Can Grandparents Get a Child Out of CAS Care in Ontario?

If your grandchild has been taken into care or is at risk of it, you probably want to know whether the child can come to live with you. The answer depends on the child's safety, your home and what the court decides is in the child's best interests.

This article explains how to raise your wish for placement, what role you may have in court, and the custody options the law allows.

Asking for placement with you

Start by telling the society worker, as early as you can, that you want to be considered. If the child needs protection and cannot be adequately protected with the current caregiver, the society must decide whether you can give the child a safe home environment before a kin placement.

The court also has duties. When it adjourns a hearing, it can place the child with another person who consents, under society supervision. Before placing a child in society care on a temporary basis, it must consider whether placing the child with a relative or a member of the extended family or community is in the child's best interests. Before ordering removal at the end of a case, it must consider placing the child, with consent, with a relative, neighbour or other community member under a supervision order.

Your role in the court case

The parties to a child protection proceeding are the applicant, the society with 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.

A grandparent is not automatically a party. Whether a grandparent counts as a parent for these purposes can vary, and a lawyer can confirm how it applies to you.

There is an important exception for caregivers. Anyone who cared for the child continuously, including a foster parent, during the six months immediately before the hearing gets the same notice as a party and may attend, have a lawyer and make submissions. Taking any further part requires the court's leave.

Hearings are held without the public present unless the court orders otherwise. A child aged 12 or older is entitled to notice and to attend, unless the court is satisfied that being present would cause the child emotional harm.

Custody and other court options

The court decides using the child's best interests. Factors include the child's views and wishes, given due weight according to age and maturity, the child's needs, relationships with family and community, continuity of care and the risk of harm from removal. For a First Nations, Inuk or Métis child, the court must place the child with extended family if possible, unless there is a substantial reason to place the child elsewhere.

Timing and later changes

Child protection cases move on a tight timetable. From the start of the case, the maximum times include 30 days for answers and plans of care, 35 days for the temporary care and custody hearing, 80 days for a settlement conference and 120 days for the hearing. The court may lengthen a time only if the child's best interests require it, and the parties cannot lengthen it by consent. A party must serve and file its plan of care or supervision at least seven days before a conference.

Because of these deadlines, waiting can cost you the chance to be heard. If a final order is already made, a status review may still be possible. It can be started by, among others, the person a child was placed with under a supervision order, or a person granted custody.

What to do next

• Tell the worker in writing that you want the child placed with you.
• Prepare for the home assessment and the record checks on every adult in your home.
• Find out the next court date and whether you have been served with notice.
• Write down how long you have cared for the child, if you have, and keep dates.
• Speak with a family lawyer promptly about whether to ask for leave to take part or to put forward your own plan of care.

Financial help may be possible. Temporary Care Assistance is available in some kinship situations if the criteria are met, but not where you are paid for caring for the child under the CYFSA.

Frequently asked questions