- A relative or a member of the child's community can be assessed by the society as a safe caregiver before a child is placed with them under O. Reg. 156/18, ss. 38 to 44.
- Courts must consider placing a child with kin before ordering society care, and the court may instead grant custody to a consenting person, such as a grandparent, under CYFSA s. 102 if that better serves the child's best interests.
- Ontario Works Temporary Care Assistance may help with costs, but a caregiver who is a parent or has treated the child as their own cannot get it.
When a children's aid society (CAS) steps in, it may ask a grandparent, aunt, uncle or family friend whether they can take the child in. That call can come with little warning, and it raises quick questions. Will the society check your home? What happens in court? Can you get any money?
This article explains the main Ontario rules in plain language. It covers who counts as kin, how the society assesses you, how the steps change in special situations, what the court considers, and the financial help that may be available. Every case turns on its facts, so treat this as a map and not as advice for your own situation.
Who counts as a relative or a 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. It covers people the child is related to, including through a spousal relationship or adoption, and for a First Nations, Inuk or Métis child it also includes members of the bands and communities the child belongs to or identifies with.
You do not have to be related at all. A person who shares ethnic, cultural or creedal ties with the child, or who has a beneficial and meaningful relationship with the child or a related person, such as a family friend, can count as a member of the child's community.
How the society assesses a kin home
The kin placement 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 you are capable of providing a safe home environment.
To make that decision, the society must identify every person 18 or older living in the home, interview you, meet privately with the child, assess the home and review society records for every adult in the home.
The society must also tell you about the police record check and offence declaration requirements and get your consent to disclosure. Within seven days of your consent, it must search the Child Protection Fast Track Information System and ask other jurisdictions for their records.
When the steps change
| Situation | What changes |
|---|---|
| The child already lives with you when the society learns of it | The society must decide within seven days of learning of the placement whether you are providing a safe home environment, then carry out the same checks on every adult in the home. |
| First Nations, Inuk or Métis child | The society must consult the child's bands and communities before the kin-placement procedures begin. If it cannot, it must use best efforts to consult them after the procedures begin. |
| The relative lives 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. |
What the court considers
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 child's extended family or community. At the final stage, the court must not order a child removed from the person who had charge of them unless less disruptive alternatives would be inadequate, and before ordering removal it must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order.
Instead of a s. 101 order, the court may grant custody to one or more persons, such as a grandparent, if that better serves the child's best interests. The person must consent. Whether you would have a formal role in the case depends on your situation, so a lawyer can confirm where you stand.
Money: Temporary Care Assistance
Ontario Works Temporary Care Assistance (TCA) may help when you care for a child who is not your dependent. The adult giving temporary care is treated as the applicant. The child must be in your temporary care and in financial need, and must not be a dependent child under Ontario Works or ODSP. You must have no legal obligation to support the child and must not be paid for caring for the child under the CYFSA.
The maximum amounts are $274 for the first child and $224 for each additional child. North of the 50th parallel in areas without year-round road access, they are $440 for the first child and $326 for each additional child. Local Ontario Works offices apply the rules, and the amounts may have changed, so confirm the current figures with them.
- A caregiver who is the child's natural or adoptive parent, or who has demonstrated a settled intent to treat the child as a child of their own family, has a legal obligation to support the child and cannot get TCA.
- A kinship child may be eligible if the criteria are met, but a child in foster care is not, and a child placed through adoption or under a s. 116 legal custody order is a dependent and is not eligible.
What to do next
- Ask the society to explain in writing which arrangement it proposes and what it means for the child's legal status.
- Be ready for the home assessment: list everyone 18 or older in the home, and expect interviews, a private meeting with the child and record checks.
- Keep your own notes of visits, dates and who you spoke with.
- Remember that any agreement is valid only if you are reasonably informed, have had a chance to get independent advice and act voluntarily.
- Ask the local Ontario Works office about Temporary Care Assistance before choosing a legal route.
- Speak to a family lawyer before you consent to a custody order or the society's plan.
Frequently asked questions
Can a family friend take a child in, or only a relative?
A person who is not related can still count as a member of the child's community, for example through shared ethnic, cultural or creedal ties or a meaningful relationship with the child or a related person. The society still has to decide whether the home is safe.
What if the child is already living with me?
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.
Can I get a custody order as a grandparent?
The court may grant custody to a person such as a grandparent if that better serves the child's best interests, and the person must consent. Whether it is the right route in your case is worth discussing with a lawyer.
Will I get Temporary Care Assistance?
It depends. The child must be in your temporary care and in financial need, and you must have no legal obligation to support the child. A caregiver who has treated the child as their own is excluded, and a child under a s. 116 legal custody order is not eligible.
Sources
- Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (e-Laws) — Ontario e-Laws
- O. Reg. 156/18 (General) under the CYFSA (e-Laws) — Ontario e-Laws
- Ontario.ca – Ontario Works Policy Directive 3.10: Temporary care assistance — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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