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What is an Answer and Plan of Care in my child protection case?

What is an Answer and Plan of Care in my child protection case?
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Reviewed: 
October 31, 2018
Answer

An Answer and Plan of Care is a form you fill out to respond to the concerns a Children's Aid Society (CAS) raises in their protection application.  You tell the court how you plan to care for your child. It's also known as Form 33B.1.

In your plan, you want the court to see that you can properly care for your child. You should include information such as:

You can ask CAS for support in your plan and say you're willing to work with CAS. Your plan can also say what you will do about the things CAS is concerned about so that your child will be safe and taken care of. 

It's best to get a lawyer to help you fill out your Answer and Plan of Care.

But if you agree with what CAS is asking the court for, you don't need to fill out an Answer and Plan of Care. You should tell CAS if you agree to what they're asking for. For example, you might agree to place your child in interim society care for a certain period of time, followed by a supervision order.

Deadline

After you get a protection application from CAS, you usually have 30 days to fill out, serve, and file your Form 33B.1: Answer and Plan of Care.

You have more time if you were served outside of Canada and the US. You get 60 days.

Rule 3: Time tells you how to count time or days. If you need help counting time, you can ask the court clerk for help.

If you don’t agree with what CAS is asking for, you must respond with a plan even if you don’t have a lawyer.

If you miss this deadline, serious things can happen, for example:

  • you might not be told what is happening with your case
  • you might not be able to take part in the court case at all
  • the court may decide your case without you, and even have a trial without you

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