CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JM and CM
Applicants
-and-
Children's Aid Society of the District of Nipissing and Parry Sound
Respondent
DECISION
Adjudicator: Tracy Foster
Indexed as: JM and CM v Children’s Aid Society of the District of Nipissing and Parry Sound (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 the child (“MB”) named in the Application. MB has been in their care since February 2023.
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
The CFSRB can only review an application when a children’s aid society proposes the removal of a child who is in extended care and has lived with the foster parent continuously for at least two years.
6Sections 109(7) and 109(7)a of the Act set out that if a child is in extended society care, has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent, the society shall provide at least 10 days written notice of its decision to remove the child from the foster parent.
7Section 109(8) of the Act states that when a person receives written notice from the society, they may apply within 10 days to the CFSRB for a review of the decision to remove the child.
8In the Application, the Applicants state, “When the judge ordered [MB] home on December 12th, 2025, [the Respondent] and ourselves were shocked.”
9According to the Application, the court ordered the removal of MB. The CFSRB is only able to review a children’s aid society’s proposed to removal of a child, not decisions made by the courts to remove a child. Therefore, the CFSRB lacks jurisdiction to review this Application.
10For these reasons, the Application is not eligible for review by the CFSRB and must be dismissed.
DIRECTIONS
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