MD v. Kunuwanimano Child and Family Services, 2019 CFSRB 46

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MD

Applicant

-and-

Kunuwanimano Child and Family Services

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: August 22, 2019 Citation: 2019 CFSRB 46 Indexed As: MD v Kunuwanimano Child and Family Services (CYFSA s. 109)

INTRODUCTION

1This is an Application under section 109(8) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the "Act") concerning the proposed removal of two children from the Applicant's foster home.

BACKGROUND

2The children that are the subject of this Application have been in the Applicant's foster care since June 14, 2016.

3By letters August 15, 2019, Kunuwanimano Child and Family Services ("Kunuwanimano") advised the Applicant that it intended to remove both children from her foster home no later than September 16, 2019. Kunuwanimano further advised the Applicant that it intended to repatriate both children.

4The Applicant filed this Application against Kunuwanimano on August 16, 2019.

ANALYSIS

5Section 109(7) of the Act requires a society to give at least 10 days written notice of a decision to remove a child in extended society care from a foster home when that child has lived continuously with a foster parent for two years. When a person receives written notice under section 109(7), they may apply to the Child and Family Services Review Board ("CFSRB") for review of the decision to remove the child within 10 days after receiving the written notice.

6The children have been in the continuous care of the Applicant for more than two years and the Application was filed within 10 days of receiving written notice from Kunuwanimano of the proposed removal. However, it is not clear from the information provided whether the children are in extended society care.

DIRECTIONS

7The CFSRB has set the first day of hearing for August 29, 2019. A one-hour teleconference will be held on that date at 1:00 p.m.

8The purpose of the first day of hearing is to:

• Determine whether there is an issue concerning the children's status at the time of the proposed removal, namely whether they are in extended society care. If there is an issue concerning the children's status, the CFSRB will determine the appropriate process for determining that issue.
• Determine whether this Application should be joined with another Application filed with the CFSRB involving the proposed removal by Kunuwanimano of a child who is the sibling of the children in this Application;
• If the Application is eligible to proceed to a hearing on the merits, the CFSRB will:
  • 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.

9The CFSRB expects that subsequent day(s) of hearing will be no later than three to four weeks after the first day of hearing given the importance of resolving disputes about foster care removals as soon as possible.

10The CFSRB may issue further directions as required.

CONFIDENTIALITY ORDER

11Pursuant 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.