: The Child Protection Agency may make an Application to the court for a finding that a child is in need of protective services without first taking the child into care. The Agency must disclose allegations, intended evidence and Orders sought in any proceeding related to child protection matters.
Taking Into Care: A Child Protection Agency may take a child into care if her or she has reasonable and probable grounds to believe that the child is in need of protective services and reasonable and probable grounds to believe the child’s health and safety is at risk and cannot be protected adequately otherwise than by taking the child into care. This is an administrative act and does not require authorization by the courts.
In child protection matters specific deadlines are put in place by the relevant legislation. An Interim Hearing must be held within five working days of the taking into care or the Application. The Interim Hearing must be completed within thirty calendar days of the same event. A Protection Hearing must be completed within ninety-days of the filing of a Protection Application.
Finally, a Disposition Hearing, which determines the child’s care, custody, access services and assessments, must be made within ninety-days of the Protection Hearing. The focus at this stage is on the best interest of the child.
How We Can Help
This is a very complicated and specialized area of law which requires the filing of legal documents and legal advocacy. Connect with a member of our team today to schedule your free half hour consultation. To contact a member of our team call us at 902-469-9500 or 1-866-339-3400 or contact us online to make an appointment.