- The CYFSA defines relative, extended family and member of the child's community separately, and each has its own reach.
- A family friend with no blood tie can still count as part of the child's community.
- Before placing a child in society care on a temporary basis, a court must consider placing the child with a relative or member of the extended family or community.
When a child is involved with a children's aid society (CAS), families often ask who is allowed to help. A grandparent, an aunt, a neighbour or a longtime family friend may all want to be involved, and the words the society uses, such as kin, relative and extended family, can be confusing.
In Ontario these terms come from the Child, Youth and Family Services Act, 2017 (CYFSA). This article explains who the Act includes and why the difference matters. Everyone's situation is different, so a lawyer can confirm how the definitions apply to you.
Who is a relative
The CYFSA's definition of relative is narrow and specific. A relative is the child's grandparent, great-uncle, great-aunt, uncle or aunt, including those relationships formed through a spousal relationship or adoption.
So the wording covers grandparents, great-uncles, great-aunts, uncles and aunts, whether the relationship comes about by birth, through a spousal relationship or through adoption. It does not list every family member by name. Siblings and cousins, for example, are not on that list, though other parts of the Act can still bring them in.
Who is extended family
Extended family is broader. It means people the child is related to, including through a spousal relationship or adoption. For a First Nations, Inuk or Métis child, it also includes members of the bands and communities the child belongs to or identifies with.
Who is a member of the child's community
A person who is not related to the child can still count as a member of the child's community. That includes someone who shares ethnic, cultural or creedal ties with the child, and someone with a beneficial and meaningful relationship with the child or a related person, such as a family friend.
In plain terms, a coach, a neighbour, a faith community member or a close friend of the parents might qualify if the relationship is genuinely meaningful. The Act's test is a beneficial and meaningful relationship with the child or a related person, or shared ethnic, cultural or creedal ties. How that applies depends on your situation, so it is worth confirming with a lawyer.
Why the label matters
The terms are used at several points in a child protection case. They are not just labels.
| Stage | How the terms appear |
|---|---|
| Placing a child with kin | The society's kin placement procedures apply when it has found that a child needs protection and cannot be adequately protected with the current caregiver, and it proposes, or is told of, a plan to place the child with a relative or a member of the extended family or community. |
| Temporary orders | Before placing a child in society care on a temporary basis, the court must consider whether it is in the child's best interests to place the child with a relative or a member of the extended family or community. |
| Final orders | Before ordering removal, the court must consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order. |
| First Nations, Inuk or Métis children | Unless there is a substantial reason to place the child elsewhere, the court must place the child with extended family if possible, and if not, with another family from the child's community. |
Being a relative is not the same as being a party
Qualifying as kin does not automatically make you a party to the court case. The parties are the applicant, the society and the child's parent, and for a First Nations, Inuk or Métis child a representative chosen by each of the child's bands and communities.
There is a path for caregivers, though. Anyone who cared for the child continuously, including a foster parent, during the six months immediately before the hearing 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. Whether a particular grandparent counts as a parent for the case depends on the facts, so ask a lawyer.
What to do next
- Work out which description fits you: relative, extended family or community member.
- Collect records and examples that show your connection to the child.
- Tell the society worker in writing that you want to be considered and how you are connected.
- Keep a record of your contact with the child, including dates.
- Get legal advice if you are unsure whether you can take part in court or be considered as a placement.
Frequently asked questions
Is a family friend considered kin?
A family friend who has a beneficial and meaningful relationship with the child or a related person can count as a member of the child's community. That is a separate category from relative.
Is a cousin or an older sibling a relative under the Act?
The definition of relative lists grandparents, great-uncles, great-aunts, uncles and aunts. A cousin or sibling may still fall within extended family, which covers people the child is related to. A lawyer can confirm how it applies in your case.
Does being kin give me the right to custody?
No. Before placing a child in society care on a temporary basis, the court must consider placing the child with a relative or a member of the extended family or community. Before ordering removal, it must also consider placing the child, with consent, with a relative, neighbour or other member of the child's community under a supervision order. Custody still depends on the court's decision and on what serves the child's best interests.
Do different rules apply to First Nations, Inuk or Métis children?
Yes. Extended family includes members of the bands and communities the child belongs to or identifies with. The court must also place the child with extended family if possible, unless there is a substantial reason not to.
Sources
- Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (e-Laws) — Ontario e-Laws
- O. Reg. 156/18 (General) under the CYFSA (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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