CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
PG
Applicant
-and-
Catholic Children’s Aid Society of Hamilton
Respondent
DECISION
Adjudicators: Gabrielle Pop-Lazic Catherine Bickley Daniel McSweeney
Indexed As: PG v Catholic Children’s Aid Society of Hamilton (CYFSA s.192)
APPEARANCES
PG, Applicant
Self-represented
Catholic Children’s Aid Society of Hamilton, Respondent
Mona Anis, Counsel
Introduction
1This is an Application filed on February 5, 2020 under section 192 (3) of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
2The Applicant, PG has sought a review of the decision of the Catholic Children’s Aid Society of Hamilton (“the Society”) refusing his application to adopt his niece (“the Child”). The decision was confirmed in writing in a letter sent to the Applicant on January 29, 2020.
3The Society based its refusal on a review of the Applicant’s Structured Analysis Family Evaluation Home Study (SAFE) Home Study Report (the “Assessment”) and case notes; case notes from the Parent Resources for Information, Development and Education (PRIDE) Trainer; documents provided by the Applicant; the Applicant’s references; and results of police and child welfare checks. The Society identified several reasons for refusing the adoption application as outlined below.
4A hearing was held in Hamilton, Ontario on March 10, 11, 12, 2020.
5The Child and Family Services Review Board (the “CFSRB”) finds the action that is in the best interests of the Child is to confirm the Society’s decision to refuse the adoption application.
6An Order confirming the Respondent’s decision to refuse the adoption was issued on March 20, 2020. The reasons for the Order and the accompanying recommendations are set out in this Decision.
the law
7The relevant provisions of the Act, section 192, are as follows:
(1) This section applies if, (a) a society decides to refuse an application to adopt a particular child made by a foster parent or other person;
(2) The society or licensee who makes a decision referred to in subsection (1) shall,
(a) give at least 10 days’ notice in writing of the decision to the person who applied to adopt the child or with whom the child had been placed for adoption;(…)
(3) A person who received notice of a decision under subsection (2) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the decision
(11) The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm or rescind the decision under review and shall give written reasons for its decision.
8To make its decision, the CFSRB must also consider the over-arching considerations set out in the Preamble and section 1 of the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest