- The society must decide whether you can provide the child with a safe home environment, and it does this through interviews, a home assessment and record checks.
- You show your connection to the child through the Act's definitions of relative, extended family and member of the child's community.
- Different steps apply if the child already lives with you, if the child is First Nations, Inuk or Métis, or if you live outside the society's area.
If a child has been taken into the care of a children's aid society (CAS), a grandparent, aunt, uncle or close family friend often wants to step in. The society will not simply take your word for it. It has to decide whether you can keep the child safe, and it has a set procedure for doing so.
There is no single certificate that proves kinship. In practice you show two things: how you are connected to the child, and that your home is safe. This article explains what the society looks at in Ontario and how you can be ready.
What the society is deciding
The kin placement rules in O. Reg. 156/18, ss. 38 to 44, apply when a society has found that a child needs protection and cannot be adequately protected with the current caregiver, and a plan to place the child with a relative or a member of the extended family or community is proposed or brought to the society.
The central question is whether you are capable of providing the child with a safe home environment. That is a judgment about your home and the people in it, not only about you.
Showing your connection to the child
The Child, Youth and Family Services Act, 2017 (CYFSA) uses three overlapping ideas. A relative is the child's grandparent, great-uncle, great-aunt, uncle or aunt, including relationships formed through a spousal relationship or adoption. Extended family means people the child is related to, including through a spousal relationship or adoption.
If you are not related, you can still count as a member of the child's community. That includes someone who shares ethnic, cultural or creedal ties with the child, or who has a beneficial and meaningful relationship with the child or a related person, such as a family friend.
Useful ways to show the connection include:
- Birth, marriage or adoption records that link you to the child or to a parent.
- Photos, messages, cards and dates showing how long and how closely you have been involved.
- Names of people, such as teachers, faith leaders or neighbours, who can describe your relationship with the child.
- A simple written timeline of the times you have cared for or spent time with the child.
What the society will do
Before placing a child with kin, the society must identify every person 18 or older living in the home and how they are related to the child, interview the proposed caregiver, meet privately with the child, assess the home including its physical features, and review society records for every adult in the home.
It must also tell you about the police record check and offence declaration requirements and get your consent to disclosure. Within seven days of your consent, it must search the Child Protection Fast Track Information System and ask other jurisdictions for their records. Which offences lead to a refusal is not something to guess at; it depends on each assessment, so ask a lawyer if you have a record.
The society must document its kin evaluation within 30 days of finishing it. Within seven days of learning of the placement it must visit the home and interview you and, privately, the child. Within 30 days it must make a second visit, and a supervisor must review the placement plan.
When the steps are different
| Situation | What changes |
|---|---|
| Child already lives with you | The society must decide within seven days of learning of the placement whether you are providing a safe home environment, then carry out the same checks on every adult in the home. |
| First Nations, Inuk or Métis child | The society must consult the child's bands and communities before the procedures begin, or use best efforts to do so afterward if it cannot. |
| You live outside the society's area | The society may refer the assessment to another Ontario society or ask an out-of-province child welfare authority for help. |
You may also hear the terms kinship service and kinship care. A ministry policy directive uses kinship service for children not in a society's formal care and kinship care for children in its formal care.
What to do next
- Contact the worker handling the file in writing and say clearly that you want to be considered as a caregiver.
- List every adult who lives in your home and how each is connected to the child.
- Gather identification, proof of address and documents showing your relationship to the child.
- Be ready to talk openly about your own history, including any past involvement with a society or the police.
- Keep copies of everything you send and notes of each call or visit.
- Speak with a family lawyer early, especially if the society seems reluctant or the child is already with you.
Frequently asked questions
Do I have to be a blood relative to be considered?
No. A person who is not related can still count as a member of the child's community, for example through shared cultural ties or a meaningful relationship such as a family friend. Being a relative can still matter, so describe your connection fully.
Will the society check my criminal record?
The society must tell you about the police record check and offence declaration requirements and get your consent to disclosure. It also reviews society records for every adult in your home. How a particular record affects the outcome depends on the assessment.
What if the child is already staying with me?
The society must decide within seven days of learning of the placement whether you are providing a safe home environment, and then carry out the same checks on every adult in the home.
Does the society have to place the child with me if I pass?
Passing the assessment does not by itself guarantee a placement. The decision depends on the child's circumstances and what the society or the court decides is appropriate, so a lawyer can explain where you stand.
Sources
- Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (e-Laws) — Ontario e-Laws
- O. Reg. 156/18 (General) under the CYFSA (e-Laws) — Ontario e-Laws
- Ontario.ca – Policy Directive CW 004-06: Kinship Service Standards Directive — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.