How to Prove Kinship to a Children's Aid Society in Ontario

You may be a grandparent, aunt, uncle, older sibling or close family friend who wants a child placed with you. When a Children's Aid Society (CAS) asks you to prove your relationship, it can feel like you are being asked to prove something everyone already knows.

This article explains how kinship care generally fits into the child protection system and what you can do to be ready. Rules about exactly which documents a society will accept are not fixed in one place, so use this as a guide and confirm details with the worker and a lawyer.

What kinship means in practice

In everyday speech, kin means family, but many children are close to people who are not related by blood or marriage. The province refers to relatives, extended family or community members who care for a child in need of protection. That wording matters because it recognizes that care can come from outside the immediate family.

Because the relationship can take many forms, there is no one standard document that proves it. A lawyer can tell you how that is likely to apply to your situation.

The assessment you should expect

Societies must use either the SAFE or HEART homestudy to assess caregivers, and the directive says this is inclusive of kinship care. SAFE is paired with PRIDE pre-service training. HEART, which is for Indigenous children and youth, is paired with SPIRIT. The tools are used in their entirety. The policy directive, CW 003-20, took effect July 7, 2020.

The directive does not mean that proving kinship alone is enough. Being assessed as a caregiver is a separate step from showing your connection to the child. How long a homestudy takes and what checks are involved can vary, so ask the worker directly.

Evidence people commonly gather

What a society asks for can vary, so treat these as practical ideas rather than requirements. Ask the worker, ideally by email, what they want to see.

• Birth certificates or other records showing family links, if you have them
• Photos, cards or messages showing a long-standing relationship with the child
• Letters from teachers, daycare staff, faith leaders or neighbours who have seen you care for the child
• A short written history of the time you have spent with the child
• For cultural or community kin, a statement from an Elder, band or community representative about the relationship
• Proof of your address and who lives in your home

Keep copies of everything you hand over and note the date and who received it. If the society says a document does not count, ask what it would accept instead.

Informal and cultural kin, and Indigenous children

Family friends, godparents and chosen family are often central in a child's life. Since the province refers to community members as well as relatives, explain clearly how long and how closely you have been involved.

For First Nations, Inuk or Métis children, customary care is the care and supervision of the child by a person who is not the parent. Societies must make all reasonable efforts to pursue a customary care plan. The caregiver needs a band or community declaration, a customary care agreement and a home meeting foster care licensing standards. Early in a court case, the judge also determines any First Nations, Métis or Inuit bands and communities connected to the child. Contact the relevant band or community early.

Approval, funding and what happens in court

Relatives, extended family or community members caring for a child in need of protection who is not in a society's care may get kinship service funding, with start-up and episodic components. They must be approved by the society to offer kinship service.

For customary care, one-time funding is up to $6,000 per child plus an ongoing subsidy at foster care per diem rates. Funding amounts can change, so confirm current figures with the society.

If a child protection case is in court, a judge decides who cares for the child at the first court date if the child was taken to a place of safety. Interim society care usually lasts three to twelve months, and the judge decides who has care and custody and the parent's access. If you want to take part in the case or put forward a plan, speak to a lawyer promptly, because deadlines run quickly. A missed hearing may proceed without you.

What to do next

• Tell the worker in writing that you want to be considered as a caregiver
• Ask what the society needs from you and by when
• Collect documents and witness letters and keep copies
• Ask whether the society will approve you to offer kinship service so funding may be available
• If the child is First Nations, Inuk or Métis, contact the band or community about a declaration
• Get legal advice before any court date

Frequently asked questions