Can Grandparents Get Notice of a CAS Court Case in Ontario?

Hearing that a grandchild is involved in a children's aid society court case is frightening, and many grandparents assume they will automatically be told what is happening. The law is more limited than most people expect, and the answer depends on your relationship to the child and who has been looking after them.

This article explains who the Child, Youth and Family Services Act gives notice to, where grandparents and other relatives fit, and what you can do if you were not told. It is general information, not advice on your own situation.

Who the Act treats as a party

In a child protection proceeding, the parties 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 named in that list as parties or as automatic notice recipients, unless they fit the separate caregiver provision described below.

When a grandparent is entitled to notice

A person, including a foster parent, who has cared for the child continuously during the six months before the hearing is entitled to the same notice of the proceeding as a party. The test is about who has actually been caring for the child, not about the family label.

So a grandparent who has been the child's day-to-day caregiver for that period may be entitled to notice. A grandparent who sees the child often, or who has helped out, but has not been the continuous caregiver generally would not be.

Even a person who is entitled to notice can be left out in urgent cases. If the court finds that the time needed to give notice might endanger a child's health or safety, it may dispense with notice to a person.

Why a grandparent may still hear from the society

Not being a party does not mean the society will ignore you. The Act asks the court to look at family options before a child is removed. Before making a temporary order for society care and custody, the court must consider whether the child can instead be placed with a relative or a member of the child's extended family or community. Before an order removing a child to 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.

The Ontario Child Protection Standards also say investigators should identify extended family, relatives and community members who might play a role in keeping the child safe.

At the first court date after a child is taken to a place of safety, the judge decides whether the child can be returned to a parent or an extended family member. That is one reason it matters to let the society know early if you are willing and able to care for your grandchild.

• "Relative" in the Act is narrow: a grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption.
• "Extended family" is broader and covers persons to whom the child is related, including through a spousal relationship or adoption.
• A family friend, godparent or stepparent is considered as part of the child's community or extended family rather than as a "relative".

Why it can be hard to find out what is happening

Child protection cases are heard at the Ontario Court of Justice and the Superior Court of Justice (Family Court). Hearings are closed to the public unless the court orders otherwise, and court records are not available to the public. A grandparent who is not a party therefore cannot simply walk into court or request the file.

Timing also moves quickly. When a child has been taken to a place of safety, the society must go to court within five days after starting the court case. A responding party must serve and file an Answer and Plan of Care within thirty days of receiving the society's application. Families often learn about a case after the first steps have already happened.

What you can do if you were not given notice

If you want a formal role, the Family Law Rules let the court order that any person who should be a party be added as a party, and give directions for service on that person. A separate article in this library explains how that works.

You can also speak with the child's caseworker. Tell them who you are, how you are connected to the child and whether you could provide a home. For a home to be used as a place of safety, the society must assess it and be satisfied that the person is willing and able to provide a safe home environment. If you are unhappy with how the society handled something you sought from it, a person may complain to a society about a service sought or received.

What to do next

• Write down what you know: the child's name, dates, the society involved and the caseworker's name.
• Note how long, and how continuously, the child has lived with you, if at all, since that may matter to notice.
• Contact the caseworker and say clearly whether you can offer a home or support.
• Keep copies of messages, letters and anything you are given.
• Speak to a family lawyer soon if you want to be added as a party, because deadlines in these cases are short.

Frequently asked questions