A-MJ v. Dnaagdawenmag Binnoojiiyag Child and Family Services, 2019 CFSRB 10

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

A-MJ Applicant

-and-

Dnaagdawenmag Binnoojiiyag Child and Family Services and Durham Children’s Aid Society Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: March 11, 2019 Citation: 2019 CFSRB 10 Indexed as: A-MJ v Dnaagdawenmag Binnoojiiyag Child and Family Services (CYFSA s.192)

INTRODUCTION

1This is an Application under section 192 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the "Act").

BACKGROUND

2The Applicant wishes to adopt two children who are in the care of the Durham Children’s Aid Society (the "Society"). The Society advised the Applicant that the children will be transferred to Dnaagdawenmag Binnoojiiyag Child and Family Services ("Dnaagdawenmag").

3On February 21, 2019, the Society sent a letter to the Applicant advising her that her request to adopt the children will not be approved because Dnaagdawenmag will not consider non-Indigenous adoptive homes for Indigenous children who have yet to start the adoption process.

4The Applicant filed this Application on March 7, 2019.

NOTICE REQUIREMENTS

5Section 192(2) of the Act requires a society to give at least 10 days written notice of a decision to refuse an application to adopt. When a person receives written notice under section 192(2) they may apply within 10 days to the CFSRB for review of the decision to refuse an application to adopt.

6The decision refusing the adoption was sent by the Durham Children’s Aid Society by letter dated February 21, 2019. It appears that the letter was sent by regular mail. It is the practice of the CFSRB to deem notice of a refusal decision to be received by an applicant on the fifth day after it is mailed. In this case, the applicant would have received the decision on February 26, 2019.

ANALYSIS

7The Applicant filed this Application on March 7, 2019. Based on the deemed notice date of February 26, 2019, the Applicant filed the Application within 10 days of receiving written notice that her adoption application had been refused. Accordingly, this Application is eligible to proceed to the first day of the hearing.

DIRECTIONS

8In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of the hearing for March 18, 2019. A one-hour teleconference will be held on that date at 9 a.m.

9The purpose of the first day of hearing is to:

• identify any preliminary issues;
• provide directions about evidence and witnesses;
• set timelines for document disclosure and submission of witness statements;
• set a date or dates for continuation of the hearing; and,
• deal with any other necessary procedural matters.

10On the teleconference, the CFSRB would like to hear from the parties on two issues:

a. What society/agency made the decision to refuse the Applicant’s adoption application?

b. Is there any issue with respect to the jurisdiction of the CFSRB to hear this Application based on when it was filed with the CFSRB?

11If either of these issues is in dispute, it may be necessary to schedule a preliminary hearing to determine them.

12The CFSRB may issue further directions as required.

CONFIDENTIALITY ORDER

13Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.