CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
T and J R Applicant
-and-
Simcoe Muskoka Child, Youth and Family Services Respondent
DECISION
Adjudicator: Tracy Foster Date: February 17, 2026 Citation: 2026 CFSRB 20 Indexed as: T and J R v Simcoe Muskoka Child, Youth and Family Services (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”).
2This decision explains why the Application is not eligible for review by the CFSRB.
3The Applicants are the foster parents of an approximately two-year-old child (“AK”). AK was removed from the Applicants’ home by Children's Aid Society of the District of Nipissing and Parry Sound and placed into the care of the Respondent on March 7, 2025 while an investigation into an incident involving AK was completed. The Applicants received written notice of the Respondent’s decision not to return AK to their care on February 5, 2026.
ISSUE
4The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
5The CFSRB finds that the Application is not eligible for review.
ANALYSIS
CFSRB Jurisdiction
6Sections 109(7) and 109(8) of the Act set out that for the CFSRB to have the ability to review the society’s decision to remove a child from a foster home, the child must be in extended society care from a foster home and the child must have lived continuously with the foster parent(s) for two years.
7In this case, AK has not lived continuously with the Applicants for two years.
8For this reason, the Application is not eligible for review by the CFSRB and it must be dismissed.
DIRECTIONS
9The Application is dismissed.
CONFIDENTIALITY ORDER
10Pursuant 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