Can CAS Make Me Take a DNA Test to Prove I'm Related to a Child in Ontario?
Whether you can be made to take a DNA test depends on who is asking and under what authority, so speak to a lawyer before you agree to or refuse one. The child protection rules themselves focus on the child's relationships and on whether the home is safe, not only on blood ties.
A relative means the child's grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption. Someone who is not a relative can still qualify as a member of the child's community, for example a person who has a beneficial and meaningful relationship with the child or a family member.
Before a planned placement with a relative or community member, the society must check that the caregiver can provide a safe home. That includes interviewing the caregiver, meeting the child privately, assessing the home and reviewing records. A grandparent or other non-parent can also apply to the court for a parenting order about decision-making responsibility, with a sworn affidavit setting out the plan for the child's care. If your link to the child is doubted, gather whatever shows your relationship and ask a lawyer what proof is likely to matter in your case.
Key takeaways
- A 'relative' means the child's grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption.
- A non-relative, such as a family friend with a beneficial and meaningful relationship with the child, can also qualify for placement.
- Before a planned kin placement, the society must check that the caregiver can provide a safe home, including interviewing the caregiver and assessing the home.
- Whether a DNA test can be required in your case depends on who is asking and under what authority, so get legal advice first.