Child and Family Services Review Board
Between:
MS and RS Applicants
-and-
The Children's Aid Society of London and Middlesex Respondent
Interim Decision
Adjudicator: Tracy Foster Date: November 14, 2025 Citation: 2025 CFSRB 168 Indexed As: MS and RS v The Children's Aid Society of London and Middlesex (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”). Section 109 deals with the removal of a child from a foster home or other residential placement. The Applicants seek a review of the Respondent’s decision to remove the child (“JH”) from their care.
2JH was placed into foster care with the Applicants in November 2024 and the Applicants were in the process of adopting him.
3The Respondent advised the Applicant by letter dated November 4, 2025 (received by the Applicants on November 5, 2025) that it has determined that it is in the best interests of JH that he be removed from their care and it will not proceed with the adoption process.
4On November 13, 2025, the Applicant filed this Application with the CFSRB.
5This decision explains why the Application is not eligible for review by the CFSRB.
Issue
6The issue is:
a. Is the Application eligible for review by the CFSRB?
Result
7The CFSRB finds that the Application is not eligible for review.
Notice and Legislated Requirements
8Section 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.
Analysis
9JH has lived with the Applicants since November 2024, which is less than the two years as required under Section 109(7)(a) of the Act.
10For this reason, the Application is not eligible for review by the CFSRB and must be dismissed.
Order
11The Application is dismissed.
Confidentiality Order
12Pursuant 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