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Board confirms removal of foster children, finding return to applicants' restrictive home not in their best interests.
The applicants appealed the decision of the Children's Aid Society to remove two foster children from their care.
The Society argued the Board lacked jurisdiction because the applicants' foster home had been closed.
The Board found it had jurisdiction because the applicants were foster parents at the time of the removal.
Applying the best interests of the child test under section 37(3) of the Child and Family Services Act, the Board concluded that returning the children to the applicants' restrictive environment would not be in their best interests, particularly given their need for native cultural exposure and psychological assessment which the Society was funding in their current placement.
The Society's decision to remove the children was confirmed.
Adoption application by former foster parents refused due to safety risks from birth family.
The applicants, former foster parents of the child, applied to the Child and Family Services Review Board to review the Children's Aid Society's refusal of their application to adopt the child.
The Society had removed the child and closed the applicants' foster home due to alleged discrepancies in mileage claims, but later cited safety concerns regarding the birth mother's knowledge of the applicants.
The Board found it had jurisdiction to hear the application.
However, applying the best interests of the child test, the Board concluded that the long-term safety and security risks posed by the birth family's knowledge of the applicants outweighed the child's attachment to them.
The Society's decision to refuse the adoption application was confirmed.