When a Children's Aid Society (CAS) starts a protection application, it's because they think that your child is a "child in need of protection". If the court decides that your child is in need of protection, the court decides what happens to your child based on the best interests of the child. This means that your Form 33B.1: Answer and Plan of Care must show the court why your plan can meet your child's needs and keep them safe.
It's important to be honest in your Answer and Plan of Care, and all your court documents.
Form 33B.1 Answer and Plan of Care has 5 parts.
Part 1: You have to give information about the children the case is about. For example, their date of birth, age, sex, names of their parents, religion, who has cared for them and when. You also have to say if your child is First Nations, Inuk, or Métis.
Part 2: This is where CAS has written the facts that they're using to support their case. You may agree with some or all of those facts, or disagree with some or all. You list the paragraphs in the application you agree with and which paragraphs you don't agree with.
If you only agree with part of a paragraph, you can say which part you agree with and which part you disagree with. You can then add what happened or what you want the court to know about the concerns CAS has. You have to number all your paragraphs.
Part 3: You fill out this part only if the case is a status review. A status review is when the court reviews how your child is doing after a court order was made at a:
Part 4: You have to give details about what your plan of care is, why you think the plan is in your child's best interests, and the people who will help you carry out your plan. Examples of the details you should include are:
Home and school
- where you live or will live
- if anyone will live with you and who they are
- where your child will live
- what school or daycare your child will go to
- what days and hours your child will attend school or daycare
- whether you're getting counselling and where
- what support services you will use for your child
- what support services you will use or want
- if you have support from your family or community,who will help you and how will they help
- what your child's activities will be
- how you will get money to support your child and you
- if you go to work or school, give the days and hours you will be at work or school, and who will look after your child while you are there
- why you feel this plan would be in the best interests of the child
Part 5: You have to list what you're asking the court for. For example, that you want:
- your child returned to you
- access to your child
- a certain person to get custody of your child
You can ask for more than one type of order. For example, you can ask that your child be returned to you. But if the court doesn't return your child to you, you can also ask for them to be placed in the care of a family member and ask for access. Check off the boxes on the form to tell the court what you're asking for.
There's a space after the list of check boxes where you can give details of the orders that you're asking for. For example, you can add details of your access plan, such as if a family member or friend is willing to supervise the access so you don't have to go to a CAS office.
There's also space at the end where you can add important facts to support what you're asking the court for. For example, you can talk about your history in caring for your child in the past. You can also include things you're doing to deal with the concerns CAS has.
Your Answer and Plan of Care has to show how you can care for your child. Focus on why your plan is in the best interests of your child.