Who Can Take Part in a CAS Court Case in Ontario?

If a children's aid society (CAS) has gone to court about a child in your family, you may wonder where you fit in. Parents are the obvious participants, but grandparents, aunts, uncles and foster parents often care for the child and want to know whether they can be in the room.

In Ontario, the Child, Youth and Family Services Act, 2017 (CYFSA) gives different people different levels of involvement. This article explains who is a party, who gets notice and a limited voice, how older children fit in, and what options exist later on.

Who are the parties?

Being a "party" means having a full role in the case. In a child protection proceeding, the parties are the applicant, the society with jurisdiction and the child's parent. For a First Nations, Inuk or Métis child, a representative chosen by each of the child's bands and communities is also a party.

Whether a grandparent or another relative counts as a "parent" under the CYFSA depends on how the Act defines that word and on the particular situation. Because this varies, it is worth getting advice about your own circumstances before assuming you are, or are not, a party.

Grandparents, foster parents and other caregivers

Someone who is not a party may still have a recognized role. Anyone who cared for the child continuously during the six months immediately before the hearing, including a foster parent, gets the same notice as a party and may attend, have a lawyer and make submissions.

Taking any further part requires the court's leave, which means permission. The six-month period is measured back from the hearing, so the timing of when care began and ended matters.

• Continuous care in the six months before the hearing is the key test.
• Foster parents are specifically included in that group.
• Going beyond notice, attending, having a lawyer and making submissions needs the court's leave.

Children aged 12 and older

A child who is 12 or older is entitled to notice of the hearing and to attend, unless the court is satisfied that being present would cause the child emotional harm. Whether a younger child attends is not something this rule gives them a right to.

Hearings are held without the public present unless the court orders otherwise. In deciding, the court considers the parties' wishes and interests and whether a public hearing would cause emotional harm to a child.

After the final order: status reviews and custody

A final order is not always the end. A status review of a final order may be started, on notice to the society, by the child (if at least 12), a parent, the person the child was placed with under a supervision order, a person granted custody, a foster parent who has cared for the child for at least two years, or a band or community representative for a First Nations, Inuk or Métis child. A parent needs the court's leave in some cases.

Custody is another possible outcome. Instead of a section 101 order, the court may grant custody to one or more persons, such as a grandparent, if that better serves the child's best interests, and the person must consent. Foster parents are treated differently: a custody order under that section cannot be made in a foster parent's favour, but on a status review the court may grant custody to a person, including a foster parent, with that person's consent.

What to do next

Court timelines in these cases are tight, so acting early helps. For example, the Family Law Rules set maximum times such as 35 days for a temporary care and custody hearing and 120 days for the hearing, measured from the start of the case.

• Write down the dates you cared for the child, to show whether you meet the six-month test.
• Keep any court papers and notices you receive.
• Ask the society or court who has been named as a party.
• Speak with a family lawyer about whether you should seek leave or put forward a plan of care.
• If the child is 12 or older, talk with them about whether they want to attend.

Frequently asked questions