Can a Relative Care for a Child When CAS Steps In? Ontario Rules

When a Children's Aid Society (CAS) becomes involved with a child, many families ask the same thing: can a grandparent, aunt, uncle or close friend care for the child instead of a foster home? It can be considered, but before placing the child the society must decide whether the person is capable of providing the child with a safe home environment.

This guide explains who counts as kin, what the society must do before a placement, how the court looks at relatives, and what financial help may exist.

Who counts as a relative or community member

Under the Child, Youth and Family Services Act, 2017 (CYFSA), a "relative" is the child's grandparent, great-uncle, great-aunt, uncle or aunt, including those relationships formed through a spousal relationship or adoption. "Extended family" is wider: people the child is related to, including through a spousal relationship or adoption.

A person who is not related can still count as a "member of the child's community". That includes someone who shares ethnic, cultural or creedal ties with the child, and someone with a beneficial and meaningful relationship with the child or a related person, such as a family friend. For a First Nations, Inuk or Métis child, extended family also includes members of the bands and communities the child belongs to or identifies with.

The kin assessment the society must carry out

The rules in O. Reg. 156/18, ss. 38 to 44 apply when a society has found that a child needs protection and cannot be adequately protected with the current caregiver, and the society proposes, or is told of, a plan to place the child with a relative or a member of the extended family or community. Before placing the child, the society must decide whether the person "is capable of providing the child with a safe home environment".

To make that decision the society must:

• identify every person 18 or older living in the home and how they are related to the child
• interview the proposed caregiver
• meet privately with the child
• assess the home, including its physical features
• review society records for every adult in the home

It must also tell the caregiver about the police record check and offence declaration requirements and get consent to disclosure.

Deadlines once a placement is proposed

Special situations

• Child already living with you: the society must decide within seven days of learning of the placement whether you are "providing the child with a safe home environment", then carry out the same checks on every adult in the home.
• Relative outside the society's area: the society may refer the assessment to another Ontario society or ask an out-of-province child welfare authority for help.
• First Nations, Inuk or Métis child: the society must consult the child's bands and communities before the kin-placement procedures begin, or use best efforts to do so after they begin if it cannot consult first.

What the court must consider

Before placing a child in society care on a temporary basis, the court must consider whether it is in the child's best interests to place the child with a relative, or a member of the extended family or community, under society supervision. Before ordering a child removed from the person who had charge of them, it must consider placing the child, with consent, with "a relative, neighbour or other member of the child's community" under a supervision order. For a First Nations, Inuk or Métis child, unless there is a substantial reason to place the child elsewhere, the court must place the child with extended family if possible, and if not, with another family from the child's community.

Instead of a society-care or supervision order, the court may grant custody to one or more people, such as a grandparent, if that better serves the child's best interests and the person consents. A s. 102(1) custody order cannot be made in favour of a foster parent, though on a status review the court may grant custody to a person, including a foster parent, with consent.

If you have cared for the child continuously for the six months before the hearing, you get the same notice as a party and may attend, have a lawyer and make submissions. Taking any further part requires the court's leave.

Money and what to do next

Under Ontario Works Temporary Care Assistance (TCA), the adult giving temporary care applies, the child must be in that adult's care and in financial need, and the adult must have no legal obligation to support the child and must not be paid for the care under the CYFSA. The Ontario Works policy directive has listed maximums of $274 for the first child and $224 for each additional child, or $440 and $326 in certain northern areas without year-round road access. Those figures may have changed, and your local Ontario Works office applies them, so confirm the current amounts with that office.

A kinship child may qualify if the criteria are met, but a child in foster care does not, and a child under a s. 116 legal custody order is a dependent and is not eligible. A parent, or a caregiver who has shown a settled intent to treat the child as their own, cannot get TCA.

• Tell the worker in writing that you want to be considered as a caregiver.
• List every adult living in your home and be ready for record checks.
• Ask which deadlines apply and who your contact is.
• Keep notes of visits, calls and any agreements.
• Ask Ontario Works about TCA, and speak to a lawyer before consenting to a custody order, since it can change your funding.

Frequently asked questions