DH v. Halton Children’s Aid Society, 2024 CFSRB 128

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DH Applicant

-and-

Halton Children’s Aid Society Respondent

INTERIM DECISION

Adjudicator: Caroline Sand Date: November 12, 2024 Citation: 2024 CFSRB 128 Indexed As: DH v Halton Children’s Aid Society (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, S.O. 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant is the child TT’s maternal great aunt, and has been TT’s kinship caregiver, first informally and then formally since the child was born in October 2018.

3The Respondent advised the Applicant by letter dated October 29, 2024 that it intended to remove TT from the Applicant’s home, and place him with his biological father.

4On November 5, 2024, the Applicant filed this Application with the CFSRB.

5On November 8, 2024, the Respondent wrote to the CFSRB advising that it had brought an urgent motion before the Court on November 7, 2024, requesting that the child be placed in the home of his father. The Court granted the request on a without prejudice temporary basis and the matter was returning to Court on December 3, 2024.

6The Respondent also advised that it commenced a Status Review Application in March 2023 (amended in December 2023) wherein it sought an order terminating the Extended Society Care Order made in March 2021.

NOTICE REQUIREMENTS

7Section 109(7)(a) of the Act requires a children’s aid 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 the child has lived continuously with a foster parent for two years. When a person receives written notice under section 109(7)(a) they may apply within 10 days to the CFSRB for a review of the decision to remove the child.

ANALYSIS

8TT has been in extended society care and has lived continuously with the Applicant for more than two years.

9The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.

10For these reasons, the Application is eligible to proceed to a hearing. However, the Respondent has advised the CFSRB that it has sought to terminate its Extended Society Care Order and place the child in the father’s care. The Respondent has also advised that the matter is before the Court. The Respondent has not provided the supporting documents from the Court.

11In the absence of the supporting documentation from the Respondent, this matter will proceed to a first day of hearing.

DIRECTIONS

12In order to ensure this matter proceeds expeditiously, the CFSRB has set the first day of hearing for November 14, 2024. A one-hour videoconference will be held on that date at 2:00 pm.

13In section 109 proceedings, the 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.

14At the hearing, the parties may present their positions related to the jurisdiction of the CFSRB to hear this Application given that custody of TT may now be before the Court.

confidentiality order

15Pursuant 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.