CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
T and J R Applicants
-and-
Simcoe Muskoka Child, Youth and Family Services Respondent
INTERIM DECISION
Adjudicator: Tracy Foster Date: February 25, 2026 Citation: 2026 CFSRB 24 Indexed as: T and J R v Simcoe Muskoka Child, Youth and Family Services (CYFSA s.192)
OVERVIEW
1This is an Application filed under section 192 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the "Act"). The Applicants seek a review of the Respondent's decision to not place the Child ("AK") with the Applicants for adoption.
2The Applicants were 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.
3The Applicants received a letter from the Respondent on February 5, 2026 ("February 5th Letter") stating:
"...[the Respondent] will not support your expressed Interest to adopt [AK]. The Agency will not move forward with your family plan, as it has currently been presented, and are exploring alternative adoption plans for [AK]."
4On February 13, 2026, the Applicants filed an Application ("Application CA26-0032") with the CFSRB under section 109 of the Act, which deals with the proposed removal of a foster child.
5On February 17, 2026, a Decision was issued by the CFSRB finding Application CA26-0032 ineligible because AK had not lived with the Applicants continuously for two years, which is required by legislation for the CFSRB to review the file.
6On February 24, 2026, the Applicants filed the current Application with the CFSRB under section 192 of the Act, which deals with the decision of a society to not place a child for adoption. The Applicants included a copy of the February 5th Letter in the current Application.
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
9When a person receives written notice under section 192 of the Act that a children's aid society has decided to refuse their application to adopt a particular child, they may apply within 10 days to the CFSRB for review of that decision.
ANALYSIS
10The Applicant received notice on February 5, 2026. The Application was filed on February 24, 2026, which falls outside of the 10-day window required to apply to the CFSRB.
11However, the Applicants had previously filed Application CA26-0032 on February 13, 2026, believing their matter fell under section 109 of the Act. Application CA26-0032 was filed within the required 10-day window.
The Purpose of Notice Requirements
12In the current Application, the Applicant refers to JT and CT v Windsor-Essex Children's Aid Society, 2019 CFSRB 74 ("JT and CT") which found that written notice by a child protection agency must "include specific reference to the applicable section of the Act and use the wording from that section".
13In JT and CT at paragraph 12, the CFSRB set out the elements that must be included in a notice and why:
The notice requirements in the Act are mandatory. They serve several important purposes. First, they notify foster parents and prospective adoptive parents of decisions that significantly impact their lives and the lives of children in their care (or who they hope will come into their care). Second, they tell foster parents and prospective adoptive parents that they have a right to have those decisions reviewed by the CFSRB. Third, they provide clarity about the time period in which foster parents and prospective adoptive parents can apply to the CFSRB. That period is very short – only 10 days from when notice is received. This short time period ensures that children and families do not remain in a state of uncertainty for a prolonged period. For these reasons, it is essential that notices under sections 109(7) and 192(2) be crystal clear.
14Additionally, in JT and CT, the CFSRB adopted the reasoning from JC & TB v. Children's Aid Society of the Regional Municipality of Waterloo, 2011 CFSRB 2 that when an adoption application is refused, written notice to the prospective adoptive parents must make specific reference to the applicable section of the Act and use the wording from that section.
15I find that the Respondent's February 5th Letter did not meet the requirements as set out in paragraphs 13 and 14 above. The letter did not make specific reference to the applicable section of the Act and use the wording from that section.
16The 10-day window for applying to the CFSRB does not start unless and until the Respondent has given notice that complies with the requirements as set out above. I therefore find that the Application is timely and is eligible to proceed.
DIRECTIONS
17To ensure that the hearing of the Application proceeds expeditiously, the CFSRB has set the first day of the hearing for March 3, 2026. A one-hour videoconference will be held on that date at 4:00 p.m. The CFSRB will send the parties a Notice of Hearing setting out the details for connecting to the videoconference on that date and time.
18The 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.
CONFIDENTIALITY ORDER
19Pursuant 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