SM v. Children’s Aid Society of the Districts of Sudbury and Manitoulin, 2024 CFSRB 38

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SM Applicant

-and-

Children’s Aid Society of the Districts of Sudbury and Manitoulin Respondent

-and-

JR and CR Added Parties

INTERIM DECISION

Adjudicator: Catherine Bickley Date: April 5, 2024 Citation: 2024 CFSRB 38 Indexed As: SM v Children’s Aid Society of the Districts of Sudbury and Manitoulin and JR and CR (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”).

2These are the reasons for the CFSRB’s March 28, 2024 Order adding JR and CR (“the foster parents”) as parties to this proceeding.

BACKGROUND

3The Applicant is seeking a review of the Respondent’s refusal of her application to adopt VR.

4The Respondent plans to place VR with her current foster parents for adoption. On March 22, 2024, VR’s foster parents requested that they be added as parties to this proceeding.

5The Respondent consents to the addition of the foster parents. The Applicant opposes their addition and has made written submissions on the issue.

ANALYSIS

6The Applicant submits that the focus of the hearing should be “on why her plan of care should be assessed by the [Respondent] with the context of [VR’s] best interests.” And that the “foster parents do not need to be added as parties for this assessment to take place.” Further, she states that her evidence will primarily focus on the Respondent’s failure to inform her that VR had been taken to a place of safety and subsequently placed in extended society care as well as the Respondent’s alleged failure to review or compare her adoption plan with that of the foster parents.

7The CFSRB’s task in this proceeding is not to review the alleged procedural failings of the Respondent. Rather, the CFSRB’s task is to determine whether, at the time of the hearing, it is in VR’s best interests to confirm or rescind the Respondent’s refusal of the Applicant’s application to adopt VR. In assessing what action is in VR’s best interests, the CFSRB will, of necessity, be comparing the Applicant’s adoption plan and that of the foster parents.

8The Applicant is concerned that the Application contains personal information about her son that would be shared with the foster parents if they are added as parties. All parties to this proceeding are required to keep documents and information disclosed during this proceeding in strict confidence.

9The Applicant also states that adding the foster parents as parties might have a negative impact on an openness application before the Ontario Court of Justice. This is not a relevant factor in a determination by the CFSRB whether to add a party to a CFSRB proceeding.

10Finally, the Applicant submits that the foster parents “come into these proceedings with an unfair advantage: they have an established relationship with [VR], have commenced the adoption process, and may call witnesses to speak to the particulars of their relationship with [VR].” The factors that the Applicant points to as an “unfair advantage” are all factors that the CFSRB must evaluate in carrying out its task of determining what action is in VR’s best interests. Full information from the foster parents and witnesses they may call will assist the CFSRB in this evaluation.

11The foster parents have an important interest in the outcome of this proceeding. Their interests and the interests of the Respondent are not necessarily identical.

12For these reasons, I conclude that it is necessary to add the foster parents as parties in order for the CFSRB to decide all the issues before it in this proceeding.

ORDER

13JR and CR are added as parties to this proceeding. The style of cause is amended accordingly.

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 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.