In-Care vs Out-of-Care Kinship Ontario: What Relatives Need to Know

Two Completely Different Systems

Ontario has two parallel pathways for relatives raising someone else's child, and confusing them is one of the most common mistakes kinship caregivers make. The distinction between in-care and out-of-care kinship determines which laws apply, which agency is involved, what financial supports are available, and how much autonomy you have as a caregiver.

In-care kinship means the child is legally in the care of a Children's Aid Society under the Child, Youth and Family Services Act (CYFSA). The CAS placed the child with you, the CAS maintains a service plan, and the CAS provides foster-rate per diems. You are a kinship foster caregiver within the child protection system.

Out-of-care kinship means the child is living with you through a private arrangement — either informally or under a court order you obtained through the Children's Law Reform Act (CLRA). There is no CAS involvement in your day-to-day care. You may have a decision-making responsibility order from the court, or you may have no legal order at all.

Why the Distinction Matters

The practical consequences are significant:

Funding. In-care kinship caregivers receive CAS per diems that are equivalent to foster care rates — substantially more than what out-of-care relatives can access. Out-of-care caregivers can apply for Temporary Care Assistance through Ontario Works (approximately $274 per month per child) and the Canada Child Benefit, but these amounts are much lower.

CAS oversight. In-care placements come with CAS supervision — regular home visits, service plan reviews, and the society's ongoing involvement in decisions about the child. Some relatives welcome this support. Others find it intrusive, especially when the CAS's child protection mandate creates tensions with the family's wishes.

Decision-making authority. An in-care kinship caregiver makes day-to-day decisions, but major decisions about the child's life — education, medical treatment, religious upbringing — remain with the CAS or require CAS approval. An out-of-care relative with a CLRA decision-making responsibility order has full parental authority over these decisions.

Permanence. In-care placements can be changed or terminated by the CAS. A CLRA court order can only be varied by a judge upon a showing of material change in circumstances. For relatives seeking long-term stability, the private court order provides more security.

When Each Path Applies

The CAS path applies when a Children's Aid Society is actively involved — the child was apprehended, is the subject of a protection application, or has been placed with you by the society. If a CAS protection case is active, you generally cannot run a parallel private CLRA application. The CYFSA proceeding takes precedence, and your role is defined within that framework.

If you want to become the child's permanent caregiver outside CAS involvement, you may eventually be able to apply for a CLRA order — but typically only after the CAS file is closed or the society supports the transition. Your CAS worker can explain the timeline.

The private court path applies when there is no CAS involvement, or when CAS involvement has ended. You file your own application under section 21 of the CLRA, go through the court process (Form 8, Form 35.1, police check, case conferences), and obtain an order directly from the court. The CAS is not a party to the case unless they have an active file on the child.

The Grey Area: Informal Arrangements

Many relatives fall into a third category that is not really a category at all — an informal arrangement with no court order and no CAS involvement. A grandparent steps in because a parent cannot cope, the child moves in, and life continues without any legal paperwork.

This works until it does not. Without a court order, you cannot enroll the child in school over a parent's objection, consent to medical treatment, apply for a passport, or prevent a parent from showing up and taking the child. An informal arrangement provides no enforceable legal authority.

Moving from an informal arrangement to a CLRA court order is the out-of-care kinship path. The court process takes time — typically several months for an uncontested case, longer if a parent objects — but the result is enforceable legal authority that institutions will recognize.

Financial Supports for Out-of-Care Relatives

If you are on the out-of-care path, the main financial supports available are:

• Temporary Care Assistance (TCA) through Ontario Works: approximately $274/month per child, based on the child's financial need (not your household income)
• Canada Child Benefit (CCB): transferred to you once you apply through the CRA with proof of primary caregiving
• Ontario Child Benefit (OCB): paid alongside the CCB
• Child support: you can seek a support order against the child's parents as part of your CLRA application

These supports do not require a court order to apply for — though having one makes the process smoother, especially for the CCB transfer.

For a step-by-step guide to the out-of-care kinship court process in Ontario — from gathering your police record check through to presenting your order to schools and agencies — the Ontario Decision-Making Order toolkit covers each stage with the forms and deadlines you need.

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