250 Baker Drive, Suite 222
Dartmouth, NS  B2W 6L4

Child Protection: Navigation and Advocacy

Child Protection: Navigation and Advocacy

Is your family involved with Child Protection in Nova Scotia?  Are you feeling confused about the process and need information and support?

In Nova Scotia, the provincial government department responsible for child protection matters is the Department of Opportunities and Social Development, formerly known as the Department of Community Services (DCS).  This agency is sometimes informally referred to as “child welfare”, “children’s aid”, or “child protective services (CPS)”.

The private agency responsible for child protection matters in Mi’kmaw communities is Mi’kmaw Family and Children’s Services.

As per Family Law Nova Scotia:

The mandate of child protection in Nova Scotia is to protect children under the age of 19 from abuse and/or neglect, while making every effort to keep families together.

The child protection law in Nova Scotia is called the Children and Family Services Act(CFSA). All social workers working with child welfare agencies and all judges in Nova Scotia must follow the law and regulations of the CFSA in doing their work.

When child protection services are being provided to Indigenous children and families, the federal legislation, An Act Respecting First Nations, Inuit, and Metis Children, Youth and Families, will apply.  This will ensure that specific cultural needs will be considered.

Under the Children and Family Services Act, child protection social workers are required to investigate reports of child abuse and neglect.  The purpose of an investigation is to determine if a child has been, is being, or is at risk of being, abused or neglected.  During an investigation the child protection social worker gathers information.  This can include talking to the children, the parents, and other people who may be able to provide information (such as a family doctor, school teacher, or other family members).  This investigation may be completed with the police if there is an indication that a criminal offence has occurred. The child may also be examined by a doctor as part of this investigation.  After the information has been gathered, the agency will make a decision as to whether there is evidence that the child has been, is being, or is at risk of being, abused or neglected.  If the agency concludes that the child has not been abused or neglected and is not at risk of being abused or neglected in the future, services to support the family may be offered and/or the file would be closed.  If it is determined that the child has been abused or neglected, or is at significant risk of being abused or neglected, the agency will open the file to provide ongoing services.  The purpose of these services is to address the issues that are posing a risk of harm to the child and provide the family with supports.  A parent may already be aware of services that could help. The child protection social worker could help in arranging these services, and may also suggest other services, such as counselling, family support services, or substance abuse treatment.

Duty to Report

Any person who has information indicating that a child is in need of protective services (is being harmed, abused or neglected, or is at serious risk of being harmed, abused or neglected) must report that information to a child protection agency.

Even professionals who have confidential information, have a duty to report, and we take this duty very seriously at Brightside Integrated Health.

Should I get a lawyer?

Child protection matters can be complicated, with many possible outcomes.  It is recommended that anyone going through any kind of legal proceeding should have legal advice, and legal representation whenever possible.  Nova Scotia Legal Aid offers one hour appointments to clients who need legal advice when they are involved with a child protection agency.  For more information on how to get legal advice or find a lawyer, please click here.

What if my child is taken into care?

For more information about what happens when an application is made to court, please see the Child Protection Booklet – What you need to know when child protection takes your children into care (PDF, 375Kb). You are advised to consult with a lawyer if you have any questions.

How can Brightside help?

Brightside’s founder, Brian MacAulay, is a seasoned social worker with over 10 years’ experience investigating child protection referrals.  As a therapist, Brian has supported and advocated for his clients who are involved with child protection, including providing reports and expert testimony in both criminal and family Courts.  Brian believes that children deserve to be safe and that families deserve to have support when experiencing a crisis, or to prevent a crisis.  His professional values align with the mission of the Department and he closely adheres to the Children and Family Services Act.

Although Brian does not challenge the Act, nor the Law, he does review with a critical eye, the decisions made by the child protection social workers associated with the case in question.

Brian can provide information and advice regarding how to work with the Department to adequately address the identified areas of concern in the fastest way possible, and can offer to liaise with the Department, including case conference participation.  A case conference is a meeting that may be held in a child welfare case, and usually involves the parents, the agency social worker and any counsellors or social workers or other professionals who are involved with the family.  If the case is before the Court, the parents’ lawyers and the agency lawyer, may also attend.  Other support people or relatives, who may be involved in the parents’ plan to care for the children, may also be involved.

Other related information:

Reporting:

If you suspect that a child is being abused or neglected or is a witness to child abuse, please contact the child welfare agency in the area where the child lives.

  • Between 8:30am – 4:30pm on weekdays: call 1-877-424-1177
  • Between 4:30pm – 8:30am on weekdays and on weekends or hoilidays: call 1-866-922-2434
  • For children and families living in Mi’kmaw communities, contact Mi’kmaw Family and Children’s Services 24/7 at 1-800-263-8686 (mainland) or 1-800-263-8300 (Cape Breton)

Click here to find the contact information for a child welfare agency in your area.