JH v. Ottawa Children's Aid Society, 2024 CFSRB 41

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JH Applicant

-and-

Ottawa Children’s Aid Society Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: April 10, 2024 Citation: 2024 CFSRB 41 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.

4The Respondent advised the Applicant by letter dated April 2, 2024 (received by the Applicant that same day) that it intended to remove CS-W from the Applicant’s home. It is the Applicant’s understanding that the Respondent plans to place CS-W in a group home.

5On April 9, 2024, the Applicant filed this Application with the CFSRB.

NOTICE REQUIREMENTS

6Section 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

7CS-W is in extended society care and has lived continuously with the Applicant for more than two years.

8The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.

9For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for April 16, 2024. A one hour videoconference will be held on that date at 3:00 p.m.

11The 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.

12The 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

13Pursuant 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.