The applicant foster parent sought a review of the respondent Children's Aid Society's decision to remove a 32-month-old child from her care following a domestic dispute between the applicant and her former partner.
The Child and Family Services Review Board found that the respondent failed to provide the statutorily required notice of removal and improperly removed the child without a local director's opinion of risk.
The Board rejected the respondent's argument that it lacked jurisdiction to order the child returned to a closed Outside Paid Resource foster home.
Applying the best interests of the child test, the Board concluded that the child's physical, mental, and emotional needs, as well as the importance of continuity of care and the child's strong attachment to the applicant, favoured returning the child to the applicant's care.
The removal decision was rescinded.