Cheryl Milne

The applicants, who were foster parents, sought a review of the children's aid society's decision to refuse their application to adopt a child who had lived with them for 22 months.

The society had removed the child and refused the adoption due to a verified child protection concern regarding unexplained bruising on another foster child in the applicants' care.

The Board found the society's investigation was significantly flawed and concluded the bruising was likely the result of accidental infliction of harm during a game.

Determining that the applicants posed no risk of harm and that the child was strongly attached to them, the Board rescinded the society's decision and ordered the child placed with the applicants for adoption.

The applicant sought a review of the society's decision to refuse her application to adopt three First Nations children who had previously been placed in her care.

The society and the First Nation argued that it was in the children's best interests to remain in a customary care arrangement with a caregiver connected to their extended family and community.

The Board considered the expanded best interests test under the Child, Youth and Family Services Act, 2017, including the children's views and wishes, the importance of preserving their cultural identity, and the need for continuity of care.

The Board confirmed the society's decision, finding that remaining in customary care with their current caregiver was in the children's best interests.