JB and JB v. Child and Family Services of Grand Erie, 2024 CFSRB 73

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JB and JB Applicants

-and-

Child and Family Services of Grand Erie Respondent

DECISION

Adjudicator: Tamara Jordan Date: June 24, 2024 Citation: 2024 CFSRB 73 Indexed As: JB and JB v Child and Family Services of Grand Erie (CYFSA s.192)

OVERVIEW

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 192 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1 (the “Act”).

ISSUE

2The issue is:

a. Is the Application eligible for review by the CFSRB?

RESULT

3The CFSRB finds that the Application is not eligible for review.

ANALYSIS

4In their Application, the Applicants identify that they are “kin” to the child named in the Application (the “Child”) and indicate the Application is about the removal of a child who was placed with them for adoption.

5In support of the Application, the Applicants included as “written notice” an email dated April 27, 2023 from a Respondent child protection worker. The email does not identify to whom it was sent. The email suggests that “children” would be moving to another person’s care within two days of the email and that the email recipients would continue to spend time with the “children”. There is no mention of adoption.

6The Application does not contain any information that suggests that the Child (or any children), had been placed by the Respondent with the Applicants for adoption, or that the Applicants had even applied to adopt the Child (or any children). The Applicants only note that they were “full-time caregivers for over 2 years” prior to the children’s removal.

7Under section 192(3) of the Act, a person who receives notice of a decision to refuse their application for adoption or of a decision to remove a child who has been placed with them for adoption may within 10 days after receiving the notice, apply to the CFSRB in accordance with the regulations for a review of the decision.

8On the first page of the form that a person must complete in applying to the CFSRB for such a review (i.e., Form 3), the following requirements are outlined:

The Application must be filed by the person who received the written notice. The Application must be filed with the [CFSRB] within 10 days of receiving the written notice.

9The Applicants filed the April 27, 2023 email as the “written notice” to them of the Respondent’s decision to remove a child placed with them for adoption.

10First, it is unclear from the unaddressed email if the Applicants were the recipients of the email (i.e., the persons who received the written notice).

11Second, even if it the email was addressed to both Applicants, the email is dated approximately 14 months ago, greatly surpassing the 10-day deadline to apply to the CFSRB after receiving written notice.

12Moreover, there was no information provided that supports that the Respondents placed the Child (or any children) with the Applicants for adoption. Neither the Application nor the April 27, 2023 email make any reference to adoption or an adoption placement with the Applicants.

13For these reasons, the Application is ineligible for review by the CFSRB.

ORDER

14The Application is dismissed.

CONFIDENTIALITY ORDER

15Pursuant 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.