JH v. Ottawa Children’s Aid Society, 2024 CFSRB 157

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JH Applicant

-and-

Ottawa Children’s Aid Society Respondent

INTERIM DECISION

Adjudicator: Caroline Sand Date: December 24, 2024 Citation: 2024 CFSRB 157 Indexed As: JH v Ottawa Children’s Aid Society (CYFSA s.109)

INTRODUCTION

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

BACKGROUND

2The Applicant has been CS-W’s foster parent since March 2016 except for a brief period in 2020.

3CS-W was placed in extended society care in February 2017.

4This is the second Application filed pursuant to section 109 of the Act this year. The first Application was filed by the Applicant on April 9, 2024. That Application was resolved in a mediated settlement through the CFSRB process.

5The present Application was filed on December 23, 2024. According to the present Application, on November 18, 2024, following an incident in the Applicant’s home, which caused concern for the safety of the Applicant and CS-W’s birth grandmother, the Respondent placed CS-W in a group home.

6The Applicant did not oppose the replacement of CS-W to the group home at that time, on a temporary basis and the Applicant maintained a supportive and continuous role in CS-W’s life.

7The Applicant understands from the Respondent that it intends to move CS-W from the current group home, which is considered an emergency placement, to another more permanent group home.

8The Applicant was served with written notice on December 13, 2024, that CS-W will not return to her care.

NOTICE REQUIREMENTS

9Section 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

10CS-W is in extended society care and has lived continuously with the Applicant for more than two years.

11The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.

12For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

13In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for January 3, 2025. A one hour videoconference will be held on that date at 11:00 a.m..

14The 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.

15The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of a child from a foster home as soon as possible.

CONFIDENTIALITY ORDER

16Pursuant 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.