Can a Relative With a Criminal Record Be Approved by CAS in Ontario?

You are an aunt, uncle, grandparent or other relative, and a child you love may not be able to stay with their parents. You want to step in, but you have a past conviction, or an old Children's Aid Society file, and you worry it will end the conversation before it starts.

There is no simple answer that fits every family. This article explains how societies generally assess a relative, what the official process looks like, and practical ways to prepare. It does not predict how any one record will be treated, because that depends on the facts and is worth discussing with a lawyer.

How a record fits into the question

How a record is treated depends on your situation, so it is worth confirming with a lawyer.

How a society assesses a relative caregiver

Societies must use either the SAFE or the HEART homestudy to assess caregivers, and the requirement is described as inclusive of kinship care. Policy directive CW 003-20 took effect on July 7, 2020.

The training and homestudy are meant to be used in their entirety. In plain words, expect a structured assessment of you and your home, not a quick phone call. How long it takes and what documents are requested can vary, so ask the worker for the steps in writing.

Approval, funding and the different kinds of kinship arrangement

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

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 that meets foster care licensing standards. One-time funding is up to $6,000 per child, plus an ongoing subsidy at foster care per diem rates.

Funding amounts have changed over time, so confirm the current figures with the society before you plan around them.

If the case is in court

A society starts a child protection court case by serving and filing a Form 8B Application. If the child was taken to a place of safety, the society must go to court within five days after starting the case, and the judge makes a temporary order about who cares for the child at that first court date.

Later, the society must prove on the balance of probabilities that the child is in need of protection and that the order it seeks serves the child's best interests. If the child is not found to be in need of protection, the case ends and the child returns to the person who had care before.

• Interim society care usually lasts three to twelve months, and the judge decides who has care and custody and what access the parent has.
• Extended society care, also called Crown wardship, lasts until a judge changes the order, the child is adopted or the child turns 18.
• Child protection hearings are closed to the public, and parents may not share court documents or post about the case online.

Whether and how a relative can take part in a particular case depends on the facts and the stage of the case. Speak to a lawyer early, because a missed hearing may proceed without a parent.

What to do next

You cannot change your history, but you can control how clearly and honestly it is presented. The steps below are general and are not a guarantee of any result.

• Tell the worker about your record or old file yourself, rather than hoping it will not come up.
• Gather what you can: court documents, proof of completed sentences or programs, and any letters showing steps you have taken since.
• Write down the facts in your own words: what happened, when, and what has changed.
• Line up people who know you and can speak to your care of children, such as family, employers or community members.
• Ask the society for the next steps, the name of your worker and what approval would mean for you, in writing if possible.
• Cooperate with the homestudy and training, and ask what you can do if a concern is raised.
• If a court date is set, note it and ask a lawyer how it affects you. A parent who wants to oppose the society's application is directed to Legal Aid Ontario's advice and duty counsel at the courthouse for the first court date.

Frequently asked questions