The applicant foster parent brought a motion seeking an interim order to return her foster child, who had been removed by the respondent children's aid society.
The Child and Family Services Review Board found that the society failed to provide the statutorily required notice of removal and improperly sought a local director's opinion retroactively.
Applying the best interests of the child test, the Board determined that the child's strong views and wishes, the bond with the applicant, and the need for continuity of care outweighed the mitigated risks of emotional harm.
The Board ordered the child returned to the applicant on an interim basis.