Who Counts as Family or Kin Under Ontario Child Protection Law

If a children's aid society is involved with a child you care about, you may be asking whether you count as "family" in the eyes of the law. The answer depends on the words the Child, Youth and Family Services Act (CYFSA) actually uses, and those words are more specific than everyday language.

This article explains how the Act groups relatives, extended family and community members, why those groupings matter for placement and court, and what being kin does and does not give you. It is general information, not legal advice.

"Kin" is a sector word, not a legal definition

The word "kin" is not a defined term in the CYFSA. The Act's placement provisions refer to "a relative of the child or a member of the child's extended family or community". Child welfare policy documents do use kinship language, and they distinguish kinship service, for children not in a society's formal care, from kinship care, for children in formal care.

In practice, then, when someone asks whether you are "kin", the legal question is usually whether you are a relative, an extended family member or a community member under the Act.

Relative, extended family and community compared

This means an aunt or grandparent fits the "relative" definition. A cousin is a person to whom the child is related, so may fall under the broader "extended family" heading, and a close family friend may be considered as a member of the child's community or extended family. Whether a particular person qualifies can depend on the facts, so confirm with a lawyer if you are unsure.

Why the label matters

The groupings matter at several steps. A person's home can be a "place of safety" for a child if the person is a relative or a member of the child's extended family or community and the society has assessed the home and is satisfied the person is willing and able to provide a safe home environment.

At the interim stage, before making a temporary order for society care and custody, the court must consider whether the child can instead be placed with a relative or a member of the child's extended family or community. Before any order removing a child to society care, the court must consider whether the child can be placed with a relative, neighbour or other member of the child's community or extended family, and it can only remove a child if less disruptive alternatives would be inadequate.

Behind this sits the Act's purpose of promoting the child's best interests, protection and well-being, including using the least disruptive course of action that is available and appropriate. When a decision is made in a child's best interests, the child's relationships and emotional ties to a parent, sibling, relative or other extended family member are considered, along with the child's views and wishes, weighted by age and maturity.

First Nations, Inuit and Métis children

Additional rules apply to First Nations, Inuk or Métis children. Unless there is a substantial reason otherwise, the court places the child with a member of the child's extended family if possible, and the society must make reasonable efforts to pursue a plan for customary care. A representative chosen by each of the child's bands and communities is also a party to the proceeding.

If you are connected to an Indigenous child through a band or community, say so early, because the definition of extended family includes members of the child's bands and communities.

Being kin is not the same as being a party

The parties to a child protection case are the applicant, the society and the child's parent, plus band or community representatives for First Nations, Inuk or Métis children. Grandparents and other relatives are not named as parties or automatic notice recipients unless they fit the provision for a person who has cared for the child continuously during the six months before the hearing.

A relative who wants to take part can ask the court to add them. The Family Law Rules let the court order that any person who should be a party be added. A relative who consents can also ask for custody; the Act lets a court grant custody of a child in need of protection to one or more persons with their consent if it is in the child's best interests.

Child protection hearings are closed to the public unless the court orders otherwise, and the court records are not public.

What to do next

• Write down exactly how you are connected to the child, for example grandparent, aunt, stepparent or close friend.
• Tell the caseworker promptly that you are willing to be considered, since workers are expected to identify extended family, relatives and community members who might help keep the child safe.
• Be ready for a home assessment, interviews and record checks.
• Keep copies of any papers you receive, including notices and court documents.
• Speak with a lawyer if you want to join the court case or seek custody.

Frequently asked questions