How to Prove Kinship to Care for a Relative's Child in Ontario

Kin placement rules apply when a children's aid society (CAS) has found that a child needs protection and cannot be adequately protected with the current caregiver, and a plan is proposed, or the society is told of one, to place the child with a relative or a member of the extended family or community. If you are a grandparent, aunt, uncle or family friend who wants to step in, it helps to understand how the law describes your connection to the child.

There is a legal definition of who counts as kin, and then a separate assessment of whether your home is safe. This article walks through both, and suggests how to get ready.

Who counts as kin under Ontario law

The Child, Youth and Family Services Act, 2017 (CYFSA) defines a relative as the child's grandparent, great-uncle, great-aunt, uncle or aunt. Relationships formed through a spousal relationship or adoption are included.

The Act also uses the wider term extended family, which means people the child is related to, including through a spousal relationship or adoption. For a First Nations, Inuk or Métis child, extended family also includes members of the bands and communities the child belongs to or identifies with.

You do not have to be related at all to be considered. A person who is not related can still be a member of the child's community. That includes someone who shares ethnic, cultural or creedal ties with the child, and someone with a beneficial and meaningful relationship with the child or a related person, such as a family friend.

What the CAS must check before placing a child with you

The kin placement rules apply when a society has found that a child needs protection and cannot be adequately protected with the current caregiver, and a plan is proposed to place the child with a relative or a member of the extended family or community. Before placing the child, the society must decide whether you are capable of providing a safe home environment.

To make that decision, the society must do the following:

• identify every person 18 or older living in the home and how each is related to the child
• interview you as the proposed caregiver
• meet privately with the child
• assess the home, including its physical features
• review society records for every adult in the home

The society 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.

Documents and statements that can help

Which papers matter most depends on your situation, so it is worth confirming with a lawyer what to bring in your case. Generally, the aim is to make your connection easy to see and your home easy to assess. Consider gathering:

• birth, marriage or adoption records that link you to the child, or to a parent who links you to the child
• names, dates of birth and relationships of every adult living in your home
• photos, messages, cards or records of past visits and time spent with the child
• letters or contact details from teachers, doctors, faith leaders or neighbours who have seen your relationship with the child
• a plain description of where the child would sleep, study and play, and who would help with daily care
• details of any past involvement with child protection, if you have it, so you can speak to it openly

If you are a community member rather than a relative, think about how to show either your shared ethnic, cultural or creedal ties with the child, or your beneficial and meaningful relationship with the child or a related person. Be honest in interviews, because every adult in the home is checked.

Situations that change the process

• The 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.
• The child is First Nations, Inuk or Métis. The society must consult the child's bands and communities before the kin-placement procedures begin. If it cannot, it must use best efforts to consult them after the procedures begin.
• 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.

After a placement, the society must visit the home within seven days of learning of it and interview you and, privately, the child. Within 30 days it must make a second visit, and a supervisor must review the placement plan.

What to do next

Contact the society worker handling the file and say clearly that you want to be considered. Ask what they need from you and in what order, and keep notes of every call and visit. Start gathering the documents above now, and talk to every adult in your home so nobody is surprised by the checks.

If the matter is going to court, or you disagree with the society's decision, speak with a family lawyer early. How the assessment applies to your facts, including police record checks, can depend on the society and the details of your case.

Frequently asked questions