Can Grandparents Become a Party to a CAS Court Case in Ontario?

When a children's aid society brings a child protection case, the people with legal standing are limited. A grandparent or other relative who wants a real voice, rather than just being consulted by a worker, may need to ask the court for it.

This article explains what being a party means, how a relative can ask to be added, the other routes to a court-ordered placement, and how the plan of care and the society's home evaluation fit in. It is general information and not a substitute for advice on your own case.

What it means to be a party

The parties to a child protection proceeding are the applicant, the society having jurisdiction and the child's parent. For a First Nations, Inuk or Métis child, a representative chosen by each of the child's bands and communities is also a party. Grandparents and other relatives are not listed unless they fit the provision for a person who has cared for the child continuously during the six months before the hearing, who is entitled to the same notice as a party.

Being a party generally means you can take part in the case rather than only be told about it. Because the case is closed to the public and the records are not public, a non-party has few ways to see what is going on.

Asking the court to add you

Rule 7(5) of the Family Law Rules lets the court order that any person who should be a party be added as a party, and give directions for service on that person. This is the rule route for a relative who asks to be added. The rules restrict adding the child who is the subject of the case unless the court orders otherwise.

Whether a court will agree depends on the facts, such as your relationship with the child, whether you have been caring for the child and what you are proposing. A lawyer can help you decide how to present that request and what to file.

• Explain your relationship. A grandparent is a "relative" under the Act.
• Describe any care you have already given and for how long.
• Say what you are asking for, such as a placement, custody or a role in planning.
• Be ready for the society to evaluate your home.

Other ways a relative can be involved

Party status is not the only route. The court must consider relatives before removing a child to society care. Before a temporary order for society care and custody, it must consider whether the child can be placed with a relative or a member of the child's extended family or community. Before an order removing a child, it must consider placement with a relative, neighbour or other member of the child's community or extended family, and it may remove the child only if less disruptive alternatives would be inadequate.

For a First Nations, Inuk or Métis child, the court places the child with a member of the child's extended family if possible, unless there is a substantial reason otherwise.

The plan of care and the society's evaluation

Before a court makes an order under sections 101, 102, 114 or 116, it must obtain and consider a written plan for the child's care prepared by the society. The plan must address services, the criteria for ending society involvement and the estimated time needed. A responding party must serve and file an Answer and Plan of Care within thirty days of receiving the society's application.

If a placement with you is proposed, the society has to assess it. When a placement is planned before the child moves, the society evaluates whether you can provide a safe home. It must establish the identity of every person aged 18 or older living in the home, interview the proposed primary caregiver, interview the child privately and assess the home environment, including its physical aspects.

It also reviews its own records on each adult in the home, advises you about police record check and offence declaration requirements, obtains consent to disclose information, and searches your name in the Child Protection Fast Track Information System. If the child is already living with you when the society learns of it, it must evaluate the placement within seven days.

The regulation does not list a specific document to prove you are related; how kinship is shown is left to the society's evaluation. Ask your local society what it wants to see.

What to do next

• Contact the child's caseworker promptly and say you want to be considered as a caregiver or involved relative.
• Prepare for home checks: everyone aged 18 or older in your home will be identified and checked.
• Gather documents showing your relationship and your household, and ask the society which it accepts.
• Find out the next court date, because timelines are short.
• Speak to a family lawyer about a motion to be added as a party or about a custody order, and ask about funding you may be eligible for.

Frequently asked questions