Proving You Are a Child's Kin Without Blood Ties in Ontario

You may be a stepparent, godparent or close friend who has been part of a child's life for years, and now the children's aid society (CAS) is involved. You may worry that without a blood relationship you will not be taken seriously as a caregiver.

Ontario's child protection law leaves room for people like you. This article explains how the Child, Youth and Family Services Act (CYFSA) treats non-relatives, how to show the strength of your relationship with the child, and what support may exist. It is general information, not legal advice.

Blood ties are not the legal test

The Act's placement provisions refer to a relative of the child or a member of the child's extended family or community. A family friend, godparent or stepparent is considered as a member of the child's community or extended family, including through spousal relationships, rather than as a "relative".

"Extended family" includes persons to whom the child is related through a spousal relationship or adoption. That is why a stepparent can fit even without a biological link. "Relative" is a narrower term covering a grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption.

Your home can be a place of safety for the child if the society has assessed it and is satisfied you are willing and able to provide a safe home environment. Before ordering a child into society care, the court must consider placement with a relative, neighbour or other member of the child's community or extended family.

Showing a meaningful relationship

When a child's relationships and emotional ties to relatives and other extended family members are weighed, the decision-maker also considers the child's own views and wishes, according to age and maturity. Which documents a society accepts to show your relationship can vary, so it is worth confirming with your local society or a lawyer. The following is general practice, so check what your local society wants.

• A simple timeline: when you met the child, how often you have seen the child, and any periods when you cared for the child.
• Photos, cards, messages and social media posts showing a long-standing bond.
• Records of practical involvement, such as school pickups, medical appointments, birthdays or religious events.
• For a stepparent: a marriage certificate or other document showing your spousal relationship with the child's parent.
• For a godparent: baptism or naming records, or a letter from the officiant or community.
• Letters or contact details of teachers, neighbours, coaches or relatives who have seen you with the child.
• Information about who lives in your home and your address history.

Keep your materials factual and brief. A worker will learn more from a clear history and consistent answers than from a large pile of papers.

What the society will examine

The same safety evaluation applies whether or not you are related by blood. The society must establish the identity of everyone aged 18 or older in the home, interview you, interview the child privately and assess the home environment. It also reviews its records, advises about police record check and offence declaration requirements, obtains consents for disclosure, and searches the Child Protection Fast Track Information System.

If the child is already living with you, the society must evaluate the placement within seven days and document its evaluation within 30 days. For a planned placement, the evaluation must be documented within 30 days, followed by home visits and a private interview with the child.

Policy standards also say investigators should identify extended family, relatives and community members who might play a role in keeping the child safe, and that workers should involve family, extended family and community in safety plans whenever possible and consistent with the child's safety. Mention yourself and the role you can play.

Money and support

What help is available depends on whether the child is in society care. The table gives a simplified comparison.

For Temporary Care Assistance, the caregiver must have no legal duty to support the child and must not be paid for the care under the CYFSA. The monthly rates are $274 for the first child and $224 for each additional child. A child placed with kin but not in CAS care may be eligible if the criteria are met.

You may also be able to receive the Canada Child Benefit if you live with and care for a child under 18 and are primarily responsible for their care, including under a kinship or close relationship program, provided the Children's Special Allowance is not payable for that child. To be approved for kinship service funding, you must be approved by the society, and you apply by discussing it with the caseworker. Confirm current amounts before relying on them.

What to do next

• Tell the caseworker right away that you are willing to care for the child and describe your relationship.
• Collect the evidence in the checklist above and keep copies.
• Be open about everyone in your home and your history; the society will check.
• Ask the caseworker about kinship service approval and funding.
• Speak with a lawyer about asking the court to add you as a party or about a custody order with your consent.
• If you are unhappy with a society decision, ask about the complaint process.

Frequently asked questions