The applicants, long-term foster parents of an 11-year-old child with autism and other special needs, requested the child's removal during a crisis but quickly changed their minds.
The respondent Society removed the child and placed him in an agency foster home, arguing that section 61 of the Child and Family Services Act did not apply because the applicants initiated the removal.
The Child and Family Services Review Board found it had jurisdiction, determining that the Society made the ultimate decision to remove the child and failed to provide the mandatory written notice.
On the merits, the Board concluded it was in the child's best interests to be returned to the applicants' care with appropriate supports, emphasizing the child's long-term attachment to the applicants and the Society's failure to adequately explore respite and relief options.