- Before ordering a child into society care, the court must consider whether the child can be placed with a relative, neighbour or other member of the child's community or extended family.
- A court can only remove a child if less disruptive alternatives, including non-residential care, would be inadequate.
- The Act requires consideration of family placements, but it does not promise any particular relative will be chosen.
- Relatives are not automatically parties to the case, so asking to be involved early matters.
When a family hears that a child is being moved to a foster home with strangers, the first question is usually: why not us? Grandparents, aunts, uncles and family friends often want to step in and do not know whether the system has to let them.
Ontario law does put real weight on keeping children connected to family and community. It does not guarantee that any particular relative will be approved, but it does require decision-makers to consider that option. This article explains where those duties come from and how relatives can make themselves known.
The starting point: least disruptive course of action
The paramount purpose of the Child, Youth and Family Services Act is to promote the child's interests, protection and well-being. Among its additional purposes is using the least disruptive course of action that is available and appropriate to help a child.
That idea shows up in the Act itself. A court can only remove a child if less disruptive alternatives, including non-residential care, would be inadequate. Placing a child with family is not mentioned there as a guarantee, but the court must look at it before going further.
When the law requires family placements to be considered
| Stage | What the law requires |
|---|---|
| Temporary order | Before a temporary order for society care and custody, the court must consider whether the child can be placed with a relative or a member of the child's extended family or community instead |
| Order removing a child to society care (interim or extended) | The court must consider whether the child can be placed with a relative, neighbour or other member of the child's community or extended family |
| First court date | The judge decides whether the child can be returned to a parent or an extended family member |
| Society choosing a residential placement | The society must choose the least restrictive alternative for the child |
For a First Nations, Inuk or Métis child, the rules go further. Unless there is a substantial reason otherwise, the court places the child with a member of the child's extended family if possible. The same section group also prioritizes extended family when the society chooses a placement, and requires reasonable efforts to pursue a plan for customary care.
Who counts, and what a placement with family looks like
The Act uses several overlapping terms. A relative is the child's grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption. Extended family is wider and includes persons to whom the child is related, including through a spousal relationship or adoption. A family friend, godparent or stepparent is considered as a member of the child's community or extended family rather than as a relative.
A child can be taken to a home as a place of safety if the person is a relative or a member of the child's extended family or community and the society has assessed the home and is satisfied the person is willing and able to provide a safe home environment. A separate route also exists: a court can grant custody to a person with their consent if it is in the child's best interests.
Investigators are also expected to look early. The Ontario Child Protection Standards say investigators should identify extended family, relatives and community members who might play a role in keeping the child safe.
Your role as a relative in the court case
The parties to a child protection case are the applicant, the society and the child's parent, plus a representative chosen by each of the child's bands and communities for a First Nations, Inuk or Métis child. Grandparents and other relatives are not named as parties or automatic notice recipients, unless they have cared for the child continuously during the six months before the hearing.
A relative who wants a say can ask the court to be added. The Family Law Rules let the court order that any person who should be a party be added and give directions for service. A relative who wants custody can also be part of the plan: the court can grant custody to one or more persons with their consent if that is in the child's interests. Whether any of this fits your situation depends on the facts, so a lawyer can confirm.
What to do next
- Tell the worker in writing that you are willing to care for the child and why you could do so safely.
- Ask the worker what the society needs from you and who in your household will be checked.
- Write down the dates of your calls and the names of those you speak with.
- Note the next court date and whether you have received notice; you may not automatically get it.
- If you are not a party, get legal advice about asking to be added.
- If the society plans to place the child with you, expect it to evaluate the plan, including interviews and an assessment of your home.
If you are unhappy with how the society has handled your request, a person may complain to the society about a service sought, and a review by the Board is possible after the society's decision.
Frequently asked questions
Does CAS have to place a child with relatives?
Not in every case. The law requires the court to consider whether the child can be placed with a relative, neighbour or other member of the child's community or extended family before removing a child to society care. Considering it is required, but the outcome depends on the facts and on the home being assessed as safe.
Can the court place a child with me if I am a grandparent?
It can consider you, and a court can grant custody to a person with their consent if it is in the child's interests. You are not automatically a party, though, so you may need to ask to be added.
Is there a different rule for First Nations, Inuit or Métis children?
Yes. Unless there is a substantial reason otherwise, the court places the child with a member of the child's extended family if possible. Customary care also requires reasonable efforts by the society.
Are child protection hearings public?
No. Hearings are closed to the public unless the court orders otherwise, and court records are not available to the public. That is one reason relatives often learn little unless they contact the society or the court.
Sources
- Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sch. 1 (e-Laws) — Ontario e-Laws
- O. Reg. 156/18: General Matters Under the Authority of the Minister (e-Laws) — Ontario e-Laws
- Ontario Child Protection Standards (2016), Standard 2 — ontario.ca
- Family Law Rules, O. Reg. 114/99 (e-Laws) — Ontario e-Laws
- Ontario Court of Justice: Child Protection — ontariocourts.ca
- Ontario Court of Justice: Child Protection - Going to Court — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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