Failed a CAS Kinship Assessment? Your Options in Ontario

You came forward to care for a niece, grandchild or other child in your family, and the children's aid society (CAS) told you that you were not approved. That is upsetting, and it often arrives with little explanation. The good news is that a society's assessment is not the end of the road in every case.

This article explains what the society looks at, what you can do right away, and the ways the process and the court may still allow you to be considered. It is general information, not advice on your situation. Because a child's placement is at stake and deadlines can be short, speaking with a lawyer early is sensible.

What the society checks when it assesses a relative

When a placement plan would put a child with a relative or a member of the child's extended family or community, a set of regulation rules applies. The society must decide whether the person can provide a safe home.

To do that, it must identify every person aged 18 or older living in the home, interview the proposed primary caregiver, interview the child privately, and assess the home, including its physical aspects. It also reviews its own records on every adult in the home, explains police record check and offence declaration requirements, obtains consent to share information, and searches the caregiver's name in the Child Protection Fast Track Information System.

The checks the regulation sets out do not include a specific document that proves a family relationship, so how kinship is shown is left to the society's evaluation. Which documents a society finds helpful can vary, so it is worth asking your local society. If the child is already living with you when the society finds out, it must evaluate that placement within seven days and document the evaluation within 30 days.

Common reasons a placement is not approved

The society does not have to use a single checklist of reasons, and each file is different. Based on what it must review, problems tend to fall into a few groups.

• Concerns that come up in the society's own records or in a child protection record search.
• Results of police record checks or offence declarations for you or another adult in the home.
• Something about the home environment, such as space or safety conditions.
• Concerns about another adult living in the home, whose identity and background must also be checked.
• Information from the interviews with you or with the child.

Ask the worker, in writing if possible, what specific concerns led to the decision. Knowing the reason tells you whether it can be fixed, explained or disputed.

Steps you can take with the society

• Ask for the reasons and what, if anything, would change the outcome.
• Correct any mistakes of fact, such as who lives in the home or what a record check shows.
• Address fixable concerns, for example household changes or physical repairs, then ask for a fresh look.
• Write down dates, names and what was said in each conversation.
• Make a complaint to the society about the service you sought or received.

A person may complain to a society about a service sought or received. The society's decision after its complaint review is final, except that you can apply to the Board for a review. Some complaints, such as that the society refused to proceed with a complaint, can go directly to the Board.

How the court can still consider you

The society's view is important, but the court has its own duties to look at relatives. Before it makes 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. Before any order removing a child to society care, it must again consider a placement with a relative, neighbour or other community or extended family member. A child can be removed only if less disruptive alternatives would be inadequate.

At the first court date, the judge decides whether the child can be returned to a parent or an extended family member. For a First Nations, Inuk or Métis child, the court places the child with a member of the extended family if possible unless there is a substantial reason otherwise.

Relatives are not named as parties or automatic notice recipients in the Act unless they have cared for the child continuously during the six months before the hearing. That is why many relatives need to take a step to be heard rather than waiting for notice. Hearings are closed to the public and court records are not public.

What to do next

Act soon, because the case may already be moving. A responding party has thirty days to file an Answer and Plan of Care, and adjournments are limited to no more than 30 days at a time.

• Get the society's decision and reasons in writing.
• Find out the court file number and next court date from the worker or the parents' lawyer.
• Gather information about your home, household, income and your relationship to the child.
• Speak with a family lawyer about adding yourself as a party or offering a custody plan.
• Consider whether the child's wishes and family ties are being heard; the decision-maker considers the child's views and the child's ties to relatives.

Whether to complain, apply to be added or propose custody depends on the facts, including where the case is in court. A lawyer can confirm which route fits.

Frequently asked questions