Residential Services (Section 9) Agreement

A case worker may ask you to sign a Residential Services Agreement, also called a Section 9 Agreement, if they find that: 

• your child is in need of protection AND
• there is a risk of serious harm to your child AND
• the risk of harm cannot be managed by having your child stay with you under a Family Services Agreement

Under a Section 9 Agreement, your child lives outside of your care for a certain period of time but you remain their guardian. See also Who Will My Child Live With If It's Not Me.

It is important to know that you have the right to speak with a lawyer or someone else that you trust before signing this type of agreement. You can ask for time to do this. Your child may or may not be able to stay with you while you take this time, depending on whether the case worker feels the risk to your child can be managed through something like a Safety Plan. If you sign a Section 9 Agreement and you were not able to get legal advice beforehand, you should contact Legal Aid or another lawyer so that you can get help with the next steps.

The law says that a Section 9 Agreement can be for a maximum of one year in length. In most cases, the initial agreement will for less time than that and you can specifically ask for this. If a case worker wants to renew a Section 9 Agreement (make it last longer), you have the right to get advice again (from a lawyer or someone else) before agreeing to that. Even if you were not able to talk to a lawyer before signing an agreement the first time, you should try to do so before signing any renewal. 

A child cannot be under a Section 9 Agreement for more than 24 months in total. At that point, your child can only remain outside of your care under a court order.

If you refuse to sign a Section 9 Agreement, it is likely the case worker will apprehend your child and must then make an application to the court within seven days after the date of apprehension. See Can My Child Be Removed From My Care and My Home for more detailed information on apprehension. You might refuse to sign a Section 9 Agreement if you do not believe that your child is at risk of serious harm and you do not understand how the case worker came to that conclusion or you do not think that there is evidence to support that conclusion. You may prefer to have the court decide the matter in that case.

What you decide to do in any case very much depends on the circumstances and the nature of any risk to your child. If you cannot get legal advice or help from someone you trust before signing an agreement, you should do so immediately afterward.