The applicants, the great-aunt and great-uncle of a 19-month-old child, applied to the Child and Family Services Review Board for a review of the Children's Aid Society's decision to refuse their adoption application.
The child, who has severe sleep apnea, had resided with the same foster family since birth.
The foster family also applied to adopt the child.
The Board applied the best interests of the child test under the Child and Family Services Act, weighing the benefits of kinship care against the child's secure attachment to the foster family, his medical needs, and his ongoing relationship with his biological sister and maternal grandparents.
The Board concluded that removing the child from the foster family would disrupt his continuity of care and potentially cause emotional and physical harm.
The Board confirmed the Society's decision, finding it in the child's best interests to be adopted by the foster family.