SM v. Simcoe-Muskoka Child Youth & Family Services, 2024 ONCFSRB 130

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SM Applicant

-and-

Simcoe-Muskoka Child Youth & Family Services Respondent

INTERIM DECISION

Adjudicator: Caroline Sand Date: November 13, 2024 Citation: 2024 CFSRB 130 Indexed As: SM v Simcoe-Muskoka Child Youth & Family Services (CYFSA s.192)

Introduction

1This is an Application filed under section 192 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the "Act").

BACKGROUND

2The Application was filed with the CFSRB on October 15, 2024. The Applicant claimed to have received a letter from the Respondent by email on October 7, 2024, even though the date on the letter was September 24, 2024. The CFSRB issued a Case Management Direction on October 21, 2024, directing the Applicant to provide evidence that he received the letter on October 7, 2024. The letter from the Respondent advised the Applicant that the Respondent will not support or proceed with an application for him to adopt the children of his live-in partner.

3The Applicant provided a copy of the email he received, that confirmed the email was only sent on October 7, 2024, even though the letter is dated two weeks earlier. The Respondent confirmed in its submissions of November 7, 2024, that the letter was sent on October 7, and the date of September 24, 2024 was an error.

NOTICE REQUIREMENTS

4When a person receives written notice under section 192 of the Act 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

5The application was filed within 10 days of the Applicant receiving written notice that the Respondent was refusing their application to adopt the children HC and JC. Accordingly, this application is eligible to proceed to a hearing.

6The Applicant filed a Form 3 for each of the children. The Form 3s will proceed together.

DIRECTIONS

7In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for November 18, 2024. A one-hour videoconference will be held on that date at 11:00 a.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 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.