Family Services Agreement

A case worker may ask you to sign a Family Services Agreement if they find that your child is in need of protection but that there is no risk of serious harm or that any risk of serious harm can be managed by providing family services and having you agree to certain things. If you can, it is a good idea to get legal assistance with this agreement before signing. That is not always possible so if you cannot do that, remember that:

• an agreement should focus on keeping your child safe, not on punishing you
• you can ask for things that you think will help you keep your child safe
• the Ministry or FNCFS Agency should agree to provide services that will help you
• you can ask the case worker what they intend to do if you do not sign an agreement

If you refuse to sign a Family Services Agreement, the law says that a case worker who believes your child is in need of protection must make an application to court within 30 days of giving you notice of that finding. If the case worker believes that your child is at risk of serious harm if an agreement for family services is not in place, then the case worker may remove your child without your consent (apprehension) if you refuse to sign. Otherwise, your child can stay with you while the court application goes ahead.

The law says that the court application must be made no more than 30 days after you have been given notice of the finding that your child is in need of protection. But if your child is apprehended, then different rules apply. In that case, the case worker must make a court application within seven days after the date of apprehension.

You can read more about apprehension at Can My Child Be Removed from My Care and My Home.