How to Prove Kinship to CAS When Seeking a Child in Ontario

If a children's aid society (CAS) is involved with a child in your family, you may be asked to show how you are connected to that child before the society will consider you as a caregiver. That can feel like being asked to prove something obvious, especially when you are worried and the situation is moving quickly.

This article explains what the Ontario rules actually require the society to check, what kinds of documents commonly help, and how to present your information clearly. It is general information, not legal advice, and every society and every case is a little different.

What "proving kinship" really means

People often say "kin" for relatives and close family connections, but the word is the child welfare sector's term rather than a defined one in the Child, Youth and Family Services Act (CYFSA). The Act instead speaks of a relative, an extended family member, or a member of the child's community.

"Extended family" covers people to whom the child is related, including through a spousal relationship or adoption. "Relative" is narrower: a grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption. So "proving kinship" usually means showing the society where you fit in that picture and that you can provide a safe home.

Exactly how you show your connection can vary from one society and one case to another, so ask your caseworker what they need to see. If you are unsure, it is worth confirming with a lawyer.

What the society must check

When a placement with a relative or community member is planned before the child moves, the society must evaluate the plan to decide 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.

The society also reviews its own records on every adult in the home, advises the caregiver about police record check and offence declaration requirements, obtains consent to disclose information (including from child welfare authorities outside Ontario), and searches the caregiver's name in the Child Protection Fast Track Information System. If someone lived elsewhere, it requests records from other child welfare bodies.

Documents that may help show your connection

Because no official list exists, the documents below are general practice only. Ask the caseworker what your local society prefers, and do not be discouraged if you cannot find everything. Offering what you have, and explaining what is missing, is usually better than waiting.

• Your own government photo identification and that of every adult in your home.
• Birth certificates or records that link you to the child or to the child's parent, such as a sibling's or grandparent's records.
• Marriage, adoption or name-change documents if your connection runs through a spousal relationship or adoption.
• A short family tree in your own words showing how you are related.
• Photos, messages or cards that show a real, ongoing relationship with the child.
• Names and contact details of people who know the family and can speak to your involvement.
• Your address history, since the society may need records from elsewhere if you lived outside Ontario.

Be accurate. Paperwork that does not match what you tell the worker causes delay, and the society will be interviewing you and checking its records in any event.

Timing: what to expect and when

If the placement is planned before the child moves, the child protection worker must document the evaluation within 30 days. After placement, the rules call for a home visit, a caregiver interview and a private child interview within seven days, a second home visit within 30 days, and a review of the placement plan by a society supervisor.

If the child is already living with you when the society learns of it, the society must evaluate the placement within seven days to decide whether you are providing a safe home, using the same kinds of checks, and document the evaluation within 30 days. In an emergency some steps may be skipped, but the society must record the circumstances and reasons.

If there is a court case, the judge at the first court date decides whether the child can be returned to a parent or an extended family member. A court must also consider whether a child can be placed with a relative, neighbour or other member of the community or extended family before ordering the child into society care.

What to do next

• Contact the child's caseworker and say clearly that you want to be considered as a caregiver. Funding discussions also start with the caseworker.
• Gather identity and relationship documents for you and every adult in your home, and keep copies.
• Prepare for interviews and a home visit: the worker will assess the physical home environment.
• Write down dates, names and what was said at each contact with the society.
• If you want formal standing in a court case, ask a lawyer about asking the court to add you as a party, which the Family Law Rules allow for a person who should be a party.
• If you are willing to take custody with the court's approval, ask about a custody order with your consent, which the Act permits where it is in the child's best interests.

If you disagree with how the society has handled your request, you can complain to the society, and the complaint review decision can be reviewed by the Board in some circumstances. A lawyer can explain which route fits your situation.

Frequently asked questions