I'm a single mother of 2 boys. Their father signed over sole custody to me in court as an act to get court done and over with. He recently called CAS and now they have me under investigation. They want me to do a hair folical test because I recreationally consum alcohol and marjiuana. I have not signed any papers yet saying that I'm going to agree to this and have since spoke to a lady very knowlegdable in the family law aspect. She says I do not have to sign the papers and agree to this testing and that CAS is trying to bully me into it by stating that they are going to take my kids even though I do not believe they have any right too. CAS told me themselves that there is nothing they can do about me smoking pot... Can I fight this with my lawyer.. I believe CAS and my ex are both trying to bully me into what they want.

**Living in Ontario**

What is CAS?

Oooops... children aid society

OACAS: Child Welfare: About Our Members
Children's Aid Societies provide an essential service and are legislated to perform certain functions under the provisions of Section 15 of the Child and Family Services Act (CFSA). The mandate of Children's Aid Societies as described in this section of the CFSA includes the following

To investigate allegations that children are in need of protection;
To protect children;
To provide guidance for protecting children and for the prevention of circumstances requiring the protection of children; and
To provide care for children assigned to its care under this Act.

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Originally Posted by Sararas2864

I recreationally consum alcohol and marjiuana.

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What?? A very good idea. I will try to explain that a friend of mine uses cocaine 'RECREATIONALLY"

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Originally Posted by Sararas2864

I have not signed any papers yet saying that I'm going to agree to this and have since spoke to a lady very knowlegdable in the family law aspect. She says I do not have to sign the papers and agree to this testing and that CAS is trying to bully me into it by stating that they are going to take my kids even though I do not believe they have any right too. CAS told me themselves that there is nothing they can do about me smoking pot... Can I fight this with my lawyer...? I believe CAS and my ex are both trying to bully me into what they want.

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Again
Child and Family Services Act
15. (3)
The functions of a children’s aid society are to,

(a) investigate allegations or evidence that children who are under the age of sixteen years or are in the society’s care or under its supervision may be in need of protection;

(b) protect, where necessary, children who are under the age of sixteen years or are in the society’s care or under its supervision;

(c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children;

(d) provide care for children assigned or committed to its care under this Act;

(e) supervise children assigned to its supervision under this Act;

(f) place children for adoption under Part VII; and

(g) perform any other duties given to it by this or any other Act. R.S.O. 1990, c. C.11, s. 15 (3).