GM and KM v. Child and Family Services of Grand Erie, 2024 ONCFSRB 50

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

GM and KM

Applicant

-and-

Child and Family Services of Grand Erie

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: May 2, 2024

Citation: 2024 CFSRB 50

Indexed As: GM and KM v Child and Family Services of Grand Erie

(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”).

BACKGROUND

2The Applicants have another section 192 Application before the CFSRB (CA24-0059) involving the same child.

3CA24-0059 is filed pursuant to section 192(1)(a), i.e., the refusal of a request to adopt a particular child. The new Application is filed pursuant to section 192(1)(b), i.e., the proposed removal of a child placed for adoption.

4The new Application appears to have been triggered by an April 23, 2024 letter from the Respondent to the Applicant proposing to remove the child once the CFSRB has made a decision in CA24-0059 on a jurisdictional issue, if that decision is in the Respondent’s favour. The Respondent’s letter references section 109 of the Act which deals with the removal of a child from a foster home.

ANALYSIS

5The child has not been placed with the Applicants for adoption. To the contrary, the Respondent plans to place the child for adoption with another family. Thus section 192(1)(b) does not apply and the new Application is not eligible to proceed. Accordingly, it must be dismissed.

6I make no finding as to whether the April 23, 2024 letter constitutes proper notice under section 109 of the Act.

order

7The Application is dismissed.

confidentiality order

8Pursuant 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.