TF v. Children’s Aid Society of Halton, 2023 CFSRB 109

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TF

Applicant

-and-

Children’s Aid Society of Halton

Respondent

DECISION

Adjudicator: Daniel McSweeney

Date: December 15, 2023

Citation: 2023 CFSRB 109

Indexed As: TF v Children’s Aid Society of Halton (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 109 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This decision explains why the Application is not eligible for review by the CFSRB.

BACKGROUND

3The Applicant has been the foster parent of CCB (the Child) since late October of 2023.

4On December 6, 2023, the Applicant was informed verbally by Respondent staff that the Child was going to be moved within 1 hour. The Applicant indicated that she had requested but had not received a written notice of the Respondent’s decision.

5The Applicant opposes the proposed move as she and her partner had become attached to the Child and moving him to a sixth caregiver will result in further traumatization of the Child.

6The Applicant filed her Application to the Board on December 14, 2023.

NOTICE AND FILING REQUIREMENTS

7Section 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.

8A person who receives written notice under section 109(7) of the Act may apply within 10 days to the CFSRB for review of the decision to remove the child.

ANALYSIS

9I considered whether the CFSRB had the jurisdiction to review the Application pursuant to section 109(7) of the Act.

10In this case, the Child has not lived continuously with the Applicant for 2 years. He has lived with the Applicant for approximately 53 days.

11Given that the Child has not lived continuously with the foster parent for two years at the time she received notice of the proposed removal on December 6, 2023, I find that the Applicant is not eligible to have the Respondent’s decision reviewed by the CFSRB.

12For these reasons, the Application is not eligible to proceed to a hearing and must be dismissed.

ORDER

13The Application is dismissed.

CONFIDENTIALITY ORDER

14Pursuant 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 online. 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.