CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
MS and RS
Applicants
-and-
Huron-Perth Children's Aid Society
Respondent
INTERIM DECISION
Adjudicator: Tracy Foster
Date: November 14, 2025
Citation: 2025 CFSRB 166
Indexed As: MS and RS v Huron-Perth Children's Aid Society (CYFSA s.109)
OVERVIEW
1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 109 of the Child, Youth and Family Services Act 2017, SO 2017, c.14, Sched.1 (“the Act”). The Applicants seek a review of the Respondent’s decision to remove the child (“DS”) from their care.
2DS was placed in foster care with the Applicants two days after her birth in September 2021. In March 2022, DS was placed with her biological mother and returned to the Applicants in June 2022 and has lived with the Applicants continuously since then. When the Applicants received the notice of adoption refusal of DS from the Respondent, the Applicants were in the process of adopting her.
3The Respondent advised the Applicant by letter dated November 4, 2025 (received by the Applicants on November 5, 2025) that it intended to remove DS from the Applicants’ care on November 14, 2025, and that it could not support moving forward with their adoption of DS.
4On November 13, 2025, the Applicant filed this Application with the CFSRB.
ISSUE
5The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
6The CFSRB finds that the Application is eligible for review.
NOTICE REQUIREMENTS
7Section 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 to the CFSRB within 10 days for a review of the decision to remove the child.
8The Act does not allow for exceptions to the notice requirement. Section 109(17) allows a children’s aid society to remove a child from a foster home before the expiry of the time for applying for a review under subsection (8), only if there is a risk that the child is likely to suffer harm during the time necessary for a review by the CFSRB. Importantly, the notice requirement is not affected by section 109(17).
ANALYSIS
9DS has lived continuously with the Applicant for more than two years.
10The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.
11For these reasons, the Application is eligible to proceed to a hearing.
PRELIMINARY ISSUES
12In addition to this Application, the Applicants filed a separate Application (CA25-0196) for DS under Section 192 of the Act (adoption refusal).
13The Applicants have also filed, two additional Applications (CA25-0195 and CA25-0198) with regards to a different child, involving a different Respondent, under Section 109 and Section 192 of the Act. Application CA25-0195 was found ineligible for review by the CFSRB.
14The Applicants have put forward a motion seeking that all Applications be heard together.
DIRECTIONS
15The CFSRB has set the first day of hearing for November 19. A one-hour videoconference will be held on that date at 2:00 p.m. The purpose of the first day of hearing is to:
identify any preliminary issues, including whether the Applications will be heard together;
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.
16The 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.
17The CFSRB may issue further directions as necessary.
CONFIDENTIALITY ORDER
18Pursuant 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.
Tracy Foster
Tracy Foster
Member