CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
AC Applicant
-and-
The Children’s Aid Society of the Regional Municipality of Waterloo Respondent
INTERIM DECISION
Adjudicator: Tracy Foster
Date: January 27, 2026
Citation: 2026 CFSRB 16
Indexed as: AC v The Children’s Aid Society of the Regional Municipality of Waterloo (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 Applicant seeks a review of the Respondent’s decision to remove AA (“the Child”) from their care.
2The Applicant has been AA’s foster parent since January 2023.
3AD was placed in extended society care in March 2025.
4In her Application, the Applicant states that AA had been in her care for over two years and was removed following an incident for which details were not provided. The Applicant alleges that AA was removed from her home approximately two months ago and she has had no access or visitation with AA since.
5In a letter dated January 14, 2026, and emailed to the Applicant on January 21, 2026, the Respondent provided formal notice to the Applicant that AA will not be returned to the Applicant’s care.
6On January 27, 2026, the Applicant filed this Application with the CFSRB.
ISSUE
7The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
8The CFSRB finds that the Application is eligible for review.
NOTICE REQUIREMENTS
9Section 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.
10The 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
11AA is in extended society care and had lived continuously with the Applicant for more than two years prior to her removal.
12The Application was filed within 10 days of the Applicant receiving written notice under section 109(7)(a) of the Act.
13For these reasons, the Application is eligible to proceed to a hearing.
DIRECTIONS
14In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for February 4, 2026. A one-hour videoconference will be held on that date at 2:30 p.m.
15The 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.
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 as soon as possible.
CONFIDENTIALITY ORDER
17Pursuant 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