FK and IA v Children’s Aid Society of Toronto, 2023 CFSRB 97

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

FK and IA Applicants

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: November 17, 2023 Citation: 2023 CFSRB 97 Indexed As: FK and IA v Children’s Aid Society of Toronto (CYFSA s.192)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 192 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2In August 2022, the Applicants applied to adopt the child, AI. They recently renewed their request to adopt AI.

3On November 13, 2023, the Applicants received a letter from the Respondent (dated November 6, 2023) stating that the Respondent had “made the decision not to place this child with you for adoption.”

4The Application was filed with the CFSRB on November 15, 2023.

NOTICE REQUIREMENTS

5When a person receives written notice under section 192 that a children’s aid society has decided to refuse their application to adopt a particular child, they may apply within 10 days to the CFSRB for review of that decision.

ANALYSIS

6The Application was filed within 10 days of the Applicants receiving written notice that the Respondent was refusing their application to adopt AI. Accordingly, this Application is eligible to proceed to a hearing.

DIRECTIONS

7In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for Wednesday, November 22, 2023. A one-hour videoconference will be held on that date at 2:00 p.m.

8The 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;
• discuss the possibility of mediation; and,
• deal with any other necessary procedural matters.

9The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the refusal of an adoption application as soon as possible.

CONFIDENTIALITY ORDER

10Pursuant 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.